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HomeMy WebLinkAboutCity Council/PCDSA Minutes 11/07/20161 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 November 7, 2016 City of Petaluma, California M, MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY X85$ City Council /PCDSA Minutes Monday, November 7, 2016 Regular Meeting MONDAY NOVEMBER 7 2016 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION A. ROLL CALL Vol. 48, Page 305 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: Friends of Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu ll, LLC, Kimberly Pfendler, as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E. Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court action number SCV- 253148. 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 Vol. 48, Page 306 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 November 7, 2016 MONDAY, NOVEMBER 7, 2016 EVENING SESSION — 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None B. PLEDGE OF ALLEGIANCE Angel Valdezpino, Petaluma Adult School Citizenship Class C. MOMENT OF SILENCE AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) Mayor Glass announced that the CONSENT CALENDAR items would be heard individually, and that Item 6.A would follow the CONSENT CALENDAR. GENERAL PUBLIC COMMENT Mayor Glass opened GENERAL PUBLIC COMMENT. Yvonne Moreno, Petaluma, Petaluma Adult School, thanked the City Council on behalf of her Citizenship class. Rezvan Lindsay, Petaluma, inquired about the expense of city water and the condition of the city streets. Mayor Glass Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Zen Destiny, Sebastopol, spoke on a variety of topics. Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, September 12, 2016. B. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, September 19, 2016. 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 0"i 3. November 7, 2016 Vol. 48, Page 307 C. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, October 3, 2016. D. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, October 17, 2016. Council Member Healy asked that the following correction be made to Item 1.A (Minutes of September 12, 2016): Under Public Comment on Item 5.6, correct the spelling of speaker Dave Corkill's last name. Vice Mayor King asked that the following correction be made to Item 1.B (Minutes of September 19, 2016): Correct the votes from 5/2 to 5/0 to show that Council Members Albertson and Healy were absent, and not voting "no" on items. Items 1.A, 1.13, 1.C, and 1.D were deemed approved as presented or corrected. APPROVAL OF PROPOSED AGENDA A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday, November 21, 2016. Mayor Glass City Manager Brown announced that a City Council Workshop Meeting would be held on Monday, November 14, 2016, at 6:00 p.m., the topics of which would be the Sustainable Groundwater Management Act in the Petaluma Valley Basin and the 2016 Water and Sewer Rate Study. Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday, November 21, 2016, as presented. 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 CONSENT CALENDAR A. Resolution 2016 -170 N.C.S. Approving Claims and Bills for September 2016. (Mushallo) Mayor Glass opened Public Comment on Item 3.A. Zen Destiny, Sebastopol, objected to multiple political issues. Vol. 48, Page 308 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 a I November 7, 2016 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 3.A. Motion: Approve A. Resolution 2016 -170 N.C.S. Approving Claims and Bills for September 2016. 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 Consideration and Approval of Resolution 2016 -171 N.C.S. Supporting Measure Y, a Countywide Quarter Cent Sales Tax Measure for the Sonoma County Library. (Brown) Mayor Glass opened Public Comment on Item 3.B. Zen Destiny, Sebastopol, objected to Measure Y. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 3.B. Motion: Approve B. Resolution 2016 -171 N.C.S. Supporting Measure Y, a Countywide Quarter Cent Sales Tax Measure for the Sonoma County Library. Motion by Gabe Kearney, seconded by Dave King. 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 Council Member Healy Resolution 2016 -172 N.C.S. Ratifying the Tentative Agreement Reached by the Duly Authorized Representatives of the City of Petaluma and the Petaluma Public Safety Mid - Management Association -Unit 10. (Brodhun) Mayor Glass opened Public Comment on Item 3.C. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 3.C. 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 November 7, 2016 Vol. 48, Page 309 Motion: Approve C. Resolution 2016 -172 N.C.S. Ratifying the Tentative Agreement Reached by the Duly Authorized Representatives of the City of Petaluma and the Petaluma Public Safety Mid - Management Association - Unit 10. 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 Item 6.A was heard next: 6. PUBLIC HEARING A. Resolution 2016 -173 N.C.S. to Modify the Lakeville Business Park Planned Community District to Add "Fitness /Health Facility" as a Minor Conditional Use on All Lots Throughout the Lakeville PCD and Adopt Technical Edits to the Zoning District Regulations. (Hines) Contract Planning Manager Heather Hines Contact Associate Planner Milan Nevajda Mayor Glass Mr. Nevajda Council Member Kearney Council Member Barrett Mr. Nevajda Council Member Albertson Mr. Nevajda Council Member Albertson Mr. Nevajda Mayor Glass opened Public Comment on Item 6.A. Daniel Mandel, San Francisco, on behalf of TMLC Invest LLC, requested the Council limit the proposed modifications. Mayor Glass Vol. 48, Page 310 November 7, 2016 1 Mr. Mandel 2 3 Council Member Healy 4 5 Ms. Hines 6 7 Council Member Albertson 8 9 Mr. Nevajda 10 11 Mayor Glass 12 13 Mr. Nevajda 14 15 Council Member Barrett 16 17 Katherine Bobrowski, Petaluma, asked about the cost to the city, and said she 18 believed it would worsen traffic on Lakeville. 19 20 Paul Andronico, General Counsel, Basin Street Properties 21 22 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 23 on Item 6.A. 24 25 Vice Mayor King 26 27 Mayor Glass 28 29 Council Member Healy 30 31 Council Member Albertson 32 33 Mayor Glass 34 35 Council Member Albertson 36 37 Council Member Miller 38 39 Council Member Kearney 40 41 Mayor Glass 42 43 City Attorney Danly 44 45 Ms. Hines 46 47 City Attorney Danly 48 49 Motion: Approve A. Resolution 2016 -173 N.C.S. to Modify the Lakeville Business 50 Park Planned Community District to Add "Fitness /Health Facility" as a Minor 51 Conditional Use on All Lots Throughout the Lakeville PCD and Adopt Technical 52 Edits to the Zoning District Regulations, amended as follows: November 7, 2016 Vol. 48, Page 311 2 • In the title of the resolution, change the words "AS A MINOR CONDITIONAL 3 USE ON ALL LOTS THROUGHOUT THE LAKEVILLE PCD" to "AS A MINOR 4 CONDITIONAL USE ON LOTS 20/21 WITHIN THE LAKEVILLE PCD." 5 • Under B after "NOW, THEREFORE, BE IT RESOLVED THAT." 6 ■ Item #5 of the Findings, second sentence, delete the words "and 7 Fitness /Health Facilities can be compatible with the industrial and support 8 commercial land uses envisioned for, and that have been established in, 9 the Lakeville PCD." 10 N Item #5 of the Findings, third sentence, change the words, "as minor 11 conditional land uses throughout the Lakeville PCD," to, "as a minor 12 conditional use on Lots 20/21 of the Lakeville PCD." 13 a Item #8 of the Findings, third sentence, change the words, "The proposed 14 conditional use will not prevent the Lakeville PCD from serving its central 15 purpose," to, "The proposed Minor Conditional Use of Lots 20121 will not 16 prevent the Lakeville PCD from serving its central purpose." 17 Under C after "NOW, THEREFORE, BE IT RESOLVED THAT." change the words, 18 "the City Council hereby approves the modification to the Lakeville Business 19 Park Planned Community District as presented in Exhibit A," to "the City 20 Council hereby approves the modification to the Lakeville Business Park 21 Planned Community District to add Fitness /Health Facility as a Minor 22 Conditional Use on Lots 20121 as shown in Exhibit A." 23 24 Motion by Gabe Kearney, seconded by Kathy Miller. 25 26 Vote: Motion carried 6 -1 27 28 Yes: Teresa Barrett; David Glass; Mike Healy; 29 Gabe Kearney; Dave King; Kathy Miller 30 No: Chris Albertson 31 Abstain: None 32 Absent: None 33 34 4. UNFINISHED BUSINESS 35 36 A. Adoption (Second Reading) of Ordinance 2586 N.C.S. Repealing and Replacing 37 Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal 38 Code to Adopt the 2016 California Fire Code, California Building Standards Code, 39 Title 24, Part 9, Based on the 2015 Edition of the International Fire Code. 40 (Thompson /Dueweke) 41 42 Battalion Chief Jeff Schach 43 44 Mayor Glass opened Public Comment on Item 4.A. 45 46 Zen Destiny, Sebastopol, objects the use of fireworks in this region. 47 48 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park 49 where she lives. 50 51 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 52 on Item 4.A. Vol. 48, Page 312 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 November 7, 2016 Motion: Approve A. Adoption (Second Reading) of Ordinance 2586 N.C.S. Repealing and Replacing Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal Code to Adopt the 2016 California Fire Code, California Building Standards Code, Title 24, Part 9, Based on the 2015 Edition of the International Fire Code. Motion by Chris Albertson, 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 5. NEW BUSINESS A Q Resolution 2016 -174 N.C.S. Authorizing Award of Contract for the City Hall West Wing and Fire Station 3 Roof Overlay to Cornerstone Roofing, Inc. (St. John /Zimmer) Deputy Director of Public Works and Utilities Larry Zimmer Mayor Glass opened Public Comment on Item 5.A. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 5.A. Motion: Approve A. Resolution 2016 -174 N.C.S. Authorizing Award of Contract for the City Hall West Wing and Fire Station 3 Roof Overlay to Cornerstone Roofing, Inc. Motion by David Glass, 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 Resolution 2016 -175 N.C.S. Authorizing the City Manager to Execute a Cooperative Agreement with Caltrans to Complete a Water Quality Mitigation Project Along Old Corona Road. (St. John /Zimmer) Deputy Director of Public Works and Utilities Larry Zimmer Council Member Healy 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 C November 7, 2016 Vol. 48, Page 313 Motion: Approve B. Resolution 2016 -175 N.C.S. Authorizing the City Manager to Execute a Cooperative Agreement with Caltrans to Complete a Water Quality Mitigation Project Along Old Corona Road. Motion by Mike Healy, seconded by Chris Albertson. Council Member Albertson Deputy Director Zimmer Mayor Glass opened Public Comment on Item 5.13. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 5.13. Mayor Glass Deputy Director Zimmer Mayor Glass 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 Discussion and Direction Regarding Regional Issues of Significance for the Mayors' and Councilmembers' Association of Sonoma County. (Brown) Mayor Glass Council Member Healy Mayor Glass Council Member Barrett Mayor Glass Council Member Miller Council Member Healy Mayor Glass Vice Mayor King Council Member Miller Vol. 48, Page 314 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 November 7, 2016 Council Member Healy Mayor Glass Council Member Barrett Mayor Glass Council Member Healy Council Member Kearney Council Member Barrett Council Member Kearney Mayor Glass opened Public Comment on Item 5.C. Zen Destiny, Sebastopol, spoke of a variety of issues. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 5.C. D. Consideration and Possible Adoption of an Urgency Ordinance of the City of Petaluma Making Findings and Establishing a Temporary Moratorium on Nonmedical Marijuana Uses in the City, to Become Effective Immediately Pursuant to California Government Code Section 65858. ( Danly) City Attorney Danly Mayor Glass opened Public Comment on Item S.D. Zen Destiny, Sebastopol, objects to marijuana ordinances. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 5.D. Council Member Barrett Council Member Albertson City Attorney Danly Council Member Albertson Council Member Healy City Attorney Danly Council Member Healy 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 November 7, 2016 Vol. 48, Page 315 Council Member Healy City Attorney Danly Council Member Healy City Attorney Danly Council Member Kearney City Attorney Danly Council Member Kearney City Attorney Danly Council Member Kearney City Attorney Danly Vice Mayor King Council Member Healy Mayor Glass Council Member Barrett Mayor Glass City Attorney Danly City Manager Brown Council consensus not to adopt an urgency ordinance tonight. Instead, if Proposition 64 passes on November 8th, Council will decide, at the November 21, 2016 City Council Meeting, if an ordinance should be brought back at the December 5, 2016 City Council Meeting, and what that ordinance should contain. COUNCIL COMMENT Council Member Healy Council Member Albertson Council Member Miller Council Member Kearney Vice Mayor King Vol. 48, Page 316 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 Council Member Barrett Mayor Glass CITY MANAGER COMMENT City Manager Brown Mayor Glass ADJOURN November 7, 2016 The meeting was adjourned at 9:34 p.m. in memory of Steve Simmons. ATTEST: Claire Cooper, CMC, City Clerk David Glass, Mayor