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HomeMy WebLinkAboutStaff Report 1.A 11/20/20171 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 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY'DEVELOPMENT SUCCESSOR AGENCY rs�a Draft City Council /PCDSA Minutes Monday, November 6, 2017 Regular Meeting MONDAY NOVEMBER 6 2017 CLOSED SESSION — 5:45 P.M. CALL TO ORDER A. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS; Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: Scott Brodhun and Amy Reeve, AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical /Technical; Peace Officers' Association of Petaluma, Unit 6 - Police; International Association of Firefighters Local, 1415 Unit 7 - Fire; and, Petaluma Professional & Mid - Managers Association, Unit 4 - Professional, Unit 9 Mid- Managers; and Unit 11 - Confidential. • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: (Paragraph (1) of subdivision (d) of Section 54956.9), Name of case: Petaluma Professional and Mid Managers Association v. City of Petaluma, Charge No. SF CE 1518 M. 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 A Vol. XX, Page 2 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 CALL TO ORDER A. ROLL CALL November 6, 2017 MONDAY, NOVEMBER 6, 2017 EVENING SESSION - 6:45 P.M. Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None B. PLEDGE OF ALLEGIANCE C. MOMENT OF SILENCE Council Member Kearney asked that the meeting be adjourned in memory of Larry Tencer, former Petaluma City Council Member. AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) Mayor Glass announced that Item 5.A would be moved up to follow the CONSENT CALENDAR. PROCLAMATION • Small Business Saturday - November 25, 2017 Mayor Glass Mayor Glass announced that applications were being accepted to fill vacancies on the Historic and Cultural Preservation Committee, Senior Advisory Committee, and Transit Advisory Committee. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. GENERAL PUBLIC COMMENT Mayor Glass opened GENERAL PUBLIC COMMENT, Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Susan Kirks, Petaluma, President, Madrone Audubon Society /Paula Lane Action Network, announced news of Petaluma Wetlands becoming part of SF Bay's International Ramsar designation. She also spoke of continuing challenges at Paula Lane. Peter Tscherneff, Petaluma, spoke on a variety political topics, including investigating the cause of the recent firestorms. Christine Scheeter, Petaluma, spoke about the dangerous traffic that has built up through the Oakhill Brewster Historic neighborhood. 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 6, 2017 Mayor Glass Vol. XX, Page 3 Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT. The CONSENT CALENDAR was heard next: 3. CONSENT CALENDAR A. Resolution 2017 -166 N.C.S. Accepting Claims and Bills for September 2017. (Mushallo) B. Resolution 2017 -167 N.C.S. Authorizing a Letter Offering Amended Language, and Indicating Continuing Opposition to HR 597 (Denham). (Brown) Mayor Glass opened Public Comment on the CONSENT CALENDAR. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the CONSENT CALENDAR. Vice Mayor Barrett Motion: Approve A. Resolution 2017 -166 N.C.S. Accepting Claims and Bills for September 2017. Motion by Kathy Miller, 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 Vice Mayor Barrett Council Member Healy Motion: Approve B. Resolution 2017 -167 N.C.S. Authorizing a Letter Offering Amended Language, and Indicating Continuing Opposition to HR 597 (Denham). Moved by Mike Healy, seconded by Kathy Miller, Council Member King Council Member Healy City Attorney Danly Mayor Glass Council Member Healy Vol. XX, Page 4 Mayor Glass Council Member Healy Mayor Glass Vice Mayor Barrett Council Member King Council Member Healy City Manager Brown November 6, 2017 Motion: Amend previous Motion and Second and Approve B. Resolution 2017 -167 N.C.S. Authorizing a Letter Offering Amended Language, and Indicating Continuing Opposition to HR 597 (Denham), as amended to remove the last two paragraphs of the draft letter Senators Feinstein and Harris. Motion by Mike Healy, 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 APPROVAL OF MINUTES A. Approval of Minutes of Special City Council /PCDSA Workshop Meeting of Monday, September 25, 2017. B. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, October 2, 2017. C. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, October 16, 2017. Mayor Glass noted that he was not in attendance at the Regular City Council /PCDSA Meeting of Monday, October 16, 2017, Council Member Healy asked that the summary of direction to staff on page 8 of Item 1.A (Approval of Minutes of Special City Council Workshop Meeting of Monday, September 25, 2017) be amended to reflect the Council's consensus not to apply changes to in -lieu fees for projects deemed complete prior to July 1, 2018. A. Minutes of Special City Council /PCDSA Workshop Meeting of Monday, September 25, 2017 were deemed approved as amended. B. Minutes of Regular City Council /PCDSA November 6, 2017 Vol. XX, Page S Meeting of Monday, October 2, 2017 and C. Minutes of Regular City Council /PCDSA Meeting of Monday, October 16, 2017 were deemed approved as submitted. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday, November 20, 2017. 9 Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday, 10 November 20, 2017, as submitted. 11 12 Motion by Gabe Kearney, seconded by Dave King. 13 14 Vote: Motion carried 7 -0 15 16 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; 17 Gabe Kearney; Dave King; Kathy Miller 18 No: None 19 Abstain: None 20 Absent: None 21 22 Item S.A was heard next: 23 24 S. NEW BUSINESS 25 26 A. Adoption of Urgency Ordinance 2628 N.C.S. (General Fund); Ordinance 2629 27 N.C.S. (Enterprise Funds); Ordinance 2630 N.C.S. (Special Revenue and Trust 28 Funds); Ordinance 2631 N.C.S. (Capital Project Funds); Ordinance 2632 N.C.S. 29 (Utilities Funds); and, Ordinance 2633 N.C.S. (Internal Service Funds) to Change 30 Certain Appropriations for the Operations of the City of Petaluma from July 1, 2017 31 to June 30, 2018 and Declaring the Urgency Thereof, to Take Effect Immediately; 32 Resolution 2017 -168 N.C.S. Committing Reserve Funds for Specific Uses and 33 Resolution 2017 -169 N.C.S. Updating the Authorized and Funded Permanent 34 Position Schedule. (Mushallo) 35 36 Finance Director Bill Mushallo 37 38 Mayor Glass opened Public Comment on Item S.A. 39 40 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 41 S.A. 42 43 Council Member Albertson 44 45 Motion: Approve A. Adoption of Urgency Ordinance 2628 N.C.S. (General Fund); 46 Ordinance 2629 N.C.S. (Enterprise Funds); Ordinance 2630 N.C.S. (Special 47 Revenue and Trust Funds); Ordinance 2631 N.C.S. (Capital Project Funds); 48 Ordinance 2632 N.C.S. (Utilities Funds); and, Ordinance 2633 N.C.S. (Internal 49 Service Funds) to Change Certain Appropriations for the Operations of the City of 50 Petaluma from July 1, 2017 to June 30, 2018 and Declaring the Urgency Thereof, 51 to Take Effect Immediately; Resolution 2017 -168 N.C.S. Committing Reserve Funds Vol. XX, Page 6 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 6, 2017 for Specific Uses and Resolution 2017 -169 N.C.S. Updating the Authorized and Funded Permanent Position Schedule. Motion by Gabe Kearney, seconded by Chris Albertson. Director Mushallo Council Member Albertson Director Mushallo Mayor Glass Vote: Motion carried 7 -0 Yes: No: Abstain: Absent: Council took a short brf Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller None None None -ak at this time. Mayor Glass announced that Council had returned from a 5- minute break and asked that the record show that all 7 Council Members remained present. 4. UNFINISHED BUSINESS A. Introduction (First Reading) of an Ordinance of the City Council of the City of Petaluma Repealing and Replacing Chapter 10.15, "Medical Marijuana," of the City of Petaluma Municipal Code, Retitling the Chapter "Cannabis," and Extending the City's Cannabis Regulations to Medical and Non - Medical Cannabis Uses in the City. (Brown) City Manager Brown Council Member Kearney City Attorney Danly Mayor Glass City Attorney Danly Council Member Albertson City Manager Brown Mayor Glass Mayor Glass opened Public Comment on Item 4.A. November b, 2017 Vol. XX, Page 7 Stuart Axelvel, Adobe Partners, Petaluma, in support of cannabis for medicinal purposes and also to cultivate cannabis to generate enough funds to save his family's farm. Mayor Glass Council Member Kearney Mayor Glass Eli Melrod, Solful, Sebastopol, spoke about the benefits of a brick and mortar dispensary to educate and treat the community. Council Member Albertson Mr. Melrod Council Member Albertson Amy Levine, Petaluma, spoke in support of the cannabis ordinance, while providing suggestions for procedures and language used throughout ordinance. Erin B. Carlstrom, Esq., Dickenson Peatman & Fogarty, Attorneys at Law, Santa Rosa, also in support of the cannabis ordinance and listed a number of suggestions. Council Member Healy Ms. Caristrom Claire Firestone, Petaluma, spoke in support of brick and mortar retail cannabis stores, as well as the benefit of delivery to a patient's home. Petaluma Citizen (name not given), spoke in support of a brick and mortar dispensary to assist in treating patients, such as herself, in Petaluma. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A, Mayor Glass City Attorney Danly Council Member Albertson City Attorney Danly Council Member Healy City Attorney Danly Council Member Kearney Vol. XX, Page 8 November 6, 2017 1 2 City Manager Brown 3 4 City Attorney Danly 5 6 Council Member.Kearney 7 8 Mayor Glass 9 10 Vice Mayor Barrett 11 12 Council Member Albertson 13 14 Vice Mayor Barrett 15 16 Mayor Glass 17 18 City Manager Brown 19 20 Mayor Glass 21 22 Council Member Miller 23 24 Council Member King 25 26 Mayor Glass 27 28 Council Member Healy 29 30 City Manager Brown 31 32 Mayor Glass 33 34 Council Member Healy 35 36 Council Member Albertson 37 38 City Attorney Danly 39 40 Mayor Glass 41 42 City Attorney Danly 43 44 Mayor Glass 45 46 Council Member Albertson 47 48 City Attorney Danly 49 50 Council Member Albertson 51 52 City Attorney Danly November 6, 2017 1 2 Mayor Glass 3 4 Council Member Miller 5 6 Council Member Kearney 7 8 Council Member King 9 10 Vice Mayor Barrett 11 12 Mayor Glass 13 14 City Attorney Danly 15 16 Council Member Albertson 17 18 City Attorney Danly 19 20 City Manager Brown 21 22 Vice Mayor Barrett 23 24 Council Member Kearney 25 26 Mayor Glass 27 28 Council Member Healy 29 30 City Attorney Danly 31 32 City Manager Brown 33 34 Council Member Albertson 35 36 Vice Mayor Barrett 37 38 City Attorney Danly 39 40 Vice Mayor Barrett 41 42 City Attorney Danly 43 44 Vice Mayor Barrett 45 46 Council Member King 47 48 Mayor Glass 49 50 Council Member King 51 52 Mayor Glass Vol. XX, Page 9 Vol. XX, Page 10 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 6, 2017 City Attorney Danly Mayor Glass confirmed that Council direction to staff was to draft a revised ordinance for the Monday, November 13, 2017 Special City Council Workshop Meeting, assuring that revised regulations for recreational cannabis do not interfere with allowable activities associated with medical cannabis permitted by the Compassionate Care Act or Chapter 10.15 of the City's Municipal Code; that licensing of delivery outlets extends to medical as well as recreational cannabis; and the manner in which manufacturers may sell the products they make. City Attorney Danly B. Resolution 2017 -170 N.C.S. Reviewing and Preserving in Effect the Emergency Proclamation of the Acting Director of Emergency Services Dated Effective October 9, 2017 and Ratified by the City Council October 16, 2017. ( Danly) City Manager Brown Mayor Glass opened Public Comment on Item 4.13. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.B. Motion: Approve B. Resolution 2017 -170 N.C.S. Reviewing and Preserving in Effect the Emergency Proclamation of the Acting Director of Emergency Services Dated Effective October 9, 2017 and Ratified by the City Council October 16, 2017. Motion by Kathy Miller, seconded by Mike Healy. 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 COMMENT Vice Mayor Barrett Council Member King Council Member Kearney Council Member Miller Council Member. Albertson City Manager Brown 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 November 6, 2017 Council Member Albertson Council Member Healy Mayor Glass CITY MANAGER COMMENT None. ADJOURN Vol. XX, Page 11 The meeting was adjourned at 9 :30 p.m. in memory of Larry Tencer, former Petaluma City Council Member. ATTEST: Claire Cooper, City Clerk David Glass, Mayor