HomeMy WebLinkAboutStaff Report 1.A 01/23/2012MOO MrAr Op
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
I Draft City Council/PCDC Minutes
2 Monday, December 19, 2011
3 Regular Meeting
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7 MONDAY, DECEMBER 19, 2011
8 CLOSED SESSION — 5:30 P.M.
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10 CALL TO ORDER - CLOSED SESSION
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12 A. Roll Call
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14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy;
15 Gabe Kearney; Tiffany Ren6e
16 Absent: Mike Harris
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18 CLOSED SESSION
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20 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Title: City Manager.
21 e PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Title: City Attorney.
22 e CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
23 Agency Designated Representatives: John Brown, Scott Brodhun, and Pamala Stephens. Employee
24 Organizations: AFSCME Unit I - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical/Technical, Petaluma
25 Professional & Mid -Manager Association Unit 4 - Professional, Unit 9 - Mid -Managers, and Unit 11 -
26 Confidential, Peace Officers' Association of Petaluma Unit 6 - Police, International Association of
27 Firefighters Local, 1415 Unit 7 - Fire and Petaluma Public Safety Mid -Management Association Unit 10 -
28 Public Safety Mid -Managers.
29 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
30 Code Section 54956.9: Baywood, LLC, vs. City of Petaluma, et a/., Sonoma County Superior Court No.
31 SCV 243426.
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33 PUBLIC COMMENT ON CLOSED SESSION ITEMS
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35 None.
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37 ADJOURN TO CLOSED SESSION
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Vol. 46, Page 260
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December 19, 201 1
MONDAY, DECEMBER 19. 2011
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy;
Gabe Kearney; Tiffany Ren6e
Absent: Mike Harris
B. Pledge of Allegiance
John Cheney, Petaluma
C. Moment of Silence
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Item 5.A was moved to follow the CONSENT CALENDAR; Item 4.A was moved below Item 41.11 and
Item 4.C.
PRESENTATION
• Sonoma County Community Choice Aggregation (CCA) Feasibility Study. (Cordell Stillman,
Sonoma County Water Agency (SCWA))
Mayor Glass
Mr. Stillman
Mayor Glass
Mr. Stillman
Council Member Ren6e
Vice Mayor Healy
riTATA F 911 =t- i
Vice Mayor Healy
Mayor Glass
Vice Mayor Healy
Mayor Glass
Vice Mayor Healy
Mr. Stillman
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December 19, 201 1
Vice Mayor Healy
Mayor Glass
Council Member Ren6e
Mayor Glass
Council Member Kearney
Mr. Stillman
Mayor Glass
Mr. Stillman
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
GENERAL PUBLIC COMMENT
Vol. 46, Page 261
John Cheney, Petaluma, updated the Council on Occupy Petaluma's activity and thanked the
Council for their support.
Katherine Bobrowski, Petaluma, spoke regarding problems at the mobile home park where she
lives.
COUNCIL COMMENT
Council Member Albertson
Council Member Barrett
Mayor Glass
Vice Mayor Healy
Mayor Glass
Council Member Ren6e
Council Member Kearney
Mayor Glass
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday,
December 5, 2011.
Vol. 46, Page 262
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December 19, 201 1
Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday,
December 5, 2011, as presented.
Moved by Teresa Barrett, seconded by Tiffany Ren6e.
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No:
None
Abstain:
None
Absent:
Mike Harris
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, January 9, 2012.
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, January 9, 2012, as amended to add Confirmation of 2012 Council
Liaison Appointments; and to add an item for discussion and possible adoption of
a Resolution Opposing Corporate Personhood and Calling for a Constitutional
Amendment to Abolish Corporate Personhood.
Moved by Teresa Barrett, seconded by Tiffany Ren6e.
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No:
None
Abstain:
None
Absent:
Mike Harris
Mayor Glass
Council Member Barrett
Mayor Glass
3. CONSENT CALENDAR
A. Resolution 2011-167 N.C.S. Approving the Fourth Amendment to Lease
Agreement between the City of Petaluma and Rooster Run Golf Club, LLC.
(Brown)
B. Adoption (Second Reading) of Ordinance 2422 N.C.S. Amending Chapters 4, 7, 8,
and 24 of the City of Petaluma Implementing Zoning Ordinance to Promote
Economic Development. (Brown/Duiven) - Removed for discussion.
C. Resolution 2011-168 N.C.S. Accepting Completion of the Construction Contract
for the Lynch Creek Trail Project. (Zimmer/Nguyen)
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December 19, 201 1
Vol. 46, Page 263
D. Resolution 2011-169 N.C.S. Accepting the PCDC Comprehensive Annual Financial
Report. (Mushallo)
E. Possible Letter from Mayor to State Attorney General Regarding Enforcement of
Laws Against Fraudulent Foreclosure Processes. (Brown) - Removed for discussion
and public comment.
Mayor Glass removed Item 3.13 for discussion and Item 3.E for discussion and public
comment.
Motion: Approve CONSENT CALENDAR Items 3A 3.C, and 3.D.
Moved by Mike Healy, seconded by Teresa Barrett.
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No:
None
Abstain:
None
Absent:
Mike Harris
Mayor Glass
Motion: Approve B. Adoption (Second Reading) of Ordinance 2422 N.C.S. Amending
Chapters 4, 7, 8, and 24 of the City of Petaluma Implementing Zoning Ordinance to
Promote Economic Development.
Moved by Mike Healy, seconded by Tiffany Ren6e.
Vote: Motion carried 5-1.
Yes: Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Tiffany Ren6e
No: Teresa Barrett
Abstain: None
Absent: Mike Harris
71119-Ti7i MT-ToW•-To I 117-77 j"M 4 4
Eva Cooper, Petaluma, spoke in support of the foreclosure letter.
Jude Mion, Petaluma, spoke in support of the eviction letter and the holiday moratorium
on foreclosure evictions.
Amy Hanks, Occupy Petaluma, spoke about foreclosure evictions and supported the
letter against fraudulent foreclosure processes. She recommended the letter also be
distributed to the Sonoma County Board of Supervisors and the Mayors and City
Councils in the County.
Mayor Glass
Vol. 46, Page 264
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Council Member Albertson
Vice Mayor Healy
Mayor Glass
Vice Mayor Healy
Council Member Barrett
Council Member Renee
Vice Mayor Healy
Council Member Renee
Mayor Glass
Vice Mayor Healy
Council Member Renee
December 19, 201 1
Motion: Approve E. Letter from Mayor to State Attorney General Regarding Enforcement
of Laws Against Fraudulent Foreclosure Processes, with minor text amendments.
Moved by David Glass, seconded by Teresa Barrett.
City Attorney Danly
Council Member Barrett
City Attorney Danly
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Renee
No:
None
Abstain:
None
Absent:
Mike Harris
Item 5.A was heard next:
5. NEW BUSINESS
A. Resolution 2011-170 N.C.S. Authorizing the City Manager to Execute Loan
Documents with Pacific Gas and Electric for the On -Bill Financing Loan
Agreement Program for Energy Efficiency Improvements at the Swim Center,
Cavanagh Recreation Center, Soup Kitchen, Airport, Senior Center, Animal
Shelter, Corporation Yard, and Fire Stations 1, 2, & 3. (Ramirez)
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December 19, 201 1
Mayor Glass
Vice Mayor Healy
Mayor Glass
Council Member Renee
Diane Ramirez, Capital Projects Project Manager
Council Member Renee
Ms. Ramirez
Council Member Renee
Mayor Glass
Larry Zimmer, Capital Improvements Engineering Manager
Mayor Glass
Vice Mayor Healy
Vol. 46, Page 265
Motion: Approve A. Resolution 2011-170 N.C.S. Authorizing the City Manager to
Execute Loan Documents with Pacific Gas and Electric for the On -Bill Financing
Loan Agreement Program for Energy Efficiency Improvements at the Swim Center,
Cavanagh Recreation Center, Soup Kitchen, Airport, Senior Center, Animal
Shelter, Corporation Yard, and Fire Stations 1, 2, & 3.
Moved by Mike Healy, seconded by Gabe Kearney.
Council Member Barrett
Mr. Zimmer
Council Member Renee
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No:
None
Abstain:
None
Absent:
Mike Harris
Item 4.13 was heard next:
4. UNFINISHED BUSINESS
B. Discussion Regarding the Existing Cost Recovery System for Development
Projects. (Brown)
Vol. 46, Page 266
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December 19, 201 1
City Manager Brown
Mayor Glass
Council Member Albertson
Mayor Glass
Council Member Barrett
Council Member Renee
Vice Mayor Healy
Mayor Glass
City Attorney Danly
City Manager Brown
Mayor Glass
City Manager Brown
Item 4.0 was heard next:
C. Discussion and Possible Action Regarding Updates to the City's Development
Related Fees. (Brown/Duiven)
Scott Duiven, Senior Planner
Mayor Glass opened Public Comment on Item 4.C.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.C.
Mayor Glass
Council Member Barrett
Mr. Duiven
Council Member Barrett
City Manager Brown
Mayor Glass
City Manager Brown
City Attorney Danly
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December 19, 201 1
Mayor Glass
City Attorney Danly
Council Member Barrett
City Attorney Danly
Council Member Barrett
City Attorney Danly
Mayor Glass
Vice Mayor Healy
Mr. Duiven
Vice Mayor Healy
Mr. Duiven
Vice Mayor Healy
Council Member Renee
Council Member Barrett
Mayor Glass
Vice Mayor Healy
Vol. 46, Page 267
Motion: Direct staff to prepare updated development and capacity fee study
reports as a basis for restructuring and reducing development related fees.
Moved by Mike Healy, seconded by Gabe Kearney.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No: None
Abstain: None
Absent: Mike Harris
Item 4.A was heard next:
A. Discussion and Possible Direction on Maintaining Current Medical Marijuana Dispensary
Moratorium. (Fish)
Police Chief Dan Fish
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Public Comment on Item 4.A
December 19, 201 1
Craig Litwin, Sebastopol, spoke in support of medical marijuana dispensaries.
Chet Jenkins, Santa Rosa, medical cannabis patient, representing Americans for Safe
Access, spoke in support of medical marijuana dispensaries.
Mayor Glass
Mr. Jenkins
Mayor Glass
Council Member Renee
Council Member Kearney
Chief Fish
Council Member Kearney
City Attorney Danly
Council Member Kearney
City Attorney Danly
Council Member Kearney
Chief Fish
Vice Mayor Healy
Chief Fish
Vice Mayor Healy
Council Member Albertson
Mayor Glass
Chief Fish
Council Member Barrett
Council Member Renee
City Attorney Danly
Chief Fish
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6.
December 19, 201 1
Vol. 46, Page 269
City Attorney Danly
Mayor Glass
Vice Mayor Healy
Mayor Glass
Council Member Kearney
Mayor Glass
There was Council consensus that the ban on medical marijuana dispensaries should
remain in place. No other direction was given.
PUBLIC HEARING
A. Public Hearing on the Environmental Review for the Existing Conditionally
Approved Railroad Crossing on Caulfield Lane and Resolution 2011-172 N.C.S.
Adopting a Mitigated Negative Declaration and Mitigation Monitoring Reporting
Program and Authorizing the City Manager to File an Application with the
California Public Utilities Commission for the Re -Authorization of the Caulfield
Lane Railroad Crossing Project Located at Caulfield Lane. (Bradley)
Geoff Bradley, Planning Manager
Mayor Glass opened the PUBLIC HEARING.
There being no persons wishing to speak, Mayor Glass closed the PUBLIC
HEARING.
Council Member Barrett
City Attorney Danly
Council Member Barrett
City Attorney Danly
Council Member Barrett
City Attorney Danly
Mr. Bradley
Council Member Barrett
Mr. Bradley
Council Member Barrett
Mr. Bradley
Vol. 46, Page 270 December 19, 201 1
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Vice Mayor Healy
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Mr. Bradley
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Mr. Bradley
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Council Member Barrett
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City Attorney Danly
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Vice Mayor Healy
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Council Member Barrett
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Leslie Thomsen, Assistant City Attorney
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Council Member Barrett
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Assistant City Attorney Thomsen
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Council Member Barrett
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Curt Bates, City Engineer
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Council Member Barrett
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Mr. Bates
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Council Member Barrett
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Mr. Bates
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City Attorney Danly
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Mr. Bates
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Assistant City Attorney Thomsen
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Mayor Glass
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Mr. Bates
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Mayor Glass
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December 19, 201 1
Vice Mayor Healy
Mr. Bates
Mayor Glass
City Attorney Danly
Vice Mayor Healy
Council Member Renee
Mr. Bates
Vice Mayor Healy
Mayor Glass
Assistant City Attorney Thomsen
Council Member Renee
Pat Collins, Winzler and Kelly, Consulting Engineers
Council Member Renee
Mayor Glass
City Attorney Danly
Mr. Bates
City Attorney Danly
Vol. 46, Page 271
Motion: Approve A. Resolution 2011-172 N.C.S. Adopting a Mitigated Negative
Declaration and Mitigation Monitoring Reporting Program and Authorizing the
City Manager to File an Application with the California Public Utilities Commission
for the Re -Authorization of the Caulfield Lane Railroad Crossing Project Located
at Caulfield Lane, with the addition of mitigation measure TR 1.
Moved by Mike Healy, seconded by David Glass.
Assistant City Attorney Thomsen
Vote: Motion carried 5-1
Yes: Chris Albertson; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No: Teresa Barrett
Abstain: None
Absent: Mike Harris
Vol. 46, Page 272
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ADJOURN
Motion: adjourn the meeting.
December 19, 201 1
Moved by Tiffany Ren6e, seconded by David Glass.
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Tiffany Ren6e
No:
None
Abstain:
None
Absent:
Mike Harris
The meeting was adjourned at 10:55 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor