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HomeMy WebLinkAboutCity Council/PCDC Minutes 07/18/2011 July 18, 2011 Vol. 46, Page 125 City of Petaluma, California MEETING OF THE CITY COUNCIL/ ,e; PETALUMA COMMUNITY DEVELOPMENT COMMISSION 185$ 1 City Council /PCDC Minutes 2 Monday, July 18, 2011 3 Regular Meeting 4 5 6 7 MONDAY, JULY 18, 2011 8 CLOSED SESSION - 6:00 P.M. 9 10 11 CALL TO ORDER - CLOSED SESSION 12 13 A. Roll CaII 14 15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris 16 Gabe Kearney; Tiffany Renee 17 Absent: Mike Healy 18 19 CLOSED SESSION 20 21 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency 22 Designated Representatives: John Brown and Pamala Stephens. Employee Organizations: AFSCME Unit 23 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical /Technical, Petaluma Professional & Mid - 24 Manager Association Unit 4 - Professional, Unit 9 - Mid - Managers, and Unit 11 - Confidential, Peace 25 Officers' Association of Petaluma Unit 6- Police, International Association of Firefighters Local, 1415 Unit 26 7 - Fire and Petaluma Public Safety Mid - Management Association Unit 10 - Public Safety Mid - 27 Managers. 28 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 29 pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. 30 • CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to California Government Code §54956.8: 31 Paula Lane Open Space Acquisition Project 32 Property: APN 019- 080 -009, 09- 080 -010, 431 Paula Lane 33 Agency Negotiators: Scott Brodhun, John Brown 34 Negotiating Parties: Dale H. Vesterfelt, Alice M. Vesterfelt, Trustees of the 2000 Vestefelt Family 35 Trust; Dianna Mae Corralejo, Trustee of the Dianna M. Corralejo Trust 36 Under Negotiation: Price and terms of payment 37 38 PUBLIC COMMENT ON CLOSED SESSION ITEMS 39 40 None. 41 42 Mayor Glass 43 44 City Attorney Danly 45 46 City Manager Brown Vol. 46, Page 126 July 18, 2011 1 2 ADJOURN TO CLOSED SESSION 3 4 5 6 MONDAY, JULY 18, 2011 7 EVENING SESSION - 7:00 P.M. 8 9 CALL TO ORDER - EVENING SESSION 10 11 A. Roll Call 12 13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris 14 Gabe Kearney; Tiffany Renee 15 Absent: Mike Healy 16 17 B. Pledge of Allegiance 18 19 City Manager Brown 20 21 C. Moment of Silence 22 23 AGENDA CHANGES AND DELETIONS - Changes to current agenda only. 24 25 None. 26 27 PRESENTATIONS 28 29 • Department of Water Resources & Conservation High Efficiency Washing Machine Giveaway 30 31 Dave Iribarne, Water Resources and Conservation Department, announced that _ was 32 the winner of the washing machine. 33 34 • Sonoma County /City Solid Waste Advisory Group (SWAG) Update 35 36 Phil Demery, Sonoma County Director of Transportation and Public Works 37 38 Council Member Renee 39 40 Mayor Glass 41 42 Mr. Demery 43 44 Mayor Glass 45 46 Council Member Barrett 47 48 Mr. Demery 49 50 Council Member Barrett 51 52 Mr. Demery July 18, 201 1 Vol. 46, Page 127 1 2 Mayor Glass 3 4 Public Comment on Presentation 5 6 Zen Destiny, Petaluma, suggested that those giving presentations e -mail them ahead of time 7 so that they don't need to be read to Council at the meeting. 8 9 PUBLIC COMMENT 10 11 Israel Escudero, Petaluma Latinos Active in Civic Engagement (PLACE), Petaluma, said he was 12 speaking tonight on behalf of a family with a language barrier to express their concerns about 13 the conditions of the apartment complex, Greenbriar Apartments, where they live. He 14 enumerated such conditions, and said that any that is being fixed, is being fixed by the tenants 15 themselves, as they cannot live in such conditions. 16 17 Marjorie Helm, Petaluma Latinos Active in Civic Engagement (PLACE), Petaluma, regarding living 18 conditions in Greenbriar Apartments. Petaluma Health Center told her they have been seeing 19 patients impacted by conditions at Greenbriar. One child had increasingly severe asthma. It 20 took 8 years for the family to be assigned to another apartment. 21 22 Mayor Glass 23 24 City Manager Brown 25 26 Bonne Gaebler, Housing Administrator 27 28 Mayor Glass 29 30 Richard Brawn, Petaluma, read from the article in the Argus- Courier regarding layoffs, and asked 31 what was meant by a "pending balanced budget." 32 33 Peter Tscherneff, Sonoma County at Large, spoke about soccer, politics, and Bohemian Grove. 34 35 Doug Millar, Petaluma, spoke about a protest at Bohemian Grove. 36 37 Mayor Glass 38 39 City Attorney Danly 40 41 Dan McMillan, Petaluma, commended Council for rejecting the non- profit proposal for the 42 Animal Shelter. 43 44 Zen Destiny, Petaluma, told Council, "These meetings don't go on till 11:00 p.m. because of 45 Public Comment, they go on because you all talk too much." 46 47 John Hanania, Petaluma, spoke against the elimination of two Captain positions in the Police 48 Department. 49 50 COUNCIL COMMENT 51 52 Council Member Renee Vol. 46, Page 128 July 18, 2011 1 2 Council Member Kearney 3 4 Council Member Barrett 5 6 Council Member Albertson 7 8 Mayor Glass 9 10 CITY MANAGER COMMENT 11 12 None. 13 14 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 15 16 None. 17 18 1. APPROVAL OF PROPOSED AGENDA 19 20 A. Approval of Proposed Agenda for Regular City Council /PCDC Meeting 21 of Monday, August 1, 2011. 22 23 Council Member Kearney 24 25 Motion: Approve 1.A. Approval of Proposed Agenda for Regular City 26 Council /PCDC Meeting of Monday, August 1, 2011, as amended to include the 27 Sonoma County/City Solid Waste Advisory Group (SWAG) recommendations. 28 29 Moved by Gabe Kearney, .seconded by Teresa Barrett. 30 31 Vote: Motion carried 6 -0. 32 33 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 34 Gabe Kearney; Tiffany Renee 35 No: None 36 Abstain: None 37 Absent: Mike Healy 38 39 2. CONSENT CALENDAR 40 41 A. Resolution 2011 -110 N.C.S. Accepting Completion of the East Washington Street 42 Reconstruction Project. (Brodhun/ Bates) 43 44 B. Resolution 2011 -111 N.C.S. Authorizing the Submittal of an Application to the 45 California Department of Housing and Community Development for Funding 46 Under the HOME Investment Partnerships Program; and, If Selected, the Execution 47 of a Standard Agreement, Any Amendments Thereto; and of Any Related 48 Documents Necessary to Participate in the HOME Investment Program. 49 (Brown /Gaebler) 50 July 18, 201 1 Vol. 46, Page 129 1 C. Resolution 2011 -112 N.C.S. Approving the Purchase of Badger Water Meters and 2 Registers for the Automatic Meter Read Replacement Project (C67500903). - 3 Pulled for Public Comment. 4 5 Council Member Harris 6 7 Motion: Approve CONSENT CALENDAR Item 2.A and Item 2.B. 8 9 Moved by Teresa Barrett, seconded by Tiffany Renee. 10 11 Vote: Motion carried 6 -0. 12 13 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 14 Gabe Kearney; Tiffany Renee 15 No: None 16 Abstain: None 17 Absent: Mike Healy 18 19 Council Member Harris 20 21 City Manager Brown 22 23 Mayor Glass 24 25 Remleh Scherzinger, Water Resources and Conservation Engineering Manager 26 27 Motion: Approve 2. C. Resolution 2011 -112 N.C.S. Approving the Purchase of Badger 28 Water Meters and Registers for the Automatic Meter Read Replacement Project 29 (C67500903). - Direction to staff that units are to be manufactured in the United States. 30 31 Moved by Teresa Barrett, seconded by Tiffany Renee. 32 33 Council Member Albertson 34 35 City Manager Brown 36 37 Mayor Glass 38 39 Council Member Albertson 40 41 City Manager Brown 42 43 Council Members Barrett and Renee withdrew their motion and second. 44 45 Motion: Approve 2. C. Resolution 2011 -112 N.C.S. Approving the Purchase of Badger 46 Water Meters and Registers for the Automatic Meter Read Replacement Project 47 (C67500903),, as amended to change the purchase price from $299,262.95 to 48 $326,195.85. - Direction to staff that units are to be manufactured in the United States. 49 50 Moved by Teresa Barrett, seconded by Tiffany Renee. 51 52 Vote: Motion carried 6 -0. Vol. 46, Page 130 July 18, 2011 • 1 2 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 3 Gabe Kearney; Tiffany Renee 4 No: None 5 Abstain: None 6 Absent: Mike Healy 7 8 3. UNFINISHED BUSINESS 9 10 A. Resolution 2011 -113A N.C.S. and Resolution 2011 -113B N.C.S. Additional 11 Appointments to City Boards, Commissions, and Committees. (Cooper) 12 13 Public Comment on Item 3.A 14 15 Zen Destiny, Petaluma, said, "You'd think with half the town coming down here 16 trying to tell you how to do your business, we wouldn't have problems trying to 17 find people to sit on these committees." 18 19 Council Member Kearney 20 21 Mayor Glass 22 23 Motion: Approve 3.A. Resolution 2011 -113A N.C.S. Appointing Individuals to City 24 Boards, Commissions, and Committees as follows: Name.... Appotnfed To �� . A) . Term.Ending Historic /Cultural Preservation Committee Kosewic, Terry (Representative from Heritage Homes of June 30, 2012 PetalumaL Historic /Cultural Preservation Committee Hurley, Marianne (Representative from Petaluma Museum June 30, 2012 Association) Johnson, Ray Senior Advisory Committee June 30, 2013 Steinhorst, Roger Senior Advisory Committee June 30, 2013 Norman, Tammara Tree Committee June 30, 2013 Rousseau, George Tree Committee June 30, 2013 YTouth Commission New Youth Commission s: (8m Grade Age20.)� $Marn School e „. j =. „ ' Termv pirest Page, Kasey Petaluma High School 6/30/12 Paretti, Kailyn Petaluma High School 6/30/12 Youth Commission NewAdult Commissioners r �u 14., N, ?,a06 0.0 - ame :4� .:. �" TermMExpires' Bunker, Wyatt _ 6/30/13 Gen, Laine Price 6/30/13 Pocekay, Dennis 6/30/13 25 26 Moved by David Glass, seconded by Tiffany Renee. 27 28 Vote: Motion carried 6 -0. 29 July 18, 2011 Vol. 46, Page 131 1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 2 Gabe Kearney; Tiffany Renee 3 No: None 4 Abstain: None 5 Absent: Mike Healy 6 7 Alia Headley, Petaluma, applicant for ASAC, spoke in support of her application. 8 9 City Clerk Cooper collected the ballots for Animal Services Advisory Committee 10 (ASAC) and read the results as follows: 11 Council Member Albertson: James Michael Donovan, Alia Headley 12 Council Member Barrett: James Michael Donovan, Alia Headley 13 Mayor Glass: Alia Headley, Ronald Nadeau 14 Council Member Harris: Alia Headley, Barbara Lapidus 15 Vice Mayor Healy: absent 16 Council Member Kearney: Alia Headley, Barbara Lapidus 17 Council Member Renee: James Michael Donovan, Alia Headley 18 19 City Attorney Danly tallied the results and announced that Alia Headley and 20 James Michael Donovan were the highest vote getters. 21 22 Mayor Glass 23 24 Council Member Renee 25 26 Motion: Approve 3.A. Resolution 2011 -113B N.C.S. Appointing James (Michael) 27 Donovan and Alia Headley to the Animal Services Advisory Committee to serve 28 three -year terms expiring June 30, 2014. 29 30 Moved by Tiffany Renee, seconded by Teresa Barrett. 31 32 Vote: Motion carried 6 -0. 33 34 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 35 Gabe Kearney; Tiffany Renee 36 No: None 37 Abstain: None 38 Absent: Mike Healy 39 40 City Clerk Cooper collected the ballots for the Technology Advisory Committee 41 and read the results as follows: 42 Council Member Albertson: Joseph Grant 43 • Council Member Barrett: Thomas Harrigan 44 Mayor Glass: Thomas Harrigan 45 Council Member Harris: Thomas Harrigan 46 Vice Mayor Healy: absent 47 Council Member Kearney: Bruce Gould 48 Council Member Renee: Thomas Harrigan 49 50 City Attorney Danly tallied the votes and announced that Thomas Harrigan was 51 the highest vote getter. 52 Vol. 46, Page 132 July 18, 2011 1 Motion: Approve 3.A. Resolution 2011 -113B N.C.S. Appointing Thomas Harrigan to 2 the Technology Advisory Committee to complete a two -year term expiring June 3 30, 2012. 4 5 Moved by Gabe Kearney, seconded by David Glass. 6 Vote: Motion carried 6 -0. 7 8 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 9 Gabe Kearney; Tiffany Renee 10 No: None 11 Abstain: None 12 Absent: Mike Healy 13 14 4. PUBLIC HEARINGS 15 16 A. Resolution 2011 -114 N.C.S. Ordering Abatement of Nuisances Consisting of Weeds 17 Growing Upon Public and Private Property in the City of Petaluma and Ordering 18 the Fire Department to Abate said Weeds by Contract if Property Owners Fail To 19 Do So. (Anderson /Fergus) 20 21 Fire Marshal Cary Fergus 22 23 Mayor Glass 24 25 Fire Marshal Fergus 26 27 Motion: Approve 4.A. Resolution 2011 -114 N.C.S. Ordering Abatement of 28 Nuisances Consisting of Weeds Growing Upon Public and Private Property in the 29 City of Petaluma and Ordering the Fire Department to Abate said Weeds by 30 Contract if Property Owners Fail To Do So. 31 32 Moved by Chris Albertson, seconded by Gabe Kearney. 33 34 Vote: Motion carried 6 -0. 35 36 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 37 Gabe Kearney; Tiffany Renee 38 No: None 39 Abstain: None 40 Absent: Mike Healy 41 42 B. Resolution 2011 -115 N.C.S. Denying the Appeal by Gail Odom and Upholding the 43 Planning Commission's Approval of Modifications to the Previously Approved 44 Conditional Use Permit for Cowgirl Creamery Located at 419 First Street, APN 008- 45 121 -014, File No. 1 1 - APL -0167. (Bradley /Subhashini) 46 47 Council Member Renee recused herself for Item 4.B and left the dais. 48 49 Vice Mayor Healy joined the meeting via teleconference from National Harbor, 50 Maryland. 51 52 Mayor Glass July 18, 201 1 Vol. 46, Page 133 1 2 Roll Call 3 4 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy 5 Gabe Kearney 6 Absent: Tiffany Renee 7 8 City Attorney Danly 9 10 Mayor Glass 11 12 Marlene Subhashini, Associate Planner, Metropolitan Planning Group (M Group) 13 14 Mayor Glass 15 16 Public Comment on Item 4.B 17 18 Gail Odom, Petaluma, spoke in support of the appeal. 19 20 City Attorney Danly 21 22 Mayor Glass 23 24 Sue Connelly, Co- Owner, Cowgirl Creamery, spoke against the appeal. 25 26 Anne Hiatt, Petaluma, spoke in support of the appeal. 27 28 Kevin Cotter, Petaluma, spoke against the appeal. 29 30 Patrick Burns, Petaluma, read a letter from his neighbor 31 32 Don Baumhefner, Petaluma, spoke against the appeal. 33 34 Kay Baumhefner, Petaluma, spoke against the appeal. 35 36 Jeff Taylor, Petaluma, spoke against the appeal. 37 38 Karen Nau, Petaluma, spoke against the appeal. 39 40 Eric Patterson, Cowgirl Creamery, spoke against the appeal. 41 42 Steve Trenham, Petaluma, spoke in support of the appeal. 43 • 44 Susan Johnson, Petaluma, spoke against the appeal. 45 46 Zen Destiny, Petaluma, spoke against the appeal. 47 48 Paul Lewis, Rivertown Feed, Petaluma, spoke against the appeal. 49 50 Nan Haynes, Cowgirl Creamery, spoke against the appeal. 51 52 Bill Wolpert, Petaluma, spoke against the appeal. Vol. 46, Page 134 July 18, 2011 1 2 Megan Donner, Teacher, Culinary Arts, Casa Grande High School, spoke against 3 the appeal. 4 5 Sean Walling, Petaluma, spoke against the appeal. 6 7 Mayor Glass 8 9 Scott Egide, Petaluma, spoke against the appeal. 10 11 Walt Haake, Foundry Wharf, Petaluma, spoke against the appeal. 12 13 Mayor Glass 14 15 Mr. Haake 16 17 Mayor Glass 18 19 City Attorney Danly 20 21 Mayor Glass 22 23 City Attorney Danly 24 25 Mayor Glass 26 27 Peg Smith, Co- Owner, Cowgirl Creamery, spoke against the appeal. 28 29 Spence Hyatt, Petaluma, spoke in support of the appeal. 30 31. Council Member Albertson 32 33 Heather Hines, Deputy Planning Manager 34 35 Council Member Albertson 36 37 Ms. Hines 38 39 Council Member Albertson 40 41 Ms. Hines 42 43 Council Member Albertson 44 45 The teleconterence connection with Vice Mayor Healy was lost and could not be 46 reestablished. 47 48 Ms. Hines 49 50 Council Member Albertson 51 52 Ms. Hines July 18, 2011 Vol. 46, Page 135 1 2 Mayor Glass 3 4 Ms. Hines 5 6 Mayor Glass 7 8 City Attorney Danly 9 10 Ms. Hines 11 12 City Attorney Danly 13 14 Ms. Hines 15 16 Council Member Harris 17 18 City Attorney Danly 19 20 Council Member Harris 21 22 City Attorney Danly 23 24 Ms. Hines 25 26 Council Member Harris 27 28 City Attorney Danly 29 30 Ms. Hines 31 32 Council Member Harris 33 34 City Attorney Danly 35 36 Council Member Kearney 37 38 City Attorney Danly 39 40 Mayor Glass 41 42 City Attorney Danly 43 44 Motion: Approve 4.B. Resolution 2011 -115 N.C.S. Denying the Appeal by Gail 45 Odom and Upholding the Planning Commission's Approval of Modifications to 46 the Previously Approved Conditional Use Permit for Cowgirl Creamery Located at 47 419 First Street, APN 008 - 121 -014, File No. 11- APL -0167. 48 49 Moved by Teresa Barrett, seconded by Gabe Kearney. 50 51 Vote: Motion carried 5 -0. 52 Vol. 46, Page 136 July 18, 2011 1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 2 Gabe Kearney 3 No: None 4 Abstain: Tiffany Renee 5 Absent: Mike Healy 6 7 ADJOURN 8 9 Motion: Adjourn the meeting. 10 11 Moved by Gabe Kearney, seconded by Teresa Barrett. 12 13 Vote: Motion carried 5 -0. 14 15 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Gabe Kearney 16 No: None 17 Abstain: None 18 Absent: Mike Healy; Tiffany Renee 19 20 The meeting was adjourned at 10:59 p.m. 21 22 23 -c 24 25 26 €11 . — ,I i .. 27 David Glass, Mayor • 28 29 ATTEST: 30 31 u 32 33 34 Claire Cooper, CMC, City Clerk 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52