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HomeMy WebLinkAboutCity Council/PCDC Minutes 12/05/2011 December 5, 2011 Vol. 46, Page 243 aa City of Petaluma, California q MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION 1858 1 City Council/PCDC Minutes 2 Monday, December 5, 2011 3 Regular Meeting 4 5 6 MONDAY, DECEMBER 5, 2011 7 CLOSED SESSION -5:30 P.M. 8 9 CALL TO ORDER - CLOSED SESSION 10 11 A. Roll Call 12 13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 14 Gabe Kearney; Tiffany Renee 15 Absent: None 16 17 CLOSED SESSION 18 19 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION:Title: City Manager. 20 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION:Subdivision (a) of California Government 21 Code Section 54956.9: City of Petaluma, et al., v. County of Sonoma, et al., Sonoma County Superior 22 Court No. SCV 248948. 23 24 PUBLIC COMMENT ON CLOSED SESSION ITEMS 25 26 None. 27 28 ADJOURN TO CLOSED SESSION 29 30 31 MONDAY, DECEMBER 5, 2011 32 EVENING SESSION -7:00 P.M. 33 34 CALL TO ORDER - EVENING SESSION 35 36 A. Roll Call 37 38 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 39 Gabe Kearney; Tiffany Renee 40 Absent: None 41 42 B. Pledge of Allegiance 43 44 John Cheney, Petaluma 45 Vol. 46, Page 244 December 5, 2011 1 C. Moment of Silence 2 3 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) 4 5 None. 6 7 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 8 9 None. 10 11 GENERAL PUBLIC COMMENT 12 13 Tim Lorenz, Jude Mion, and Michael Giotis, Occupy Petaluma, spoke.about their 14 accomplishments to date. Tim Lorenz read the first page of their letter. 15 16 Jude Mion read the second page of the letter. 17 18 Michael Giotis read the third page of the letter. 19 20 Peter Tscherneff, Petaluma, spoke about home foreclosure evictions, the Catholic Church, and 21 Occupy Petaluma. 22 23 John Cheney, Petaluma, spoke about the good that has been done by Occupy Petaluma and 24 asked people to join them on corners in Petaluma between noon and 1:00 p.m. 25 26 John Bertucci, Petaluma, thanked Council for their support of Occupy Petaluma and their 27 understanding comments at the last Council Meeting. He also thanked staff for their assistance 28 with Occupy Petaluma's presence in Penry Park. 29 30 Ed Maas; Petaluma, said he appreciates Occupy Petaluma and what they have done. He 31 thanked the citizens of Petaluma who have signed the petitions he has circulated in the City. 32 33 Katherine Bobrowski, Petaluma, told Council that the mobile home park where she lives has no 34 responsible on-site manager, has gang problems, and fire and health code violations. 35 36 COUNCIL COMMENT 37 38 Council Member Kearney 39 40 Council Member Harris 41 42 Council Member Renee 43 44 Vice Mayor Healy 45 46 Council Member Albertson 47 48 Mayor Glass 49 50 CITY MANAGER COMMENT 51 52 City Manager Brown December 5, 2011 Vol. 46, Page 245 1 2 Lieutenant Tim Lyons, Petaluma Police Department 3 4 Mayor Glass 5 6 1. APPROVAL OF MINUTES 7 8 A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, 9 November 21, 2011. 10 11 Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday, 12 November 21, 2011, as presented. 13 14 Moved by Mike Healy, seconded by Gabe Kearney. 15 16 Vote: Motion carried 6-0. 17 18 Yes: Chris Albertson; David Glass; Mike Harris; 19 Mike Healy; Gabe Kearney; Tiffany Renee 20 No: None 21 Abstain: Teresa Barrett 22 Absent: None 23 24 2. APPROVAL OF PROPOSED AGENDA 25 26 A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of 27 Monday, December 19, 2011. 28 29 Vice Mayor Healy 30 31 City Manager Brown 32 33 Council Member Renee 34 35 City Manager Brown 36 37 Council Member Renee 38 39 Mayor Glass 40 41 Council Member Renee 42 43 Mayor Glass 44 45 Council Member Renee 46 47 City Attorney Danly 48 49 Mayor Glass 50 51 Motion: Approve Proposed Agenda for Regular City Council/PCDC Meeting of 52 Monday, December 19, 2011, as amended to add the words "and possible Vol. 46, Page 246 December 5, 2011 1 action to the agenda title of the development impact fee modification item;and 2 to add an item for a resolution approving a letter to the California State Attorney 3 General urging her to enforce laws against fraudulent foreclosure processes. 4 5 Moved by Teresa Barrett, seconded by Gabe Kearney. • 6 7 Vote: Motion carried 7.0. 8 9 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 10 Mike Healy; Gabe Kearney; Tiffany Renee 11 No: None 12 Abstain: None 13 Absent: None 14 15 3. CONSENT CALENDAR 16 17 A. Resolution 2011-162 N.C.S. Approving Claims and Bills for October 2011. 18 (Mushallo) 19 20 B. Resolution 2011-163 N.C.S. Accepting the Cycle 3 Safe Routes to School Program 21 Grant for the Safe Routes to School Plan 2011 Project, Approving the Proposed 22 Project Budget, and Authorizing City Manager to Sign the Grant-Related 23 Documents. (Zimmer) 24 25 Council Member Albertson 26 27 Motion: Approve A. Resolution 2011-162 N.C.S. Approving Claims and Bills for 28 October 2011; and, B. Resolution 2011-163 N.C.S. Accepting the Cycle 3 Safe 29 Routes to School Program Grant for the Safe Routes to School Plan 2011 Project, 30 Approving the Proposed Project Budget, and Authorizing City Manager to Sign 31 the Grant-Related Documents. 32 33 Moved by Chris Albertson, seconded by Gabe Kearney. 34 35 Vote: Motion carried 7-0. 36 37 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 38 Mike Healy;,Gabe Kearney; Tiffany Renee 39 No: None 40 Abstain: None 41 Absent: None 42 43 4. NEW BUSINESS 44 45 A. Resolution 2011-164 N.C.S. Authorizing the Purchase of Two Replacement 46 Paratransit Vans for Petaluma Paratransit. (Rye) 47 48 Joe Rye, Transit Manager 49 50 Council Member Albertson 51 52 Mr. Rye December 5, 2011 Vol. 46, Page 247 • 1 2 Council Member Albertson 3 4 Mr. Rye 5 6 Council Member Renee 7 8 Mr. Rye 9 10 Council Member Renee 11 12 Council Member Kearney 13 14 Motion: Approve A. Resolution 2011-164 N.C.S. Authorizing the Purchase of Two 15 Replacement Paratransit Vans for Petaluma Paratransit. 16 17 Moved by David Glass, seconded by Mike Healy. 18 19 Vote: Motion carried 7-0. 20 21 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 22 Mike Healy; Gabe Kearney; Tiffany Renee 23 No: None 24 Abstain: None 25 Absent: None 26 27 5. PUBLIC HEARINGS 28 29 A. Resolution 2011-165 N.C.S. Adopting a New Rate Schedule for Water Service 30 Superseding Resolution No. 2007-022 N.C.S., and, Resolution 2011-166 N.C.S. 31 Adopting a New Rate Schedule for Wastewater Service Superseding Resolution 32 No. 2007-023 N.C.S. (Scherzinger) 33 34 Rem Scherzinger, Interim Director, Water Resources and Conservation Department 35 36 Bob Reed, The Reed Group, Sacramento 37 38 Mayor Glass 39 40 Mr. Reed 41 42 Mayor Glass 43 44 Mr. Reed 45 46 Mayor Glass 47 48 Mr. Reed 49 50 Council Member Albertson 51 52 Mr. Reed Vol. 46, Page 248 December 5, 2011 1 2 Council Member Albertson 3 4 Mr. Reed 5 6 City Attorney Danly 7 8 Mayor Glass 9 10 Council Member Renee 11 12 City Attorney Danly 13 14 Council Member Renee 15 16 Mr. Scherzinger 17 18 Council Member Albertson 19 20 Mr. Scherzinger 21 22 Council Member Kearney 23 24 Mr. Reed 25 26 Council Member Kearney 27 28 Mr. Reed 29 30 Council Member Kearney 31 32 Mr. Reed 33 34 Council Member Albertson 35 36 Pamela Tuft, Special Projects Manager, Water Resources and Conservation 37 38 Council Member Albertson 39 40 Ms. Tuft 41 42 Mr. Scherzinger 43 44 Council Member Albertson 45 46 Mr. Scherzinger 47 48 City Manager Brown 49 50 Council Member Albertson 51 52 Vice Mayor Healy December 5, 2011 Vol. 46, Page 249 1 2 Mayor Glass opened the PUBLIC HEARING. 3 4 Don Weisenfluh, Petaluma, asked the Council if the revenue from the water 5 treatment plant is co-mingled with general fund accounts, and complained that 6 residents are being asked to conserve as well as being charged higher rates. 7 8 Rick Brown, Petaluma, voiced his concern over the water rates and proposed 9 increase. He stated he thought the City should be looking at other options, such 10 as deferring capital improvement projects. 11 12 Paul-William Scoggins, Petaluma, stated that he saw the rates increasing on the 13 graphs and charts displayed, and suggested that the rate increase be tied 14 to debt service reductions. 15 16 Steve Block, Petaluma, spoke of his concerns on the cost per gallon of water. 17 18 Mayor Glass 19 20 Vice Mayor Healy 21 22 Mayor Glass 23 24 Council Member Barrett 25 26 Mayor Glass 27 28 Mr. Scherzinger 29 30 Mayor Glass 31 32 City Manager Brown 33 34 Mayor Glass 35 36 Mr. Reed 37 38 Mayor Glass 39 40 Mr. Reed 41 42. Mayor Glass 43 44 Vice Mayor Healy 45 46 Mr. Reed 47 • 48 Vice Mayor Healy 49 50 Mr. Reed 51 52 Mayor Glass Vol. 46, Page 250 December 5, 2011 1 2 Vice Mayor Healy 3 4 City Manager Brown 5 6 Vice Mayor Healy 7 8 Mr. Reed 9 10 Vice Mayor Healy 11 12 Mr. Reed 13 14 Mayor Glass 15 16 Vice Mayor Healy 17 18 Mayor Glass 19 20 Vice Mayor Healy 21 22 Mayor Glass 23 24 Vice Mayor Healy 25 26 Council Member Barrett 27 28 Council Member Albertson 29 30 Mr. Scherzinger 31 32 Council Member Albertson 33 34 Mr. Scherzinger 35 36 Mayor Glass 37 38 Mr. Scherzinger 39 40 Council Member Albertson 41 42 Mr. Scherzinger 43 44 Council Member Harris 45 46 Mr. Scherzinger 47 48 Council Member Harris 49 50 Mr. Scherzinger 51 52 Council Member Harris December 5, 2011 Vol. 46, Page 251 1 2 Council Member Kearney 3 4 City Manager Brown 5 6 Mayor Glass 7 8 Council Member Kearney 9 10 Mayor Glass 11 12 City Manager Brown 13 14 Vice Mayor Healy 15 • 16 Council Member Renee 17 18 Council Member Harris 19 20 Mayor Glass 21 22 Council Member Harris 23 24 Council Member Kearney 25 26 Mayor Glass 27 28 Council Member Albertson 29 30 City Manager Brown 31 32 Mayor Glass 33 34 City Attorney Danly 35 36 There being no other persons wishing to speak, Mayor Glass closed the PUBLIC 37 HEARING. 38 39 Motion: Approve A. Resolution 2011-165 N.C.S. Adopting a New Rate Schedule 40 for Water Service Superseding Resolution No. 2007-022 N.C.S., and, Resolution 41 2011-166 N.C.S. Adopting a New Rate Schedule for Wastewater Service 42 Superseding Resolution No. 2007-023 N.C.S. 43 44 Moved by David Glass, seconded by Teresa Barrett. 45 46 Vice Mayor Healy 47 48 City Manager Brown 49 50 Mayor Glass 51 52 Mr. Scherzinger Vol. 46, Page 252 December 5, 2011 1 2 Mayor Glass 3 4 Mr. Scherzinger 5 6 Vice Mayor Healy 7 8 Mr. Scherzinger 9 10 Vice Mayor Healy 11 12 Council Member Renee 13 14 Council Member Barrett 15 16 Mayor Glass 17 18 City Attorney Danly 19 20 Vote: Motion carried 5-2. 21 22 Yes: Chris Albertson; Teresa Barrett; David Glass; " 23 Gabe Kearney;Tiffany Renee 24 No: Mike Harris; Mike Healy 25 Abstain: None 26 Absent: None 27 28 B. Introduction (First Reading) of Ordinance 2422 N.C.S. Amending Chapters 4, 7, 8, 29 and 24 of the City of Petaluma Implementing Zoning Ordinance to Promote 30 Economic Development. (Brown/Duiven) 31 32 Ingrid Alverde, Economic Development Manager • 33 34 Scott Duiven, Senior Planner 35 36 Mayor Glass 37 38 Council Member Renee 39 40 Mr. Duiven 41 42 Mayor Glass 43 44 Mayor Glass opened the PUBLIC HEARING. 45 46 Onita Pellegrini, CEO, Petaluma Area Chamber of Commerce, spoke in support of 47 the amendments to the implementing zoning ordinance. 48 49 Anthy O'Brien, Chair, Economic Development Committee, Petaluma Area 50 Chamber of Commerce, spoke in support of the staff report and amendment of 51 the ordinance. 52 December 5, 2011 Vol. 46, Page 253 1 Clark Rosen, Petaluma, spoke in support of the amendment to the zoning 2 ordinance. 3 4 Michael Lerner, Petaluma, spoke in favor of the amendment to the zoning t 5 ordinance. 6 7 There being no other persons wishing to speak, Mayor Glass closed the PUBLIC 8 HEARING. 9 10 Mr. Duiven 11 12 Council Member Barrett • 13 14 Mr. Duiven 15 16 Council Member Barrett 17 18 Mr. Duiven 19 20 Council Member Barrett 21 22 Mr. Duiven 23 24 Council Member Renee 25 26 Mr. Duiven 27 28 Council Member Renee 29 30 Mr. Duiven • 31 32 Council Member Renee 33 34 Mr. Duiven 35 36 Council Member Kearney 37 38 Mr. Duiven 39 40 Heather Hines, Deputy Planning Manager 41 42 Council Member Renee 43 44 City Attorney Danly 45 46 Mr. Duiven 47 48 Council Member Barrett r. 49 50 Mr. Duiven 51 52 Council Member Barrett 4 ai Vol. 46, Page 254 December 5, 2011 1 2 Mr. Duiven :a 3 4 Council Member Barrett 5 6 Mr. Duiven 7 8 Mayor Glass 9 10 Mr. Duiven 11 12 Mayor Glass 13 14 Mr. Duiven 15 16 Vice Mayor Healy 17 18 Council Member Renee 19 20 Mr. Duiven 21 22 Council Member Renee 23 24 Mr. Duiven 25 26 Council Member Renee 27 28 City Attorney Danly 29 30 Council Member Kearney 31 -- 32 Council Member Albertson 33 34 Mr. Duiven 35 36 City Attorney Danly 37 38 Mayor Glass 39 40 Mr. Duiven 41 42 Council Member Barrett 43 44 Mr. Duiven 45 46 City Attorney Danly 47 48 Council Member Barrett 49 50 City Attorney Danly 51 52 Council Member Barrett December 5, 2011 Vol. 46, Page 255 1 2 Mr. Duiven 3 4 Council Member Renee 5 6 Mr. Duiven 7 8 Mayor Glass 9 10 Mr. Duiven 11 12 Mayor Glass 13 14 Mr. Duiven 15 16 Ms. Hines 17 18 Mayor Glass 19 20 Council Member Barrett 21 22 Mr. Duiven 23 24 Council Member Barrett 25 26 Mr. Duiven 27 28 Council Member Barrett 29 30 Vice Mayor Healy 31 32 Motion: Approve continuing the meeting after 11:00 p.m., as required by 33 Council's Rules, Policies, and Procedures. 34 35 Moved by Tiffany Renee, seconded by David Glass. 36 37 Vote: Motion carried 7-0. 38 39 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 40 Mike Healy; Gabe Kearney; Tiffany Renee 41 No: None 42 Abstain: None 43 Absent: None 44 45 Mayor Glass 46 47 Council Member Renee 48 49 Mr. Duiven 50 51 Council Member Renee 52 Vol. 46, Page 256 December 5, 2011 1 Mr. Duiven 2 3 Council Member Renee 4 5 Mayor Glass 6 7 City Attorney Danly 8 9 Council Member Renee 10 11 City Attorney Danly 12 13 Council Member Barrett 14 15 Mayor Glass 16 17 Mr. Duiven 18 19 Mayor Glass 20 21 Council Member Barrett 22 23 Mr. Duiven 24 25 Council Member Barrett 26 27 Mayor Glass 28 29 City Attorney Danly 30 31 Council Member Barrett ri 32 33 City Attorney Danly 34 35 City Manager Brown 36 37 Mayor Glass 38 39 Vice Mayor Healy 40 41 Mr. Duiven 42 43 Vice Mayor Healy 44 45 Council Member Barrett 46 47 Mr. Duiven 48 49 Mayor Glass 50 51 City Attorney Danly 52 December 5, 2011 Vol. 46, Page 257 1 City Manager Brown 2 3 Mayor Glass 4 5 City Manager Brown 6 7 Council Member Renee 8 9 Council Member Barrett 10 11 Vice Mayor Healy 12 13 Motion: Approve B. Introduction (First Reading) of Ordinance 2422 • 14 N.C.S. Amending Chapters 4, 7, 8, and 24 of the City of Petaluma Implementing 15 Zoning Ordinance to Promote Economic Development. 16 17 Moved by Mike Healy, seconded by Tiffany Renee. 18 19 Vote: Motion carried 6-1. 20 21 Yes: Chris Albertson; David Glass; Mike Harris; 22 Mike Healy; Gabe Kearney; Tiffany Renee 23 No: Teresa Barrett 24 Abstain: None 25 Absent: None 26 27 ADJOURN 28 29 Motion: Adjourn the meeting. 30 a 31 Moved by Tiffany Renee, seconded by Teresa Barrett. 32 33 Vote: Motion carried 7-0. 34 35 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 36 Mike Healy; Gabe Kearney; Tiffany Renee 37 No: None 38 Abstain: None 39 Absent: None 40 41 The meeting was adjourned at 11:16 p.m. 42 // 43 44 1, /4 45 David Glass, Mayor 46 47 ATTEST: 48 r. 49 50 . 51 52 Claire Cooper, CMC, City Clerk,