HomeMy WebLinkAboutCity Council/PCDC Minutes 12/19/2011 December 19, 2011 Vol. 46, Page 259
ntv(cprl,ccett City of Petaluma, California
'11 MEETING OF THE CITY COUNCIL/
?t1e; PETALUMA COMMUNITY DEVELOPMENT COMMISSION
7860
1 City Council/PCDC Minutes
2 Monday, December 19, 2011
3 Regular Meeting
4
5
6
7 MONDAY, DECEMBER 19, 2011
8 CLOSED SESSION -5:30 P.M.
9
10 CALL TO ORDER - CLOSED SESSION
11
12 A. Roll Call
13
14 Present: Chris Albertson;.Teresa Barrett; David Glass; Mike Healy;
15 Gabe Kearney; Tiffany Renee
16 Absent: Mike Harris
17
18 CLOSED SESSION
19
20 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Title: City Manager.
21 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION:Title: City Attorney.
22 • 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 1 -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 al., Sonoma County Superior Court No.
31 SCV 243426.
32
33 PUBLIC COMMENT ON CLOSED SESSION ITEMS
34
35 None.
36
37 ADJOURN TO CLOSED SESSION
38
39
40
41
42
43
44
45
Vol. 46, Page 260 December 19, 2011
1 MONDAY, DECEMBER 19, 2011
2 EVENING SESSION - 7:00 P.M.
3
4 CALL TO ORDER - EVENING SESSION
5
6 A. Roll Call
7
8 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy;
9 Gabe Kearney; Tiffany Renee
10 Absent: Mike Harris
11
12 B. Pledge of Allegiance
13
14 John Cheney, Petaluma
15
16 C. Moment of Silence
17
18 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
19
20 Item 5.A was moved to follow the CONSENT CALENDAR; Item 4.A was moved below Item 4.B and
21 Item 4.C.
22
23 PRESENTATION
24
25 • Sonoma County Community Choice Aggregation (CCA) Feasibility Study. (Cordell Stillman,
26 Sonoma County Water Agency (SCWA))
27
28 Mayor Glass
29
30 Mr. Stillman
31
32 Mayor Glass
33
34 Mr. Stillman
35
36 Council Member Renee
37
38 Vice Mayor Healy
39
40 Mr. Stillman
41
42 Vice Mayor Healy
43
44 Mayor Glass
45
46 Vice Mayor Healy
47
48 Mayor Glass
49
50 Vice Mayor Healy
51
52 Mr. Stillman
December 19, 2011 Vol. 46, Page 261
1
2 Vice Mayor Healy
3
4 Mayor Glass
5
6 Council Member Renee
7
8 Mayor Gloss
9
10 Council Member Kearney
11
12 Mr. Stillman
13
14 Mayor Glass
15
16 Mr. Stillman
17
18 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
19
20 None.
21
22 GENERAL PUBLIC COMMENT
23
24 John Cheney, Petaluma, updated the Council on Occupy Petaluma's activity and thanked the
25 Council for their support.
26
27 Katherine Bobrowski, Petaluma, spoke regarding problems at the mobile home park where she
28 lives.
29
30 COUNCIL COMMENT
31
32 Council Member Albertson
33
34 Council Member Barrett
35
36 Mayor Glass
37
38 Vice Mayor Healy
39
40 Mayor Glass
41
42 Council Member Renee
43
44 Council Member Kearney
45
46 Mayor Glass
47
48 L APPROVAL OF MINUTES
49
50 A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday,
51 December 5, 2011.
52
Vol. 46, Page 262 December 19, 2011
1 Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday,
2 December 5, 2011, as presented.
3
4 Moved by Teresa Barrett, seconded by Tiffany Renee.
5
6 Vote: Motion carried 6-0
7
8 Yes: Chris Albertson; Teresa Barrett; David Glass;
9 Mike Healy; Gabe Kearney; Tiffany Renee
10 No: None
11 Abstain: None
12 Absent: Mike Harris
13
14 2. APPROVAL OF PROPOSED AGENDA
15
16 A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
17 Monday, January 9, 2012.
18
19 Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
20 Monday, January 9, 2012, as amended to add Confirmation of 2012 Council
21 Liaison Appointments;and to add an item for discussion and possible adoption of
22 a Resolution Opposing Corporate Personhood and Calling for a Constitutional
23 Amendment to Abolish Corporate Personhood.
24
25 Moved by Teresa Barrett, seconded by Tiffany Renee.
26
27 Vote: Motion carried 6-0
28
29 Yes: Chris Albertson; Teresa Barrett; David Glass;
30 Mike Healy; Gabe Kearney; Tiffany Renee
31 No: None
32 Abstain: None
33 Absent: Mike Harris
34
35 Mayor Glass
36
37 Council Member Barrett
38
39 Mayor Glass
40
41 3. CONSENT CALENDAR
42
43 A. Resolution 2011-167 N.C.S. Approving the Fourth Amendment to Lease
44 Agreement between the City of Petaluma and Rooster Run Golf Club, LLC.
45 (Brown)
46
47 B. Adoption (Second Reading) of Ordinance 2422 N.C.S. Amending Chapters 4, 7, 8,
48 and 24 of the City of Petaluma Implementing Zoning Ordinance to Promote
49 Economic Development. Brown/Duiven) -Removed for discussion.
50
51 C. Resolution 2011-168 N.C.S. Accepting Completion of the Construction Contract
52 for the Lynch Creek Trail Project. (Zimmer/Nguyen)
December 19, 2011 Vol. 46, Page 263
1
2 D. Resolution 2011-169 N.C.S. Accepting the PCDC Comprehensive Annual Financial
3 Report. (Mushallo)
4
5 E. Possible Letter from Mayor to State Attorney General Regarding Enforcement of
6 Laws Against Fraudulent Foreclosure Processes. (Brown) -Removed for discussion
7 and public comment.
8
9 Mayor Glass removed Item 3.B for discussion and Item 3.E for discussion and public
10 comment.
11
12 Motion: Approve CONSENT CALENDAR Items 3.A, 3.C, and 3.D.
13
14 Moved by Mike Healy, seconded by Teresa Barrett.
15
16 Vote: Motion carried 6-0
17
18 Yes: Chris Albertson; Teresa Barrett; David Glass;
19 Mike Healy; Gabe Kearney; Tiffany Renee
20 No: None
21 Abstain: None
22 Absent: Mike Harris
23
24 Mayor Glass
25
26 Motion: Approve B. Adoption (Second Reading) of Ordinance 2422 N.C.S. Amending
27 Chapters 4, 7, 8, and 24 of the City of Petaluma Implementing Zoning Ordinance to
28 Promote Economic Development.
29
30 Moved by Mike Healy, seconded by Tiffany Renee.
31
32 Vote: Motion carried 5-1.
33
34 Yes: Chris Albertson; David Glass; Mike Healy;
35 Gabe Kearney;Tiffany Renee
36 No: Teresa Barrett
37 Abstain: None
38 Absent: Mike Harris
39
40 Public Comment on Item 3.E
41
42 Eva Cooper, Petaluma, spoke in support of the foreclosure letter.
43
44 Jude Mion, Petaluma, spoke in support of the eviction letter and the holiday moratorium
45 on foreclosure evictions.
46
47 Amy Hanks, Occupy Petaluma, spoke about foreclosure evictions and supported the
48 letter against fraudulent foreclosure processes. She recommended the letter also be
49 distributed to the Sonoma County Board of Supervisors and the Mayors and City
50 Councils in the County.
51
52 Mayor Glass
Vol. 46, Page 264 December 19, 2011
1
2 Council Member Albertson
3
4 Vice Mayor Healy
5
6 Mayor Glass
7
8 Vice Mayor Healy
9
10 Council Member Barrett
11
12 Council Member Renee
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14 Vice Mayor Healy
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16 Council Member Renee
17
18 Mayor Glass
19
20 Vice Mayor Healy
21
22 Council Member Renee
23
24 Motion: Approve E. Letter from Mayor to State Attorney General Regarding Enforcement
25 of Laws Against Fraudulent Foreclosure Processes, with minor text amendments.
26
27 Moved by David Glass, seconded by Teresa Barrett.
28
29 City Attorney Danly
30
31 Council Member Barrett
32
33 City Attorney Danly
34
35 Vote: Motion carried 6-0
36
37 Yes: Chris Albertson; Teresa Barrett; David Glass;
38 Mike Healy; Gabe Kearney;Tiffany Renee
39 No: None
40 Abstain: None
41 Absent: Mike Harris
42
43 Item 5.A was heard next:
44
45 5. NEW BUSINESS
46
47 A. Resolution 2011-170 N.C.S. Authorizing the City Manager to Execute Loan
48 Documents with Pacific Gas and Electric for the On-Bill Financing Loan
49 Agreement Program for Energy Efficiency Improvements at the Swim Center,
50 Cavanagh Recreation Center, Soup Kitchen, Airport, Senior Center, Animal
51 Shelter, Corporation Yard, and Fire Stations 1, 2, & 3. (Ramirez)
52
December 19, 2011 Vol. 46, Page 265
1 Mayor Glass
2
3 Vice Mayor Healy
4
5 Mayor Glass
6
7 Council Member Renee
8
9 Diane Ramirez, Capital Projects Project Manager
10
11 Council Member Renee
12
13 Ms. Ramirez
14
15 Council Member Renee
16
17 Mayor Glass
18
19 Larry Zimmer, Capital Improvements Engineering Manager
20
21 Mayor Glass
22
23 Vice Mayor Healy
24
25 Motion: Approve A. Resolution 2011-170 N.C.S. Authorizing the City Manager to
26 Execute Loan Documents with.Pacific Gas and Electric for the On-Bill Financing
27 Loan Agreement Program for Energy Efficiency Improvements at the Swim Center,
28 Cavanagh Recreation Center, Soup Kitchen, Airport, Senior Center, Animal
29 Shelter, Corporation Yard, and Fire Stations 1, 2, & 3.
30
31 Moved by Mike Healy, seconded by Gabe Kearney.
32
33 Council Member Barrett
34
35 Mr. Zimmer
36
37 Council Member Renee
38
39 Vote: Motion carried 6-0
40
41 Yes: Chris Albertson; Teresa Barrett; David Glass;
42 Mike Healy; Gabe Kearney;Tiffany Renee
43 No: None
44 Abstain: None
45 Absent: Mike Harris
46
47 Item 4.B was heard next:
48
•
49 4. UNFINISHED BUSINESS
50
51 B. Discussion Regarding the Existing Cost Recovery System for Development
52 Projects. (Brown)
Vol. 46, Page 266 December 19, 2011
1
2 City Manager Brown
3
4 Mayor Glass
5
6 Council Member Albertson
7
8 Mayor Glass
9
10 Council Member Barrett
11
12 Council Member Renee
13
14 Vice Mayor Healy
15
16 Mayor Glass
17
18 City Attorney Danly
19
20 City Manager Brown
21
22 Mayor Glass
23
24 City Manager Brown
25
26 Item 4.0 was heard next:
27
28 C. Discussion and Possible Action Regarding Updates to the City's Development
29 Related Fees. (Brown/Duiven)
30
31 Scott Duiven, Senior Planner
32
33 Mayor Glass opened Public Comment on Item 4.C.
34
35 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
36 4.C.
37
38 Mayor Glass
39
40 Council Member Barrett
41
42 Mr. Duiven
43
44 Council Member Barrett
45
46 City Manager Brown
47
48 Mayor Glass
49
50 City Manager Brown
51
52 City Attorney Danly
December 19, 2011 Vol. 46, Page 267
1
2 Mayor Glass
3
4 City Attorney Danly
5
6 Council Member Barrett
7
8 City Attorney Danly
9
10 Council Member Barrett
11
12 City Attorney Danly
13
14 Mayor Glass
15
16 Vice Mayor Healy
17
18 Mr. Duiven
19
20 Vice Mayor Healy
21
22 Mr. Duiven
23
24 Vice Mayor Healy
25
26 Council Member Renee
27
28 Council Member Barrett
29
30 Mayor Glass
31
32 Vice Mayor Healy
33
34 Motion: Direct staff to prepare updated development and capacity fee study
35 reports as a basis for restructuring and reducing development related fees.
36
37 Moved by Mike Healy, seconded by Gabe Kearney.
38
39 Vote: Motion carried 6-0
40
41 Yes: Chris Albertson;Teresa Barren; David Glass;
42 Mike Healy; Gabe Kearney; Tiffany Renee
43 No: None
44 Abstain: None
45 Absent: Mike Harris
46
47 Item 4.A was heard next:
48
49 A. Discussion and Possible Direction on Maintaining Current Medical Marijuana Dispensary
50 Moratorium. (Fish)
51
52 Police Chief Dan Fish
Vol. 46, Page 268 December 19, 2011
1
2 Public Comment on Item 4.A
3
4 Craig Litwin, Sebastopol, spoke in support of medical marijuana dispensaries.
5
6 Chet Jenkins, Santa Rosa, medical cannabis patient, representing Americans for Safe
7 Access, spoke in support of medical marijuana dispensaries.
8
9 Mayor Glass
10
11 Mr. Jenkins
12
13 Mayor Glass
14
15 Council Member Renee
16
17 Council Member Kearney
18
19 Chief Fish
20
21 Council Member Kearney
22
23 City Attorney Danly
24
25 Council Member Kearney
26
27 City Attorney Danly
28
29 Council Member Kearney
30
31 Chief Fish
32
33 Vice Mayor Healy
34
35 Chief Fish
36
37 Vice Mayor Healy
38
39 Council Member Albertson
40
41 Mayor Glass
42
43 Chief Fish
44
45 Council Member Barrett
46
47 Council Member Renee
48
49 City Attorney Danly
50
51 Chief Fish
52
•
December 19, 2011 Vol. 46, Page 269
1 City Attorney Danly
2
3 Mayor Glass
4
5 Vice Mayor Healy
6
7 Mayor Glass
8
9 Council Member Kearney
10
11 Mayor Glass
12
13 There was Council consensus that the ban on medical marijuana dispensaries should
14 remain in place. No other direction was given.
15
16 6. PUBLIC HEARING
17
18 A. Public Hearing on the Environmental Review for the Existing Conditionally
19 Approved Railroad Crossing on Caulfield Lane and Resolution 2011-172 N.C.S.
20 Adopting a Mitigated Negative Declaration and Mitigation Monitoring Reporting
21 Program and Authorizing the City Manager to File an Application with the
22 California Public Utilities Commission for the Re-Authorization of the Caulfield
23 Lane Railroad Crossing Project Located at Caulfield Lane. (Bradley)
24
25 Geoff Bradley, Planning Manager
26
27 Mayor Glass opened the PUBLIC HEARING.
28
29 There being no persons wishing to speak, Mayor Glass closed the PUBLIC
30 HEARING.
31
32 Council Member Barrett
33
34 City Attorney Danly
35
36 Council Member Barrett
37
38 City Attorney Danly
39
40 Council Member Barrett
41
42 City Attorney Danly
43
44 Mr. Bradley
45
46 Council Member Barrett
47
48 Mr. Bradley
49
50 Council Member Barrett
51
52 Mr. Bradley
Vol. 46, Page 270 December 19, 2011
1
2 Council Member Barrett
3
4 Vice Mayor Healy
5
6 Mr. Bradley
7
8 Council Member Barrett
9
10 Mr. Bradley
11
12 Council Member Barrett
13
14 City Attorney Danly
15
16 Council Member Barrett
17
18 Vice Mayor Healy
19
20 Council Member Barrett
21
22 Leslie Thomsen, Assistant City Attorney
23
24 Council Member Barrett
25
26 Assistant City Attorney Thomsen
27
28 Council Member Barrett
29
30 Curt Bates, City Engineer
31
32 Council Member Barrett
33
34 Mr. Bates
35
36 Council Member Barrett
37
38 Mr. Bates
39
40 City Attorney Danly
41
42 Council Member Barrett
43
44 Mr. Bates
45
46 Assistant City Attorney Thomsen
47
48 Mayor Glass
49
50 Mr. Bates
51
52 Mayor Glass
December 19, 2011 Vol. 46, Page 271
1
2 Vice Mayor Healy
3
4 Mr. Bates
5
6 Mayor Glass
7
8 City Attorney Danly
9
10 Vice Mayor Healy
11
12 Council Member Renee
13
14 Mr. Bates
15
16 Vice Mayor Healy
17
18 Mayor Glass
19
20 Assistant City Attorney Thomsen
21
22 Council Member Renee
23
24 Pat Collins, Winzler and Kelly, Consulting Engineers
25
26 Council Member Renee
27
28 Mayor Glass
29
30 City Attorney Danly
31
32 Mr. Bates
33
34 City Attorney Danly
35
36 Motion: Approve A. Resolution 2011.172 N.C.S. Adopting a Mitigated Negative
37 Declaration and Mitigation Monitoring Reporting Program and Authorizing the
38 City Manager to File an Application with the California Public Utilities Commission
39 for the Re-Authorization of the Caulfield Lane Railroad Crossing Project Located
40 at Caulfield Lane, with the addition of mitigation measure TR I.
41
42 Moved by Mike Healy, seconded by David Glass.
43
44 Assistant City Attorney Thomsen
45
46 Vote: Motion carried 5-1
47
48 Yes: Chris Albertson; David Glass;
49 Mike Healy; Gabe Kearney; Tiffany Renee
50 No: Teresa Barrett
51 Abstain: None
52 Absent: Mike Harris
Vol. 46, Page 272 December 19, 2011
1
2
3
4 ADJOURN
5
6 Motion: adjourn the meeting.
7
8 Moved by Tiffany Renee, seconded by David Glass.
9
10 Vote: Motion carried 6-0
11
12 Yes: Chris Albertson; Teresa Barrett; David Glass;
13 Mike Healy; Gabe Kearney; Tiffany Renee
14 No: None
15 Abstain: None
16 Absent: Mike Harris
17
18 The meeting was adjourned at 10:55 p.m. � ,
19
20 �i� �. -421 1' 41
21 David Glass, Mayor
22
23 ATTEST:
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25 j
27 \4_,LCLOCi J l-^' `i ( dam —
28 Claire Cooper, CMC, City Cle
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