HomeMy WebLinkAboutCity Council/PCDC Minutes 01/09/2012 January 9, 2012 Vol. 46, Page 273
9- City of Petaluma, California
MEETING OF THE.CITY COUNCIL/
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PETALUMA COMMUNITY DEVELOPMENT COMMISSION
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1 City Council/PC DC Minutes
2 Monday, January 9, 2012
3 Regular Meeting
4
5
6 MONDAY, JANUARY 9, 2012
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: Pursuant to California Government Code Section 54957
20 -Title: City Manager.
21 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957
22 -Title: City Attorney.
23 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION:Subdivision la) of California Government
24 Code Section 54956.9: City of Petaluma,et al., v. County of Sonoma,et al., Sonoma County Superior
25 Court No. SCV 248948.
26
27 Mayor Glass
28
29 PUBLIC COMMENT ON CLOSED SESSION ITEMS
30
31 Paul Curran, Petaluma, co-owner Pavement Engineering, Petaluma, spoke in support of the
32 Dutra project and in opposition to an appeal.
33
34 Don Smith, Petaluma, spoke in support of the Dutra project and in opposition to an appeal.
35
36 Jerry Price, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
37
38 Joan Cooper, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
39
40 Sheri Chlebowski, Petaluma, spoke in opposition to the Dutra project and in support of an
41 appeal.
42
43 Ms. Cooper
44
Vol. 46, Page 274 January 9, 2012
1 Mayor Glass
2
3 Jack Miller, neurologist, Petaluma, spoke in opposition to the Dutra project and in support of an
4 appeal.
5
6 Brian Perry, Petaluma, spoke in support of the Dutra project and in opposition to an appeal.
7
8 Bud Deakin, Heritage Salvage, Petaluma, spoke in opposition to the Dutra project and in support
9 of an appeal.
10
11 Gary Sheldon, Petaluma, spoke in support of the Dutra project and in opposition to an appeal.
12
13 Cynthia Murray, North Bay Leadership Council, spoke in support of the Dutra project and in
14 opposition to an appeal.
15
16 Connie Madden, Petaluma, spoke in opposition to the Dutra project and in support of an
17 appeal.
18
19 Mike Orton, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
20
21 Michelle Brands-Giesea, Petaluma, spoke in opposition to the Dutra project and in support of an
22 appeal.
23
24 Jude Mion, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
25
26 Jenny Christiansen, Petaluma, spoke in opposition to the Dutra project and in support of an
27 appeal.
28
29 David Keller, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
30
31 Cat Canto, Petaluma, and her daughter CeeCee, spoke in opposition to the Dutra project and
32 in support of an appeal.
33
34 Jason Davies, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
35
36 Chester Parker, Petaluma, spoke in support of the Dutra project and in opposition to an appeal.
37
38 Mayor Glass
39
40 Heidi Oberman, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
41
42 Lindsay Mickles, Penngrove, spoke in opposition to the Dutra project and in support of an
43 appeal.
44
45 Monty Chipman, Petaluma, spoke in support of the Dutra project and in opposition to an
46 appeal.
47
48 Allen Pendley, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
49
50 Dale Axelrod, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
51
52 Mayor Glass
January 9, 2012 Vol. 46, Page 275
1
2 Robert Hernandez, spoke in support of the Dutra project and in opposition to an appeal.
3
4 Melissa Bushley, Petaluma, spoke in opposition to the Dutra project and in support of an appeal.
5
6 Don Gallieti, operating engineers, spoke in support of the Dutra project and in opposition to an
7 appeal.
8
9 Leah Davies, spoke in opposition to the Dutra project and in support of an appeal.
10
11 Bob Dyer, Docent, Shollenberger Park, spoke in opposition to the Dutra project and in support of
12 an appeal.
13
14 Mayor Glass
15
16 City Attorney Danly
17
18 ADJOURN TO CLOSED SESSION
19
20
21
22
23 MONDAY, JANUARY 9, 2012
24 EVENING SESSION - 7:00 7:49 P.M.
25
26 CALL TO ORDER - EVENING SESSION
27
28 A. Roll Call
29
30 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
31 Gabe Kearney; Tiffany Renee
32 Absent: None
33
34 B. Pledge of Allegiance
35
36 Val Richman, Petaluma
37
38 C. Moment of Silence
39
40 REPORT OUT OF CLOSED SESSION (Actions Taken)
41
42 City Attorney Danly reported that Council has unanimously directed him to carefully review the
43 decision in the City of Petaluma, et al. v. County of Sonoma, et al. case for possible error and
44 report at next meeting the possibility for appeal.
45
46 AGENDA CHANGES AND DELETIONS (To Current Agenda Only)
47
48 The order in which items under NEW BUSINESS would be heard was changed to 4.A, 4.B, 4.E, 4.D,
49 4.C.
50
51
52
Vol. 46, Page 276 January 9, 2012
1 PROCLAMATION
2
3 • National Mentoring Month - January 2012
4
5 Mayor Glass
6
7 Val Richman, Executive Director, Mentor Me Petaluma
8
9 Mayor Glass
10
11 Ms. Richman
12
13 Mayor Glass
14
15 Dennis Pocekay, Chair, Board of Directors, Mentor Me Petaluma
16
17 Kit Lofroos, Member, Board of Directors, Mentor Me Petaluma
18
19 GENERAL PUBLIC COMMENT
20
21 Jeff Mayne, Petaluma, spoke regarding the Petaluma Museum Association and a fund-raising
22 party to be held at Lagunitos on January 23 from 6:30-9pm. The $20 cover fee will benefit the
23 Museum Association.
24
25 Council Member Albertson
26
27 Mr. Mayne
28
29 Katherine Bobrowski, Petaluma, wanted to know if the pictures she had turned in at the last
30 Council Meeting had been viewed by Council and spoke about Lieutenant David Sears.
31
32 Jerry Price, Petaluma, thanked Council for their service.
33
34 Wayne Clark, Petaluma, spoke about the Dutra Company.
35
36 COUNCIL COMMENT
37
38 Council Member Renee
39
40 Council Member Kearney
41
42 Mayor Glass
43
44 CITY MANAGER COMMENT
45
46 None.
47
48 1. APPROVAL OF PROPOSED AGENDA
49
50 A. Approval of Revised Proposed Agenda for Regular City Council/PCDC Meeting of
51 Monday, January 23, 2012. - Revision No. 1 - Thursday, January 5, 2012.
52
January 9, 2012 Vol. 46, Page 277
1 Mayor Glass
2
3 Council Member Renee
4
5 Mayor Glass
6
7 Council Member Barrett
8
9 Council Member Renee
10
11 Council Member Barrett
12
13 Mayor Glass
14
15 City Manager Brown
16
17 Mayor Glass
18
19 City Manager Brown
20
21 Council Member Barrett
22
23 Mayor Glass
24
25 City Attorney Danly
26
27 Mayor Glass
28
29 Motion: Approve A. Revised Proposed Agenda for Regular City Council/PC DC
30 Meeting of Monday, January 23, 2012, as presented.
31
32 Moved by Mike Healy, seconded by Mike Harris.
33
34 Vote: Motion carried 7-0
35
36 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
37 Mike Healy; Gabe Kearney; Tiffany Renee
38 No: None
39 Abstain: None
40 Absent: None
41
42 2. CONSENT CALENDAR
43
44 A. Resolution 2012-001 N.C.S. Approving Claims and Bills for November 2011.
45 (Mushallo)
46
47 B. Resolution 2012-004 N.C.S. Approving the 2012 Downtown Petaluma Business
48 Improvement District Annual Report and Related Budget, Declaring the Intention
49 to Levy the 2012 Annual Assessment, and Setting a Public Hearing on the
50 Proposed 2012 Annual Assessment. (Mushallo)
51
Vol. 46, Page 278 January 9, 2012
1 C. Resolution 2012-002 N.C.S. Acknowledging the Submittal of the 2011 State
2 Controller's Office (SCO) Redevelopment Financial Report and PCDC Resolution
3 2012-01 Acknowledging the Submittal of the 2011 State Controller's Office (SCO)
4 Redevelopment Financial Report. (Brown/Gaebler)
5
6 D. Resolution 2012-003 N.C.S. Updating as "Authorized Persons" the City Manager,
7 Finance Director, and Commercial Services Manager, for the City of Petaluma's
8 Local Agency Investment Fund Account. (Mushallo)
9
10 E. PCDC Resolution 2012-02 Updating as "Authorized Persons" Executive Director,
11 Treasurer, and Commercial Services Manager, for the Petaluma Community
12 Development Commission Local Agency Investment Fund Account. (Mushallo)
13
14 Mayor Glass opened Public Comment on the CONSENT CALENDAR.
15
16 Seeing no persons wishing to comment, Mayor Glass closed Public Comment on the
17 CONSENT CALENDAR.
18
19 Council Member Albertson
20
21 City Manager Brown
22
23 Finance Director Bill Mushallo
24
25 Council Member Albertson
26
27 Finance Director Mushallo
28
29 Council Member Albertson
30
31 Finance Director Mushallo
32
33 Council Member Albertson
34
35 Finance Director Mushallo
36
37 Council Member Albertson
38
39 City Manager Brown
40
41 Council Member Albertson
42
43 City Manager Brown
44
45 Council Member Albertson
46
47 Motion: Approve CONSENT CALENDAR Items 2.A, 2.C, 2.D, and 2.E.
48
49 Moved by Teresa Barrett, seconded by Mike Harris.
50
51 Vote: Motion carded 7-0
52
January 9, 2012 Vol. 46, Page 279
1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
2 Mike Healy; Gabe Kearney; Tiffany Renee
3 No: None
4 Abstain: None
5 Absent: None
6
7 Council Member Renee recused herself for Item 2.B and left the dais.
8
9 Vice Mayor Healy recused himself for Item 2.8 and left the dais.
10
11 Mayor Glass
12
13 Motion: Approve B. Resolution 2012-004 N.C.S. Approving the 2012 Downtown Petaluma
14 Business Improvement District Annual Report and Related Budget, Declaring the Intention
15 to Levy the 2012 Annual Assessment, and Setting a Public Hearing on the Proposed 2012
16 Annual Assessment.
17
18 Moved by Teresa Barrett, seconded by Mike Harris.
19
20 Vote: Motion carried 5-0
21
22 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
23 Gabe Kearney
24 No: None
25 Abstain: Mike Healy; Tiffany Renee
26 Absent: None
27
28 Council Member Renee returned to the dais.
29
30 Vice Mayor Healy returned to the dais.
31
32 3. NEW BUSINESS
33
34 A. Resolution 2012-005 N.C.S. Appointing Tiffany Renee Vice Mayor for Calendar
35 Year 2012. (Cooper)
36
37 Motion: Approve A. Resolution 2012-005 N.C.S. Appointing Tiffany Renee Vice
38 Mayor for Calendar Year 2012.
39
40 Moved by David Glass, seconded by Teresa Barrett.
41
42 Vote: Motion carried 7-0
43
44 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
45 Mike Healy; Gabe Kearney;Tiffany Renee
46 No: None
47 Abstain: None
48 Absent: None
49
50 B. Resolution 2012-006 N.C.S. Confirming Council Liaison Appointments. (Cooper)
51
52 Mayor Glass
Vol. 46, Page 280 January 9, 2012
1
2 Motion: Approve B. Resolution 2012-006 N.C.S. Confirming Council Liaison
3 Appointments as follows:
4
2012 Representative
Airport Commission Council Liaison Mae,IfarrL4
Planning Commission Council Liaison GabeKea,rney
Recreation, Music, and Parks
Commission Council Liaison Tereba.Barrett
Youth Commission Council Liaison Mike,Healy
Animal Services Advisory Committee Council Liaison ChrlyAlb vtbow
Disaster Council Mayor (by Charter) Dav%c'auks,
Pedestrian & Bicycle Advisory Council Liaison M ace,;farri -
Committee
Technology Advisory Committee Council Liaison DcwC /Gla
Transit Advisory Committee Council Liaison Gabe/Kearney
Tereaa.B a.rrett,
Transient Occupancy Tax Subcommittee Council Mike ffealy
(TOT) Subcommittee
T%{{awy Renee,
Health Action Council (meets 1s' Friday Council GaLbe Kearney
of every month, 8-10 AM, in Santa Rosa) ,Representative
Sonoma County Library Commission Council Liaison Tere;wBarrett
Visitors' Program Advisory Committee-
Meets as part of PDA Council Liaison Chriy w
Atbertao
Subcommittee to
Legislative Committee Mayors' & Chri,.ALbert;ovn
Councilmembers'
Association
Sonoma County Solid Waste Advisory Council
Group (SWAG) Representation TifFaN� Renee
Sonoma County Solid Waste Advisory Council
Group (SWAG) - Alternate Representation Gabe/Kearney
(Alternate)
Sonoma County Transportation Authority
/Regional Climate Protection Authority Council Tiffruny Renee
(SCTA/RCPA) Representation
January 9, 2012 Vol. 46, Page 281
2012 Representative
Sonoma Count •Transportation Authority Council
/Regional Climate Protection Authority Representation Mace,11arris,
(SCTA/RCPA) - Alternate (Alternate)
Sonoma County Water Advisory Council
Mace/Healy
Committee (WAC) Representation
Council
Sonoma County Water Advisory Representation Dcwcd CGlww
Committee (WAC) - Alternate
(Alternate)
Sonoma County Water Agency Zone 2A Council
Advisory Committee Representation Tereba8avrett
1
2 Moved by David Glass, seconded by Chris Albertson.
3
4 Vote: Motion carried 7-0
5
6 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
7 Mike Healy; Gabe Kearney; Tiffany Renee
8 No: None
9 Abstain: None
10 Absent: None
11
12 E. Resolution 2012-007 N.C.S. Electing to Serve as the Successor Agency to the
13 Petaluma Community Development Commission (PCDC) Pursuant to Health and
14 Safety Code Section 34177. (Brown/Gaebler)
15
16 City Manager Brown
17
18 Mayor Glass
19
20 Council Member Barrett
21
22 City Manager Brown
23
24 Council Member Barrett
25
26 City Manager Brown
27
28 Mayor Glass
29
30 Council Member Healy
31
32 Council Member Albertson
33
34 City Manager Brown
35
36 Council Member Albertson
37
Vol. 46, Page 282 January 9, 2012
1 Mayor Glass
2
3 City Manager Brown
4
5 Mayor Glass
6
7 Council Member Albertson
8
9 Mayor Glass
10
11 Council Member Healy
12
13 Motion: Approve E. Resolution 2012-007 N.C.S. Electing to Serve as the Successor
14 Agency to the Petaluma Community Development Commission (PCDC) Pursuant
15 to Health and Safety Code Section 34177.
16
17 Moved by Mike Healy, seconded by Gabe Kearney.
18
19 Vote: Motion carded 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 D. Fireworks - Addition of Sales Day Review. (Anderson)
28
29 Fire Chief Larry Anderson
30
31 Mayor Glass
32
33 Public Comment on Item 3.D
34
35 Dennis Revell, on behalf of TNT Fireworks, spoke regarding days of firework sales in
36 surrounding cities and in favor of an additional day of sales.
37
38 Mayor Glass
39
40 Mr. Revell
41
42 Council Member Harris
43
44 Mr. Revell
45
46 Dick Sharkey, Petaluma, spoke about fireworks.
47
48 Larry Finkel, Assistant Director, McDowell Group Task Force, discussed the
49 donations the McDowell Drug Task Force has made to City functions and asked
50 for one more day of sales to continue raising revenue.
51
January 9, 2012 Vol. 46, Page 283
1 Richard Inman, Secretary, McDowell Drug Task Force, spoke in support of the
2 addition of a fifth day of fireworks sales.
3
4 Paul Morris, McDowell Drug Task Force, spoke in support of the addition of a fifth
5 day of firework sales.
6
7 Mayor Glass
8
9 Chief Anderson
10
11 Fire Marshal Cary Fergus
12
13 Mayor Glass
14
15 Fire Marshal Fergus
16
17 Vice Mayor Renee
18
19 Fire Marshal Fergus
20
21 Council Member Healy
22
23 Mayor Glass
24
25 Council Member Barrett
26
27 Council Member Harris
28
29 Fire Marshal Fergus
30
31 Council Member Kearney
32
33 Fire Marshal Fergus
34
35 Council Member Kearney
36
37 Fire Marshal Fergus
38
39 Council Member Albertson
40
41 Fire Marshal Fergus
42
43 Council Member Albertson
44
45 Mr. Revell
46
47 Mayor Glass
48
49 Council Member Healy
50
51 Mayor Glass asked the Council if they were in favor of adding a 5th day for the
52 sale of fireworks and took a "straw vote" as follows:
Vol. 46, Page 284 January 9, 2012
1 Council Member Albertson - no
2 Council Member Barrett- no
3 Mayor Glass - no
4 Council Member Harris -yes
5 Council Member Healy - yes
6 Council Member Kearney-yes
7 Vice Mayor Renee - no
8
9 C. Resolution 2012.008 N.C.S. Calling for a Constitutional Amendment Regarding
10 Corporate Personhood to Limit Political Spending by Corporations. (Brown)
11
12 Mayor Glass
13
14 City Manager Brown
15
16 Mayor Glass
17
18 Public Comment on Item 3.0
19
20 Amy Hanks and Alex Demarco, Occupy Petaluma, spoke in favor of adopting
21 the resolution.
22
23 Victor Chechanover, Petaluma, spoke in favor of adopting the resolution.
24
25 Council Member Healy
26
27 Motion: Approve C. Resolution 2012-008 N.C.S. Calling for a Constitutional
28 Amendment Regarding Corporate Personhood to Limit Political Spending by
29 Corporations.
30
31 Moved by Mike Healy, seconded by Gabe Kearney.
32
33 Vote: Motion carried 6-1
34
35 Yes: Chris.Albertson; Teresa Barrett; David Glass:
36 Mike Healy; Gabe Kearney; Tiffany Renee
37 No: Mike Harris
38 Abstain: None
39 Absent: None
40
41 Council Member Albertson
42
43 Council Member Harris
44
45 Council Member Barrett
•
46
47 Mayor Glass
48
49 CLOSED SESSION
50
51 City Attorney Danly
52
January 9, 2012 Vol. 46, Page 285
1 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957
2 -Title: City Manager.
3 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957
4 -Title: City Attorney.
5
6 ADJOURN TO CLOSED SESSION
7
8 Council returned to CLOSED SESSION at 9:35 p.m.
9
10 REPORT OUT OF CLOSED SESSION (Actions Taken)
11
12 None.
13
14 ADJOURN
15
16 The meeting Was adjourned at 9:57 p.m.
17
18
19
20 David Glass, Mayor
21
22 ATTEST:
iin,1-1
l/ e
27 Claire Cooper, CMC, City Cler
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