CITY OF PETALUMA, CALIFORNIA
REGULAR MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR
AGENCY (PCDSA)
City Hall Council Chambers
11 English Street
Petaluma, CA 94952
MINUTES
Monday, July 18, 2022
COVID-19 ADVISORY NOTICE
Pursuant to the provisions of Assembly Bill 361, meetings are currently being held by virtual teleconference as well as in-person. Teleconference login information and instructions on how to participate and provide public comment for virtual meetings are available in each specific meeting agenda.
While attending this meeting, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, "social distancing" and wear face coverings to reduce the risks of exposure to COVID-19. The City cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
How to Observe and/or Participate and Provide Public Comment at a Meeting Attend In-Person: Petaluma City Council Chambers located at 11 English Street, Petaluma, CA. Please fill out a speaker card for each item you wish to speak on, and place in the speaker card box next to the Zoom moderator.
Attend Virtually via Zoom: https://us06web.zoom.us/j/81011512604 (Use raise hand feature to speak)
Call- In via Telephone: +1 (346) 248-7799 Meeting ID: 810 1151 2604 (dial *9 to raise hand to speak)
Watch on TV: Comcast channel 28, U-Verse channel 099
Submit written public comment: e-mail comments to [email protected].
Comments that are received before 4:30 p.m. on July 18, 2022, will be distributed to the Mayor and City Councilmembers and placed on the City’s website as part of the agenda packet for the meeting. Comments received after 4:30 p.m. will be distributed and posted online following the meeting.
Tips for Attending a Virtual Meeting: https://cityofpetaluma.org/tips-for-attending-a- virtual-meeting/
Closed Captioning/Live Transcription
This meeting will be transcribed live via the Zoom platform. In-person attendees will be able to see the transcription at the bottom of the screens in the Council Chamber and City Hall. Zoom attendees with a Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal zoom screen. Learn more at https://support.zoom.us/.
Decorum
The Mayor has the authority to rule any speaker out of order, including speakers during the General Public Comment period, if the subject raised is not within the subject matter jurisdiction of the City Council, or during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting. The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed. All persons are expected to conduct themselves with civility and courtesy at all times. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated in order to foster an environment where everyone feels welcome to speak.
CLOSED SESSION – 5:30 p.m.
CALL TO ORDER
Mayor Barrett called the meeting to order at 5:30 p.m.
* ROLL CALL
PRESENT:D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
ABSENT: None.
CLOSED SESSION
* CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 potential case. In accordance with Government Code Section 54956.9, subdivision (e), paragraphs (2) and (3) the facts and circumstances that might result in litigation against the City involve transactional occurrences that are known to a potential plaintiff or plaintiffs; namely, claims for additional compensation submitted to the City by Myers and Sons Construction, general contractor for the City’s Biomass to Biofuel (B2B) project. The written communications comprising the claims submitted by Meyers and Sons Construction are available for public inspection pursuant to Government Code Section 54957.5.
City Attorney, Eric Danly, announced the Closed Session item.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Prior to adjournment into Closed Session, the public may speak up to three minutes on items to be addressed in Closed Session.
Mayor Barrett opened public comment, receiving none, she closed public comment.
ADJOURN TO CLOSED SESSION
Mayor Barrett adjourned the meeting to Closed Session at 5:32 p.m.
REGULAR SESSION - 6:30 p.m.
CALL TO ORDER
Mayor Barrett called the meeting to order at 6:30 p.m.
* ROLL CALL
PRESENT:D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
ABSENT: None.
* PLEDGE OF ALLEGIANCE
* MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Barrett announced Item 5, on the Consent Calendar, was removed from the agenda and moved to the City Council/PCDSA Regular Meeting of August 1, 2022.
GENERAL PUBLIC COMMENT
During General Public Comment, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda. Public comments are limited up to three minutes per person. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares totaling no more than twenty minutes, subject to the Council’s discretion (Cal. Gov’t. Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, III).
General Public Comment - Patricia Angell
General Public Comment - Peter Tscherneff
General Public Comment - Maureen, Dan, Logan Svenson anf others General Public Comment - Susan and Joe Price
General Public Comment - Pam Adinoff
General Public Comment - Jason Howell
General Public Comment - David Airey
General Public Comment - Christian Kusasek
General Public Comment - Gary and Peg Grubb
General Public Comment - Jess Holten - Casper
General Public Comment - Rj Smith
General Public Comment - Janice Miller
General Public Comment - Peter Tscherneff
General Public Comment - Hartrich Family
Mayor Barrett opened public comment.
John Hanania
Darren Racusen
Katherine Bobrowski
Peter Tschernoff
Nicole C
Veronica O
Mayor Barrett closed public comment.
COUNCIL COMMENT
Councilmember Fischer
Councilmember Barnacle
Councilmember Healy
Vice Mayor Pocekay
Councilmember McDonnell
Councilmember King
Mayor Barrett
CITY MANAGER COMMENT
City Manager Peggy Flynn
APPROVAL OF MINUTES
1. Approval of the Minutes of the City Council/PCDSA Regular Meeting of July 11, 2022 Minutes - July 11 2022
Council unanimously accepted the minutes as submitted.
APPROVAL OF PROPOSED AGENDAS
2. Approval of the Agenda for the City Council/PCDSA Regular Meetings of August 1 and August 8, 2022
Tentative Agendas - August 1 and 8, 2022
Motion to Approve the Agendas for the City Council/PCDSA Regular Meetings of August 1 and August 8, 2022 made by D'Lynda Fischer, seconded by Brian Barnacle.
Vote: Motion carried 7 - 0.
Yes: D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
CONSENT CALENDAR
3. Resolution Authorizing the Position Allocation of One Water Recycling Plant Operator III (Bolt/Freckmann/Kaur)
03 - Staff Report and Attachments - Position Allocation of WRP Operator III
4. Resolution Making Required Findings and Authorizing the City Manager to Implement Teleconferenced Public Meetings for the City Council and All City Subordinate Bodies Pursuant to Assembly Bill 361 (Danly/Brady)
04 - Staff Report and Attachments - Teleconference Meeting
5. Resolution Adopting the Levying of the Annual Special Tax for the Community Facilities District No. 2016091 (Petaluma Riverfront Community) for the Fiscal Year 2022/23 (Stutsman/Petnic/Bolt) - PULLED FROM AGENDA, MOVED TO AUGUST 1, 2022 REGULAR MEETING
05 - Staff Report and Attachments - Riverfront CFD - REVISED 7-13-22
6. Resolution Authorizing the Purchase of One Demonstration Model Fire-Rescue Emergency Type I Ambulance from Braun Northwest Inc., Chehalis, WA, and All Associated Equipment, in the Amount of $397,917.61 (Schach) 06 - Staff Report and Attachments - Ambulance Purchase
6 - Public Comment - Benjamin Peters
Mayor Barrett opened public comment.
Ben Peters
Mayor Barrett closed public comments.
Motion to Approve Consent Calendar items 3, 4, and 6 (Resolution Nos. 2022-118 N.C.S.
Authorizing the Position Allocation of One Water Recycling Plant Operator III; 2022-119 N.C.S. Making Required Findings and Authorizing the City Manager to Implement Teleconferenced Public Meetings for the City Council and All City Subordinate Bodies; 2022- 120 N.C.S. Authorizing the Purchase of One Demonstration Model Fire-Rescue Emergency Type I Ambulance from Braun Northwest Inc., Chehalis, WA, and All Associated Equipment, in the Amount of $397,917.61) made by Dave King, seconded by Kevin McDonnell.
Vote: Motion carried 7 - 0.
Yes: D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
NEW BUSINESS
7. Resolution Appointing a Voting Delegate and Alternate for the League of California Cities 2022 Annual Conference (Rose)
07 - Staff Report and Attachments - League Voting Delegate City Manager, Peggy Flynn, introduced the item.
Motion to Approve Resolution No. 2022-121 N.C.S. Appointing Councilmember Barnacle as the Voting Delegate and Councilmember Healy as the Alternate for the League of California Cities 2022 Annual Conference made by Dave King, seconded by Kevin McDonnell.
Vote: Motion carried 7 - 0.
Yes: D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
Mayor Barrett opened public comment, receiving none, she closed public comment.
8. Presentation and Discussion of Draft Housing Sites Inventory and Draft Goals, Policies and Programs for the 6th Cycle Housing Element (Paul) 08 - Staff Report and Attachments - GPU Housing Element 08 - Staff Report and Attachments - GPU Housing Element 8 - Public Comment - Darren Racusen
8 - Public Comment - Ali Gaylor (GPAC Housing working Group) 8 - Public Comment Attachment - Ali Gaylor
8 - Public Comment - Taryn Obaid
Principal Planner, Christina Paul, led the presentation of the staff report.
Councilmembers asked questions of staff.
Mayor Barrett opened public comment.
Darren Racusen
Susan Kirks
Caitlin Garfield
Ben Peters
Calum Weeks
Veronica O
M Sullivan
Mayor Barrett closed public comment.
Councilmembers discussed the item and provided input on identified sites and program priorities.
Mayor Barrett called for a recess at 9:28p.m. and thereafter reconvened the meeting at 9:35 p.m.
PUBLIC HEARINGS
9. Introduction (First Reading) of an Ordinance Approving a Zoning Text Amendment to Modify Table 4.3 (Allowed Land Uses and Permit Requirements for Mixed Use Zones) and Table 4.4 (Allowed Land Use and Permit Requirements for Commercial, Business Park, and Industrial Zones) of the Implementing Zoning Ordinance to Provide for Discretionary Review for General Retail, Grocery, and Building and Landscape Materials Sales Land Uses over 25,000 Square Feet and Associated Modifications to Chapter 28 (Glossary) to Clarify and Implement These Changes (Hines) 09 - Staff Report and Attachments - ZTA for Large Commercial - REVISED 7-13-22 9 - Public Comment - Dr. Chrales S. Syers
9 - Public Comment - Linda Howard
9 - Public Comment - Lois Campton (Club Pilates Petaluma) 9 - Public Comment - Alicia Guerra
9 - Public Comment - Julie Kusasek
9 - Public Comment - Tiona Gundry
9 - Public Comment - Barry Bussewitz
9 - Public Comment - Stacey Earl
9 - Public Comment - Kim Corbin
9 - Public Comment - Naomi Crawford
9 - Public Comment - Lily Huang
9 - Public Comment - Christopher L. Stiles
9 - Public Comment - Moni Calhoun
9 - Public Comment - Deborah Garber
9 - Public Comment - Robert Chase
9 - Public Comment - Dave Garti
9 - Public Comment - Beth Meredith
9 - Public Comment - Carla Odetto
Planning Manager, Andrew Trippel, presented the staff report.
Councilmembers asked questions of staff.
Mayor Barrett opened public comment.
Charles Syers
Lois Campton
William Hatcher
Katy Schardt
Susan Kirks
Alicia Guerra
M Sullivan
Mariela
Chris
Veronica O
Christine
Ali Gaylord
Mayor Barrett closed public comment.
Motion to Approve the Introduction (First Reading) of Ordinance No. 2820 N.C.S.
Approving a Zoning Text Amendment to Modify Table 4.3 (Allowed Land Uses and Permit Requirements for Mixed Use Zones) and Table 4.4 (Allowed Land Use and Permit Requirements for Commercial, Business Park, and Industrial Zones) of the Implementing Zoning Ordinance to Provide for Discretionary Review for General Retail, Grocery, and Building and Landscape Materials Sales Land Uses over 25,000 Square Feet and Associated Modifications to Chapter 28 (Glossary) to Clarify and Implement These Changes made by D'Lynda Fischer, seconded by Kevin McDonnell.
Vote: Motion carried 6 - 1.
Yes: D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Dave King, Kevin McDonnell, and Dennis Pocekay.
No: Mike Healy.
10. Public Hearing to Receive Public Comment, Amend the Engineer’s Report as Appropriate, and Adopt Resolutions Ordering the Improvements, Confirming the Engineer’s Report and Levying Annual Assessments for Landscape Assessment Districts Fiscal Year 2022-2023 (Teddy/Chong/Bolt)
10 LADS Staff Report and Attachments Updated 7.18.22
Director of Public Works and Utilities, Christopher Bolt, presented the staff report.
Councilmembers asked questions of staff.
Mayor Barrett opened the public hearing.
Susan Kirks
Mayor Barrett closed public comment.
Motion to Approve Resolution No. 2022-122 N.C.S. Ordering the Improvements, Confirming the Engineer’s Report and Levying Annual Assessments for Landscape Assessment Districts Fiscal Year 2022-2023 (no recusals) made by Kevin McDonnell, seconded by D'Lynda Fischer.
Vote: Motion carried 7 - 0.
Yes: D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
Councilmembers Barnacle and McDonnell announced recusals for Landscape Assessment Districts within 500 feet of their properties and subsequently left the Council Chamber prior to the vote for those districts.
Motion to Approve Resolution No. 2022-123 N.C.S. Ordering the Improvements, Confirming the Engineer’s Report and Levying Annual Assessments for Landscape Assessment Districts Fiscal Year 2022-2023 (Barnacle recused properties) made by Kevin McDonnell, seconded by D'Lynda Fischer.
Vote: Motion carried 6 - 0.
Yes: D'Lynda Fischer, Teresa Barrett, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
Recused: Brian Barnacle.
Motion to Approve Resolution No. 2022-124 N.C.S. Ordering the Improvements, Confirming the Engineer’s Report and Levying Annual Assessments for Landscape Assessment Districts Fiscal Year 2022-2023 (McDonnell recused properties) made by Dennis Pocekay, seconded by D'Lynda Fischer.
Vote: Motion carried 6 - 0.
Yes: D'Lynda Fischer, Teresa Barrett, Brian Barnacle, Mike Healy, Dave King, and Dennis Pocekay.
Recused: Kevin McDonnell.
ADJOURN
0 American with Disabilities Act Accommodations Any member of the public who needs accommodations should email the City Clerk at [email protected] or by calling 707- 778-4360. The City Clerk will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Page 4 CITY OF
PETALUMA, CALIFORNIA REGULAR MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY (PCDSA) Page 1
Mayor Barrett adjourned the meeting at 10:02 p.m.