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, August 1, 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/86280678723 (Use raise hand feature to speak)
Call-In via Telephone: +1 (346) 248-7799 Meeting ID: 862 8067 8723 (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 August 1, 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.
REGULAR SESSION - 6:30 p.m.
CALL TO ORDER
* ROLL CALL
PRESENT:Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
ABSENT: None.
* PLEDGE OF ALLEGIANCE
* MOMENT OF SILENCE
Mayor Barrett called the meeting to order at 6:30 p.m.
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
None.
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).
Mayor Barrett opened public comment.
John Hanania
Darren Racusen
Peter Tscherneff
Taryn Obaid
Mayor Barrett closed public comment.
COUNCIL COMMENT
Vice Mayor Pocekay
Councilmember Healy
Councilmember Barnacle
Councilmember Fischer
Councilmember McDonnell
Councilmember King
Mayor Barrett
CITY MANAGER COMMENT
Assistant City Manager Brian Cochran
APPROVAL OF PROPOSED AGENDA
1. Approval of Agendas for City Council/PCDSA Regular Meetings of August 8, 2022 and September 12, 2022
1 Tentative Agendas - August 8 and September 12, 2022
Motion to Approve the Agendas for City Council/PCDSA Regular Meetings of August 8, 2022 and September 12, 2022 made by Dennis Pocekay, seconded by Dave King.
Vote: Motion carried 7 - 0.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
CONSENT CALENDAR
2. Resolution Repealing the City of Petaluma’s Conflict of Interest Code (Resolution No. 2020-154 N.C.S.) and any Conflicting Resolutions and Adopting by Reference the Model Conflict of Interest Code Set Forth in Title 2, Section 18730 of the California Code of Regulations and Taking Related Actions (Rose)
2 COI Code Update - Staff Report and Attachments
3. Resolution Authorizing the City Manager to Execute a Cooperative Funding Agreement (Measure M) Between the Sonoma County Transportation Authority (SCTA) and the City of Petaluma for Initial Planning and Concept Designs of Bicycle and Pedestrian Access Across Highway 101 at the Corona Road Bridge and the McKenzie Avenue Pedestrian Bridge (Eichstaedt)
3 Measure M COOP Agreement - Staff Report and Attachments - REVISED 8/1/2022
4. Resolution Accepting Completion of the Corporation Yard Demolition Phase 2, Project Number E66502027, by Maggiora & Ghilotti, Inc. (Minshall/Petnic/Bolt) 4 Corp Yard Demo Phase 2 - Staff Report and Attachments
5. Resolution Authorizing the City of Petaluma to Reduce its May 2022 Application for Grant Funding from the State of California Department of Housing and Community Development Local Housing Trust Fund Program (Shimizu/Cochran) UNFINISHED
BUSINESS
5 LHTF - Staff Report and Attachments
Mayor Barrett opened public comment, receiving none, she closed public comment.
Motion to Approve the Consent Calendar (Resolution Nos. 2022-125 N.C.S. Repealing the City of Petaluma’s Conflict of Interest Code and any Conflicting Resolutions and Adopting by Reference the Model Conflict of Interest Code Set Forth in Title 2, Section 18730 of the California Code of Regulations; 2022-126 N.C.S. Authorizing the City Manager to Execute a Cooperative Funding Agreement (Measure M) Between the Sonoma County Transportation Authority (SCTA) and the City of Petaluma for Initial Planning and Concept Designs of Bicycle and Pedestrian Access Across Highway 101 at the Corona Road Bridge and the McKenzie Avenue Pedestrian Bridge; 2022-127 N.C.S. Accepting Completion of the Corporation Yard Demolition Phase 2, Project Number E66502027, by Maggiora & Ghilotti, Inc.; and 2022-128 N.C.S. Authorizing the City of Petaluma to Reduce its May 2022 Application for Grant Funding from the State of California Department of Housing and Community Development Local Housing Trust Fund Program) made by D'Lynda Fischer, seconded by Mike Healy.
Vote: Motion carried 7 - 0.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
UNFINISHED BUSINESS
6. Adoption (Second 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; the Ordinance is Exempt from CEQA Pursuant to CEQA Guidelines Sections 15378, 15308, and 15183 (Hines)
6 ZTA for Large Commercial - Staff Report and Attachments 6 - Public Comment - Christopher L. Stiles
Interim Community Development Director, Heather Hines, presented the staff report.
Mayor Barrett opened public comment, receiving none, she closed public comment.
Motion to Approve the Adoption (Second 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; the Ordinance is Exempt from CEQA Pursuant to CEQA Guidelines Sections 15378, 15308, and 15183 made by D'Lynda Fischer, seconded by Dennis Pocekay.
Vote: Motion carried 6 - 1.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Dave King, Kevin McDonnell, and Dennis Pocekay.
No: Mike Healy.
NEW BUSINESS
7. Resolution Repealing Resolution No. 2021-102 N.C.S. and Adopting the City of Petaluma Amended 2020 Water Shortage Contingency Plan and Resolution Repealing Resolution No. 2021-151 N.C.S and Authorizing the City Manager to Implement the City’s Amended 2020 Water Shortage Contingency Plan, Stage 4 within the Area Served by the City of Petaluma Public Water System (Thompson) 7 WSCP - Staff Report and Attachments
7 WSCP - Presentation
7 - Public Comment - Mary Beth Leland
7 - Public Comment - Eric Leland
Environmental Services Analyst, Chelsea Thompson, presented the staff report.
Councilmembers asked questions of staff.
Mayor Barrett opened public comment.
Darren Racusen
Susan Kirks
Michael Neudeck
MB Leland
John Shribbs
Paul G
Ben Peters
Taryn Obaid
Mayor Barrett closed public comment.
Motion to Approve Resolution No. 2022-129 N.C.S. Repealing Resolution No. 2021- 102 N.C.S. and Adopting the City of Petaluma Amended 2020 Water Shortage Contingency Plan and Resolution No. 2022-130 N.C.S. Repealing Resolution No. 2021-151 N.C.S and Authorizing the City Manager to Implement the City’s Amended 2020 Water Shortage Contingency Plan, Stage 4 within the Area Served by the City of Petaluma Public Water System made by Mike Healy, seconded by D'Lynda Fischer.
Vote: Motion carried 6 - 1.
Yes: Teresa Barrett, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
No: Brian Barnacle.
8. Ordinance of the City Council of the City of Petaluma Amending Section 15.17.090 of the Petaluma Municipal Code Entitled “Applicability of Water Emergency Regulations” (Thompson)
8 Amendment 15.17.090 - Staff Report and Attachments
8 Amendment 15.17.090 - Presentation
Assistant City Attorney, Dylan Brady, presented the staff report.
Mayor Barrett opened public comment.
Darren Racusen
Mayor Barrett closed public comment.
Motion to Approve the Introduction (First Reading) of Ordinance No. 2821 N.C.S. of the City Council of the City of Petaluma Amending Section 15.17.090 of the Petaluma Municipal Code Entitled “Applicability of Water Emergency Regulations” made by Mike Healy, seconded by Dennis Pocekay.
Vote: Motion carried 7 - 0.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
9. Resolution Approving a Local Roadway Safety Plan and Authorizing the Director of Public Works and Utilities, or Designee(s) to Implement this Plan (Stutsman) 9 LRSP - Staff Report and Attachment 1 - REVISED 8/1/2022 9 LRSP - Attachment 2 - Draft Plan
9 LRSP - Presentation
9 Public Comment - Bruce Hagen
Director of Public Works and Utilities, Christopher Bolt, presented the staff report along with City Engineer, Jeff Stutsman, and Senior Transportation Project Manager, GHD, Inc., Kathryn Kleinschmidt.
Councilmembers asked questions of staff.
Mayor Barrett opened public comment.
Bruce Hagen
Paul G
John Shribbs
Mayor Barrett closed public comment.
Motion to Approve Resolution No. 2022-131 N.C.S. Approving a Local Roadway Safety Plan and Authorizing the Director of Public Works and Utilities, or Designee(s) to Implement this Plan made by Brian Barnacle, seconded by D'Lynda Fischer.
Vote: Motion carried 7 - 0.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
PUBLIC HEARING
10. Public Hearing and Introduction of an Ordinance of the City of Petaluma Authorizing the Levy of the Annual Special Tax for the Community Facilities District No. 2016-01 (Petaluma Riverfront Community) for the Fiscal Year 2022/23 (Stutsman/Brady) 10 Riverfront CFD - Staff Report and Attachments
City Engineer, Jeff Stutsman, presented the staff report.
Mayor Barrett opened public comment, receiving none, she closed public comment.
Motion to Approve the Introduction of Ordinance No. 2822 N.C.S. of the City of Petaluma Authorizing the Levy of the Annual Special Tax for the Community Facilities District No. 2016-01 (Petaluma Riverfront Community) for the Fiscal Year 2022/23 made by Mike Healy, seconded by Dave King.
Vote: Motion carried 7 - 0.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
Mayor Barrett called for a five minute recess and thereafter reconvened the meeting at 9:40 p.m.
11. Public Hearing and Introduction of an Ordinance of the City Council of the City of Petaluma Amending the Petaluma Municipal Code to Add Chapter 6.60 Entitled, "Residential Tenancy Protections" (Danly/Brady)
11 - Tenant Protections - Staff Report and Attachment
11 - Tenant Protections - Errata (redline ordinance)
11 - Tenant Protections - Presentation
11 - Public Comment - Angela Yesson and Jackson Sim
11 - Public Comment - Denise Sperling
11 - Public Comment - Dennis Park
11 - Public Comment - Tina Yesson
11 - Public Comment - Tracey Truttman ( Vanguard Properties) 11 - Public Comment - Marcia Datson
11 - Public Comment - Cammie Sauve
11 - Public Comment - Cindy Learned
11 - Public Comment - John Feagans
11 - Public Comment - Evan Kishineff
11 - Public Comment - Mark Ryan
11 - Public Comment - Patty Kong
11 - Public Comment - David Corkill
11 - Public Comment - Naomi Crawford
11 - Public Comment - Dani Eaton
11 - Public Comment - Kirstyne Lange
11 - Public Comment - Martin Melendy
11 - Public Comment - Sierra Lewitter
11 - Public Comment - Belen Lopez-Grady
11 - Public Comment - Kerry Mahoney Davison
11 - Public Comment - Margaret Sorrel
11 - Public Comment - Allegra Wilson
11 - Public Comment - Ellen Obstler
11 - Public Comment - Dr. Morgan Marchbanks,EdD
11 - Public Comment - Diana Kingsbury
11 - Public Comment - Kason Grady
11 - Public Comment - Jean Ger
11 - Public Comment - Pinaula Joshua
11 - Public Comment - Sigrid Ewald
11 - Public Comment - Cody Ender
11 - Public Comment - Mary Davies
11 - Public Comment - Ginny Doyle
11 - Public Comment - Christopher Marlowe
11 - Public Comment - Chad Bolla
11 - Public Comment - David Hoffman
11 - Public Comment - Sue Carrell
11 - Public Comment - Fred Krieger
11 - Public Comment - Rachel Marcus
11 - Public Comment - Rio Molina
11 - Public Comment - Tonya Singer
11 - Public Comment - Rubyd Olvera
11 - Public Comment - Lisa Hunt
11 - Public Comment - Isabel Fischer
11 - Public Comment - Ann Baker
11 - Public Comment - Kelsey Vero
11 - Public Comment - Ann Edminster
11 - Public Comment - Michael Titone
11 - Public Comment - Noa
11 - Public Comment - Margaret DeMatteo (Legal Aid of Sonoma County) 11 - Public Comment - Marjorie Helm
11 - Public Comment - Elizabeth Avila (Sonoma County Tenants Union) 11 - Public Comment - Mark H.
11 - Public Comment - Heather Davis
Councilmember McDonnell announced a recusal due to a conflict of interest and left the Council Chamber.
City Attorney, Eric Danly, and Assistant City Attorney, Dylan Brady, presented the staff report.
Councilmembers asked questions of staff.
Mayor Barrett opened public comment.
Carol Porter
Jenny Rihl
Bonnie Parks-Merrill
Clayton Engstrom
Jaidene James
Judith Allewelt
Keith Becker
Michael Bloto
Council unanimously voted to continue the meeting past 11:00 p.m.
Paige D
Elizabeth Avila
Carolyn Gavriloff
Theresa Teuma
Karym Sanchez
Thomas Gehring
Korin Robles
Diana Kingsbury
Kate
Duane
Rhovy Lyn Antonio
Esaia Gonzalez
Kelsey Vero
Caitlin Quinn
Paul G
Davin Cardenas
Michael Titone
dmarshall
Pat McDonnell
Margaret DeMatteo
Joshua Howard
Jack Buckhorn
Mayor Barrett closed public comment.
Councilmembers discussed the item.
Motion to Approve the Introduction of Ordinance No. 2823 N.C.S. of the City Council of the City of Petaluma Amending the Petaluma Municipal Code to Add Chapter 6.60 Entitled, "Residential Tenancy Protections" with an amendment to add an expiration date of March 1, 2023 and redline edits as announced by City Attorney Eric Danly made by Brian Barnacle, seconded by D'Lynda Fischer.
Vote: Motion carried 4 - 2.
Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, and Dennis Pocekay.
No: Mike Healy, and Dave King.
Recused: Kevin McDonnell.
12. Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Approving the Oak Hill Municipal Well Project - Continuation to September 12, 2022 (ADDED WITH AGENDA REVISION NO. 1 ON 7/28/2022) 12 Oak Hill Well - Staff Report
Councilmember Barnacle recused from the item due to a conflict of interest and left the Council Chamber.
City Attorney, Eric Danly, and Assistant Director of Public Works and Utilities, Gina Benedetti-Petnic, presented the staff report.
Mayor Barrett opened public comment, receiving none, she closed public comment.
Motion to Continue Consideration of a Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Approving the Oak Hill Municipal Well Project to the City Council/PCDSA Regular Meeting of September 12, 2022 made by Mike Healy, seconded by Dennis Pocekay.
Vote: Motion carried 5 - 0.
Yes: Teresa Barrett, D'Lynda Fischer, Mike Healy, Dave King, and Dennis Pocekay.
Recused: Brian Barnacle, and Kevin McDonnell.
ADJOURN
Mayor Barrett adjourned the meeting at 12:49 a.m.