HomeMy WebLinkAboutCity Council/PCDSA Minutes 06/03/2013 June 3, 2013 Vol. 46, Page 363
e'r City of Petaluma, California
A vik 9 MEETING OF THE CITY COUNCIL/
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PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
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1 City Council/PCDSA Minutes
2 Monday, June 3, 2013
3 Regular Meeting
4
5
6 MONDAY, JUNE 3, 2013
7 CLOSED SESSION- 6:00 P.M.
8
9
10 CALL TO ORDER - CLOSED SESSION
11
12 A. Roll Call
13
14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
15 Mike Healy; Gabe Kearney; Kathy Miller
16 Absent: None
17
18 CLOSED SESSION
19
20 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957.
21 Title:City Manager
22
23 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6:
24 Agency Designated Representatives: David Glass, Chris Albertson, Mike Healy; Unrepresented
25 Employee: City Attorney.
26
27 City Attorney Danly announced that a CLOSED SESSION item would be added to tonight's
28 agenda under Government Code Section 54954.2, because there is a need for Council action
29 at tonight's meeting on an item that was not on tonight's posted agenda. The need for
30 immediate action came to the City's attention after the agenda for tonight's meeting was
31 posted. The facts that establish the need to take action are that the City has received a time-
32 sensitive proposal with respect to the litigation called "Bryant Moynihan vs. City of Petaluma,
33 Sonoma County Superior Court Case SCV-250959." If Council wished to add that item, it must be
34 by a four-fifths vote.
35
36 Motion: Approve adding an to tonight's agenda in accordance with Government Code Section
37 54954.2(b) because there is a need to take immediate action on the item, and that need came
38 to the City's attention after the agenda for tonight's meeting was posted. The agenda reads as
39 follows: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION: Subdivision (a) of California
40 Government Code Section 54956.9: Bryant Moynihan vs. City of Petaluma, Sonoma County
41 Superior Court No. SCV-259059.
42
43 Moved by Mike Healy, seconded by Gabe Kearney.
44
45
Vol. 46, Page 364 June 3, 2013
1 Vote: Motion carried 7-0
2
3 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
4 Mike Healy; Gabe Kearney; Kathy Miller
5 No: None
6 Abstain: None
7 Absent: None
8
9 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision(a) of California Government
10 Code Section 54956.9: Bryant Moynihan vs. City of Petaluma, Sonoma County Superior Court No. SCV-
11 259059.
12
13 PUBLIC COMMENT ON CLOSED SESSION ITEMS
14
15 None.
16
17 ADJOURN TO CLOSED SESSION
18
19
20
21 MONDAY, JUNE 3, 2013
22 EVENING SESSION- 7:00 7:12 P.M.
23
24
25 CALL TO ORDER - EVENING SESSION
26
27 A. Roll Call
28
29 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
30 Mike Healy; Gabe Kearney; Kathy Miller
31 Absent: None
32
33 B. Pledge of Allegiance
34 Vice Mayor Albertson
35
36 C. Moment of Silence
37
38 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
39
40 There was Council consensus to reverse the order of Items 4.B and 4.C.
41
42 PROCLAMATIONS
43
44 • Paragon Label / Mrs. Grossman's Day - June 3, 2013
45
46 Mayor Glass
47
48 • John Records Day - June 3, 2013 - AddethwithiAgendv..I2eiviision o-. 1 - 77un.rkday,
49 May 30, 2013.
50
51 Mayor Glass
52
June 3, 2013 Vol. 46, Page365
1 John Records, Committee on the Shelterless (COTS)
2
3 Vice Mayor Albertson
4
5 • United States Army Week - June 9-15, 2013
6
7 Mayor Glass
8
9 Sergeant First Class Michael Muldrow
10
11 • Petaluma Lesbian, Gay, Bisexual and Transgender Pride Month - June 2013
12
13 Mayor Glass
14
15 Council Member Kearney
16
17 PRESENTATIONS
18
19 • Youth Commission
20
21 Council Member Harris
22
23 Amy Jin, Youth Commission Member
24
25 Jhordy Gongora, Youth Commission Member
26
27 Hayley Lynch, Youth Commission Member
28
29 Ms. Jin
30
31 Council Member Harris
32
33 "_-,=to a nageme;t-Agency-Annuel-Re•
34 {Henry Mikus}-Mr. Mikus was not present.
35
36 • PG & E Update (Katie Kerns Davis)
37
38 Mayor Glass
39
40 Katie Kerns Davis, Senior Program Manager in Government and Community Partnerships,
41 Pacific Gas & Electric Company (PG&E)
42
43 Mayor Glass
44
45 Council Member Barrett
46
47 Ms. Davis
48
49 Council Member Barrett
50
51
52
Vol. 46, Page 366 June 3, 2013
1 GENERAL PUBLIC COMMENT
2
3 Peter Tscherneff, Petaluma, read a quotation from Johann Wolfgang von Goethe and discussed
4 financial matters.
5
6 Richard Giddens, Petaluma, spoke regarding the Petaluma flood fix.
7
8 John Cheney, Petaluma, spoke regarding the Petaluma flood fix.
9
10 Rich Inman, Petaluma, for Dick Sharkey, McDowell Drug Task Force, spoke regarding the length
11 of time allowed for safe and sane fireworks sales.
12
13 Mayor Glass
14
15 Zen Destiny, Petaluma, spoke about various topics.
16
17 Bruce Hagen, Petaluma, spoke regarding a carbon tax as well as the Petaluma flood fix.
18
19 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
20
21 COUNCIL COMMENT
22
23 Council Member Harris
24
25 Council Member Kearney
26
27 Mayor Glass
28
29 Council Member Barrett
30
31 Vice Mayor Albertson
32
33 Council Member Healy
34
35 Council Member Miller
36
37 Mayor Glass
38
39 CITY MANAGER COMMENT
40
41 City Manager Brown
42
43 Mayor Glass
44
45 City Manager Brown
46
47 Director of Public Works and Utilities Dan St. John
48
49 Council Member Healy
50
51 Director St. John
52
June 3, 2013 Vol. 46, Page 367
1 Council Member Healy
2
3 Director St. John
4
5 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
6
7 None.
8
9 1. APPROVAL OF MINUTES
10
11 None.
12
13 2. APPROVAL OF PROPOSED AGENDA
14
15 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of
16 Monday, June 17, 2013.
17
18 Mayor Glass
19
20 Council Member Healy
21
22 Motion: Approve addition to the June 17, 2013 City Council/PCDSA Regular
23 Meeting agenda of an item regarding the number of days that fireworks are
24 allowed to be sold in the City of Petaluma.
25
26 Moved by Mike Healy, seconded by Kathy Miller.
27
28 Vote: Motion carried 5-2
29
30 Yes: Chris Albertson; Mike Harris;
31 Mike Healy; Gabe Kearney; Kathy Miller
32 No: Teresa Barrett; David Glass
33 Abstain: None
34 Absent: None
35
36 Vice Mayor Albertson
37
38 Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting of
39 Monday, June 17, 2013, withithR.,ad.ditto-wof awiteitirecga4't nci'the
40 number of days-that fireworks-rreworks-are,&.lowed to-by Soul in'the'city of
41 {etalamcu.
42
43 Moved by Gabe Kearney, seconded by Kathy Miller.
44
45 Vote: Motion carried 7-0
46
47 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
48 Mike Healy; Gabe Kearney; Kathy Miller
49 No: None
50 Abstain: None
51 Absent: None
52
Vol. 46, Page 368 June 3, 2013
1 3. CONSENT CALENDAR
2
3 A. Resolution 2013-054 N.C.S. Approving Claims and Bills for April 2013. (Mushallo)
4
5 B. Adoption (Second Reading) of Ordinance 2457 N.C.S. (General Fund); Ordinance
6 2458 N.C.S. (Enterprise Funds); Ordinance 2459 N.C.S. (Internal Service Funds);
7 Ordinance 2460 N.C.S. (Special Revenue Funds); and, Ordinance 2461 N.C.S.
8 (Capital Projects and Debt Funds) Appropriating Funds for the Operation of the
9 City of Petaluma from July 1, 2013 through June 30, 2014. (Mushallo)
10
11 C. Resolution 2013-055 N.C.S. to Receive and File the City Treasurer's Report Dated
12 March 30, 2013. (Mushallo)
13
14 D. Resolution 2013-058 N.C.S. Approving the City of Petaluma Investment Policy and
15 Delegating Investment Authority to the City Treasurer for Fiscal Year 2013-2014.
16 (Mushallo)
17
18 E. Resolution 2013-056 N.C.S. Setting the Gann Appropriations Limit for FY 2013-2014.
19 (Mushallo)
20
21 F. Resolution 2013-057 N.C.S. Revising Resolution No. 2008-198 N.C.S., Which
22 Endorsed Application for an Urban Streams Restoration Grant for the Denman
23 Reach Phase 3 Project, to Amend the City's Project Manager from the DWR&C
24 Engineering Manager to the Engineering Manager. (St. John/Zimmer)
25
26 Mayor Glass opened Public Comment on the CONSENT CALENDAR.
27
28 Zen Destiny, Petaluma, (Item 3.B) spoke regarding the Police Captain positions in the
29 budget.
30
31 Zen Destiny, Petaluma, (Item 3.D) spoke regarding capitalism and socialism.
32
33 Richard Brawn, Petaluma, (Item 3.8) spoke regarding the garbage franchise agreement
34 and discussed the City's fiduciary obligations.
35
36. John Cheney, Petaluma, (Item 3.F) discussed the Petaluma flood fix.
37
38 Richard Giddings, Petaluma, (Item 3.F) thanked the Council Members for their comments
39 on the flooding issue.
40
41 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the
42 CONSENT CALENDAR.
43
44 Motion: Approve CONSENT CALENDAR Items 3.A, 3.B, 3.C, 3.E, and 3.F.
45
46 Moved by Mike Healy, seconded by Kathy Miller.
47
48 Vote: Motion carried 7-0
49
50 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
51 Mike Healy; Gabe Kearney; Kathy Miller
52 No: None
June 3, 2013 Vol. 46, Page 369
1 Abstain: None
2 Absent: None
3
4 Mayor Glass
5
6 Council Member Barrett
7
8 Mayor Glass
9
10 Vice Mayor Albertson
11
12 Finance Director Bill Mushallo
13
14 Carlos Oblites, Investment Advisor, PFM
15
16 Mayor Glass
17
18 Mr. Oblites
19
20 Mayor Glass
21
22 Council Member Healy
23
24 City Attorney Danly
25
26 Mr. Oblites
27
28 Council Member Healy
29
30 Mr. Oblites
31
32 Council Member Healy
33
34 Mayor Glass
35
36 Council Member Healy
37
38 Mr. Oblites
39
40 Council Member Healy
41
42 Director Mushallo
43
44 Council Member Healy
45
46 Mayor Glass
47
48 Council Member Healy
49
50 Mayor Glass
51
52 Council Member Kearney
Vol. 46, Page 370 June 3, 2013
1
2 City Manager Brown
3
4 Mayor Glass
5
6 Council Member Barrett
7
8 Mayor Glass
9
10 Council Member Barrett
11
12 Mayor Glass
13
14 Council Member Healy
15
16 City Manager Brown
17
18 Director Mushallo
19
20 Mayor Glass
21
22 City Attorney Danly
23
24 Mayor Glass
25
26 Council Member Barrett
27
28 Mayor Glass
29
30 Council Member Barrett
31
32 Mayor Glass
33
34 City Attorney Danly
35
36 Council Member Miller
37
38 City Attorney Danly
39
40 Motion: Approve D. Resolution 2013-058 N.C.S. Approving the City of Petaluma
41 Investment Policy and Delegating Investment Authority to the City Treasurer for Fiscal
42. Year 2013-2014, (1/2a.snendec&to-add, tiv the,fourth,pat-do-rap h,of the,
43 re-$oLut en, after the,wordy"ate shown,Ln.EwhLbi'A, attached','I the
44 follow in&y: pravtded that the t vebtmenttype/LW-ec&on paged,and.13 a.nd,14
45 of Exh&bttA are'proku;bite ,wwtththeCity CowncLt reconsiders,aind.provittek
46 updated.approval.for the,City of Petalu.wra.l wvebtwevtitPolLcy.
47
48 Moved by David Glass, seconded by Teresa Barrett.
49
50 Vote: Motion carried 7-0
51
52 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
June 3, 2013 Vol. 46, Page 371
1 Mike Healy; Gabe Kearney; Kathy Miller
2 No: None
3 Abstain: None
4 Absent: None
5
6 4. NEW BUSINESS
7
8 A. Introduction and Adoption of Urgency Ordinances: Ordinance 2462 N.C.S.
9 (General Fund); Ordinance 2463 N.C.S. (Special Revenue and Trust Funds);
10 Ordinance 2464 N.C.S. (Capital Project Funds); Ordinance 2465 N.C.S. (Enterprise
11 Funds); and, Ordinance 2466 N.C.S. (Internal Service Funds) Changing Certain FY
12 2012-13 City Appropriations Due to Fiscal Year End Budget Adjustments.
13 (Mushallo)
14
15 Finance Director Bill Mushallo
16
17 Vice Mayor Albertson
18
19 Director Mushallo
20
21 Motion: Approve A. Introduction and Adoption of Urgency Ordinances:
22 Ordinance 2462 N.C.S. (General Fund); Ordinance 2463 N.C.S. (Special Revenue
23 and Trust Funds); Ordinance 2464 N.C.S. (Capital Project Funds); Ordinance 2465
24 N.C.S. (Enterprise Funds); and, Ordinance 2466 N.C.S. (Internal Service Funds)
25 Changing Certain FY 2012-13 City Appropriations Due to Fiscal Year End Budget
26 Adjustments.
27
28 Moved by Gabe Kearney, seconded by Teresa Barrett.
29
30 Mayor Glass opened Public Comment on Item 4.A.
31
32 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
33 4.A.
34
35 Vote: Motion carried 7-0
36
37 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
38 Mike Healy: Gabe Kearney: Kathy Miller
39 No: None
40 Abstain: None
41 Absent: None
42
43 Item 4.0 was heard next:
44
45 C. PCDSA Resolution 2013-03 and Introduction (First Reading) of Ordinance 2467
46 N.C.S. Approving an Assignment and Assumption Agreement between the
47 Petaluma Community Development Successor Agency and the City of Petaluma
48 for the Commercial Lease of the Train Depot Buildings and PCDSA Resolution
49 2013-04 Approving the Successor Agency Recognized Obligation Payment
50 Schedule for the Period January 1, 2014 through June 30, 2014 (ROPS #13-14B).
51 (Alverde)
52
Vol. 46, Page 372 June 3, 2013
1 Economic Development Manager Ingrid Alverde
2
3 Mayor Glass opened Public Comment on Item 4.C.
4
5 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
6 4.C.
7
8 Motion: Approve C. PCDSA Resolution 2013-03 and Introduction (First Reading) of
9 Ordinance 2467 N.C.S. Approving an Assignment and Assumption Agreement
10 between the Petaluma Community Development Successor Agency and the City
11 of Petaluma for the Commercial Lease of the Train.Depot Buildings and PCDSA
12 Resolution 2013-04 Approving the Successor Agency Recognized Obligation
13 Payment Schedule for the Period January 1, 2014 through June 30, 2014(ROPS
14 #13-14B).
15
16 Moved by Gabe Kearney, seconded by Mike Healy.
17
18 Vote: Motion carried 7-0
19
20 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
21 Mike Healy; Gabe Kearney; Kathy Miller
22 No: None
23 Abstain: None
24 Absent: None
25
26 B. Resolution 2013-059 N.C.S. Recommending Appointment of Lc ,u-LviGa7l aw
27 Sonoma, to the Mayors' 8 Councilmembers' Association to Fill a Vacancy on
28 the Sonoma County Agricultural Preservation and Open Space District Citizens
29 Advisory Committee. (Brown)
30
31 Motion: Approve B. Resolution 2013-059 N.C.S. Recommending Appointment of
32 Lattvte'Gallictin, Sonoma, to the Mayors' 8 Councilmembers' Association to
33 Fill a Vacancy on the Sonoma County Agricultural Preservation and Open Space
34 District Citizens Advisory Committee.
35
36 Moved by Teresa Barrett, seconded by Kathy Miller.
37
38 Vote: Motion carried 7-0
39
40 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
41 Mike Healy; Gabe Kearney; Kathy Miller
42 No: None
43 Abstain: None
44 Absent: None
45
46 Council then returned to CLOSED SESSION.
47
48 CLOSED SESSION
49
50 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957.
51 Title: City Manager
June 3, 2013 Vol. 46, Page 373
1 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6:
2 Agency Designated Representatives: David Glass, Chris Albertson, Mike Healy; Unrepresented
3 Employee: City Attorney.
4
5 PUBLIC COMMENT ON CLOSED SESSION ITEMS
6
7 None.
8
9 ADJOURN TO CLOSED SESSION
10
11 RECONVENE REGULAR MEETING
12
13 A. Roll Call
14
15 Present: Chris.Albertson; Teresa Barrett; David Glass; Mike Harris;
16 Mike Healy; Gabe Kearney; Kathy Miller
17 Absent: 'None
18
19 REPORT OUT OF CLOSED SESSION (Actions Taken)
20
21 None.
22
23 4. NEW BUSINESS, continued
24
25 D. Resolution 2013-060 N.C.S. Accepting the Recommendations of the City Council
26 Committee to Establish an In-House City Attorney's Office, and Approving an At-
27 Will Agreement for Employment of the City Attorney, Authorizing the Mayor to
28 Execute Said Agreement. (Brown)
29
30 Mayor Glass
31
32 Mayor Glass opened Public Comment on Item 4.D.
33
34 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
35 4.D.
36
37 City Manager Brown
38
39 Mayor Glass
40
41 Council Member Harris
42
43 Council Member Healy
44
45 Vice Mayor Albertson
46
47 Mayor Glass
48
49 City Attorney Danly
50
51 Motion: Approve D. Resolution 2013-060 N.C.S. Accepting the Recommendations
52 of the City Council Committee to Establish an In-House City Attorney's Office, and
Vol. 46, Page 374 June 3, 2013
1 Approving an At-Will Agreement for Employment of the City Attorney, Authorizing
2 the Mayor to Execute Said Agreement.
3
4 Moved by Kathy Miller, seconded by Gabe Kearney.
5
6 Vote: Motion carried 7-0
7
8 Yes: Chris Albertson: Teresa Barrett; David Glass; Mike Harris;
9 Mike Healy; Gabe Kearney; Kathy Miller
10 No: None
11 Abstain: None
12 Absent: None
13
14 Council Member Kearney
15
16 City Manager Brown
17
18 City Attorney Danly
19
20 ADJOURN
21
22 Motion: Adjourn the meeting.
23
24 Moved by Teresa Barrett, seconded by David Glass.
25
26 Vote: Motion carried 7-0
27
28 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
29 Mike Healy; Gabe Kearney; Kathy Miller
30 No: None
31 Abstain: None
32 Absent: None
33
34 The meeting was adjourned at 9:52 p.m.
iiGt%c
39 David Glass, Mayor
40
41
42
43
44 ATTEST:
45
46
48 v utis
49 Claire Cooper, City Clerk
50
51
52