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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/ Co %-.01'`- PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY 785$ 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