HomeMy WebLinkAboutCity Council/PCDSA Minutes 08/05/2013 August 5, 2013 Vol. 46, Page 437
4 a City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
1856
1 City Council/PCDSA Minutes
2 Monday, August 5, 2013
3 Regular Meeting
4
5 MONDAY, AUGUST 5, 2013
6 CLOSED SESSION - 5:30 P.M.
7
8
9 CALL TO ORDER-CLOSED SESSION
10
11 A. Roll Call
12
13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
14 Mike Healy; Gabe Kearney; Kathy Miller
15 Absent: None
16
17 PUBLIC COMMENT ON CLOSED SESSION ITEMS
18
19 None.
20
21 CLOSED SESSION
22
23 • CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION:Subdivision (a) of California Government
24 Code Section 54956.9: Hollyn D'Lil and Richard Skaff v. City of Petaluma, et al., United States District
25 Court, Northern District of California, No. 3:11-CV-02088-JCS.
26 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
27 Code Section 54956.9: Peter Leabo and Susan Gail Gilmore v. City of Petaluma, et al., Sonoma County
28 Superior Court No. SCV-252234.
29 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
30 Code Section 54956.9: City of Petaluma, a charter city; Successor Agency to the Petaluma Community
31. Development Commission, a public entity v. Ana Matosantos, et al., Sacramento County Superior
32 Court No. 34-2012-80001321.
33 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
34 Code Section 54956.9:City of Petaluma, a charter city; Successor Agency to the Petaluma Community
35 Development Commission, a public entity v. Ana Matosantos, et al., Sacramento County Superior
36 Court No. 34-2013-80001459.
37 • CONFERENCE WITH REAL PROPERTY NEGOTIATORS: California Government Code Section 54956.8:
38 Property: Assessor's Parcel Numbers 007031004 and 007031005 (Fairgrounds property) Agency
39 negotiator: John Brown and Ingrid Alverde. Negotiating parties: Patricia Conklin and Joe
40 Barkett. Under negotiation: Instruction to negotiators concerning price, terms, and terms of
41 payment. - Added,wcth'AgendwRevtbion,No 1 - Thursday, August-1, 2013.
42 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
43 pursuant to subdivision (b) of Section 54956.9: One potential case. - Added,.wWthi,4 .enda/RevWen.
44 No 1 - Thursday, Automat 1, 2013.
45
46 ADJOURN TO CLOSED SESSION
Vol. 46, Page 438 August 5, 2013
1 MONDAY, AUGUST 5, 2013
2 EVENING SESSION - 7:00 P.M.
3
4
5 CALL TO ORDER- EVENING SESSION
6
7 A. Roll Call
8
9 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
10 Mike Healy; Gabe Kearney; Kathy Miller
11 Absent: None
12
13 B. Pledge of Allegiance
14 City Attorney Eric Danly
15
16 C. Moment of Silence
17
18 Mayor Glass asked that the meeting be adjourned in memory of Ray Johnson.and
19 George Rousseau.
20
21 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
22
23 None.
24
25 PROCLAMATION
26
27 • National Payroll Week - September 1-7, 2013
28
29 Mayor Glass
30
31 Leslie Ruhland, Accuchex, Novato
32
33 GENERAL PUBLIC COMMENT
34
35 Idan Kashani, Petaluma, discussed the benefits of composting.
36
37 Vice Mayor Albertson
38
39 Mayor Glass
40
41 Peter Tscherneff, Petaluma, spoke about freedom and liberty.
42
43 Mike Fry, Sonoma County Surfrider Association, Petaluma, spoke in support of the plastic bag
44 ban.
45
46 Richard Brawn, Petaluma, spoke about the state of the City's roads.
47
48 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
49
50 Terry Hilton, Redwood Empire Business Association, Santa Rosa, spoke in support of the plastic
51 bag ban, and thanked Council Member Harris for his help in bringing two new businesses to
52 town.
August 5, 2013 Vol. 46, Page 437
1
2 COUNCIL COMMENT
3
4 Council Member Barrett
5
6 Council Member Kearney
7
8 Council Member Harris
9
10 Council Member Miller
11
12 Council Member Healy
13
14 Vice Mayor Albertson
15
16 Mayor Glass
17
18 CITY MANAGER COMMENT
19
20 None.
21
22 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
23
24 None.
25
26 1. APPROVAL OF MINUTES
27
28 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, July 15,
29 2013.
30
31 The Minutes of the Regular City Council/PCDSA Meeting of Monday, July 15, 2013
32 were deemed,appvoved,awpreaented,
33
34 2. APPROVAL OF PROPOSED AGENDA
35
36 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of
37 Monday, September 9, 2013.
38
39 Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting
40 of Monday, September 9, 2013, a/a-presented,.
41
42 Moved by Gabe Kearney, seconded by Mike Harris.
43 Vote: Motion carried 7-0
44
45 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
46 Mike Healy; Gabe Kearney; Kathy Miller
47 No: None
48 Abstain: None
49 Absent: None
50
51
52
Vol. 46, Page 440 August 5, 2013
1 3. CONSENT CALENDAR
2
3 A. Resolution 2013-115 N.C.S. Approving Claims and Bills for June 2013. (Mushallo) -
4 Corrected/staff report provid di wi h,Agenda,RevbsiovvNo 1 -
5 T uwbday, August 1, 2013.
6
7 B. Adoption (Second Reading) of Ordinance 2472 N.C.S. Amending Part Ill of Title 15,
8 Section 15.48 and Section 15.64, of the Petaluma Municipal Code Concerning
9 City Sewers and Sewer Disposal. (St. John)
10
11 C. Resolution 2013-116 N.C.S. Authorizing the Petaluma Police Department to Apply
12 for and Accept Edward Byrne Memorial Justice Assistance Grant (JAG) Program
13 FY 2013 Local Solicitation Funds in the Amount of $12,815 for the Purchase of
14 Twelve Portable Radios, and Authorizing the City Manager to Execute all Grant
15 and Purchase Related Documents. (Williams)
16
17 Mayor Glass opened Public Comment on CONSENT CALENDAR items.
18
19 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT
20 CALENDAR items.
21
22 Motion: Approve CONSENT CALENDAR items 3.A, 3.B, and 3.C.
23
24 Moved by Teresa Barrett, seconded by Gabe Kearney.
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 4. UNFINISHED BUSINESS
35
36 A. Resolution 2013-117 N.C.S. - Resolution 2013-122 N.C.S. Appointing Individuals to
37 City Commissions and Committees. (Cooper) - Corrected.Attachment 8
38 provided,with.Ag-endafRevi4io Mo 1 - Tharaday, August-1, 2013.
39
40 Mayor Glass opened Public Comment on Item 4.A.
41
42 Susan Takami, Applicant for ASAC, spoke in support her application.
43
44 Vice Mayor Albertson
45
46 Mayor Glass
47
48 Gina Benedetti-Petnic, Applicant for Planning Commission, spoke in support her
49 application.
50
51 Carol Eber, Petaluma, Applicant for Youth Commission, spoke in support her
52 application.
August 5, 2013 Vol. 46, Page 437
1
2 Mike Grady, Applicant for Animal Services Advisory Committee, spoke in support
3 his application.
4
5 Myron Witt, Applicant for Transit Advisory Committee, spoke in support his
6 application.
7
8 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
9 on Item 4.A.
10
11 Council Member Healy
12
13 City Manager Brown
14
15 City Clerk Cooper collected the ballots for the Animal Services Advisory
16 Committee, and read the results as follows:
17
18 Vice Mayor Albertson: MLch.az Grady
19 Council Member Barrett: ,4&bte Walther
20 Mayor Glass: Ab1rieJWalther
21 Council Member Harris: Rorer Elliott
22 Council Member Healy: Ably Walther
23 Council Member Kearney: Rorer Elliott
24 Council Member Miller: Airirie Wa.ltheY
25
26 City Attorney Danly tallied the votes and announced that Abbi&Waltherhad
27 received the highest number of votes (Resolution 2013-117 N.C.S. Appointing
28 Abbie Walther to the Animal Services Advisory Committee to Serve a Three-
29 Year Term Expiring June 30, 2016).
30
31 Mayor Glass
32
33 Motion: Approve A. Resolution 2013-118 N.C.S. Appointing j.r. Wiek.to
34 the Planning Commission to Complete a Four-Year Term Expiring June 30, 2016.
35
36 Moved by David Glass, seconded by Gabe Kearney.
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 City Clerk Cooper collected the ballots for the Planning Commission and read
47 the results as follows:
48
49 Vice Mayor Albertson: CG ina,Ben.edetty-iretn o
50 Council Member Barrett: DavybJohwsow
51 Mayor Glass: DarybJohwson
Vol. 46, Page 442 August 5, 2013
1 Council Member Harris: Gi.nawBenedetty-f etnLci
2 Council Member Healy: GLna/Ben.edetty-f etnio
3 Council Member Kearney: GLna/Benedetty-Petnio
4 Council Member Miller: GLna.Benedett'-Petvu,c
5
6 City Attorney Danly tallied the votes and announced that G brut,Be tedettL-
7 tPetni,c had received the highest number of votes (Resolution 2013-119 N.C.S.
8 Appointing GLnwBenec etty-f et icito the Planning Commission to Complete a
9 Four-Year Term Expiring June 30, 2014).
10
11 Mayor Glass
12
13 City Clerk Cooper collected the ballots for the Transit Advisory Committee and
14 read the results as follows:
15
16 Vice Mayor Albertson: MyronWLtt
17 Council Member Barrett: EdwtVVM&Leary
18 Mayor Glass: EdwLvvMcLea.w
19 Council Member Harris: Myron/Witt
20 Council Member Healy: Edw cm/McLea.n,
21 Council Member Kearney: EdwinnMcLean,
22 Council Member Miller. EdwLrvMcLeaw
23
24 City Attorney Danly tallied the votes and announced that EdwtwMcLeawhad
25 received the highest number of votes(Resolution 2013-120 N.C.S.
26 Appointing EdwLn,Mclea.n.to the Transit Advisory Committee to Serve a Two-
27 Year Term Expiring June 30, 2015).
28
29 By unanimous consent of the Council, Bonnie'Marttn&was appointed to the
30 Senior Advisory Committee to Serve a Two-Year Term Expiring June 30, 2015
31 (Resolution 2013-121 N.C.S.1
32
33 Mayor Glass
34
35 City Clerk Cooper collected the ballots for the Youth Commission and read the
36 results as follows:
37
38 Vice Mayor Albertson: Carol Eber
39 Council Member Barrett: RacheLJudktn&&
40 Mayor Glass: Carob Eber
41 Council Member Harris: Carob Eber
42 Council Member Healy: CarobEber
43 Council Member Kearney: CarolEber
44 Council Member Miller: Carob Eber
45
46 City Attorney Danly tallied the votes and announced that CarobEberhad
47 received the highest number of votes(Resolution 2013-122 N.C.S.
48 Appointing Carol Eber to the Youth Commission to Serve a Two-Year Term
49 Expiring June 30, 2015).
August 5, 2013 Vol. 46, Page 437
1
2 Mayor Glass
3
4 B. Introduction (First Reading) of Ordinance 2473 N.C.S. Adding Chapter 8.38,
5 "Massage Establishments and Massage Professionals," to the City of Petaluma
6 Municipal Code. (Williams) - Conavwed from/ February 4, 2013
7 Meetw
8
9 Police Chief Pat Williams
10
11 Council Member Kearney
12
13 Chief Williams
14
15 Mayor Glass opened Public Comment on Item 4.B.
16
17 Michelle Wellington, Soft Shell, Petaluma, discussed her concerns with the
18 massage ordinance.
19
20 Stacy DeGooyer, Petaluma, spoke in support of the massage ordinance.
21
22 Tiahna Skye, National Holistic Institute, spoke in support of the massage
23 ordinance.
24
25 Debbie Fisher, Petaluma, spoke in support of the massage ordinance.
26
27 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
28 on Item 4.B.
29
30 Council Member Barrett
31
32 Chief Williams
33
34 Council Member Barrett
35
36 Chief Williams
37
38 Mayor Glass
39
40 Council Member Barrett
41
42 Council Member Harris
43
44 Chief Williams
45
46 Council Member Harris
47
48 Chief Williams
49
50 Council Member Harris
51
52 Vice Mayor Albertson
Vol. 46, Page 444 August 5, 2013
1
2 Council Member Healy
3
4 Council Member Miller
5
6 Motion: Approve B. Introduction (first Reading) of Ordinance 2473 N.C.S. Adding
7 Chapter 8.38, "Massage Establishments and Massage Professionals," to the City
8 of Petaluma Municipal Code. (Williams)
9
10 Moved by David Glass, seconded by Teresa Barrett.
11
12 Vote: Motion carried 7-0
13
14 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
15 Mike Healy; Gabe Kearney; Kathy Miller
16 No: None
17 Abstain: None
18 Absent None
19
20 5. NEW BUSINESS
21
22 A. Resolution 2013-123 N.C.S. Authorizing the Petaluma City Council to Unfreeze One
23 Fire Inspector Position Currently Frozen by Resolution 2008-186 N.C.S. (Anderson)
24
25 Fire Chief Larry Anderson
26
27 Mayor Glass
28
29 Vice Mayor Albertson
30
31 Chief Anderson
32
33 Council Member Healy
34
35 Chief Anderson
36
37 Council Member Healy
38
39 Council Member Barrett
40
41 Chief Anderson
42
43 Council Member Kearney
44
45 Chief Anderson
46
47 Mayor Glass
48
49 Chief Anderson
50
51 Mayor Glass opened Public Comment on Item S.A.
52
August 5, 2013 Vol. 46, Page 437
1 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
2 5.A.
3
4 Motion: Approve A. Resolution 2013-123 N.C.S. Authorizing the Petaluma City
5 Council to Unfreeze One Fire Inspector Position Currently Frozen by Resolution
6 2008-186 N.C.S.
7
8 Moved by David Glass, seconded by Mike Healy.
9
10 Vote: Motion carried 7-0
11
12 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
13 Mike Healy; Gabe Kearney; Kathy Miller
14 No: None
15 Abstain: None
16 Absent: None
17
18 B. Resolution 2013-124 N.C.S. Amending the Classification and Compensation Plan
19 by Establishing the New Classification and Pay Range of Public Safety Dispatch
20 Supervisor and Authorizing the Position Allocation of Public Safety Dispatch
21 Supervisor. (Williams/Cook)
22
23 Police Chief Pat Williams
24
25 Mayor Glass
26
27 Chief Williams
28
29 Mayor Glass
30
31 Chief Williams
32
33 City Manager Brown
34
35 Council Member Harris
36
37 Chief Williams
38
39 Council Member Kearney
40
41 Chief Williams
42
43 Council Member Kearney
44
45 Chief Williams
46
47 Council Member Kearney
48
49 City Manager Brown
50
51 Council Member Kearney
52
Vol. 46, Page 446 August 5, 2013
1 City Manager Brown
2
3 Council Member Kearney
4
5 Council Member Barrett
6
7 Council Member Harris
8
9 Chief Williams
10
11 Council Member Miller
12
13 Chief Williams
14
15 Council Member Miller
16
17 Council Member Healy
18
19 Vice Mayor Albertson
20
21 Council Member Kearney
22
23 Chief Williams
24
25 Council Member Kearney
26
27 Chief Williams
28
29 Mayor Glass opened Public Comment on Item 5.B.
30
31 Dan Drummond, Sonoma County Tax Payers' Association, spoke in support of the
32 Police Chief's recommendations.
33
34 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
35 on Item 5.B.
36
37 Mayor Glass
38
39 Vice Mayor Albertson
40
41 Mayor Glass
42
43 City Attorney Danly
44
45 Council Member Healy
46
47 Motion: Approve B. Amending the Classification and Compensation Plan by
48 Establishing the New Classification and Pay Range of Public Safety Dispatch
49 Supervisor and Authorizing the Position Allocation of Public Safety Dispatch
50 Supervisor.
51
52 Moved by David Glass, seconded by Teresa Barrett.
August 5, 2013 Vol. 46, Page 437
1
2 Council Member Harris
3
4 Mayor Glass
5
6 City Manager Brown
7
8 Mayor Glass
9
10 Council Member Barrett
11
12 Council Member Harris
13
14 Council Member Kearney
15
16 Mayor Glass
17
18 Council Member Healy
19
20 Chief Williams
21
22 Council Member Healy
23
24 City Manager Brown
25
.26 Council Member Healy
27
28 Vote: Motion failed 3-4
29
30 Yes: Teresa Barrett; David Glass; Gabe Kearney
31 No: Chris Albertson; Mike Harris; Mike Healy; Kathy Miller
32 Abstain: None
33 Absent: None
34
35 City Attorney Danly
36
37 Motion: Approve B. Resolution 2013-124 N.C.S. Amending the Classification and
38 Compensation Plan by Establishing the New Classification and Pay Range of
39 Public Safety Dispatch Supervisor and Authorizing the Position Allocation of Public
40 Safety Dispatch Supervisor, with.directwn to-staff to-prepare fu,ndinw
41 plan.for th.L-poa-itww that doeb not Lvwo1ve the loam of one police
42 officerpos-iton, to-be.presented.to-Council at the,September 9, 2013
43 Recd-u.la,r CLty Coutn.ciA/PCDSA Meetuu-.
44
45 Moved by Chris Albertson, seconded by Kathy Miller.
46
47 Mayor Glass
48
49 Council Member Kearney
50
51 City Manager Brown
52
Vol. 46, Page 448 August 5, 2013
1 Council Member Healy
2
3 Vote: Motion carried 7-0
4
5 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
6 Mike Healy; Gabe Kearney: Kathy Miller
7 No: None
8 Abstain: None
9 Absent: None
10
11 C. Discussion and Possible Action on Approval of Letter to Senators Feinstein and
12 Boxer and Congressman Huffman Opposing the Dry Creek Band of Pomo Indians'
13 Request to Have 277-Acre Site Immediately South of Petaluma Taken Into Trust.
14 (Healy)
15
16 Motion: Approve C. Letter to Senators Feinstein and Boxer and Congressman
17 Huffman Opposing the Dry Creek Band of Pomo Indians' Request to Have 277-
18 Acre Site Immediately South of Petaluma Taken Into Trust.
19
20 Moved by Teresa Barrett, seconded by Kathy Miller.
21
22 Mayor Glass opened Public Comment on Item S.C.
23
24 Terry Hilton, Redwood Empire Business Association, spoke in support of the
25 proposed letter.
26
27 Juan De la 0, Cesar Chavez Memorial Committee, Santa Rosa, spoke in support
28 of the proposed letter.
29
30 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
31 on Item S.C.
32
33 Council Member Harris
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 The letter was signed by Council at the dais.
44
45 D. Discussion Regarding Possible Tax Measure(s) for November 2014 Ballot. (Brown)
46
47 Mayor Glass
48
49 City Manager Brown
50
51 Mayor Glass opened Public Comment on Item S.D.
52
August 5, 2013 Vol. 46, Page 437
1 Dan Drummond, Sonoma County Tax Payers' Association, spoke in opposition of
2 the tax measure at this time.
3
4 Mayor Glass
5
6 City Manager Brown
7
8 Mayor Glass
9
10 Council Member Miller
11
12 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
13 on Item 5.D.
14
15 Council Member Healy
16
17 Vice Mayor Albertson
18
19 Council Member Barrett
20
21 Council Member Kearney
22
23 Council Member Harris
24
25 Mayor Glass
26
27 CotuicLconwn4.'that City Ma/nary Brawn/w%U.pu su.e'fun.drahv
28 ounth p uhtto survey for pontiei aaa€4-taw wnea4are4'.
29
30 ADJOURN
31
32 Motion: Adjourn the meeting.
33
34 Moved by Kathy Miller, seconded by Teresa Barrett.
35
36 Vote: Motion carried 7-0
37
38 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
39 Mike Healy; Gabe Kearney; Kathy Miller
40 No: None
41 Abstain: None
42 Absent: None
43
44 The meeting was adjourned at 10:29 p.m. in memory of Ray Johnson and George Rousseau.
45
46
47
48 ' _ ice.' •
49 David Glass, Mayor
50
51
52
Vol. 46. Page 450 August 5, 2013
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6 Claire Cooper, CMC, City Clerk
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