HomeMy WebLinkAboutCity Council/PCDSA Minutes 10/07/2013 October 7, 2013 Vol. 46, Page 493
4C"'"° City of Petaluma, California
a au ∎ , MEETING OF THE CITY COUNCIL/
K• e PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
IR5a
1 City Council/PCDSA Minutes
2 Monday, October 7, 2013
3 Regular Meeting
4
5 MONDAY, OCTOBER 7, 2013
6 CLOSED SESSION - 6:00 P.M.
7
8
9 CALL TO ORDER CLOSED SESSION
10
11 A. Roll Call
12
13 Present: Teresa Barrett; David Glass; Mike Harris;
14 Mike Healy; Gabe Kearney; Kathy Miller
15 Absent: Chris Albertson
16
17 CLOSED SESSION
18
19 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION/INITIATION OF LITIGATION One potential
20 case):Subdivisions (a) and (c) of Section 54956.9: Friends of Lafferty Park, Bill Kortum, Larry Modell,
21 Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu II, LLC, Kimberly
22 Pfendler, as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E.
23 Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100,
24 Sonoma County Superior Court action number SCV-253148.
25 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Subdivision (a) of California Government
26 Code Section 54956.9: Bryant Moynihan vs. City of Petaluma, Sonoma County Superior Court No. SCV-
27 259059.
28 • CONFERENCE WITH LEGAL COUNSEL-Initiation of litigation pursuant to'subdivision (c) of Section 54956.9:
29 I potential case. -Coancn;LMevn.ber Healy recusedihLn uelf ftr th. -Wevw
30 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
31 pursuant to subdivision (b) of Section 54956.9: One potential case.
32 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
33 Code Section 54956.9: City of Petaluma, a charter city;Successor Agency to the Petaluma Community
34 Development Commission, a public entity v. Ana Matosantos, et al., Sacramento County Superior
35 Court No. 34-2013-80001459. -Add.ed.with,Ac6enda,Rev&sion,Na. 1 - Thursday, October 3,
36 2013.
37
38 PUBLIC COMMENT ON CLOSED SESSION ITEMS
39
40 Mayor Glass
41
42 Larry King, Petaluma, spoke on behalf of members of public who would like the City to join the
43 fight against Indian casinos being built in our area. He stated that casinos have been closed
44 down by court order across the country.
45
Vol. 46, Page 494 October 7, 2013
1 Michael Kraus, Petaluma, said he believes casinos will increase crime and traffic and decrease
2 water supply.
3
4 Mayor Glass
5
6 City Attorney Danly
7
8 Mayor Glass
9
10 ADJOURN TO CLOSED SESSION
11
12
13
14 MONDAY, OCTOBER 7, 2013
15 EVENING SESSION - 7i00 7:10 P.M.
16
17
18 CALL TO ORDER- EVENING SESSION
19
20 Mayor Glass
21
22 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
23
24 City Attorney Danly announced that Council would, at the conclusion of the EVENING SESSION,
25 return to CLOSED SESSION regarding:
26
27 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION/INITATION OF LITIGATION One potential
28 case):Subdivisions (a) and (c) of Section 54956.9:Friends of Lafferty Park, Bill Kortum, Larry Modell,
29 Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu II, LLC, Kimberly
30 Pfendler, as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E.
31 Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100,
32 Sonoma County Superior Court action number SCV-253148.
33 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:Subdivision (a) of California Government
34 Code Section 54956.9: Bryant Moynihan vs. City of Petaluma, Sonoma County Superior Court No.SCV-
35 259059.
36 • CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION: Significant exposure to litigation
37 pursuant to subdivision (b) of Section 54956.9:One potential case.
38 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
39 Code Section 54956.9: City of Petaluma, a charter city; Successor Agency to the Petaluma Community
40 Development Commission, a public entity v. Ana Matosantos, et al., Sacramento County Superior
41 Court No.34-2013-80001459.
42
43 He noted that the following item hod been discussed, and there was no reportable action on it
44 or the remaining CLOSED SESSION items:
45
46 • CONFERENCE WITH LEGAL COUNSEL- Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
47 1 potential case.
48
49 CALL TO ORDER - EVENING SESSION, conttn.uedi
50
51 A. Roll Call
52
53 Present: Teresa Barrett; David Glass; Mike Harris;
54 Mike Healy; Gabe Kearney; Kathy Miller
October 7, 2013 Vol. 46, Page 495
1 Absent: Chris Albertson
2
3 B. Pledge of Allegiance
4 Tim May, Petaluma
5
6 C. Moment of Silence
7
8 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
9
10 Mayor Glass announced that Item 5.A would be heard immediately following the CONSENT
11 CALENDAR. The PRESENTATION on the Sonoma County Library Draft Amended Joint Powers
12 Agreement would be heard before the PROCLAMATIONS, as the presenters must attend another
13 meeting tonight.
14
15 Council Member Barrett
16
17 Mayor Glass announced that since the presented for the Sonoma County Library Draft
18 Amended Joint Powers Agreement had not arrived, the first PROCLAMATION would be read.
19
20 PROCLAMATIONS
21
22 • Domestic Violence Awareness Month October 2013
23
24 Mayor Glass
25
26 Teri Porter, Sonoma County YWCA
27
28 Mayor Glass
29
30 Ms. Porter
31
32 Mayor Glass
33
34 PRESENTATIONS
35
36 • Presentation on Sonoma County Library Draft Amended JPA
37
38 Don Schwartz, Sonoma County Administrator's Office
39
40 Council Member Healy
41
42 Mr. Schwartz
43
44 Council Member Healy
45
46 Mr. Schwartz
47
48 Council Member Healy
49
50 Mr. Schwartz
51
Vol. 46, Page 496 October 7, 2013
1 Council Member Kearney
2
3 Mr. Schwartz
4
5 Council Member Kearney
6
7 Mr. Schwartz
8
9 Council Member Kearney
10
11 Mr. Schwartz
12
13 Mayor Glass
14
15 Mr. Schwartz
16
17 Mayor Glass
18
19 Council Member Healy
20
21 Mr. Schwartz
22
23 Council Member Healy
24
25 Mr. Schwartz
26
27 Mayor Glass
28
29 Mayor Glass opened Public Comment on the Sonoma County Library Draft Amended JPA
30 Presentation.
31
32 Tim May, Petaluma, Chair, Sonoma County Library Commission and Commission's Liaison to
33 the Petaluma Library Advisory Board, spoke about the proposed JPA amendments, saying
34 that he thinks several aspects should improve the governance of the library, but expressing
35 concern about the portion that would allow individual jurisdictions to create non-equitable
36 library services for their libraries through the addition of local hours.
37
38 Mayor Glass
39
40 Connie Williams, Petaluma, said she would like to see libraries open for more hours.
41
42 Marie Hinton, Petaluma, Member of Petaluma Library Advisory Board, spoke about iniquity
43 among library branches.
44
45 Gerry Groves, Petaluma, Member of Petaluma Library Advisory Board and Friends of the
46 Petaluma Library, told Council she likes the idea of enlarging the Library Commission but
47 doesn't like the provision enabling a city/person/entity to give funds to one particular branch
48 for the purpose of extending that branch's hours.
49
50 Emily Roeder, Petaluma, Member of Library Advisory Board and President of Friends of the
51 Petaluma Library, echoed sentiments expressed by Gerry Groves.
52
October 7, 2013 Vol. 46, Page 497
1 Kate Keaton, Petaluma, Librarian at Petaluma Library, said she has worked at six library
2 branches, and is also worried about the equity issue.
3
4 Jim Rosachi (City of residence not given), told Council he was last here in 1982, when he was
5 introduced as the new Petaluma librarian. He commented on the Draft Amended JPA.
6
7 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the
8 Sonoma County Library Draft Amended JPA Presentation.
9
10 Mayor Glass
11
12 Council Member Barrett
13
14 Council Member Kearney
15
16 Mayor Glass
17
18 Council Member Kearney
19
20 Council Member Harris
21
22 Council Member Healy
23
24 Mr. Schwartz
25
26 Council Member Healy
27
28 Mr. Schwartz
29
30 Council Member Healy
31
32 Mayor Glass
33
34 Mr. Schwartz
35
36 Council Member Healy
'37
38 Council Member Miller
39
40 Council Member Barrett
41
42 Mayor Glass
43
44 Council Member Miller
45
46 Council Member Harris
47
48 Mr. Schwartz
49
50 Council Member Barrett
51
52 Mr. Schwartz
Vol. 46, Page 498 October 7, 2013
1
2 Council Member Harris
3
4 Mayor Glass
5
6 Council Member Kearney
7
8 Mr. Schwartz
9
10 Mayor Glass
11
12 Mr. Schwartz
13
14 Council Member Kearney
15
16 City Manager Brown
17
18 Mayor Glass
19
20 City Manager Brown
21
22 Mr. Schwartz
23
24 PROCLAMATIONS, continued
25
26 • International Walk 8 Roll to School Day - October 9, 2013
27
28 Mayor Glass
29
30 Dave Alden, Recreation, Music, and Parks Commission representative to Pedestrian and
31 Bicycle Advisory Committee
32
33 Mayor Glass
34
35 • El Dia De Los Muertos Petaluma - October 5 - November 3, 2013
36
37 Mayor Glass
38
39 Gloria McCallister, Petaluma Arts Center
40
41 Margie Helm, Petaluma
42
43 Council Member Harris
44
45 Ms. Helm
46
47 Mayor Glass
48
49 • Fire Prevention Week - October 6-12, 2013
50
51 Mayor Glass
52 Fire Marshal Cary Fergus
October 7, 2013 Vol. 46, Page 499
1
2 PRESENTATIONS, continued
3
4 • Recognition of Employee Longevity
5
6 City Manager Brown
7
8 GENERAL PUBLIC COMMENT
9
10 Jessica Jones, Rohnert Park, representing the Sierra Club, spoke about banning the use of plastic
11 bags.
12
13 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
14
15 Council consensus to move COUNCIL COMMENT and CITY MANAGER COMMENT to the end of
16 the meeting.
17
18 City Attorney Danly
19
20 1. APPROVAL OF MINUTES
21
22 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
23 September 9, 2013.
24
25 B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
26 September 16, 2013.
27 Council Member Healy asked that both sets of minutes be amended to note that he
28 recused himself tor the CLOSED SESSION item "CONFERENCE WITH LEGAL COUNSEL:
29 Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case" at
30 both meetings.
31
32 Mayor Glass
33
34 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, September
35 9, 2013; and B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
36 September 16, 2013, were deemed approved as amended.
37
38 2. APPROVAL OF PROPOSED AGENDA
39
40 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of
41 Monday, October 21, 2013.
42
43 City Attorney Danly
44
45 Mayor Glass
46
47 City Manager Brown
48
49 Council Member Healy
50
51 Mayor Glass
Vol. 46, Page 500 October 7, 2013
1
2 Council Member Miller
3
4 Mayor Glass
5
6 Council Member Kearney
7
8 Mayor Glass
9
10 City Manager Brown
11
12 Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting
13 of Monday, October 21, 2013, as amended to start CLOSED SESSION at 5:30 p.m.,
14 EVENING SESSION at 7:00 p.m., and to add an item regarding the Sonoma
15 County Library Draft Amended JPA.
16
17 Moved by David Glass, seconded by Teresa Barrett.
18
19 Council Member Healy
20
21 City Manager Brown
22
23 Mayor Glass
24
25 City Manager Brown
26
27 Mayor Glass
28
29 Vote: Motion carried 6-0
30
31 Yes: Teresa Barrett; David Glass; Mike Harris;
32 Mike Healy; Gabe Kearney; Kathy Miller
33 No: None
34 Abstain: None
35 Absent: Chris Albertson
36
37 3. CONSENT CALENDAR
38
39 A. Resolution 2013-139 N.C.S. Approving Claims and Bills for August 2013. (Mushallo)
40
41 B. Resolution 2013-140 N.C.S. to Receive and File the City Treasurer's Report for the
42 Period Ending June 30, 2013. (Mushallo)
43
44 C. Resolution 2013-135 N.C.S. Setting 2013-2014 Annual Assessment District
45 Administration Rates. (Mushallo)
46
47 D. Resolution 2013-136 N.C.S. Amending the Classification and Compensation Plan
48 by Establishing the New Classification and Pay Range of Principal Financial
49 Analyst. (Mushallo/Stephens)
50
51 E. Resolution 2013-137 N.C.S. Accepting Completion of Work by the City's Weed
52 Abatement Contractor and Authorizing the City Clerk to File a Notice of
October 7, 2013 Vol. 46, Page 501
1 Completion with the Sonoma County Clerk's Office and Authorizing City Staff to
2 Release the 10% Retention Fee for Services Performed by the City's Weed
3 Abatement Contractor. (Fergus/Anderson)
4
5 F. Resolution 2013-141 N.C.S. Authorizing Award of Contract for the Community
6 Center Roof Overlay Phase 2 Project. (St. John/Zimmer)
7
8 G. Resolution 2013-138 N.C.S. Approving Sole Source Purchase of Ten Stream Level
9 and Precipitation Gauges for Installation in the Petaluma Watershed for the
10 Petaluma River Stream and Precipitation Gauges Installation Project; Approving
11 the CIP Project Budget Amendment, and Authorizing the City Manager to
12 Execute the Agreement for Funding of the Project with the Sonoma County Water
13 Agency. (St. John/Tuft)
14
15 H. Resolution Urging the California Public Utilities Commission to Set a Reasonable
16 Fine for the San Bruno Disaster so as not to Disrupt Work Important to Communities
17 Throughout PG&E's Service Territory, Including Petaluma, with all Funds Directed to
18 Energy Infrastructure Upgrades and Related Purposes. (Brodhun)
19
20 Mayor Glass
21
22 Council Member Harris
23
24 Council Member Kearney
25
26 Mayor Glass
27
28 Mayor Glass opened Public Comment on CONSENT CALENDAR Items 3.C, 3.D, 3.E, and
29 3.G.
30
31 Seeing no persons wishing to speak, Mayor Glass Public Comment on CONSENT
32 CALENDAR Items 3.C, 3.D, 3.E, and 3.G.
33
34 Finance Director Bill Mushallo
35
36 Motion: Approve CONSENT CALENDAR Items 3.C, 3.D, 3.E, and 3.G.
37
38 Vote: Motion carried 6-0
39
40 Yes: Teresa Barrett; David Glass; Mike Harris;
41 Mike Healy: Gabe Kearney; Kathy Miller
42 No: None
43 Abstain: None
44 Absent: Chris Albertson
45
46 Mayor Glass
47
48 Motion: Approve A. Resolution 2013-139 N.C.S. Approving Claims and Bills for August
49 2013; and, B. Resolution 2013-140 N.C.S. to Receive and File the City Treasurer's Report for
50 the Period Ending June 30, 2013.
51
52 Moved by Kathy Miller, seconded by Mike Harris.
Vol. 46, Page 502 October 7, 2013
1
2 Vote: Motion carried 6-0
3
4 Yes: Teresa Barrett; David Glass; Mike Harris;
5 Mike Healy; Gabe Kearney; Kathy Miller
6 No: None
7 Abstain: None
8 Absent: Chris Albertson
9
10 Council Member Harris
11
12 Mayor Glass
13
14 Director of Public Works and Utilities Dan St. John
15
16 City Attorney Danly
17
18 Council Member Harris
19
20 Council Member Kearney
21
22 Motion: Approve F. Resolution 2013-141 N.C.S. Authorizing Award of Contract for the
23 Community Center Root Overlay Phase 2 Project.
24
25 Moved by Mike Healy, seconded by David Glass.
26
27 Vote: Motion carried 6-0
28
29 Yes: Teresa Barrett; David Glass; Mike Harris;
30 Mike Healy; Gabe Kearney; Kathy Miller
31 No: None
32 Abstain: None
33 Absent: Chris Albertson
34
35 Mayor.Glass
36
37 Mayor Glass opened Public Comment on Item 3.H.
38
39 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 3.H.
40
41 Council Member Healy
42
43 Council Member Barrett
44
45 Mayor Glass
46
47 Motion: Approve H. Resolution Urging the California Public Utilities Commission to Set a
48 Reasonable Fine for the San Bruno Disaster so as not to Disrupt Work Important to
49 Communities Throughout PG&E's Service Territory, Including Petaluma, with all Funds
50 Directed to Energy Infrastructure Upgrades and Related Purposes.
51
52 Moved by Mike Healy, seconded by Mike Harris.
October 7, 2013 Vol. 46, Page 503
1
2 Vote: Motion failed 3-3
3
4 Yes: Mike Harris; Mike Healy; Kathy Miller
5 No: Teresa Barrett; David Glass; Gabe Kearney
6 Abstain: None
7 Absent: Chris Albertson
8
9 Item 5.A was heard next:
10
11 5. PUBLIC HEARING
12
13 A. Public Hearing and Adoption of Resolution 2013-142A- 142C N.C.S. Confirming
14 the Cost of Abatement of Weeds and Approving the Forwarding of Unpaid Bills to
15 the County Assessor's Office for Collection as Assessments. (Fergus/Anderson)
16
17 Fire Marshal Cary Fergus
18
19 Mayor Glass
20
21 Mayor Glass opened Public Comment on Item S.A.
22
23 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
24 S.A.
25
26 Council Members Healy and Barrett recused themselves and left the dais.
27
28 Motion: Approve A. Resolution 2013-142A N.C.S. Confirming the Cost of
29 Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the County
30 Assessor's Office for Collection as Assessments, for the parcel at 368 Petaluma
31 Boulevard North, APN 006-163-040.
32
33 Moved by David Glass, seconded by Mike Harris.
34
35 Vote: Motion carried 4-0
36
37 Yes: David Glass; Mike Harris; Gabe Kearney; Kathy Miller
38 No: None
39 Abstain: Teresa Barrett; Mike Healy
40 Absent: Chris Albertson
41
42 Council Member Barrett returned to the dais.
43
44 Motion: Approve A. Resolution 2013-142B N.C.S. Confirming the Cost of
45 Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the County
46 Assessor's Office for Collection as Assessments, for the Water Street parcel, APN
47 006-163-052.
48
49 Moved by David Glass, seconded by Kathy Miller.
50
51 Vote: Motion carried 5-0
52
Vol. 46, Page 504 October 7, 2013
1 Yes: Teresa Barrett; David Glass; Mike Harris;
2 Gabe Kearney; Kathy Miller
3 No: None
4 Abstain: Mike Healy
5 Absent: Chris Albertson
6
7 Council Member Healy returned to the dais.
8
9 Motion: Approve A. Resolution 2013-142C N.C.S. Confirming the Cost of
10 Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the County
11 Assessor's Office for Collection as Assessments, for the remaining parcels listed in
12 the staff report.
13
14 Moved by David Glass, seconded by Kathy Miller.
15
16 Vote: Motion carried 6-0
17
18 Yes: Teresa Barrett; David Glass; Mike Harris;
19 Mike Healy; Gabe Kearney; Kathy Miller
20 No: None
21 Abstain: None
22 Absent: Chris Albertson
23
24 4. NEW BUSINESS
25
26 A. Resolution 2013-143 N.C.S. Approving the Purchase of One (1) 2014 Vac-Con
27 Combination Jet/Vacuum Sewer Cleaner from Municipal Maintenance
28 Equipment, Inc. in the Amount of $387,632.15 and Declaring the Existing Sewer
29 Vacuum and Flush Vehicle Surplus to the City's Needs and Directing the City
30 Manager to Dispose of the Vehicle in.Accordance with Provisions of the
31 Petaluma Municipal Code. (St. John/Dirrane)
32
33 Public Works and Utilities Director Dan St. John
34
35 Mayor Glass
36
37 Director St. John
38
39 Mayor Glass opened Public Comment on Item 4.A.
40
41 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
42 4.A.
43
44 Motion: Approve A. Resolution 2013-143 N.C.S. Approving the Purchase of One (1)
45 2014 Vac-Con Combination Jet/Vacuum Sewer Cleaner from Municipal
46 Maintenance Equipment, Inc. in the Amount of $387,632.15 and Declaring the
47 Existing Sewer Vacuum and Flush Vehicle Surplus to the City's Needs and
48 Directing the City Manager to Dispose of the Vehicle in Accordance with
49 Provisions of the Petaluma Municipal Code.
50
51 Moved by Teresa Barrett, seconded by Mike Harris.
52
October 7, 2013 Vol. 46, Page 505
1 Vote: Motion carried 6-0
2
3 Yes: Teresa Barrett; David Glass; Mike Harris;
4 Mike Healy; Gabe Kearney; Kathy Miller
5 No: None
6 Abstain: None
7 Absent: Chris Albertson
8
9 B. Resolution 2013-144 N.C.S. Approving the Purchase of Four(4) 2013 Ford'F150
10 Super Cab Pickup Trucks from Livermore Ford of Livermore, CA and Appropriating
11 Funds of $102,882.52. (St. John/Dirrane)
12
13 Public Works and Utilities Director Dan St. John
14
15 Mayor Glass opened Public Comment on Item 4.B.
16
17 Seeing no persons wishing to speak, Mayor Glass dosed Public Comment on item
18 4.8.
19
20 Motion: Approve B. Resolution 2013-144 N.C.S. Approving the Purchase of Four (4)
21 2013 Ford F150 Super Cab Pickup Trucks from Livermore Ford of Livermore, CA
22 and Appropriating Funds of $102,882.52.
23
24 Moved by Kathy Miller, seconded by Teresa Barrett.
25
26 Vote: Motion carried 6-0
27
28 Yes: Teresa Barrett; David Glass; Mike Harris;
29 Mike Healy; Gabe Kearney; Kathy Miller
30 No: None
31 Abstain: None
32 Absent: Chris Albertson
33
34 C. Petaluma Community Development Successor Agency PCDSA Resolution 2013-05
35 Approving the Long Range Property Management Plan Pursuant to Health and
36 Safety Code Section 34191.5. (Brown/Alverde)
37
38 Economic Development Manager Ingrid Alverde
39
40 Mayor Glass
41
42 Mayor Glass opened Public Comment on Item 4.C.
43
44 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on
45 Item 4.C.
46
47 Motion: Approve C. PCDSA Resolution 2013-05 Approving the Long Range
48 Property Management Plan Pursuant to Health and Safety Code.Section 34191.5.
49
50 Moved by Mike Healy, seconded by Teresa Barrett.
51
52 Vote: Motion carried 6-0
Vol. 46, Page 506 October 7, 2013
1
2 Yes: Teresa Barrett; David Glass; Mike Harris;
3 Mike Healy; Gabe Kearney; Kathy Miller
4 No: None
5 Abstain: None
6 Absent: Chris Albertson
7
8 D. Resolution 2013-145 N.C.S. Approving Modification of Condition 11 of the City
9 Council Resolution No. 2009-076 N.C.S. (Logan Place Unit Development Plan and
10 Development Standards) to Eliminate the Requirement for Installation of a Gate to
11 the Adjacent Bounty Farm. (Hines/Robbe)
12
13 Senior Planner Tiffany Robbe
14
15 Mayor Glass opened Public Comment on Item 4.D.
16
17 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on
18 Item 4.D.
19
20 Motion: Approve D. Resolution 2013-145 N.C.S. Approving Modification of
21 Condition 11 of the City Council Resolution No. 2009-076 N.C.S. (Logan Place Unit
22 Development Plan and Development Standards) to Eliminate the Requirement for
23 Installation of a Gate to the Adjacent Bounty Farm.
24
25 Moved by Gabe Kearney, seconded by Kathy Miller.
26
27 Vote: Motion carried 6-0
28
29 Yes: Teresa Barrett; David Glass; Mike Harris;
30 Mike Healy; Gabe Kearney; Kathy Miller
31 No: None
32 Abstain: None
33 Absent: Chris Albertson
34
35 COUNCIL COMMENT
36
37 Council Member Miller
38
39 Council Member Barrett
40
41 Council Member Kearney
42
43 Council Member Harris
44
45 Mayor Glass
46
47 CITY MANAGER COMMENT
48
49 City Manager Brown
50
51 CLOSED SESSION
52
October 7, 2013 Vol. 46, Page 507
1 City Attorney Danly
2
3 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION/INITATION OF LITIGATION (One potential
4 case):Subdivisions (a) and (c) of Section 54956.9: Friends of Lafferty Park, Bill Kortum, Larry Modell,
5 Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu II, LLC, Kimberly
6 Pfendler, as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E.
7 Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100,
8 Sonoma County Superior Court action number SCV-253148.
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 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
13 pursuant to subdivision (b) of Section 54956.9: One potential case.
14 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Subdivision(a) of California Government
15 Code Section 54956.9: City of Petaluma, a charter city: Successor Agency to the Petaluma Community
16 Development Commission, a public entity v. Ana Matosantos,et al., Sacramento County Superior
17 Court No. 34-2013-80001459.
18
19 PUBLIC COMMENT ON CLOSED SESSION ITEMS
20
21 None.
22
23 ADJOURN TO CLOSED SESSION
24
25 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
26
27 None.
28
29 ADJOURN
30
31 The meeting was adjourned at 10:19 p.m. in memory of Don Petro, Petaluma, and Former
32 Cloverdale City Manager Nina Regor.
33
34
35
36
37
38
39
40 dad • ...4.;-'41
41 David Glass, Mayor
42
43
44
45 ATTEST:
46
47
48
49 •
50 Claire Cooper, CMC, City Clerk
51
52
53
54