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HomeMy WebLinkAboutCity Council/PCDSA Minutes 01/06/2014 January 6, 2014 Vol. 47, Page 43 4,(CAL a City of Petaluma, California w. � 9 MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY 1850 1 City Council/PCDSA Minutes 2 Monday, January 6, 2014 3 Regular Meeting 4 5 6 MONDAY, JANUARY 6, 2014 7 CLOSED SESSION- 5:00 P.M.. 8 9 10 CALL TO ORDER-CLOSED SESSION 11 12 A. Roll Call 13 14 Present: Chris Albertson; Teresa Barrett;.David Glass; 15 Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller 16 Absent: None 17 18 CLOSED SESSION 19 20 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of 21 California Government Code Section 54957.Title: City Manager. 22 • CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION:Significant exposure to litigation 23 pursuant to Paragraph (2) of Subdivision id) of Section 54956.9: One potential case. 24 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Paragraph )I) of Subdivision (d) 25 of Section 54956.9: City of Petaluma et al.v. County of Sonoma et al., California Court of Appeal, First 26 Appellate District, Division Four Case Number A134559. 27 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION/INITIATION OF LITIGATION One potential 28 case): Paragraphs (1) and (4) of Subdivision (d) of Section 54956.9: Friends of Lafferty Park, Bill Kortum, 29 Larry Modell, Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu II, LLC, 30 Kimberly Pfendler, as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and 31 William E. Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 32 100, Sonoma County Superior Court action number SCV-253148. -Added,wait,Ag.evldwRev& on, 33 No-. 1 -Thu4-&d.ay,Janticcu-y 2, 2014. 34 35 PUBLIC COMMENT ON CLOSED SESSION ITEMS 36 37 None. 38 39 ADJOURN TO CLOSED:SESSION 40 41 42 MONDAY, JANUARY 6, 2014 43 EVENING SESSION - 6:00 P.M. 44 45 46 CALL TO ORDER- EVENING SESSION Vol. 47, Page 44 January 6, 2014 1 2 A. Roll Call 3 4 Present: Chris Albertson; Teresa Barrett; David Glass; 5 Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller 6 Absent: None 7 8 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 9 10 None. 11 12 B. Pledge of Allegiance 13 14 Council Member Kearney 15 16 C. Moment of Silence 17 18 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) 19 20 None. 21 22 PRESENTATIONS 23 24 • Recognition of Employee Longevity 25 26 City Manager Brown 27 28 • Tax Increase Survey Results 29 30 As the consultant had not yet arrived, Council heard GENERAL PUBLIC COMMENT next. 31 32 GENERAL PUBLIC COMMENT 33 34 Susan Kay Gilbert, Positive Images, Petaluma, spoke about a new support group forming in 35 Petaluma to serve the Lesbian, Gay, Bisexual, Transgender, Intersex, Asexual and Allied Youth in 36 Petaluma. 37 38 Jim Stephens, Brownman Development Company, requested that Lynch Creek Plaza 39 (Walgreens) be placed on the next agenda. 40 41 Mayor Glass 42 43 1. APPROVAL OF MINUTES 44 45 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, 46 November 18, 2013. 47 48 The Minutes of Regular City Council/PCDSA Meeting of Monday, November 18, 49 2013 were deemed approved as presented, with Council Member Harris recused. 50 51 B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, 52 December 2, 2013. January 6,2014 Vol. 47, Page 45 1 The Minutes of Regular City Council/PCDSA Meeting of Monday, December 2, 2 2013 were deemed approved as presented, with Council Member Healy 3 recused. 4 5 2. APPROVAL OF PROPOSED AGENDA 6 7 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of 8 Monday, January 27, 2014. 9 10 Council Member Harris 11 12 Mayor Glass 13 14 Vice Mayor Albertson 15 16 City Manager Brown 17 18 Vice Mayor Albertson 19 20 City Manager Brown 21 22 Vice Mayor Albertson 23 24 Mayor Glass 25 26 Vice Mayor Albertson 27 28 Mayor Glass 29 30 Council Member Kearney 31 32 City Manager Brown 33 34 Council Member Kearney 35 36 City Manager Brown 37 38 City Attorney Danly 39 40 Mayor Glass 41 42 Council Member Healy 43 44 Motion: Approve A. Approve Proposed Agenda for Regular City Council/PCDSA 45 Meeting of Monday, January 27, 2014, as amended to add the Downtown 46 Petaluma Business Improvement District (DPBID) 2014 Annual Assessment, the 47 Second Amendment to the JPA with the Sonoma County Waste Management 48 Agency, and Appointment of a Petaluma Area Pilots Association (PAPA) 49 Representative to the Airport Commission. 50 51 Moved by Teresa Barrett, seconded by Kathy Miller. 52 Vol. 47, Page 46 January 6, 2014 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 3. CONSENT CALENDAR 10 11 A. Resolution 2014-001 N.C.S. Appointing Gabe Kearney Vice Mayor for Calendar 12 Year 2014. (Cooper) 13 14 B. Resolution 2014-002 N.C.S. Confirming Council Liaison Appointments. (Cooper) 15 16 C. Resolution 2014-006 N.C.S. Approving Claims and Bills for November 2013. 17 (Mushallo) 18 19 D. Resolution 2014-003 N.C.S. Authorizing Sole-Source Purchase and Authorizing City 20 Manager to Sign Purchase Documents to Upgrade the Wonderware System 21 Platform to Purchase Alarm Notification Software for the Supervisory Control and 22 Data Acquisition (SCADA) System at the Ellis Creek Water Recycling Facility in the 23 Amount of $41,471.43. (St. John/Pierce) 24 25 E. Resolution 2014-007 N.C.S. Authorizing Award of Contract for 2013 Sewer Manhole 26 Rehabilitation Project. (St. John/Zimmer) 27 28 F. Resolution 2014-008 N.C.S. Accepting Completion of the Petaluma Boulevard 29 Road Diet Project. (St. John/Zimmer) 30 31 G. Resolution 2014-004 N.C.S. Rejecting all Bids for the Victoria Pump Station 32 Upgrade Project. 33 34 H. Resolution 2014-005 N.C.S. in Support of Request by Petaluma Wetlands Alliance 35 to Submit an Application Seeking to Enroll Petaluma's Wetlands in the San 36 Francisco Bay Estuary Ramsar Wetlands of International Importance. (Brodhun) 37 38 I. Adoption (Second Reading) of Ordinance 2481 N.C.S. Amending Section 3.04.040 39 of Chapter 3.04 of the Petaluma Municipal Code Governing the City's Personnel 40 System to Exempt from That Chapter the Classifications of Human Resources 41 Manager and Assistant City Attorney. (Danly) 42 43 Mayor Glass opened Public Comment on the CONSENT CALENDAR. 44 45 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the 46 CONSENT CALENDAR. 47 48 Vice Mayor Albertson asked to remove items 3.C, 3.E, 3.F, and 3.1 for discussion. 49 50 Motion: Approve CONSENT CALENDAR items 3.A, 3.B, 3.D, 3.G, and 3.H. 51 52 Moved by Teresa Barrett, seconded by Mike Harris. January 6, 2014 Vol. 47, Page 47 1 2 Vote: Motion carried 7-0 3 4 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 5 Mike Healy; Gabe Kearney; Kathy Miller 6 No: None 7 Abstain: None 8 Absent: None 9 10 Council Member Albertson 11 12 Finance Director Bill Mushallo 13 14 Mayor Glass 15 16 Council Member Albertson 17 18 Public Works and Utilities Director Dan St. John 19 20 Council Member Albertson 21 22 Director St. John 23 24 Council Member Harris 25 26 Larry Zimmer, Capital Improvements Engineering Manager, Public Works and Utilities 27 Department 28 29 Council Member Albertson 30 31 Director St. John 32 33 Council Member Albertson 34 35 Council Member Healy 36 37 Mr. Zimmer 38 39 Council Member Healy 40 41 Mayor Glass 42 43 Council Member Albertson 44 45 City Attorney Danly 46 47 City Manager Brown 48 49 Council Member Healy suggested that the motion to approve the ordinance include 50 acknowledgment that there is a disagreement as to the factual accuracy of the one 51 comment on hand-written page 5, lines 16 and 17 of the ordinance, but that it's more 52 important to approve the second reading of the ordinance in a timely manner, Council Vol. 47, Page 48 January 6, 2014 1 acknowledges this disagreement in the minutes, but chooses to approve the ordinance 2 as it was introduced. 3 4 Council Member Barrett 5 6 City Attorney Danly 7 8 Council Member Barrett 9 10 City Attorney Danly 11 12 Mayor Glass 13 14 Motion: Approve I. Adoption (Second Reading) of Ordinance 2481 N.C.S. Amending 15 Section 3.04.040 of Chapter 3.04 of the Petaluma Municipal Code Governing the City's 16 Personnel System to Exempt from That Chapter the Classifications of Human Resources 17 Manager and Assistant City Attorney, with the acknowledgment that there is a 18 disagreement as to the factual accuracy of the language on hand-written page 5, lines 19 16 and 17 of the ordinance, but that it's more important to approve the second reading 20 of the ordinance in a timely manner, Council acknowledges this disagreement in the 21 minutes, but chooses to approve the ordinance as it was introduced. 22 23 Moved by Chris Albertson, seconded by Mike Healy. 24 25 Vote: Motion carried 7-0 26 27 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 28 Mike Healy; Gabe Kearney; Kathy Miller 29 No: None 30 Abstain: None 31 Absent: None 32 33 Motion: Approve CONSENT CALENDAR items 3.C, 3.E, and 3.F. 34 35 Moved by Chris Albertson, seconded by Mike Healy. 36 37 Vote: Motion carried 7-0 38 39 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 40 Mike Healy; Gabe Kearney; Kathy Miller 41 No: None 42 Abstain: None 43 Absent: None 44 45 PRESENTATIONS, continued 46 47 • Tax Increase Survey Results 48 49 Mayor Glass 50 51 City Manager Brown 52 January 6, 2014 Vol. 47, Page 49 1 Mayor Glass 2 3 Bill Berry, William Berry Campaigns (WBC), Sacramento 4 5 Council Member Albertson 6 7 Mr. Berry 8 9 Mayor Glass 10 11 Vice Mayor Kearney 12 13 Mr. Berry 14 15 Council Member Miller 16 17 Mr. Berry 18 19 Mayor Glass 20 21 Mr. Berry 22 23 Council Member Healy 24 25 Mr. Berry 26 27 Council Member Healy 28 29 Vice Mayor Kearney 30 31 Mr. Berry 32 33 City Manager Brown 34 35 Mayor Glass 36 37 Council Member Barrett 38 39 Mr. Berry 40 41 Mayor Glass 42 43 Mr. Berry 44 45 Council Member Harris 46 47 Mr. Berry 48 49 Council Member Harris 50 51 Mr. Berry 52 Vol. 47, Page 50 January 6, 2014 1 Mayor Glass 2 3 Mr. Berry 4 S Mayor Glass 6 7 Council Member Healy 8 9 Mr. Berry 10 11 Council Member Albertson 12 13 Mayor Glass 14 15 Mr. Berry 16 17 Mayor Glass 18 19 Council Member Albertson 20 21 Mr. Berry 22 23 City Attorney Danly 24 25 Council Member Albertson 26 27 City Attorney Dahly 28 29 Council Member Albertson 30 31 City Manager Brown 32 33 Council Member Healy 34 35 Council Member Miller 36 37 Mayor Glass 38 39 Mr. Berry 40 41 4. UNFINISHED BUSINESS 42 43 A. Resolution 2014-009 N.C.S. - Resolution 2014-010 N.C.S. Appointing Individuals to 44 the Planning Commission and Youth Commission. (Cooper) 45 46 Mayor Glass opened Public Comment on Item 4.A. 47 48 Rosaleen Shelley, applicant for Youth Commission, spoke in support of her 49 application. 50 51 Ken Quinto, candidate for Youth Commission, spoke in support of his application. 52 January 6, 2014 Vol. 47, Page 51 1 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 2 on Item 4.A. 3 4 City Clerk Cooper collected the ballots for Planning Commission, and read the 5 results as follows: 6 Council Member Albertson: Daryl Johnson 7 Council Member Barrett: Daryl Johnson 8 Mayor Glass: Daryl Johnson 9 Council Member Harris: Houston Porter 10 Council Member Healy: Abbie Walther 11 Vice Mayor Kearney: Diana Gomez 12 Council Member Miller: Diana Gomez 13 14 City Attorney Danly tallied the votes and announced that Daryl Johnson (3 votes) 15 and Diana Gomez (2 votes) were the highest vote getters. 16 17 Mayor Glass asked City Clerk Cooper to redistribute the ballots, and asked 18 Council to vote for either Daryl Johnson or Diana Gomez, as a candidate must 19 receive four votes to be appointed. The ballots were redistributed. 20 21 City Clerk Cooper collected the ballots for Planning Commission again, and read 22 the results as follows: 23 Council Member Albertson: Daryl Johnson 24 Council Member Barrett: Daryl Johnson 25 Mayor Glass: Daryl Johnson 26 Council Member Harris: Diana Gomez 27 Council Member Healy: Diana Gomez 28 Vice Mayor Kearney: Diana Gomez 29 Council Member Miller: Diana Gomez 30 31 City Attorney Danly tallied the votes and announced that Diana Gomez was 32 appointed to the Planning Commission to complete an unexpired four-year term 33 expiring June 30, 2016 (Resolution 2014-009 N.C.S.). 34 35 City Clerk Cooper collected the ballots for Youth Commission, and read the 36 results as follows: 37 Council Member Albertson: Michelle Marble 38 Council Member Barrett: Rosaleen C. Shelley 39 Mayor Glass: Rosaleen C. Shelley 40 Council Member Harris: Ken Quinto 41 Council Member Healy: Ken Quinto 42 Vice Mayor Kearney:.Ken Quinto 43 Council Member Miller: Ken Quinto 44 45 City Attorney Danly tallied the votes and announced that Ken Quinto was 46 appointed to the Youth Commission to complete an unexpired two-year term 47 expiring June 30, 2014 (Resolution 2014-010 N.C.S.). 48 49 Mayor Glass 50 51 52 Vol. 47, Page 52 January 6, 2014 1 B. Sonoma County Library Joint Powers Agreement(JPA). (Brown) 2 3 City Manager Brown 4 5 Council Member Barrett 6 7 City Manager Brown 8 9 Mayor Glass opened Public Comment on Item 4.B. 10 11 Tim May, Sonoma County Library Commission, Petaluma, spoke regarding the 12 disparity of service, and urged the Council to stand firm in their position on the 13 issue. 14 15 Jim Rosaschi, former manager of the Petaluma Library, thanked the Council for 16 the time they've given to the issue, and supported what Tim May had previously 17 said. 18 19 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 20 on Item 4.B. 21 22 Mayor Glass 23 24 Council Member Healy 25 26 Mayor Glass 27 28 Vice Mayor Kearney 29 30 Council Member Miller 31 32 Mayor Glass 33 34 Council Member Barrett 35 36 Council Member Albertson 37 38 Council Member Harris 39 40 Mayor Glass 41 42 City Manager Brown 43 44 Mayor Glass 45 46 Council Member Miller 47 48 Council Member Healy 49 50 Mayor Glass 51 52 Council Member Barrett January 6, 2014 Vol. 47, Page 53 1 2 Council Member Albertson 3 4 Council Member Harris 5 6 Mayor Glass confirmed direction to staff to inform the JPA Review Committee 7 that Council found the revised draft JPA acceptable in all provisions excepting 8 two, and as such, did not approve the draft. Regarding the "Governance" issue, 9 Council agrees that the County Board of Supervisors should have two seats on 10 the new Library Board. Council's continued position is that each city should have 11 an equal voice on the Board, and will not approve an Amended Draft if it 12 provides any city more seats on the board than are held by any other cities. 13 Regarding the "Local Funding" issue, the Council will not approve an Amended 14 JPA if it continues to include language that allows the Local Funding option. 15 16 Council Member Barrett 17 18 5. NEW BUSINESS 19 20 A. Resolution 2014-011 N.C.S. Authorizing the City Manager to Enter Into a 21 Professional Services Agreement with Willdan Financial Services to Provide on 22 Overhead Cost Allocation and OMB Circular A-87 Plan, an Internal Service Fund 23 Study, a User Fee Study, CIP Administrative Rate and Work Order Rate Analysis. 24 (Mushallo) 25 26 Finance Director Bill Mushallo 27 28 Mayor Glass 29 30 Council Member Harris 31 32 Director Mushallo 33 34 Council Member Albertson 35 36 Director Mushallo 37 38 Mayor Glass opened Public Comment on Item S.A. 39 40 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 41 S.A. 42 43 Motion:Approve A. Resolution 2014-011 N.C.S. Authorizing the City Manager to 44 Enter Into a Professional Services Agreement with Willdan Financial Services to 45 Provide on Overhead Cost Allocation and OMB Circular A-87 Plan, an Internal 46 Service Fund Study, a User Fee Study, CIP Administrative Rate and Work Order 47 Rate Analysis. 48 49 Moved by Kathy Miller, seconded by Teresa Barrett. 50 51 Vote: Motion carried 7-0 52 Vol. 47, Page 54 January 6, 2014 1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 2 Mike Healy; Gabe Kearney; Kathy Miller 3 No: None 4 Abstain: None 5 Absent: None 6 7 8 B. Status Report on Rainier Cross-Town Connector/Interchange Project. (St. 9 John/Zimmer/Duiven) 10 11 Larry Zimmer, Capital Improvements Engineering Manager, Public Works and 12 Utilities Department 13 14 Council Member Albertson 15 16 Mr. Zimmer 17 18 Mayor Glass 19 20 Mr. Zimmer 21 22 City Manager Brown 23 24 Council Member Barrett 25 26 Mr. Zimmer 27 28 Council Member Barrett 29 30 Scoff Duiven, Senior Planner 31 32 Council Member Barrett 33 34 City Manager Brown 35 36 Mayor Glass 37 38 Mr. Duiven 39 40 Mayor Glass 41 42 Mr. Duiven 43 44 Mayor Glass 45 46 Mr. Duiven 47 48 City Manager Brown 49 50 Mayor Glass 51 52 City Manager Brown January 6, 2014 Vol 47, Page 55 1 2 Council Member Barrett 3 4 Mayor Glass 5 6 Council Member Barrett 7 8 City Attorney Danly 9 10 Council Member Healy 11 12 Mr. Zimmer 13 14 Council Member Healy 15 16 Mayor Glass 17 18 COUNCIL COMMENT 19 20 Council Member Harris 21 22 Council Member Albertson 23 24 Mayor Glass 25 26 Vice Mayor Kearney 27 28 Council Member Healy 29 30 Council Member Miller 31 32 CITY MANAGER COMMENT 33 34 City Manager Brown 35 36 Council Member Albertson 37 38 City Manager Brown 39 40 Vice Mayor Kearney 41 42 Mayor Glass 43 44 City Manager Brown 45 46 ADJOURN 47 48 Motion: Adjourn the meeting. 49 50 Moved by David Glass, seconded by Gabe Kearney. 51 52 Vote: Motion carried 7-0 Vol. 47, Page 56 January 6, 2014 1 2 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 3 Mike Healy; Gabe Kearney; Kathy Miller 4 No: None 5 Abstain: None 6 Absent: None 7 8 The meeting was adjourned at 9:15 p.m. 9 10 11 t, 12 �i ���s�� 13 David Glass, Mayor 14 15 16 17 ATTEST: 18 19 20 21 22 Claire Cooper, CMC, City Clerk 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52