HomeMy WebLinkAboutCity Council/PCDSA Minutes 04/07/2014April 7, 2014
w��'�U� City of Petaluma, California
QOM MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
185$
1 City Council/PCDSA Minutes
2 Monday, April 7, 2014
3 Regular Meeting
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MONDAY, APRIL 7, 2014
CLOSED SESSION - 5:30 P.M.
CALL TO ORDER - CLOSED SESSION
A. Roll Call
Vol. 47, Page 131
Present: Chris Albertson: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney
Absent: Kathy Miller
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Two potential cases.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of
California Government Code Section 54956.9: City of Petaluma, a charter city; Successor Agency to
the Petaluma Community Development Commission, a public entity v. Ana Matosantos, et al.,
Sacramento County Superior Court No. 34-2012-80001321.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of
California Government Code Section 54956.9: City of Petaluma, a charter city; Successor Agency to
the Petaluma Community Development Commission, a public entity v. Ana Matosantos, et al.,
Sacramento County Superior Court No. 34-2013-80001459.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: City of Petaluma, et al., v. County of Sonoma, et al., Sonoma
County Superior Court No. SCV 248948.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Hollyn D'Lil and Richard Skaff v. City of Petaluma, et al., United
States District Court, Northern District of California, No. 3:11 -CV -02088 -JCS.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Friends of Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt
Maguire, David Keller and Mary Fuller McChesney v. Pikochu II, LLC, Kimberly Pfendler, as Trustee of the
Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E. Tavernetti, as Trustees of the
Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court
action number SCV-253148.
Vol. XX, Page 132
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April 7, 2014
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
MONDAY APRIL 7 2014
EVENING SESSION - 6:30 P.M.
CALL TO ORDER - EVENING SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney
Absent: Kathy Miller
B. Pledge of Allegiance
Jane Hamilton, Petaluma
C. Moment of Silence
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
City Attorney Danly stated that there was no reportable action, but Council would reconvene
CLOSED SESSION at the end of tonight's agenda.
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that COUNCIL COMMENT would be moved to the end of the agenda,
before Council reconvened in CLOSED SESSION.
GENERAL PUBLIC COMMENT
Mayor Glass opened GENERAL PUBLIC COMMENT.
Merri Cavanah, Petaluma, told Council she has been living at the marina on her boat for the last
seven years. For the last four months there has been effort to have her removed from the marina
due to a dog leash violation. Social Security doesn't pay enough for her to make repairs and
pay for gas to move her boat elsewhere.
Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT.
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April 7, 2014
PRESENTATION
• Recognition of Employee Longevity
City Manager Brown
Mayor Glass
PROCLAMATIONS
• Sexual Assault Awareness Month - April 2014
Mayor Glass
Christine Castillo
• National Crime Victims' Rights Week - April 6-12, 2014
Mayor Glass
Esther Lemus, Sonoma County District Attorney's Office
• National Library Week - April 13-19, 2014
Mayor Glass
Vol. 47, Page 133
Kate Keaton, Librarian, Petaluma Public Library, and Connie Williams, Librarian, Petaluma
High School
The Week of the Young Child - April 6-12, 2014
Mayor Glass
Teri Porter, YWCA, Director of A Special Place Preschool
GENERAL PUBLIC COMMENT, continued
Mayor Glass re -opened GENERAL PUBLIC COMMENT.
Joe Manthey, Petaluma, told Council why he believes the sexual assault statistics noted in the
Sexual Assault Awareness Month proclamation are incorrect.
Janice Cader-Thompson, Petaluma, asked that the J.P. Morgan loan be agendized so Council
can discuss it. Second, the Deer Creek Plaza project is turning out really well. The creek was
saved and bridges are now over it. Friedman's looks great and people are getting jobs. Merlone
Geier has fulfilled their obligations.
Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT.
CITY MANAGER COMMENT
None.
Vol. XX, Page 134
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2.
3.
APPROVAL OF MINUTES
April 7, 2014
A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, March 3,
2014.
B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, March
117. 2014.
March 3,2014:
o Mayor Glass noted that Item 4.1) should indicate that Public Comment on the item
was opened and closed.
March 17.2014:
o On Item 4.A, Mayor Glass asked that the notation that Council Member Miller
recused herself for the item be amended to include the stated reason for her recusal,
that she owns property within 500' of Wiseman Park. He noted that Council Members
always state the reason for their recusal, and asked that the information be included
in the minutes.
The minutes of the Regular City Council/PCDSA Meeting of Monday, March 3, 2014 and
the Regular City Council/PCDSA Meeting of Monday, March 17, 2014 were deemed
approved as corrected.
APPROVAL OF PROPOSED AGENDA
A. Approval of Revised Agenda for Regular City Council/PCDSA Meeting of
Monday, April 21, 2014. - Revision No. I - Thursday, April 3, 2014.
Motion: Approve A. Revised Agenda for Regular City Council/PCDSA Meeting of
Monday, April 21, 2014, as presented.
Motion by Teresa Barrett, seconded by Gabe Kearney.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No: None
Abstain: None
Absent: Kathy Miller
CONSENT CALENDAR
A. Resolution 2014-057 N.C.S. Accepting Claims and Bills for February 2014.
(Mushallo)
B. Resolution 2014-053 N.C.S. Accepting the FY 13 AB 1600 Development Impact Fee
Report. (Mushollo)
April 7, 2014
Vol. 47, Page 135
C. Resolution 2014-054 N.C.S. Authorizing Award of Bid for a Two -Year Weed
Abatement Contract and Authorizing the City Manager to Execute and
Agreement with Keystone Tractor Service. (Fergus)
D. Adoption (Second Reading) of Ordinance 2488 N.C.S. Authorizing the City
Manager to Approve an Offer of Dedication to Pacific Gas and Electric Company
for an Exclusive Utility Easement for the Purposes of Installing, Operating and
Maintaining its Public Utilities within the City Transit Facility at 555 North McDowell
Boulevard, APN: 007-391-039 and within the City Well Site Parcel at 121 North
McDowell Boulevard, APN: 007-380-002. (St. John/Bates)
E. Resolution 2014-055 N.C.S. Authorizing Award of Contract for the Leff -Turn
Protective/ Permissive Traffic Signal Modification Project. (St. John/Zimmer)
F. Resolution 2014-056 N.C.S. Authorizing Program Administration Fees for Mobile
Home Park Space Rent Stabilization Program for 2014. (Brown/Castellucci)
Mayor Glass opened Public Comment on the CONSENT CALENDAR.
Bill Donahue, Petaluma, spoke in support of mobile home park residents. He told Council
that the "same park owner continues to cause problems."
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the
CONSENT CALENDAR.
Mayor Glass
Council Member Albertson
Council Member Healy
Mayor Glass
Council Member Healy
Finance Director Bill Mushallo
Council Member Healy
Motion: Approve CONSENT CALENDAR items 3.B, 3.C, 3.1), 3.E, and 3.F.
Motion by Gabe Kearney, seconded by Teresa Barrett.
Vote: Motion carried 6-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No:
None
Abstain:
None
Absent:
Kathy Miller
Mayor Glass
Vol. XX, Page 136
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Council Member Albertson
Director Mushallo
Council Member Albertson
City Attorney Danly
Council Member Albertson
City Attorney Danly
April 7, 2014
Motion: Approve A. Resolution 2014-047 N.C.S. Accepting Claims and Bills for February
2014.
Motion by Chris Albertson, seconded by Teresa Barrett.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass: Mike Harris;
Mike Healy; Gabe Kearney
No: None
Abstain: None
Absent: Kathy Miller
ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney
Absent: Kathy Miller
Annual Meeting of the Petaluma Public Financing Corporation. (Mushallo)
• Approval of Minutes of April 1, 2013: and,
• Status Report and Audited Financials for Fiscal Year 2012-13
Finance Director Bill Mushallo
Chair Glass
Chair Glass opened PUBLIC COMMENT for the Petaluma Public Financing Corporation meeting.
Seeing no persons wishing to speak, Chair Glass closed PUBLIC COMMENT for the Petaluma
Public Financing Corporation meeting.
Motion: Approve A. Minutes of the Petaluma Public Financing Corporation meeting of Monday,
April 1, 2013, as presented.
Motion by Teresa Barrett, seconded by Mike Harris.
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April 7, 2014
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No: None
Abstain: None
Absent: Kathy Miller
Chair Glass
General Counsel Eric Danly
Chair Glass
Vol. 47, Page 137
RECONVENE REGULAR MEETING OF CITY COUNCIL/PETALUMA COMMUNITY DEVELOPMENT
COMMISSION SUCCESSOR AGENCY (PCDSA)
4. PUBLIC HEARING
A. Public Hearing to Receive Comments on the 2014-2015 Proposed Action Plan and
Adoption of Resolution 2014-058 N.C.S. Approving the Community Development
Block Grant Action Plan and Authorizing the City Manager to Sign All Documents
Required by the Department of Housing and Urban Development (HUD).
(Brown/Castellucci)
Housing Program Specialist Sue Castellucci
Council Member Kearney
Ms. Castellucci
Council Member Harris
Ms. Castellucci
Mayor Glass opened Public Comment on Item 4.A.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.A.
Motion: Approve A. Resolution 2014-058 N.C.S. Approving the Community
Development Block Grant Action Plan and Authorizing the City Manager to Sign
All Documents Required by the Department of Housing and Urban Development
(HUD).
Motion by Teresa Barrett, seconded by Mike Harris.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
Vol. XX, Page 138
April 7, 2014
1 No: None
2 Abstain: None
3 Absent: Kathy Miller
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5 5. NEW BUSINESS
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7 A. Resolution 2014-059 N.C.S. Authorizing Award of a Professional Services
8 Agreement for the Hauling and Disposal or Beneficial Reuse of City Biosolids. (St.
9 John/Walker)
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11 Director of Public Works and Utilities Dan St. John
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13 Environmental Services Manager Leah Walker
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15 Director St. John
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17 Mayor Glass
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19 Director St. John
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21 Mayor Glass
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23 Director St. John
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25 Mayor Glass
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27 Council Member Healy
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29 Mayor Glass
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31 Director St. John
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33 Mayor Glass opened Public Comment on Item S.A.
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35 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
36 S.A.
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38 Motion: Approve A. Resolution Authorizing Award of a Professional Services
39 Agreement for the Hauling and Disposal or Beneficial Reuse of City Biosolids.
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41 Motion by Chris Albertson, seconded by Mike Healy.
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43 Council Member Healy
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45 City Attorney Danly
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47 Mayor Glass
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49 Council Member Albertson
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51 City Attorney Danly
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April 7, 2014
Vol. 47, Page 139
Motion: Amend previous motion and second and Approve A. Resolution 2014-
059 N.C.S. Authorizing Award of a Professional Services Agreement for the Hauling
and Disposal or Beneficial Reuse of City Biosolids, amended as shown:
"NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby:
Approves the Professional Services Agreement attached as Exhibit A
for Hauling and Disposal or Reuse of City Biosolids for a period of three
years through June 30, 2017 with an option to renew the agreement e#
staff di o,ereti,,+,,., for one additional two-year period up to June 30, 2019
based on satisfactory performance, in a not to exceed amount of
$1,263,000 for the base, 3 -year term and $2,190,000 for the 5 -year term
if the option to renew is exercised.
2. Authorizes the City Manager or his designee to execute said
agreement on behalf of the City of Petaluma-ead-te-exec-u e, -G4;
P.MR.RdMe.Rt to exeFGise the r2
Motion by Chris Albertson, seconded by Mike Healy.
Vote: Motion carried 4-2
Yes:
Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney
No:
Teresa Barrett; David Glass
Abstain:
None
Absent:
Kathy Miller
Council Member Barrett
Council Member Healy
Introduction (First Reading) of an Ordinance Approving the First Amendment to
the Site Lease Agreement with SiriusXM Radio, Inc. fka XM Satellite Radio, Inc. (St.
John/Olive)
Director of Public Works and Utilities Dan St. John
Council Member Barrett
City Attorney Danly
Director St. John
Council Member Barrett
Mayor Glass
Council Member Albertson
Director St. John
Council Member Barrett
Vol. XX, Page 140
April 7, 2014
Mayor Glass
City Manager Brown
Mayor Glass
Mayor Glass opened Public Comment on Item 5.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
5.B.
Council Member Healy
Director St. John
City Attorney Danly
Mayor Glass confirmed that there was Council consensus to continue this item to
the April 21, 2014 Regular City Council/PCDSA meeting, so that staff may gather
information requested by Council.
C. Resolution 2014-060 N.C.S. Approving a Request to the Metropolitan
Transportation Commission for the Allocation of Fiscal Year 2014-2015
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding. (St.
John/Zimmer)
Director of Public Works and Utilities Dan St. John
Council Member Barrett
Director St. John
Council Member Barrett
Director St. John
Motion: Approve C. Resolution 2014-060 N.C.S. Approving a Request to the
Metropolitan Transportation Commission for the Allocation of Fiscal Year 2014-
2015 Transportation Development Act Article 3 Pedestrian/Bicycle Project
Funding.
Motion by Teresa Barrett, seconded by Mike Harris.
Council Member Healy
Director St. John
Council Member Healy
Mayor Glass
April 7, 2014 Vol. 47, Page 141
Mayor Glass opened Public Comment on Item 5.C.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.C.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No: None
Abstain: None
Absent: Kathy Miller
D. Resolution 2014-061 N.C.S. Authorizing the City Manager to Execute a Master
Utility Agreement with Sonoma Marin Area Rail Transit (SMART) to Install a Railroad
Exit Gate and Related Infrastructure Improvements at the Caulfield Lane Grade
Crossing. (St. John/Bates)
Director of Public Works and Utilities Dan St. John
Mayor Glass opened Public Comment on Item S.D.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
5.D.
Council Member Albertson
City Attorney Danly
Council Member Albertson
City Attorney Danly
Director St. John
Council Member Albertson
Director St. John
Council Member Healy
Council Member Barrett
Council Member Healy
Director St. John
Council Member Barrett
Mayor Glass
Council Member Healy
Vol. XX, Page 142
April 7, 2014
Mayor Glass
City Manager Brown
Vice Mayor Kearney
Motion: Approve D. Resolution 2014-061 N.C.S. Authorizing the City Manager to
Execute a Master Utility Agreement with Sonoma Marin Area Rail Transit (SMART)
to Install a Railroad Exit Gate and Related Infrastructure Improvements at the
Caulfield Lane Grade Crossing.
Motion by Mike Healy, seconded by Gabe Kearney.
Vote: Motion carried 4-2
Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney
No: Teresa Barrett; David Glass
Abstain: None
Absent: Kathy Miller
E. Resolution 2014-062 N.C.S. Repealing and Updating the Enabling Legislation for
the Pedestrian and Bicycle Advisory Committee. (St. John/Bates)
Director of Public Works and Utilities Dan St. John
Mayor Glass opened Public Comment on Item 5.E.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
5.E.
Vice Mayor Kearney
Director St. John
Vice Mayor Kearney
Director St. John
Mayor Glass
City Attorney Danly
Mayor Glass
City Manager Brown
City Attorney Donly
Mayor Glass
Council Member Healy
April 7, 2014
Vol. 47, Page 143
Motion: Approve E. Resolution Repealing and Updating the Enabling Legislation
for the Pedestrian and Bicycle Advisory Committee.
Motion by Mike Healy, seconded by Mike Harris.
Council Member Barrett
Council Member Healy
City Manager Brown
Council Member Barrett
City Manager Brown
Council Member Healy
City Attorney Danly
Council Member Healy
City Attorney Danly
Mayor Glass
Council Member Barrett
Motion: Amend Previous Motion/Second and Approve E. Resolution 2014-062
N.C.S. Repealing and Updating the Enabling Legislation for the Pedestrian and
Bicycle Advisory Committee, as amended, in the first bullet item under "The
Committee's duties also include" as shown:
"Reviewing development applications which are determined by City staff to
contain elements relevant to the Committee's mission and/or duties, providing
recommended conditions of approval to be reviewed by City staff far iaGlusiGn-a
and included in the documents to be submitted for consideration by City
Council, Planning Commission or other entitling body."
Motion by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No: None
Abstain: None
Absent: Kathy Miller
F. Introduction (First Reading) of Ordinance 2489 N.C.S. Authorizing the City
Manager to Execute an Easement Grant Deed Dedicating a Utility and Access
Easement for a Rail Line Central Instrument Location System (CIL) to Sonoma
Vol. XX, Page 144
April 7, 2014
Marin Area Rail Transit District (SMART) for the Purposes of Installation, Operations,
Access and Maintenance within City Owned Property Identified in Document
2008046260 Sonoma County Records (S.C.R.). (St. John/Bates)
Mayor Glass opened Public Comment on Item S.F.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
5. F.
Motion: Approve F. Introduction (First Reading) of Ordinance 2489
N.C.S. Authorizing the City Manager to Execute an Easement Grant Deed
Dedicating a Utility and Access Easement for a Rail Line Central Instrument
Location System (CIL) to Sonoma Marin Area Rail Transit District (SMART) for the
Purposes of Installation, Operations, Access and Maintenance within City Owned
Property Identified in Document 2008046260 Sonoma County Records (S.C.R.).
Motion by Chris Albertson, seconded by Gabe Kearney.
Vote: Motion carried 6-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No: None
Abstain: None
Absent: Kathy Miller
G. Introduction (First Reading) of Ordinance 2490 N.C.S. Authorizing the City
Manager to Execute an Agreement with the Sonoma Marin Area Rail Transit
District (SMART) for the Conveyance of Real Property located at Haystack
Landing (APN: 005-060-062), Construction of Undercrossing Improvements and
Reservation and Grant of Easements for Planned Pedestrian and Bicycle Trail. (St.
John/Bates) - Agenda title language change with Agenda Revision No. I -
Thursday, April 3, 2014.
Mayor Glass opened Public Comment on Item S.G.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.G.
Mayor Glass
Motion: Approve G. Introduction (First Reading) of Ordinance 2490
N.C.S. Authorizing the City Manager to Execute an Agreement with the Sonoma
Marin Area Rail Transit District (SMART) for the Conveyance of Real Property
located at Haystack Landing (APN: 005-060-062), Construction of Undercrossing
Improvements and Reservation and Grant of Easements for Planned Pedestrian
and Bicycle Trail.
Motion by Gabe Kearney, seconded by Teresa Barrett.
Vote: Motion carried 6-0
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April 7, 2014
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney
No:
None
Abstain:
None
Absent:
Kathy Miller
COUNCIL COMMENT
Council Member Harris
Council Member Albertson
City Manager Brown
Council Member Albertson
City Manager Brown
Council Member Albertson
Council Member Barrett
City Manager Brown
Vice Mayor Kearney
Council Member Healy
Mayor Glass
CLOSED SESSION
Vol. 47, Page 145
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Friends of Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt
Maguire, David Keller and Mary Fuller McChesney v. Pikochu ll, LLC, Kimberly Pfendler, as Trustee of the
Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E. Tavernetti, as Trustees of the
Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court
action numberSCV-253148.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Glass opened Public Comment on CLOSED SESSION.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION.
RECONVENE CLOSED SESSION
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
ADJOURN
Vol. XX, Page 146
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April 7, 2014
The meeting was adjourned at 9:30 p.m.
David Glass, Mayor
ATTEST:
Claire Cooper, CMC, City Clerk