HomeMy WebLinkAboutCity Council/PCDSA Minutes 04/21/201410
11
12
13
14
15
16
17
18
19
April 21, 2014
R ��r U � City of Petaluma, California
O MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
186$
City Council/PCDSA Minutes
Monday, April 21, 2014
Regular Meeting
MONDAY, APRIL 21, 2014
CLOSED SESSION - 6:00 P.M.
CALL TO ORDER - CLOSED SESSION
A. Roll Call
Vol. 47, Page 147
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney; Kathy Miller
Absent: None
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (i) 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 - 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. 34-2013-80001459.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: City of Petaluma, ei 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 Skoff 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. 47, Page 148
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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
April 21, 2014
City Attorney Danly announced that there was need for the Council to take action at tonight's
meeting on an item that was not listed on the posted agenda. The facts that establish the need
to take action tonight are as follows: A settlement proposal was issued to the City on Friday, April
18, 2014, after the agenda for the April 21, 2014 City Council Meeting was posted on Tuesday,
April 15, 2014. The settlement proposal requires City Council action prior to the next scheduled
City Council meeting on May 5, 2014. He therefore recommended that the City Council, by
motion, add an item to tonight's agenda in accordance with Section 54954.2, Subdivision (b),
Paragraph (2) of the Brown Act because there is a need to take immediate action on the item,
and that need came to the City's attention after the agenda for tonight's meeting was posted.
The agenda item to be added would read as follows:
CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION: Pursuant to
Government Code Section 54956.9, Subdivision (d), Paragraph (l). Name of
case: Bryant Moynihan v. City of Petaluma, case SCV-250959.
Mayor Glass
Council Member Healy
City Attorney Danly
Council Member Healy
Motion: Approve adding an item to tonight's agenda in accordance with Section 54954.2,
Subdivision (b), Paragraph (2) of the Brown Act because there is a need to take immediate
action on the item, and that need came to the City's attention after the agenda for tonight's
meeting was posted. The agenda item to be added would read as follows: CONFERENCE WITH
LEGAL COUNCIL - EXISTING LITIGATION: Pursuant to Government Code Section 54956.9,
Subdivision (d), Paragraph (1). Name of case: Bryant Moynihan v. City of Petaluma, case SCV-
250959.
Motion by David Glass, seconded by Teresa Barrett.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
City Attorney Danly
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Glass opened Public Comment on CLOSED SESSION items.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION
items.
ADJOURN TO CLOSED SESSION
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
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
April 21, 2014 Vol. 47, Page 149
MONDAY, APRIL 21, 2014
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney; Kathy Miller
Absent: None
B. Pledge of Allegiance
Police Chief Pat Williams
C. Moment of Silence
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that COUNCIL COMMENT would be moved to the end of the agenda,
after which Council would reconvene in CLOSED SESSION.
PRESENTATION
• Junior Police Camp Recognition
Police Chief Pat Williams
Heidi Borges, Public Safety Dispatcher
PROCLAMATIONS
• Children's Memorial Day -April 27, 2014
Mayor Glass
John Goehring and Richard Cullinen, Board Members of MOVES (Minimizing Occurrences of
Violence in Everyday Society), Santa Rosa
• California Safe Digging Month - April 2014
Mayor Glass
Brian Bottari, Pacific Gas & Electric Company
Jon Little, Director, PG&E Northern Division Corporate Affairs Director
GENERAL PUBLIC COMMENT
Mayor Glass opened GENERAL PUBLIC COMMENT.
Vol. 47, Page 150
April 21, 2014
1 Jean Lake, Petaluma, told Council she is visually impaired. Every day she must cross D Street at
2 6th Street. On a bright, sunny day, she can't tell how close she is to the street - she can't tell
3 where the sidewalk ends and the street begins, as they are the same level. She feels she is in
4 danger of being hit as drivers may be inattentive or the sun may be in their eyes. She spoke to
5 City staff who told her that there was no money to install truncated domes at that intersection.
6 She said it is dangerous and was making a formal request to the City install truncated domes at
7 that intersection, and would like a written response, via regular or email, from the City.
8
9 Kat Aby, Petaluma, California Council for the Blind, told Council she is also visually impaired and
10 must cross D Street at 6th Street each day. She was also told by City staff that there was no
11 money to install truncated domes at that location. However, truncated domes have been
12 recently installed at other locations in the City. She explained that she has almost been run
13 down in the crosswalk and while standing on the corner by drivers making right turns. She stated
14 she was making a formal request to the City to install truncated domes at that location, and
15 would also like a written response from the City, in a reasonable amount of time, via email.
16
17 Janice Cader-Thompson, Petaluma, spoke regarding unsafe installation of fire hydrants and the
18 problem of cars parked with the right wheels on the sidewalk, explaining that people with
19 disabilities can't maneuver around these obstacles. She also reiterated her wish to have
20 discussion regarding the J.P. Morgan loan placed on an upcoming Council agenda.
21
22 Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT.
23
24 CITY MANAGER COMMENT
25
26 City Manager Brown
27
28 Mayor Glass
29
30 City Attorney Donly
31
32 Mayor Glass
33
34 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
35
36 None.
37
38 1. APPROVAL OF MINUTES
39
40 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, April 7,
41 2014.
42
43 The Minutes of Regular City Council/PCDSA Meeting of Monday, April 7, 2014
44 were deemed approved as presented.
45 2. APPROVAL OF PROPOSED AGENDA
46
47 A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday, May 5,
48 2014.
49
50 Motion: Approve A. Agenda for Regular City Council/PCDSA Meeting of Monday,
51 May 5, 2014, as presented.
52
April 21, 2014
Motion by Mike Harris, seconded by Teresa Barrett.
Council Member Harris
City Manager Brown
Council Member Harris
Vice Mayor Kearney
Mayor Glass
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
3. CONSENT CALENDAR
Vol. 47, Page 151
A. Adoption (Second Reading) of Ordinance 2489 N.C.S. Authorizing the City
Manager to Execute a Grant Deed Dedicating a Utility and Access Easement for
a Rail Line Central Instrument Location System (CIL) to Sonoma Marin Area Rail
Transit (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)
B. Adoption (Second 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)
C. Resolution 2014-063 N.C.S. Authorizing Award of Contract for the Magnolia Pump
Station Upgrade Project. (St. John/Zimmer)
D. Resolution 2014-064 N.C.S. Authorizing the City Manager to Execute a Professional
Services Agreement with GHD for Engineering Services for the Petaluma
Complete Streets Project. (St. John/Zimmer)
Mayor Glass opened Public Comment on CONSENT CALENDAR items.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT
CALENDAR items.
Motion: Approve CONSENT CALENDAR items 3.A, 3.13, 3.C, and 3.D.
Motion by Mike Healy, seconded by Teresa Barrett.
Vol. 47, Page 152
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
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
4.
Vote: Motion carried 7-0
April 21, 2014
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
UNFINISHED BUSINESS
A. Discussion and Resolution 2014-065 N.C.S. Approving the First Amended and
Restated Joint Powers Agreement for the County -Wide Provision of Library
Services by the Sonoma County Library. (Brown)
Mayor Glass
Mayor Glass opened Public Comment on Item 4.A.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.A.
City Manager Brown
Mayor Glass
Council Member Barrett
Mayor Glass
Council Member Healy
Council Member Barrett
Motion: Approve A. Resolution 2014-065 N.C.S. Approving the First Amended and
Restated Joint Powers Agreement for the County -Wide Provision of Library
Services by the Sonoma County Library.
Motion by Teresa Barrett, seconded by Gabe Kearney.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
COUNCIL COMMENT
Council Member Harris
Council Member Miller
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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
53
54
April 21, 2014
Council Member Albertson
Council Member Healy
Vice Mayor Kearney
Council Member Barrett
Mayor Glass
City Manager Brown
Council Member Albertson
City Manager Brown
CLOSED SESSION
Vol. 47, Page 153
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: One potential case.
• 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, 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.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Glass opened Public Comment on CLOSED SESSION items.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION
items.
RECONVENE CLOSED SESSION
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
City Attorney Danly reported that the Council had reaffirmed its previous direction to pursue an
appeal of the Matosantos cases.
ADJOURN
The meeting was adjourned at 8:52 p.m.
- d Glass, ayor
Vol. 47, Page 154
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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
ATTEST:
b -L
Claire Cooper, CMC, City Clerk
April 21, 2014