HomeMy WebLinkAboutStaff Report 1.A 12/15/20143
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a zAr a 9 City of Petaluma, California
O MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
Z86$
Draft City Council/PCDSA Minutes
Monday, November 17, 2014
Regular Meeting
MONDAY. NOVEMBER 17, 2014
CLOSED SESSION - 5:15 P.M.
CALL TO ORDER - CLOSED SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass;
Mike Healy; Gabe Kearney; Kathy Miller
Absent: Mike Harris*
'Council Member Harris joined CLOSED SESSION at 5:45 p.m.
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.
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
of California Government Code Section 54956.9: Andrea D. Waters v. City of Petaluma Fire
Department, U.S.E.E.O.0 Charge no. 5555-2014-00733.
• CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of
California Government Code Section 54956.9: Andrea Waters v. City of Petaluma and Does 1-15,
Sonoma County Superior Court Case No. SCV-256309.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
of California Government Code Section 54956.9: Arbitration of David Sears Disciplinary Appeal, JAMS
No. 1100077589.
• 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. Michael Cohen, 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: Friends of Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt
Maguire, David Keller and Mary Fuller McChesney v. Pikachu II, LLC, Kimberly Pfendler, as Trustee of the
Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E. Tavernetti, as Trustees of the
Vol. XX, Page 2
November 17, 2014
1 Richard Rochat Tovernetti Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court
2 action number SCV-253148.
3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code Section
4 54956.8: Property: Assessor's Parcel Numbers 007-031-004 and 007-031-005 (Fairgrounds property)
5 Agency negotiator: John Brown and Ingrid Alverde. Negotiating parties: Joe Barkett and Sarah
6 Cummings. Under negotiation: Instruction to negotiators concerning price, terms, and terms of
7 payment.
8
9 ADJOURN TO CLOSED SESSION
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13 MONDAY. NOVEMBER 17. 2014
14 EVENING SESSION - 7:00 P.M.
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17 CALL TO ORDER - EVENING SESSION
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19 A. Roll Call
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21 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
22 Mike Healy; Gabe Kearney; Kathy Miller
23 Absent: None
24
25 B. Pledge of Allegiance
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27 Orasa Pahuwattanakorn, Student, Petaluma Adult School Citizenship Class
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29 C. Moment of Silence
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31 Mayor Glass asked that the meeting be adjourned in memory of Herb Louden.
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33 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
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35 Mayor Glass announced that COUNCIL COMMENT would be moved to the end of the agenda.
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37 PRESENTATION
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39 Mayor Glass
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41 PRESENTATION
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43 Presentation by Bartel and Associates Regarding the City's CaIPERS Retirement Plans.
44 (Mushallo)
45
46 Finance Director Bill Mushallo
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48 John Bartel, Bartel and Associates, San Mateo
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50 Council Member Harris
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52 Director Mushallo
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Mr. Bartel
Council Member Albertson
Mr. Bartel
Council Member Albertson
Mr. Bartel
Council Member Barrett
Mr. Bartel
Council Member Healy
Mr. Bartel
Council Member Healy
Mr. Bartel
Council Member Healy
Mr. Bartel
Council Member Harris
Mr. Bartel
Council Member Albertson
Mr. Bartel
Mayor Glass
Mr. Bartel
Mayor Glass
Mr. Bartel
Council Member Healy
Mr. Bartel
Council Member Healy
Mr. Bartel
Mayor Glass
November 17, 2014
Vol. XX, Page 3
Vol. XX, Page 4
November 17, 2014
1 Mr. Bartel
2
3 Mayor Glass
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5 Mr. Bartel
6
7 Council Member Healy
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9 Mr. Bartel
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11 Council Member Healy
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13 Mr. Bartel
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15 Council Member Miller
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17 Mr. Bartel
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19 Council Member Harris
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21 Mr. Bartel
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23 Council Member Albertson
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25 Mr. Bartel
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27 Mayor Glass
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29 Mr. Bartel
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31 Mayor Glass
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33 Council Member Miller
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35 Council Member Healy
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37 GENERAL PUBLIC COMMENT
38
39 Alba Fernandez, Orasa Pahuwattanakorn, and Silvia Valdez, Students, Petaluma Adult School
40 Citizenship Class, told Council they are currently studying state and local government, and
41 appreciated the opportunity to see local government in action at tonight's meeting.
42
43 Peter Tscherneff, Sonoma County, spoke of an Indigenous Sunrise Service to be held on Alcatraz
44 Island on November 271h.
45
46 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
47
48 David Feere, Petaluma, spoke about Sonoma Clean Power and said he feels the public has
49 been under -informed.
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51 Frank Di Stefano, Petaluma, spoke regarding the death of his family's pet on B Street and
52 submitted a neighborhood petition requesting the installation of stop signs.
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November 17, 2014
Jean Luc Di Stefano, Petaluma, spoke regarding the death of his family's pet on B Street.
Tracy Di Stefano, spoke regarding the death of her family's pet on B Street.
CITY MANAGER COMMENT
City Manager Brown
Item 5.A was heard at this time:
5. PUBLIC HEARING
Vol. XX, Page 5
A. Resolutions Adopting a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for the Corona Road Subdivision and Annexation Project,
Supporting Annexation, Approving a 31 -lot Tentative Subdivision Map, and
Approving Construction of a Detention Basin within the Urban Separator;
Introduction (First Reading) of Ordinances Approving Pre -Zoning and Designation
of the Farmhouse at 498 Corona Road as a Local Historic Landmark.
(Hines/Robbe) - Continued from the October 6, 2014 City Council Meeting.
Mayor Glass
Motion: Continue A. Resolutions Adopting a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the Corona Road Subdivision
and Annexation Project, Supporting Annexation, Approving a 31 -lot Tentative
Subdivision Map, and Approving Construction of a Detention Basin within the
Urban Separator; Introduction (First Reading) of Ordinances Approving Pre -Zoning
and Designation of the Farmhouse at 498 Corona Road as a Local Historic
Landmark to the December 15, 2014 Regular City Council/PCDSA Meeting.
Motion by Mike Harris, seconded by Kathy Miller.
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 MANAGER COMMENT. continued
Council Member Harris
City Manager Brown
Council Member Barrett
City Manager Brown
Council Member Barrett
Vol. XX, Page 6 November 17, 2014
1 City Manager Brown
2
3 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
5 City Attorney Danly reported that, in accordance with Government Code Section 54957.1, the
6 City Council had given final approval for a settlement agreement, by a vote of 6/1 with Council
7 Member Barrett opposed, between the City and David Sears. Pursuant to that agreement, the
8 City accepts Sears' resignation from City employment effective August 22, 2013 and withdraws
9 his termination and agrees to pay Mr. Sears a lump sum of $75,000 in return for dismissal of all
10 actions and disputes that Mr. Sears has or could have against the City. The Council has
11 authorized the City Manager to execute that on behalf of the City. The agreement itself will be a
12 public document once it's fully executed and will be available to members of the public upon
13 request.
14
15 He also reported that Council has given direction, again in accordance with Government Code
16 Section 54957.1, to authorize staff to pursue litigation in the interest of preserving important
17 program funds that are in jeopardy as a result of the redevelopment dissolution law, which funds
18 are critically important for the City's continuing to partner with non-profit organizations within the
19 City for important delivery of services, especially housing services. The particulars of that litigation
20 will be made available to the public once it's brought, in accordance with the Brown Act.
21
22 1. APPROVAL OF MINUTES
23
24 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, October
25 20, 2014.
26
27 The Minutes of Regular City Council/PCDSA Meeting of Monday, October 20, 2014
28 were deemed approved as submitted, with Vice Mayor Kearney abstaining as he
29 was not present of the meeting.
30
31 2. APPROVAL OF PROPOSED AGENDA
32
33 A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday,
34 December 1, 2014.
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36 Mayor Glass
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38 Council Member Healy
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40 There was Council consensus to add the item "Resolution in Support of a Living
41 Wage Proposal for the County of Sonoma" to the agenda.
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43 Council Member Harris
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45 City Manager Brown
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47 Mayor Glass
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49 Motion: Approve A. Agenda for Regular City Council/PCDSA Meeting of Monday,
50 December 1, 2014, as amended to add the item "Resolution in Support of a Living
51 Wage Proposal for the County of Sonoma."
52
November 17, 2014
Motion by Mike Healy, seconded by Gabe Kearney.
Vol. XX, Page 7
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 3. CONSENT CALENDAR
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13 A. Resolution 2014-168 N.C.S. Accepting Claims and Bills for September 2014.
14 (Mushollo)
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16 B. Resolution 2014-169 N.C.S. Authorizing City Manager to Sign Lease Documents for
17 Replacement Computer Workstations. (Williamsen)
18
19 C. Resolution 2014-170 N.C.S. Accepting Completion of the Leff -Turn
20 Protected/Permissive Signal Modification Project. (St. John/Zimmer)
21
22 D. Resolution 2014-172 N.C.S. Authorizing the Filing of an Application for FTA Section
23 5307 Funding for Replacement of Three Fixed -Route Buses, Purchase and
24 Installation of an Automated Vehicle Location/Computer Aided Dispatch System,
25 Purchase of Radios and Electronic Fireboxes for Replacement Buses; Committing
26 the Necessary Local Match for the Projects; and Stating the Assurance of the City
27 of Petaluma to Complete the Projects. (St. John/Rye)
28
29 E. Adoption (Second Reading) of Ordinance 2513 N.C.S. Authorizing the City
30 Manager to Grant Permanent and Temporary Construction Easements to Pacific
31 Gas and Electric Company (PG&E) for the Purposes of Construction, Re -
32 Construction, Operation, Repair and Maintenance of a Gas Main Pipeline and
33 Related Improvements Located on City of Petaluma Airport Property (Assessor's
34 Parcel Numbers: 136-080-004, 136-070-044, 136-060-057, 017-070-009, 017-060-
35 026 and 017-050-042). (St. John/Olive)
36
37 F. Adoption (Second Reading) of Ordinance 2514 N.C.S. Amending the Zoning Map
38 Contained in the Implementing Zoning Ordinance No. 2300 N.C.S., to Rezone the
39 Property Located at the Intersection of West and Keller Streets from R2 to Planned
40 Unit District (PUD), APN: 006-083-054, File No. PLMA-14-0002; and, Adoption
41 (Second Reading) of Ordinance 2515 N.C.S. Designating the Lundholm / Patocchi
42 House at 200 West Street as a Local Historic Landmark, APN 006-083-053, Parcel 1;
43 File No. PLMA-14-0002. (Hines)
44
45 G. Resolution 2014-171 N.C.S. Authorizing the City Manager to Sign a Professional
46 Services Agreement with Lucity, Inc., to Purchase and Implement Asset
47 Management Software. (St. John/Olive)
48
49 Mayor Glass
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51 City Attorney Danly
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Vol. XX, Page 8
Mayor Glass
November 17, 2014
Mayor Glass opened Public Comment on CONSENT CALENDAR Items 3.A, 3.8, 3.C, 3.E,
3.F, and 3.G.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT
CALENDAR Items 3.A, 3.B, 3.C, 3.E, 3.F, and 3.G.
Mayor Glass
Council Member Barrett
Public Works and Utilities Director Dan St. John
Council Member Albertson
Motion: Approve CONSENT CALENDAR Items 3.A, 3.6, 3.C, 3.E, 3.F, and 3.G.
Motion by Gabe Kearney, seconded by Kathy Miller.
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
Mayor Glass opened Public Comment on Item 3.1).
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 3.1).
Motion: Approve D. Resolution 2014-172 N.C.S. Authorizing the Filing of an Application for
FTA Section 5307 Funding for Replacement of Three Fixed -Route Buses, Purchase and
Installation of an Automated Vehicle Location/Computer Aided Dispatch System,
Purchase of Radios and Electronic Fareboxes for Replacement Buses; Committing the
Necessary Local Match for the Projects; and Stating the Assurance of the City of
Petaluma to Complete the Projects, as amended to change, in item 5 of the resolution,
the words "The City of Petaluma is authorized to file an application" to "The City
Manager is authorized to execute and file an application on behalf of the City of
Petaluma."
Motion by Kathy Miller, 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
November 17. 2014
Vol. XX, Page 9
1 Absent: None
2
3 4. NEW BUSINESS
4
5 A. Resolution 2014-173 N.C.S. Approving an Amendment to the Classification and
6 Compensation Plans by: 1) Establishing the New Classifications and Pay Ranges
7 of Deputy Director of Public Works & Utilities and Assistant Operations Manager; 2)
8 Authorizing the Position Allocations of One Deputy Director of Public Works &
9 Utilities, Two Assistant Operations Managers, and One Public Works Inspector II;
10 3) Abolishing the Classifications of Engineering Manager, Utility Supervisor, Public
11 Works Supervisor, Utility Manager, Assistant Utility Manager, Public Facilities
12 Manager, Public Facilities & Services Project Manager, Water Conservation
13 Coordinator, Project Manager -Green Building, Parks & Landscape Manager; and
14 4) Revising the Classifications, Allocations and Pay Ranges of Project Manager,
15 Parks & Facilities Maintenance Manager, and Environmental Services Analyst.
16 Dinsmore/St. John)
17
18 Public Works and Utilities Director Dan St. John
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20 Council Member Barrett
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22 Director St. John
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24 Council Member Albertson
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26 Director St. John
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28 Council Member Albertson
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30 Council Member Miller
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32 Director St. John
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34 Motion: Approve A. Resolution 2014-173 N.C.S. Approving an Amendment to the
35 Classification and Compensation Plans by: 1) Establishing the New
36 Classifications and Pay Ranges of Deputy Director of Public Works & Utilities and
37 Assistant Operations Manager; 2) Authorizing the Position Allocations of One
38 Deputy Director of Public Works & Utilities, Two Assistant Operations Managers,
39 and One Public Works Inspector II; 3) Abolishing the Classifications of
40 Engineering Manager, Utility Supervisor, Public Works Supervisor, Utility Manager,
41 Assistant Utility Manager, Public Facilities Manager, Public Facilities & Services
42 Project Manager, Water Conservation Coordinator, Project Manager -Green
43 Building, Parks & Landscape Manager; and 4) Revising the Classifications,
44 Allocations and Pay Ranges of Project Manager, Parks & Facilities Maintenance
45 Manager, and Environmental Services Analyst.
46
47 Motion by Teresa Barrett, seconded by Gabe Kearney.
48
49 Mayor Glass opened Public Comment on Item 4.A.
50
51 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
52 4.A.
Vol. XX, Page 10 November 17, 2014
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
B. Introduction (First Reading) of Ordinance 2516 N.C.S. Authorizing Lease of Real
Property Located at 1500 Petaluma Boulevard South, Petaluma, CA (APN: 019-
210-012) to the Committee on the Shelterless (COTS) and Authorizing the City
Manager to Execute the Lease and Related Documents. (Castellucci)
Housing Program Specialist Sue Castellucci
Mayor Glass opened Public Comment on Item 4.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.B.
Council Member Albertson
Ms. Castellucci
Council Member Healy
Motion: Approve B. Introduction (First Reading) of Ordinance 2516 N.C.S.
Authorizing Lease of Real Property Located at 1500 Petaluma Boulevard South,
Petaluma, CA (APN: 019-210-012) to the Committee on the Shelterless (COTS)
and Authorizing the City Manager to Execute the Lease and Related Documents.
Motion by Mike Healy, 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
C. First Quarter Budget Update and Introduction (First Reading) of Ordinance 2517
N.C.S. - Ordinance 2521 N.C.S. Amending Ordinances 2492, 2493, 2494, 2495 and
2496 N.C.S. to Change Certain Appropriations for the Operations of the City of
Petaluma from July 1, 2014 to June 30, 2015. (Mushallo)
Finance Director Bill Mushallo
Mayor Glass opened Public Comment on Item 4.C.
November 17, 2014
Vol. XX, Page 11
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.C.
Council Member Harris
Director Mushallo
Council Member Albertson
Director Mushallo
Council Member Albertson
Mayor Glass
Motion: Approve C. Introduction (First Reading) of Ordinance 2517 N.C.S.
(General Fund), Ordinance 2518 N.C.S. (Enterprise Funds), Ordinance 2519 N.C.S.
(Internal Service Funds), Ordinance 2520 N.C.S. (Special Revenue Funds), and
Ordinance 2521 N.C.S. (Capital Projects Funds) Amending Ordinances 2492, 2493,
2494, 2495 and 2496 N.C.S. to Change Certain Appropriations for the Operations
of the City of Petaluma from July 1, 2014 to June 30, 2015.
Motion by David Glass, 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
D. Resolution 2014-174 N.C.S. Authorizing the City Manager to Execute a Professional
Services Agreement for Engineering Design Services for the Paula Lane Tank
Project. (St. John/Zimmer)
Public Works and Utilities Director Dan St. John
Council Member Barrett
Director St. John
Council Member Barrett
Director St. John
Council Member Healy
Director St. John
Council Member Healy
Vol. XX, Page 12
November 17. 2014
1 Director St. John
2
3 Council Member Healy
4
5 Motion: Approve D. Resolution 2014-174 N.C.S. Authorizing the City Manager to
6 Execute a Professional Services Agreement for Engineering Design Services for
7 the Paula Lane Tank Project.
8
9 Motion by Mike Healy, seconded by Teresa Barrett.
10
11 Council Member Barrett
12
13 Director St. John
14
15 Mayor Glass opened Public Comment on Item 4.1).
16
17 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
18 4. D.
19
20 Vote: Motion carried 7-0
21
22 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
23 Mike Healy; Gabe Kearney; Kathy Miller
24 No: None
25 Abstain: None
26 Absent: None
27
28 COUNCIL COMMENT
29
30 Council Member Harris
31
32 Council Member Albertson
33
34 Council Member Barrett
35
36 Vice Mayor Kearney
37
38 Council Member Healy
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40 Council Member Miller
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42 Mayor Glass
43
44 ADJOURN
45
46 Motion: Adjourn the meeting.
47
48 Motion by Teresa Barrett, seconded by Kathy Miller.
49
50 Vote: Motion carried 7-0
51
52 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
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November 17, 2014
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
The meeting was adjourned at 9:36 p.m. in memory of Herb Louden.
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor
Vol. XX, Page 13