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HomeMy WebLinkAboutStaff Report Agenda Item #1.C 02/23/2015Agenda Item # 1.1 az�7'U 9 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY 185a Draft City Council/PCDSA Minutes Monday, February 2, 2015 Regular Meeting MONDAY. FEBRUARY 2. 2015 CLOSED SESSION - 5:00 P.M. 9 10 CALL TO ORDER - CLOSED SESSION 11 12 A. Roll Call 13 14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; 15 Gabe Kearney; Dave King; Kathy Miller 16 Absent: None 17 18 CLOSED SESSION 19 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: Scott Brodhun, and Dianne Dinsmore. AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical/Technical; Petaluma Professional 8, Mid -Manager Association, Unit 4 - Professional, Unit 9 - Mid -Managers, and Unit 11 - Confidential; Peace Officers' Association of Petaluma Unit 6 - Police; International Association of Firefighters Local, 1415 Unit 7 - Fire; and, Petaluma Public Safety Mid -Management Association Unit 10 - Public Safety Mid -Managers. • CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Paragraph (3) 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: Andrea Waters v. City of Petaluma and Does 1-15, Sonoma County Superior Court Case No. SCV-256309. • 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. • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of California Government Code Section 54957. Title: City Manager. -Added with Agenda Revision No. 1 - Thursday, January 29, 2015. • CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Initiation of litigation pursuant to Paragraph (3) of Subdivision (C) of Section 54956.9: One potential case. - Added with Agenda Revision No. 1 - Thursday, January 29, 2015. • CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9: Minick v. City of Petaluma, et al., Sonoma County Superior Court Case no. SCV-251915. -Added with Agenda Revision No. 1 -Thursday, January 29, 2015. Vol. XX, Page 2 February 2, 2015 1 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) 2 of California Government Code Section 54956.9: Thompson v. City of Petaluma, Case No. A137981 in 3 the Court of Appeal of the State of California, First Appellate District, Division 4. -Added with Agenda 4 Revision No. 1 - Thursday, January 29, 2015. 5 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph )1) of subdivision (d) 6 of California Government Code Section 54956.9: Leanna Halvorsen, Harold Christian Halvorsen, IV v. 7 City of Petaluma, Officer Zilverio Rivera, Teresa Maria Kostelnik, Tina M. White -Goldstein, Tammy Lee 8 Branagan, David Adams, Daniel Ackerman, Does 1 to 500, Sonoma County Superior Court Case No. 9 SCV251 123. - Added with Agenda Revision No. 1 - Thursday, January 29, 2015. 10 11 PUBLIC COMMENT ON CLOSED SESSION ITEMS 12 13 Mayor Glass opened Public Comment on CLOSED SESSION items. 14 15 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED 16 SESSION items. 17 18 ADJOURN TO CLOSED SESSION 19 20 21 22 23 MONDAY. FEBRUARY 2. 2015 24 EVENING SESSION - 7:00 P.M. 25 26 27 CALL TO ORDER 28 29 A. ROLL CALL 30 31 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; 32 Gabe Kearney; Dave King; Kathy Miller 33 Absent: None 34 35 B. PLEDGE OF ALLEGIANCE 36 37 C. MOMENT OF SILENCE 38 39 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) 40 41 Mayor Glass announced that COUNCIL COMMENT would be moved to the end of the agenda; 42 followed by the Council's return to CLOSED SESSION. 43 44 PROCLAMATIONS 45 46 Black History Month - February 2015 47 48 Mayor Glass 49 50 Gloria Robinson, Petaluma Blacks for Community Development, Petaluma 51 52 Teen Dating Violence Awareness and Prevention Month - February 2015 -Added with 53 Agenda Revision No. 1 - Thursday, January 29, 2015. 54 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 February 2, 2015 Vol. XX, Page 3 Mayor Glass Sarah Sass, Youth Advisory Chair, Guided to Safety, Petaluma PRESENTATION Y Presentation of the 2014 Comprehensive Annual Financial Report. (Mushallo/Garberolio) Corey Garberolio, Principal Financial Analyst, Finance Department Katherine Yen, CPA, Partner, Maze & Associates, Pleasant Hill Mayor Glass GENERAL PUBLIC COMMENT Peter Tscherneff, Petaluma, spoke of several famous black Americans, in honor of Black History Month. Dave Libchitz, Petaluma, urged Council to enact a moratorium on new water connections during this drought. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Victor Chechanover, Petaluma, suggested the City hold a workshop to help citizens navigate the City's website. He also spoke about transit and marina expenditures. CITY MANAGER COMMENT City Manager Brown Vice Mayor Miller City Manager Brown REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, January 5, 2015. The Minutes of Regular City Council/PCDSA Meeting of Monday, January 5, 2015 were deemed approved as presented. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Agenda for Regular City Council/PCDSA Meeting of Monday, February 23, 2015. - Revision No. 1 - Thursday, January 29, 2015. Motion: Approve A. Revised Agenda for Regular City Council/PCDSA Meeting of Monday, February 23, 2015, as presented. Vol. XX, Page 4 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 February 2, 2015 Motion by Gabe Kearney, seconded by Chris Albertson. Vote: Motion carried 7-0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None 3. CONSENT CALENDAR A. Resolution 2015-013 N.C.S. Approving Claims and Bills for January 2015. (Mushollo) B. Adoption (Second Reading) of Ordinance 2528 N.C.S. Authorizing Lease of Real Property located at 1500 Petaluma Boulevard South, Petaluma, CA (APN 019-210- 012) to the Petaluma People Services Center (PPSC) and Authorizing the City Manager to Execute the Lease and Related Documents. (Castellucci) C. Adoption (Second Reading) of Ordinance 2529 N.C.S. Authorizing Lease of Real Property at 25 Howard Street, Petaluma, CA (APN 008-044-010) to the Petaluma People Services Center (PPSC) and Authorizing the City Manager to Execute the Lease and Related Documents. (Castellucci) D. Adoption (Second Reading) of Ordinance 2530 N.C.S. Authorizing Lease of Real Properly located at 211 Novak Drive, Petaluma, CA (APN 136-111-022) to the Petaluma People Services Center (PPSC) and Authorizing the City Manager to Execute the Lease and Related Documents. (Castellucci) Council Member King City Attorney Donly Mayor Glass opened Public Comment on CONSENT CALENDAR items. Victor Chechanover, Petaluma, spoke regarding the Meyers Nave detail in the Claims and Bills ledger. Mayor Glass City Attorney Donly Mayor Glass City Attorney Danly City Manager Brown Council Member Albertson Council Member Healy 1 Z 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 4. February 2, 2015 City Attorney Donly Vol. XX, Page 5 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on CONSENT CALENDAR items. Motion: Approve CONSENT CALENDAR items 3.A, 3.11, 3.C, and 3.D. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7-0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None NEW BUSINESS A. Resolution 2015-014 N.C.S. Authorizing Application for a Housing -Related Parks Program Grant. (Castellucci) Housing Program Specialist Sue Castellucci Vice Mayor Miller Ms. Castellucci Mayor Glass opened Public Comment on Item 4.A. Victor Chechanover, Petaluma, asked if the grant money could be used for improvements at Wiseman Park. Mayor Glass City Manager Brown Ms. Castellucci Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A. Motion: Approve A. Resolution 2015-014 N.C.S. Authorizing Application for a Housing -Related Parks Program Grant. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7-0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Vol. XX, Page 6 February 2, 2015 1 Absent: None 3 B. Resolution 2015-015 N.C.S. Recommending Appointments to the Mayors' & 4 Councilmembers' Association to Fill Vacancies on the Airport Land Use 5 Commission, Bay Area Air Quality Management District Board, Golden Gate 6 Bridge, Highway & Transportation District, Coastal Commission, Local Agency 7 Formation Commission, Metropolitan Transportation Commission, Remote Access 8 Network Board, ABAG Regional Planning Commission, North Bay Division of 9 League of California Cities, and the Sonoma -Marin Area Rail Transit (SMART) 10 Board of Directors. (Brown) 11 12 Motion: Approve recommendation to the Mayors' and Councilmembers' 13 Association the following appointments: 14 15 Teresa Barrett, (Petaluma) to the Bay Area Air Quality Management District 16 (BAAQMD) Board. 17 Gina Belforte, (Rohnert Park) to the Golden Gate Bridge, Highway & 18 Transportation District. 19 Sarah Glade Gurney (Sebastopol) as the Coastal Commission North Coast 20 Representative. 21 Mark Landman (Cotati) as the Local Agency Formation Commission (LAFCO) 22 Representative (Alternate). 23 Jake Mackenzie (Rohnert Park) to the Metropolitan Transportation 24 Commission (MTC). 25 Julie Combs (Santa Rosa) to the Association of Bay Area Governments 26 (ABAG) Planning Commission. 27 28 Motion by Kathy Miller, seconded by Teresa Barrett. 29 30 Vote: Motion carried 7-0 31 32 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; 33 Gabe Kearney; Dave King; Kathy Miller 34 No: None 35 Abstain: None 36 Absent: None 37 38 Motion: Approve recommendation to the Mayors' and Councilmembers' 39 Association, the appointment of Chris Albertson (Petaluma), to the North Bay 40 Division, League of California Cities Executive Board (Alternate). 41 42 Vote: Motion carried 7-0 43 44 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; 45 Gabe Kearney; Dave King; Kathy Miller 46 No: None 47 Abstain: None 48 Absent: None 49 50 Mayor Glass 51 52 Council Member Kearney February 2, 2015 Vol. XX, Page 7 2 Mayor Glass 3 4 City Clerk Cooper collected the ballots for the Airport Land Use Commission and 5 read the results as follows: 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 • Council Member Albertson: Dominic Foppoli (Windsor) and Gabe Kearney (Petaluma) • Council Member Barrett: Gabe Kearney (Petaluma) and Sam Salmon (Windsor) • Mayor Glass: Gabe Kearney (Petaluma) and Sam Salmon (Windsor) • Council Member Healy: Gabe Kearney (Petaluma) and Sam Salmon (Windsor) • Council Member Kearney: Dominic Foppoli (Windsor) and Gabe Kearney (Petaluma) • Council Member King: Gabe Kearney (Petaluma) • Vice Mayor Miller: Dominic Foppoli (Windsor) and Gabe Kearney (Petaluma) City Attorney Danly tallied the votes and announced that Gabe Kearney (Petaluma) had received 7 votes; Dominic Foppoli (Windsor) and Sam Salmon (Windsor) had each received 3 votes. Mayor Glass asked that Council vote "by the lights," with "yes" being a vote for Sam Salmon (Windsor), and "no" being a vote for Dominic Foppoli (Windsor). Mayor Glass announced that Council had recommended the appointment of Sam Salmon (Windsor) to the Airport Land Use Commission as follows: Council Member Albertson: Dominic Foppoli (Windsor) Council Member Barrett: Sam Salmon (Windsor) Mayor Glass: Sam Salmon (Windsor) Council Member Healy: Sam Salmon (Windsor) Council Member Kearney: Dominic Foppoli (Windsor) Council Member King: Sam Salmon (Windsor) Vice Mayor Miller: Dominic Foppoli (Windsor) Mayor Glass City Clerk Cooper collected the ballots for the Sonoma -Marin Area Rail Transit (SMART) Board of Directors and read the results as follows: • Council Member Albertson: Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) • Council Member Barrett: Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) • Mayor Glass: Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) • Council Member Healy: Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) Vol. XX, Page 8 February 2, 2015 • Council Member Kearney: Erin Carlstrom (Santa Rosa) and Jake Mackenzie (Rohnert Park) • Council Member King: Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) • Vice Mayor Miller: Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) Mayor Glass announced that Council had recommended the appointment of Jake Mackenzie (Rohnert Park) and Carol Russell (Cloverdale) to the Sonoma - Marin Area Rail Transit (SMART) Board of Directors. C. County Sales Tax Measure and Special Legislation. (Brown) City Manager Brown Mayor Glass Council Member Healy Vice Mayor Miller Mayor Glass Vice Mayor Miller Council Member Barrett Vice Mayor Miller Council Member King Council Member King disclosed that his wife is on the Andy Lopez Task Force, for which she does receive compensation, and the Community Development Commission. Has been assured by City Attorney Donly that this does not create a conflict of interest for him on this item. Mayor Glass opened Public Comment on Item 4.C. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.C. Council Member Healy Council Member Albertson City Manager Brown Council Member Albertson Council Member Kearney Council Member King 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 February 2, 2015 Mayor Glass City Manager Brown Council Member Barrett Mayor Glass Council Member Albertson City Manager Brown Council Member Albertson Mayor Glass Vice Mayor Miller Council Member Healy Vice Mayor Miller COUNCIL COMMENT Vice Mayor Miller Council Member Albertson Council Member Healy Council Member Barrett Mayor Glass Council Member King Council Member Kearney Mayor Glass City Attorney Danly CLOSED SESSION Vol. XX, Page 9 • 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: 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 Vol. XX, Page 10 February 2, 2015 1 Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court 2 action number SCV-253148. 3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of 4 California Government Code Section 54957. Title: City Manager. - Added with Agenda Revision No. I - 5 Thursday, January 29, 2015. 6 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to 7 Paragraph (3) of Subdivision (C) of Section 54956.9: One potential case. - Added with Agenda Revision 8 No. I - Thursday, January 29, 2015. 9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) 10 of California Government Code Section 54956.9: Minick v. City of Petaluma, et al., Sonoma County 11 Superior Court Case no. SCV-251915. - Added with Agenda Revision No. 1 - Thursday, January 29, 2015. 12 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) 13 of California Government Code Section 54956.9: Thompson v. City of Petaluma, Case No. A 137981 in 14 the Court of Appeal of the State of California, First Appellate District, Division 4. - Added with Agenda 15 Revision No. I - Thursday, January 29, 2015. 16 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) 17 of California Government Code Section 54956.9: Leanno Halvorsen, Harold Christian Halvorsen, IV v. 18 City of Petaluma, Officer Zilverio Rivera, Teresa Maria Kostelnik, Tina M. White -Goldstein, Tammy Lee 19 Branagan, David Adams, Daniel Ackerman, Does 1 to 500, Sonoma County Superior Court Case No. 20 SCV251123. - Added with Agenda Revision No. I - Thursday, January 29, 2015. 21 22 PUBLIC COMMENT ON CLOSED SESSION 23 24 Mayor Glass opened Public Comment on CLOSED SESSION items. 25 26 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED 27 SESSION items. 28 29 ADJOURN TO CLOSED SESSION 30 31 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 32 33 None. 34 35 ADJOURN 36 37 The meeting was adjourned at 9:04 p.m. 38 39 40 41 42 43 44 45 David Glass, Mayor 46 47 48 49 ATTEST: 50 51 52 53 Claire Cooper, CMC, City Clerk