HomeMy WebLinkAboutCity Council/PCDSA Minutes 11/02/2015November 2, 2015
T, U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
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1 City Council /PCDSA Minutes
2 Monday, November 2, 2015
3 Regular Meeting
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7 MONDAY, NOVEMBER 2, 2015
8 CLOSED SESSION - 5:30 P.M.
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CALL TO ORDER - CLOSED SESSION
A. ROLL CALL
Vol. 48, Page 21
Present: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King;
Kathy Miller
Absent: Teresa Barrett
CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
Agency Designated Representatives: Scott Brodhun, and Dianne Dinsmore. 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 - 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
Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court
action number SCV- 253148.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Spivak v. SMART, Sonoma County Superior Court Case No. SCV-
255260.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: One potential case.
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of
California Government Code Section 54957. Title: City Attorney.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Glass opened Public Comment on CLOSED SESSION items.
Vol. 48, Page 22
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November 2, 2015
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED
SESSION items.
ADJOURN TO CLOSED SESSION
MONDAY, NOVEMBER 2, 2015
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION
A. ROLL CALL
Present: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King;
Kathy Miller
Absent: Teresa Barrett
B. PLEDGE OF ALLEGIANCE
Members of Petaluma Adult School Citizenship Class
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
• Request from Vice Mayor Miller and Council Members Healy and Kearney to place an item
on the current agenda for discussion and possible direction to staff: Discussion and Possible
Direction on Revisions to the Traffic Mitigation Fee Program to Consider Inclusion of Land
Acquisition Costs for the Rainier Cross -Town Connector and Interchange Project and for
SMART Station Improvements for the Future Corona Road SMART Station. (Brown)
- Added with Agenda Revision No. 1 - Thursday, October 29, 2015.
Motion: Approve Request from Vice Mayor Miller and Council Members Healy and Kearney
to place an item on the current agenda for discussion and possible direction to staff:
Discussion and Possible Direction on Revisions to the Traffic Mitigation Fee Program to
Consider Inclusion of Land Acquisition Costs for the Rainier Cross -Town Connector and
Interchange Project and for SMART Station Improvements for the Future Corona Road SMART
Station, as the last item on tonight's agenda prior to Council's return to CLOSED SESSION.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 6 -0
Yes:
Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No:
None
Abstain:
None
Absent:
Teresa Barrett
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November 2, 2015
Item 5.13 was heard next:
5. PUBLIC HEARINGS
Vol. 48, Page 23
B. Public Hearing and Resolution 2015 -165 N.C.S. Confirming the Cost of Abatement
of Weeds and Confirming Approval of the Forwarding of Unpaid Bills to the
County Assessor's Office for Collection as Assessments. (Fergus)
Council Member King recused himself and left the dais as he lives within 500' of
one of the parcels.
Mayor Glass opened Public Comment on Item S.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
5.B.
Motion: Approve B. Resolution 2015 -165 N.C.S. Confirming the Cost of Abatement
of Weeds and Confirming Approval of the Forwarding of Unpaid Bills to the
County Assessor's Office for Collection as Assessments.
Motion by Mike Healy, seconded by Gabe Kearney.
Vote: Motion carried 5 -0
Yes:
Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Kathy Miller
No:
None
Abstain:
Dave King
Absent:
Teresa Barrett
Council Member King returned to the dais.
PRESENTATION
• Presentation of the Certificate of Achievement for Excellence in Financial Reporting Award.
Finance Director Bill Mushallo
Mayor Glass
GENERAL PUBLIC COMMENT
Mayor Glass
Ignacio Romo and Maria Guerrero, from Mexico and Columbia, both students in the Petaluma
Adult School Citizenship Class, spoke about why they wanted to become U.S. Citizens.
Paul Clary, Petaluma Gap Winegrowers Alliance, spoke in favor of winery home occupation and
showcasing Petaluma wines downtown.
Kamari Sivadas, Sebastopol, Sonoma Alliance for Medical Marijuana, would like to be involved
in developing the medical marijuana ordinance.
Vol. 48, Page 24
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November 2, 2015
Mary Pat Jacobs, Jenner, Sonoma Alliance for Medical Marijuana, feels that Petaluma's
marijuana ordinance can be nuisance abated like Sebastopol's ordinance.
Mayor Glass
Janice Cader- Thompson, Petaluma, spoke about issues with traffic in Petaluma at Lakeville and
D Streets.
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
City Attorney Danly stated that there was no required reportable action out of CLOSED SESSION,
but that Council had directed staff to prepare a packet of legislation for Traffic Mitigation Fees
for the December 7, 2015 City Council Meeting.
CITY MANAGER COMMENT
City Manager Brown
Mayor Glass
City Manager Brown
Council Member Albertson
City Manager Brown
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, August
3, 2015.
B. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday,
September 14, 2015.
C. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday,
September 21, 2015.
D. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, October
5, 2015.
E. Approval of Minutes of Special City Council /PCDSA Meeting of Monday, October
19, 2015.
Council Member Healy
Mayor Glass
Item 1.A (Minutes of August 3, 2015) was deemed approved as corrected on page 4
under GENERAL PUBLIC COMMENT to state that Janice Cader- Thompson alleged that
Vice Mayor Miller voted at the SCTA meeting in favor of toll roads for Highway 101. Items
1.13, 1.C, 1.D, and 1.E were deemed approved as presented.
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2.
3.
November 2, 2015 Vol. 48, Page 25
APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday,
November 16, 2015.
Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday,
November 16, 2015, as presented.
Motion by Gabe Kearney, seconded by Kathy Miller.
Vote: Motion carried 6 -0
Yes:
Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No:
None
Abstain:
None
Absent:
Teresa Barrett
CONSENT CALENDAR
A. Resolution 2015 -166 N.C.S. Approving Claims and Bills for September 2015.
(Mushallo)
B. Resolution 2015 -167 N.C.S. Adopting Comparable Agencies for the Petaluma
Professional and Mid - Managers Association Representing Employees of Unit 4
(Professional), Unit 9 (Mid- Managers), and Unit 11 (Confidential) Pursuant to the
Terms of the Memoranda of Understanding of July 1, 2014 through June 30, 2016
Between the City of Petaluma and the Petaluma Professional and Mid - Managers
Association. (Dinsmore)
Mayor Glass opened Public Comment on the CONSENT CALENDAR.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on
the CONSENT CALENDAR.
Motion: Approve CONSENT CALENDAR Items 3.A and 3.8.
Motion by Kathy Miller, seconded by Gabe Kearney.
Council Member Albertson
City Manager Brown
Council Member Albertson
Vote: Motion carried 6 -0
Yes:
Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No:
None
Abstain:
None
Absent:
Teresa Barrett
Vol. 48, Page 26
November 2, 2015
1 4. NEW BUSINESS
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3 A. Introduction and Adoption of Urgency Ordinances: Ordinance 2556 N.C.S. -
4 Ordinance 2560 N.C.S. Amending Ordinances 2536, 2537, 2538, 2539 and 2540
5 N.C.S. to Change Certain Appropriations for the Operations of the City of
6 Petaluma from July 1, 2015 to June 30, 2016 and Declaring the Urgency Thereof,
7 to Take Effect Immediately. Resolution 2015 -168 N.C.S. Committing Reserve Funds
8 for Specific Uses. (Mushallo)
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10 Finance Director Bill Mushallo
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12 Mayor Glass opened Public Comment on Item 4.A.
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14 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
15 4.A.
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17 Motion: Approve A. Introduction and Adoption of Ordinance 2556 N.C.S. (General
18 Fund); Ordinance 2557 N.C.S. (Enterprise Funds); Ordinance 2558 N.C.S. (Internal
19 Service Funds); Ordinance 2559 N.C.S. (Special Revenue Funds); and Ordinance
20 2560 N.C.S. (Capital Project Funds) Amending Ordinances 2536, 2537, 2538, 2539
21 and 2540 N.C.S. to Change Certain Appropriations for the Operations of the City
22 of Petaluma from July 1, 2015 to June 30, 2016 and Declaring the Urgency
23 Thereof, to Take Effect Immediately; and Resolution 2015 -168 N.C.S. Committing
24 Reserve Funds for Specific Uses.
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26 Motion by Gabe Kearney, seconded by Mike Healy.
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28 Vote: Motion carried 6 -0
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30 Yes: Chris Albertson; David Glass; Mike Healy;
31 Gabe Kearney; Dave King; Kathy Miller
32 No: None
33 Abstain: None
34 Absent: Teresa Barrett
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36 B. Resolution 2015 -169 N.C.S. Amending the Classification and Compensation Plan
37 by Establishing the Classification and Pay Range of Utility Services Crew
38 Foreworker and Authorizing the Position Allocation of One Utility Services Crew
39 Foreworker. (St. John /Dinsmore)
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Director of Public Works and Utilities Dan St. John
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Mayor Glass opened Public Comment on Item 4.B.
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Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
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4.B.
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Motion: Approve B. Resolution 2015 -169 N.C.S. Amending the Classification and
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Compensation Plan by Establishing the Classification and Pay Range of Utility
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Services Crew Foreworker and Authorizing the Position Allocation of One Utility
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Services Crew Foreworker.
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November 2, 2015
Vol. 48, Page 27
Motion by Gabe Kearney, seconded by Chris Albertson.
Council Member Albertson
Director St. John
Council Member Albertson
Council Member Kearney
Vote: Motion carried 6 -0
Yes: Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No: None
Abstain: None
Absent: Teresa Barrett
Discussion of the Sustainable Groundwater Management Act and Groundwater
Sustainability Agency Formation. (St. John /Walker)
Director of Public Works and Utilities Dan St. John
Council Member Healy
Director St. John
Council Member Kearney
Director St. John
Council Member Kearney
Director St. John
Council Member Albertson
Director St. John
Mayor Glass
Council Member Healy
Director St. John
Vice Mayor Miller
Director St. John
Council Member Kearney
Director St. John
Vol. 48, Page 28 November 2, 2015
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Council Member King
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Director St. John
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City Attorney Danly
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Director St. John
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Vice Mayor Miller
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Director St. John
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City Attorney Danly
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Mayor Glass
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Council Member Albertson
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Director St. John
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Council Member Albertson
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Director St. John
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Council Member Healy
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City Attorney Danly
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Council Member Healy
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City Attorney Danly
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Mayor Glass
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City Attorney Danly
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Mayor Glass
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Mayor Glass opened Public Comment on Item 4.C.
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Bennett, Petaluma, expressed concerns about pumping water from Petaluma to
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other counties.
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Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
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on Item 4.C.
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November 2, 2015 . Vol. 48, Page 29
Council Member Kearney
Director St. John
Council Member Kearney
Director St. John
Vice Mayor Miller
Mayor Glass
City Attorney Danly
5. PUBLIC HEARINGS, continued
A. Resolution 2015 -170 N.C.S. Modifying the Approved Unit Development Plan for the
Leghorn Marketplace to Enable Construction of a 9,120 Square Foot Single -Story
Building at an Existing Parking Lot Abutting Riesling Road, and Approving a Minor
Planned Unit Development Text Amendment to Clarify that Medical Service -Minor
is a Permitted Use. (Hines /Colin)
Contract Senior Planner Kevin Colin
Mayor Glass
Mr. Colin
Council Member Kearney
Mr. Colin
Council Member Kearney
Mr. Colin
Mayor Glass
Mr. Colin
Mayor Glass
Stephen Anderson, Gammage & Burnham, Santa Monica
Mayor Glass
Mr. Anderson
Mayor Glass
Mr. Anderson
Vol. 48, Page 30
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C
November 2, 2015
Mayor Glass
Council Member Albertson
Mr. Anderson
Council Member Albertson
Council Member Healy
Vice Mayor Miller
Mayor Glass opened Public Comment on Item S.A.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.A.
Motion: Approve A. Resolution 2015 -170 N.C.S. Modifying the Approved Unit
Development Plan for the Leghorn Marketplace to Enable Construction of a 9,120
Square Foot Single -Story Building at an Existing Parking Lot Abutting Riesling Road,
and Approving a Minor Planned Unit Development Text Amendment to Clarify
that Medical Service -Minor is a Permitted Use.
Motion by Kathy Miller, seconded by Mike Healy.
Vote: Motion carried 6 -0
Yes:
Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No:
None
Abstain:
None
Absent:
Teresa Barrett
Resolution 2015 -171 N.C.S. Amending the Inclusionary Housing Program in the
City of Petaluma's General Plan 2025, 2015 -2023 Housing Element as Adopted by
Resolution No. 2014 -190 N.C.S. (Duiven)
Senior Planner Scott Duiven
City Attorney Danly
Mayor Glass
Council Member King
City Attorney Danly
Mayor Glass opened Public Comment on Item S.C.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.C.
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November 2, 2015
Council Member Healy
City Manager Brown
Council Member Healy
Council Member Albertson
Mr. Duiven
Council Member Albertson
Mr. Duiven
Heather Hines
Mayor Glass
Ms. Hines
Mayor Glass
Vol. 48, Page 31
Motion: Approve C. Resolution 2015 -171 N.C.S. Amending the Inclusionary
Housing Program in the City of Petaluma's General Plan 2025, 2015 -2023 Housing
Element as Adopted by Resolution No. 2014 -190 N.C.S.
Motion by Gabe Kearney, seconded by Mike Healy.
Vote: Motion carried 6 -0
Yes:
Chris Albertson; David Glass; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No:
None
Abstain:
None
Absent:
Teresa Barrett
ITEM ADDED TO TONIGHT'S AGENDA
Discussion and Possible Direction on Revisions to the Traffic Mitigation Fee Program to Consider
Inclusion of Land Acquisition Costs for the Rainier Cross -Town Connector and Interchange
Project and for SMART Station Improvements for the Future Corona Road SMART Station. (Brown)
Council Member Healy
Mayor Glass
Director of Public Works and Utilities Dan St. John
City Attorney Danly
Mayor Glass
Vol. 48, Page 32
November 2, 2015
1 Council Member Healy
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3 Director-St. John
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5 Council Member Healy
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7 Director St. John
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9 Mayor Glass
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11 Director St. John
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13 Mayor Glass
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15 Director St. John
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17 Council Member Albertson
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19 Council Member Healy
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21 City Attorney Danly
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23 Council Member Albertson
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25 Mayor Glass
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27 Council Member Healy
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29 City Attorney Danly
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31 Mayor Glass
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33 Council Member Healy
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35 Mayor Glass opened Public Comment on the item.
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37 Dave Alden, Petaluma, representing a group of citizens who are focused on the SMART project
38 and submitted a letter summarizing the suggestions this group has.
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40 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the item.
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42 Mayor Glass
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44 Council Member Healy
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46 Mayor Glass
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48 Council Member Healy
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50 Council Member King
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52 Council Member Healy
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November 2, 2015
Director St. John
Council Member King
Council Member Kearney
Vice Mayor Miller
Council Member Albertson
Mayor Glass
Council Member Healy
Mayor Glass
Council Member Healy
Director St. John
Mayor Glass
COUNCIL COMMENT
Council Member Healy
Vice Mayor Miller
Council Member Kearney
Council Member King
Mayor Glass
CLOSED SESSION
Vol. 48, Page 33
• 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
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 Attorney.
ADJOURN TO CLOSED SESSION
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
Vol. 48, Page 34
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ADJOURN
November 2, 2015
The meeting was adjourned at 10:32 p.m.
ATTEST:
Claire Cooper, City Clerk
u- b*
r
pciv d Glass, Mayor