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HomeMy WebLinkAboutJanuary 25, 2021CITY OF PETALUMA, CALIFORNIA REGULAR MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY (PCDSA) City Hall Council Chambers 11 English Street Petaluma, CA 94952 MINUTES Monday, January 25, 2021 CORONAVIRUS (COVID-19) ADVISORY NOTICE: Consistent with Executive Order No. N-29-20 from the Executive Department of the State of California and the Sonoma County Health Official Orders No. C19-03, C19-05, and C19-09 the City of Petaluma City Council meeting will not be physically open to the public and all City Council Members will be teleconferencing into the meeting via Zoom. How to Observe and/or Speak Live at a Meeting: To maximize public safety while still maintaining transparency and public access, members of the public can observe and/or participate in the meeting by visiting https://zoom.us/j/98846762193. Or iPhone one-tap: US: + +16699009128, 98846762193# or +13462487799, 98846762193# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 9128 or +1 346 248 7799 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 Webinar ID: 988 4676 2193 How to Watch on TV: Petaluma Community Access broadcasts on Comcast and Petaluma’s local channel 28. With AT&T U-Verse, PCA’s channels are accessible through channel 099. Local channels are not currently available on Satellite/DISH Networks. How to Submit Public Comment: Members of the public may provide written public comment by emailing the City Clerk at cityclerk@cityofpetaluma.org. Comments that are received before 4:00 PM on January 25, 2021 will be distributed to City Council and placed on the agenda on the City’s website as part of the public record for the meeting, otherwise the comments will be distributed and posted online following the meeting. Tips for Attending a Virtual Meeting: https://cityofpetaluma.org/tips-for-attending-a- virtual-meeting/ CLOSED SESSION – 6:00 P.M. CALL TO ORDER Mayor Barrett called the meeting to order at 6:00 p.m. * ROLL CALL PRESENT:Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. ABSENT: None. CLOSED SESSION * CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Bracco v. City of Petaluma, Workers Compensation Appeals Board, Case Numbers: ADJ8980390 and ADJ8979268, pursuant to California Government Code section 54956.9(a). * CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 potential case. In accordance with Government Code Section 54956.9, subdivision (e), paragraphs (2) and (3) the facts and circumstances that might result in litigation against the City involve transactional occurrences that are known to a potential plaintiff or plaintiffs; namely, claims for additional compensation submitted to the City by Myers and Sons Construction, general contractor for the City’s Biomass to Biofuel (B2B) project. The written communications comprising the claims submitted by Meyers and Sons Construction are available for public inspection pursuant to Government Code Section 54957.5. PUBLIC COMMENT ON CLOSED SESSION ITEMS Prior to adjournment into Closed Session, the public may speak up to three minutes on items to be addressed in Closed Session. Mayor Barrett opened public comment, having no members of the public wishing to speak, she closed public comment. ADJOURN TO CLOSED SESSION Mayor Barrett adjourned the meeting to closed session. REGULAR SESSION - 6:30 P.M. CALL TO ORDER Mayor Barrett called the meeting to order at 6:30 p.m. * ROLL CALL PRESENT:Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. ABSENT: None. * PLEDGE OF ALLEGIANCE * MOMENT OF SILENCE AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) Mayor Barrett requested Public Hearing Items 6A and 6B will be considered before New Business and that New Business Item 5A (General Plan Advisory Committee appointments) will be moved to the end of the agenda after Item 5D. Mayor Barrett also acknowledged receipt of a revised Ordinance and Staff Report for Item 5B, correcting the date to December 31, 2023. No objections were made. REPORT OUT OF CLOSED SESSION City Attorney Eric Danly confirmed there was no action to report. GENERAL PUBLIC COMMENT During General Public Comment, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda. Public comments are limited up to three minutes per person. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares totaling no more than twenty minutes, subject to the Council’s discretion (Cal. Gov’t. Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, III). 1 - General Public comment - Ellen Obstler 2 - General Public Comment - Zen Destiny 3 - General Public Comment - Eric Leland Mayor Barrett opened public comment. Scott Springhorn John Hanania Wendy Denny Samantha Buller Lydia Schindler Taryn Obaid Mayor Barrett closed public comment. COUNCIL COMMENT * Councilmembers to provide staff preliminary recommendations (top 15 list) for General Plan Advisory Committee appointments to be discussed under New Business. Mayor Barrett asked Councilmembers to email their preliminary recommendations for the General Plan Advisory Committee appointments to Planner Christina Paul and City Clerk Kendall Rose, to be discussed later on the agenda under New Business. Councilmember Healy Councilmember McDonnell Councilmember King Vice Mayor Barnacle Councilmember Fischer Councilmember Pocekay Mayor Barrett CITY MANAGER COMMENT City Manager Peggy Flynn 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDSA Meetings of September 21, 2020; October 5, 2020; November 2, 2020; November 16, 2020; and January 4, 2021 1.A - June 1, 2020_Draft Minutes 1.A - September 21, 2020_Draft Minutes 1.A - October 5, 2020_Draft Minutes 1.A - November 2, 2020_Draft Minutes 1.A - November 16, 2020_Draft Minutes 1.A - January 4, 2021_Draft Minutes Mayor Barrett acknowledged a correction to the minutes of June 1, 2020 submitted by Councilmember Healy and asked if there were any other corrections to the Minutes. Receiving no further corrections, Mayor Barrett deemed the Minutes of the City Council/PCDSA Regular Meeting of June 1, 2020 approved as corrected, and the Minutes of the City Council/PCDSA Regular Meetings of September 21, 2020; October 5, 2020; November 2, 2020; November 16, 2020; and January 4, 2021 approved as submitted 2. APPROVAL OF PROPOSED AGENDAS A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday, February 1, 2021 2.A - February 1 2021 Tentative Agenda Motion to Approve the Agenda for City Council/PCDSA Regular Meeting of Monday, February 1, 2021 made by Mike Healy, seconded by Dave King. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. 3. CONSENT CALENDAR A. Resolution to Receive and File the City Treasurer’s Quarterly Report Dated September 30, 2020 (Garberolio) 3.A - Quarterly Treasurers Report 9-30-20 B. Resolution Revising the Compensation Plan for Employees in Unit 8 (Department Directors and Assistant City Attorneys) (Flynn) 3.B - Unit 8 C. Adoption (Second Reading) of an Ordinance Approving a Land Purchase Agreement Between Yanni Limited LLC and the City of Petaluma Regarding Real Property Commonly Known as Industrial Drive and Auto Center Drive (APN 150-020-36) and Authorizing the City Manager to Execute all Documents Necessary to Complete the Sale (Alverde) 3.C - Sale of Industrial Drive 2nd Reading D. Adoption (Second Reading) of an Ordinance Approving the Fifth Amendment to the Lease Agreement with Rooster Run Golf Club, LLC. (Cochran/Green/Garberolio/Halter) 3.D - Rooster Run 2nd Reading Councilmembers asked questions of staff on Item 3A of the Consent Calendar. Mayor Barrett opened public comment, having no members of the public wishing to speak, she closed public comment. Motion to Approve the Consent Calendar (Resolution 2021-008 receiving and filing the City Treasurer's Quarterly Report dated September 30, 2020; Resolution 2021- 009 revising the compensation plan for employees in Unit 8; Ordinance 2762 approving a land use purchase agreement between Yanni Limited LLC and the City of Petaluma regarding real property commonly known as Industrial Drive and Auto Center Drive; and Ordinance 2763 approving a fifth amendment to the lease agreement with Rooster Run Golf Club, LLC) made by D'Lynda Fischer, seconded by Kevin McDonnell. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. 4. UNFINISHED BUSINESS A. Adoption (Second Reading) of an Ordinance Authorizing an Amendment to the Contract Between the City Council of Petaluma and the Board of Administration of the California Employees’ Retirement System (Kaur/Castillo) 4.A - PERS Contract Amendment 2nd Reading Director of Human Resources Charlie Castillo presented the staff report. Mayor Barrett opened public comment, having no members of the public wishing to speak, she closed public comment. Motion to Approve the adoption (second reading) of Ordinance 2754 authorizing an amendment to the contract between the City Council of Petaluma and the Board of Administration of the California Employees’ Retirement System made by D'Lynda Fischer, seconded by Kevin McDonnell. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. 6. PUBLIC HEARINGS A. Public Hearing to Levy an Annual Assessment for Fiscal Year 2021 for the Downtown Petaluma Business Improvement District and Approve Resolution Establishing the Levy for the 2021 Annual Assessment for the Downtown Petaluma Business Improvement District (Garberolio) 6.A - 2021 BID Public Hearing Councilmembers Healy and King recused from the item and left the meeting due to conflicts of interest. Director of Finance Corey Garberolio presented the staff report. Mayor Barrett opened public comment, having no members of the public wishing to speak, she closed public comment. Motion to Approve Resolution 2021-010 establishing the levy for the 2021 Annual Assessment for the Downtown Petaluma Business Improvement District made by Brian Barnacle, seconded by Dennis Pocekay. Vote: Motion carried 5 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Kevin McDonnell, and Dennis Pocekay. Recused: Mike Healy, and Dave King. Councilmembers Healy and King returned to the meeting. B. Public Hearing to Receive Comments on the 2019-2020 Proposed Consolidated Annual Performance Evaluation Plan (CAPER) and Adoption of a Resolution Approving the Community Development Block Grant 2019-2020 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager to Submit the CAPER as Required by the Department of Housing and Urban Development. (Carney) 6.B - CAPER Housing Consultant Jim Carney presented the staff report. Mayor Barrett opened public comment. Ben Peters Paul McGavin Mayor Barrett closed public comment. Councilmembers asked questions of staff. Motion to Approve Resolution 2021-011 approving the Community Development Block Grant 2019-2020 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager to submit the CAPER as required by the Department of Housing and Urban Development made by Dave King, seconded by D'Lynda Fischer. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. 5. NEW BUSINESS B. Introduction (First Reading) of an Ordinance Approving an Amendment to the Lease Agreement between the City and the 4th District Agricultural Association of the State of California to the Petaluma Fair Grounds Property Extending the Lease Term by One Year to December 31, 2024 (Alverde) 5.B - Fairgrounds Lease Extension 5.B - Redline Amendment to Fairgrounds Lease Extension 5.B - Public Comment - Beverly Schor 5.B - Public Comment - Zen Destiny Director of Economic Development and Open Government Ingrid Alverde presented the staff report. Councilmembers asked questions of staff. Sonoma-Marin Fairgrounds and Event Center CEO Dr. Allison Keaney answered questions from Council. Mayor Barrett opened public comment. Erin Chmielewski Josh Simmons Blake Hooper Mayor Barrett closed public comment. Councilmembers discussed the item. Motion to deny the introduction (first reading) of an Ordinance approving an amendment to the lease agreement between the City and the 4th District Agricultural Association of the State of California to the Petaluma Fair Grounds property extending the lease term by one year to December 31, 2023 made by D'Lynda Fischer, seconded by Teresa Barrett. Councilmembers discussed the motion. Councilmember Fischer withdrew the motion; Mayor Barrett agreed and withdrew the second. Councilmembers asked questions of staff and Dr. Keaney. Council unanimously agreed to take no action on the item and provided direction to staff to continue to work with the Fair Board to discuss transitions and and the process going forward for the Fair Grounds. C. Resolution Establishing Measure U Oversight Committee (Cochran/Garberolio) 5.C - Measure U Oversight Committee 5.C - Public Comment - Ben Peters Assistant City Manager Brian Cochran presented the staff report. Councilmembers asked questions of staff. Mayor Barrett opened public comment. Ben Peters Beverly Schor Mayor Barrett closed public comment. Councilmembers discussed the item. Councilmember Healy made a motion to approve the Resolution as presented. Councilmember Fischer proposed an amendment to the motion to add the terms of appointment to the Resolution. Councilmember Healy agreed to amend his motion. Vice Mayor Barnacle proposed an amendment to the motion to add a third bullet on the Resolution under Duties to read: "consistency with the City's climate and equity goals." Councilmember Healy did not support the amendment to his motion. Motion to Approve Resolution 2021-012 establishing Measure U Oversight Committee as amended to add the terms of appointment made by Mike Healy, seconded by D'Lynda Fischer. Vote: Motion carried 6 - 1. Yes: Teresa Barrett, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. No: Brian Barnacle. D. Resolution Recommending Appointments to the Mayors’ and Councilmembers’ Association to Fill Vacancies on Regional Bodies (Rose) 5.D - M+C Regional Bodies 5.D - M+C Regional Bodies Memo City Clerk Kendall Rose presented the staff report. Mayor Barrett opened public comment. Dominic Foppoli Mayor Barrett closed public comment. Councilmembers discussed the item and unanimously agreed to recommend three individuals for the Metropolitan Transportation Commission position. Motion to recommend Brian Barnacle (Petaluma) for the Metropolitan Transportation Commission position. made by Kevin McDonnell, seconded by Dennis Pocekay. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. Motion to recommend Victoria Fleming (Santa Rosa) for the Metropolitan Transportation Commission position. made by Teresa Barrett, seconded by D'Lynda Fischer. Vote: Motion carried 5 - 2. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Dave King, and Dennis Pocekay. No: Mike Healy, and Kevin McDonnell. Motion to recommend Mike Healy (Petaluma) for the Metropolitan Transportation Commission position. made by Teresa Barrett, seconded by Dave King. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. Motion to recommend Ariel Kelley (Healdsburg) for the ABAG Executive Board member position. made by D'Lynda Fischer, seconded by -1. Vote: The motion failed - . Yes: None. Motion to recommend Dennis Pocekay (Petaluma) for the ABAG Executive Board member position. made by Brian Barnacle, seconded by Teresa Barrett. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. Motion to recommend Ariel Kelley (Healdsburg) for the ABAG Executive Board alternate position. made by D'Lynda Fischer, seconded by Brian Barnacle. Vote: Motion carried 5 - 2. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Kevin McDonnell, and Dennis Pocekay. No: Mike Healy, and Dave King. Motion to recommend Brian Barnacle (Petaluma) for the Sonoma County Agricultural Preservation and Open Space District Citizens Advisory Committee position. made by D'Lynda Fischer, seconded by Dennis Pocekay. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. Motion to recommend Neysa Hinton (Sebastopol) for the Sonoma County Agricultural Preservation and Open Space District Citizens Advisory Committee position. made by Dave King, seconded by Kevin McDonnell. Vote: Motion carried 4 - 3. Yes: Brian Barnacle, Mike Healy, Dave King, and Kevin McDonnell. No: Teresa Barrett, D'Lynda Fischer, and Dennis Pocekay. Motion to recommend Skylaer Palacios (Healdsburg) for the Sonoma County Agricultural Preservation and Open Space District Citizens Advisory Committee position. made by D'Lynda Fischer, seconded by Kevin McDonnell. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. Motion to recommend Dominic Foppoli (Windsor) for the Golden Gate Bridge, Highway & Transportation District position. made by D'Lynda Fischer, seconded by Mike Healy. Vote: Motion carried 5 - 2. Yes: Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, and Dennis Pocekay. No: Teresa Barrett, and Kevin McDonnell. Motion to Approve Resolution 2021-013 recommending appointments to the Mayors’ and Councilmembers’ Association to fill vacancies on regional bodies. made by Mike Healy, seconded by Dave King. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. A. Appointment of General Plan Advisory Committee Members for the General Plan Update. (Paul) 5.A - General Plan Committee Selection Mayor Barrett called for a five-minute recess and promptly reconvened the meeting at 9:40 p.m. Planner Christina Paul presented the staff report. Councilmembers asked questions of staff. Mayor Barrett opened public comment. Duane Sarah Sebastian Mayor Barrett closed public comment. Councilmembers asked questions of staff and discussed the item. Motion to Approve Resolution 2021-014 appointing members to the General Plan Advisory Committee for the General Plan Update. made by Mike Healy, seconded by D'Lynda Fischer. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. ADJOURN Mayor Barrett adjourned the meeting at 10:15 p.m.