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HomeMy WebLinkAboutMay 3, 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, May 3, 2021 COVID-19 ADVISORY NOTICE: Consistent with orders from the State of California and the Sonoma County Health Official 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: Web: https://zoom.us/j/92916449504 (use raise hand feature to speak) Telephone: 1-669-900-9128 (dial *9 to raise hand to speak) Webinar ID: 929 1644 9504 TV: Comcast channel 28, U-Verse channel 099 How to Submit Public Comment: Email: cityclerk@cityofpetaluma.org Comments that are received before 4:00 p.m. on May 3, 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 LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: Peggy Flynn, City Manager, Brian Cochran, Assistant City Manager, Cynthia Baron, Interim Human Resources Director, and Charles Sakai, Labor Negotiator, Sloan Sakai Yeung & Wong LLP. Petaluma Professional and Mid-Managers Association (PPMMA), Units 4, 9, and 11, American Federation of State, County and Municipal Employees (AFSCME), Units 1, 2, and 3, Peace Officers’ Association of Petaluma (POAP), Unit 6, International Association of Firefighters (IAFF), Unit 7, Petaluma Public Safety Mid-Management Association (PPSMMA), Unit 10. City Attorney Eric Danly announced the closed session item. 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, receiving none, she closed public comment. ADJOURN TO CLOSED SESSION REGULAR SESSION – 6:30 p.m. Mayor Barrett adjourned the meeting to Closed Session at 6:02 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) City Attorney announced a correction to the title of the Resolution for Item 3.D. REPORT OUT OF CLOSED SESSION City Attorney Eric Danly confirmed there was no reportable action from Closed Session. PROCLAMATIONS * Municipal Clerks Week presented to Kendall Rose, City Clerk and Samantha Pascoe, Deputy City Clerk * Building Safety Month presented to Interim Chief Building Official Charles Lucas * Peace Officer Memorial Day presented to Police Chief Ken Savano; Officer of the Year award presented to Senior Officer Zilverio "Zeus" Rivera; and Vilho Ahola Most Inspirational Employee of the Year award presented to Police Records Supervisor Ingrid Bromham PRESENTATIONS • Presentation of Draft FY 21-22 Budget Book by Director of Finance Corey Garberolio - Added with Revision No. 1, Thursday, April 29, 2021 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). General Public Comment - Erin Jones General Public Comment - Zen Destiny General Public Comment - Richard Brawn Mayor Barrett opened public comment. Ronan Zahyra Taryn Obaid Bryan Rengel Ben P Susan Oaks Christopher John Hanania Mayor Barrett closed public comment. COUNCIL COMMENT Councilmember McDonnell Councilmember Healy 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 the Minutes of the City Council/PCDSA Meeting of April 26, 2021 1.A - April 26, 2021 Draft Minutes Council unanimously accepted the minutes of the City Council/PCDSA Meeting of April 26, 2021, as submitted. 2. APPROVAL OF PROPOSED AGENDAS A. Approval of Agendas for the City Council/PCDSA Workshop of May 10, 2021 and the Regular City Council/PCDSA Meeting of Monday, May 17, 2021 2.A - May 10, 2021 and May 17, 2021 Draft Tentative Agendas Motion to Approve the agendas for the City Council/PCDSA Regular Meeting (Budget Workshop) of May 10, 2021 and the City Council/PCDSA Regular Meeting of Monday, May 17, 2021 made by D'Lynda Fischer, seconded by Mike Healy. 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 December 31, 2020 (Garberolio/Tedrow) 3.A - Quarterly Treasurers Report Dec 2020 3A - Public Comment - Zen Destiny B. Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act/ State Transit Assistance Funds for City of Petaluma Transit Services for FY 21/22 (Hall/Beatty) 3.B - MTC Transit Funds C. Resolution Authorizing the Submission of an Application for the Low Carbon Transit Operations Program and the Execution of the Certifications and Assurances for the Purchase of One Replacement Zero-Emission Bus Project (Hall/Beatty) 3.C - Low Carbon Transit Operations Program D. Resolution Authorizing the Filing of an Application for Federal Transit Administration Sections 5307 and 5339 Funding for Two Electric Battery Paratransit Vans to Replace Two Diesel Paratransit Vans, Security Systems, Transit Yard and Facility improvements, Real-Time Signage and Paratransit Operations, and Committing the Necessary Local Match and Stating Assurance to Complete the Projects (Hall/Beatty) 3.D - Federal Transit Admin Funds F. Resolution Amending the Classification and Compensation Plan by Revising the Classification Specification and Pay Range of Chief Building Official (Flynn/Hines/Kaur) 3.F - Chief Bulding Officer G. Resolution Amending the Classification and Compensation Plan by Revising the Classification Specification and Pay Range of Director of Human Resources (Cochran/Baron/Kaur) 3.G - HR Director Mayor Barrett opened public comment. Ben P Julie Royes Sheila Baker Taryn Obaid Matthew Callaway Zahyra Alexis Kahlow Sarah P Lendri Purcell Beverly Moira Sullivan Veronica O Susan Kirks Mayor Barrett closed public comment. Councilmembers asked questions of staff. Director of Public Works and Utilities, Jason Beatty, and City Manager Flynn responded to Council questions. Motion to Approve Consent Calendar Items 3.A., 3.B., 3.C., 3.D. (as amended), 3.F., and 3.G., (Resolutions 2021-055 N.C.S. receiving and filing the City Treasurer's Quarterly Report; 2021- 056 N.C.S. authorizing the filing of an application with MTC for allocation of Transportation Development Act/State Transit Assistance Funds; 2021-057 N.C.S. authorizing the submission of an application for the Low Carbon Transit Operations Program; 2021-058 N.C.S. authorizing the filing of an application for Federal Transit Administration funding for two replacement buses, one paratransit van, secuirty systems, transit yard and facility improvements, and paratransit operations; 2021-059 N.C.S. amending the classification specification and pay range of Chief Building Official; and 2021-060 N.C.S. amending the classification specification and pay range of Director of Human Resources) and to pull Item 3.E. from the Consent Calendar for a separate discussion and vote made by Brian Barnacle, seconded by Mike Healy. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. E. Resolution Authorizing Award of a Professional Services Agreement for Consultation Services on the City Integrated Pest Management Plan (Beatty/Chong/Halter) 3.E - Consultant Services Pest Mgmt 3E - Public Comment - Bernie Album 3E - Public Comment - Boris and Emily Reznik 3E - Public Comment - Camille Bossenberry 3E - Public Comment - David Dodd 3E - Public Comment - Freedom Rocca 3E - Public Comment - Janet Greene 3E - Public Comment - Julia Vanderham 3E - Public Comment - Kim Konte 3E - Public Comment - Miranda Alexander 3E - Public Comment - Robin Whealdon 3E - Public Comment - Suzanne Clarke 3E - Public Comment - Taryn Obaid 3E - Public Comment - Theodore Watson 3E - Public Comment - Wendy Jacobs 3E - Public Comment - Alexis Kahlow 3E - Public Comment - Catherine Dodd 3E - Public Comment - Chip Atkin Item 3E was pulled from the Consent Calendar at the request of Vice Mayor Barnacle. Motion to Approve Item 3.E. (Resolution 2021-061 N.C.S. authorizing the award of a professional services agreement for consultation services on the City Integrated Pest Management Plan) made by Dave King, seconded by Brian Barnacle. Vote: Motion carried 7 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. 4. NEW BUSINESS A. Introduction (First Reading) of an Ordinance Amending Title 17 of the Petaluma Municipal Code to Adopt the 2018 International Fire Code and the Intervening California Code Cycle Changes for the 2019 Edition of the California Building Standards Code, California Code of Regulations Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 11, and Amendments thereto based on Local Climatic, Geological and Topographic Conditions and Repealing Chapter 17.24 of the Petaluma Municipal Code (Swimming Pools). (Power/Lucas) - Updated title and made available with Revision No. 1, Thursday, April 29, 2021 4.A - Building Code Ordinance Fire Marshal Jessica Power and Interim Chief Building Official Charles Lucas presented the staff report. Councilmembers asked questions of staff. Mayor Barrett opened public comment. Josh Simmons Mayor Barrett closed public comment. Motion to Approve the introduction (first reading) of Ordinance 2774 amending Title 17 of the Petaluma Municipal Code to adopt the 2018 International Fire Code and the Intervening California Code Cycle Changes for the 2019 edition of the California Building Standards Code, California Code of Regulations Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 11, and amendments thereto based on local climatic, geological and topographic conditions and repealing Chapter 17.24 of the Petaluma Municipal Code (Swimming Pools) 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. B. Introduction (First Reading) of an Ordinance Amending the Petaluma Municipal Code to Create a New Chapter 17.09 Entitled All-Electric Construction in Newly Constructed Buildings, Adopting New Local Amendments to the California Building Standards Code, and Deleting Existing All-Electric Incentive in Petaluma Municipal Code Section 17.04.010(J). (Colin/Hines) 4.B - All Electric Ordinance 4B - Public Comment - Andy Becker 4B - Public Comment - Erin Jones 4B - Public Comment - Zen Destiny 4B - Public Comment - AIA 4B - Public Comment - Carol Eber Senior Planner Kevin Colin presented the staff report. Mayor Barrett opened public comment. Ted Tiffany Tom Kabat Bruce Naegel Christopher Ann Edminster Panama Bartholomy Mayor Barrett closed public comment. Councilmembers asked questions of staff. Motion to Approve the introduction (first reading) of Ordinance 2775 amending the Petaluma Municipal Code to create a new Chapter 17.09 entitled All-Electric Construction in Newly Constructed Buildings, adopting new local amendments to the California Building Standards Code, and deleting existing All-Electric Incentive in Petaluma Municipal Code Section 17.04.010(J) made by D'Lynda Fischer, 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. C. Introduction (First Reading) of an Ordinance Protecting Hospitality Worker Job Security by Establishing a Right of Retention Applicable to Hotels with 50 or More Guest Rooms (Danly) 4.C - Right to Retention 4C - Public Comment - Chip Atkin 4C - Public Comment - Sierra Lewitter 4C - Public Comment - Sheila Morrissey Councilmember King recused from the item due to a conflict of interest and left the meeting. City Attorney Eric Danly presented the staff report for the City Council consideration of an ordinance protecting hospitality worker job security by establishing a right of retention applicable to hotels with 50 or more guest rooms. “Due to the COVID-19 pandemic, many industries have been damaged financially, including in particular the hospitality industry. In 2020, the hotel industry experienced historically low occupancies, massive job loss, and hotel closures across the country. As a result, in 2020, more than 670,000 direct hotel industry operations jobs and nearly 4 million jobs in the broader hospitality industry were lost. The COVID-19 pandemic has impacted the hospitality industry especially hard, eliminating around 4 out of 10 hospitality jobs nationally according to the U.S. Bureau of Labor Statistics, with some experts estimating that the industry may not fully recover until as late as 2023. While cases of COVID-19 are on the decline, many challenges remain for the hotel industry. Travel is not expected to return to pre- pandemic levels until 2024. Many hospitality workers have been laid off from their hotel jobs due to the COVID-19 pandemic. To address these concerns, the North Bay Labor Council has proposed that Sonoma County jurisdictions adopt ordinances that provide a right of recall for laid- off hotel employees to be rehired by their former employers as positions become available, and a right of retention that would apply to hotels that change ownership to preserve employees’ positions and terms of employment for a 90-day period. In terms of the Council's authority for this action, case law provides that local governments do have the ability to regulate terms of conditions of employment that could be otherwise addressed in employment agreements between the private parties. The proposed retention ordinance attached to this staff report would provide a retention right for non-managerial, non-supervisory, non-confidential employees who are employed on a full-time basis or on a part-time basis if the employee’s work schedule regularly consists of 8 or more hours of work per week at Petaluma hotels with 50 or more guest rooms. Under the proposed ordinance the covered employers must generally retain and not substantially change the working conditions or schedules or locations of employees during the 90-day period that follows that change of the hotel control. The table in the staff report lists seven Petaluma hotels to which the proposed ordinance would apply: The Best Western, Motel 6, America’s Best Value Inn & Suites, Quality Inn, the Sheraton, Hotel Petaluma, and the Hampton Inn. The proposed ordinance would also apply to the Courtyard Marriott Hotel which is expected to receive its final permits soon.” In response to a question from Councilmember Healy, City Attorney Danly further clarified, “at the end of the 90-day retention period, if the employee’s performance is satisfactory based on a written performance evaluation given to each employee at the conclusion of that period, then the successor hotel employer shall offer the hotel employee continued employment, under the terms and conditions established by the successor hotel employer. The terms and conditions could be anything from continuance under the collective bargaining agreement that applies in that workplace, continue as an at-will employee, continue for a term, continue on a specified schedule, etc. Both parties would need to agree to the terms, employees cannot be forced to continue in terms to which they object. The effect of the ordinance would really stop after the performance evaluation and offer of employment is provided.” Councilmembers asked questions of staff. Mayor Barrett opened public comment. Chip Atkin Ty Hudson Marty Bennett Zahyra Maddy Hirshfield Connor DeVane Dianne Kenney Max Bell Alper Noa Paulina Lopez Jack Buckhorn Mayor Barrett closed public comment. Councilmembers asked questions of staff. Motion to Approve the introduction (first reading) of Ordinance 2776 protecting hospitality worker job security by establishing a Right of Retention applicable to hotels with 50 or more guest rooms made by Mike Healy, seconded by Dennis Pocekay. Vote: Motion carried 6 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Kevin McDonnell, and Dennis Pocekay. Recused: Dave King. Mayor Barrett called for a five minute recess and thereafter reconvened the meeting at 10:23 p.m. Councilmember King returned to the meeting. D. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Petaluma People Services Center for a CAHOOTS Model Crisis Response and Intervention Services Program (Miller/Savano/Cochran) 4.D - CAHOOTS Model Program 4D - Public Comment - Ellen Obstler 4D - Public Comment - Eric Leland 4D - Public Comment - Zen Destiny 4D - Public Comment - Chip Atkin 4D - Public Comment - Sheila Morrissey Deputy Police Chief Brian Miller presented the staff report. Mayor Barrett opened public comment, receiving none, she closed public comment. Motion to Approve Resolution 2021-062 N.C.S. authorizing the City Manager to execute a professional services agreement with Petaluma People Services Center for a CAHOOTS Model Crisis Response and Intervention Services Program made by Dennis Pocekay, 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. E. Resolution Authorizing the City Manager to Implement the City’s Water Shortage Contingency Plan, Stage 1, within the Area Served by the City of Petaluma Public Water System (Beatty/Carothers/C.Thompson) 4.E - Water Shortage Stage 1 4E - Public Comment - Valerie Williams Deputy Director of Public Works and Utilities Kent Carothers presented the staff report. Councilmembers asked questions of staff. Mayor Barrett opened public comment, receiving none, she closed public comment. Motion to Approve Resolution 2021-063 N.C.S. authorizing the City Manager to implement the City’s Water Shortage Contingency Plan, Stage 1, within the area served by the City of Petaluma Public Water System made by Mike Healy, 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. 5. PUBLIC HEARINGS A. Resolution Ordering Abatement of Nuisances Consisting of Weeds Growing Upon Public and Private Property in the City of Petaluma and Ordering the Fire Department to Abate Said Weeds by Contract if Property Owners Fail to Do So (L. Thompson/Power) 5.A - Abatement of Weeds 5A - Public Comment - Beverly Alexander 5A - Public Comment - DK Jacobsen 5A - Public Comment - Sarah Burkhart Council unanimously agreed to continue the meeting past 11:00 p.m. Fire Marshal Jessica Power presented the staff report. Councilmembers asked questions of staff. Mayor Barrett opened public comment, receiving none, she closed public comment. Councilmember Pocekay recused from properties within 500 feet of his residence and left the meeting. Motion to Approve Resolution 2021-064 N.C.S. (parcels located at 23, 27, 39, 55, and 59 Windsor Ln, Windsor Dr and Windsor Ln, Windsor Dr (Hayes Ln/Water Tanks), and 109 Windsor Dr) ordering abatement of nuisances consisting of weeds growing upon public and private property in the City of Petaluma and ordering the Fire Department to abate said weeds by contract if property owners fail to do so made by Kevin McDonnell, seconded by Dave King. Vote: Motion carried 6 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, and Kevin McDonnell. Recused: Dennis Pocekay. Councilmember Pocekay returned to the meeting. Councilmember Healy recused from properties within 500 feet of his residence and left the meeting. Motion to Approve Resolution 2021-065 N.C.S. (256 Petaluma Blvd. North) ordering abatement of nuisances consisting of weeds growing upon public and private property in the City of Petaluma and ordering the Fire Department to abate said weeds by contract if property owners fail to do so made by Dave King, seconded by Kevin McDonnell. Vote: Motion carried 6 - 0. Yes: Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Dave King, Kevin McDonnell, and Dennis Pocekay. Recused: Mike Healy. Mayor Barrett recused from properties within 500 feet of her residence and left the meeting. Motion to Approve Resolution 2021-066 N.C.S. (348 Petaluma Blvd. North) ordering abatement of nuisances consisting of weeds growing upon public and private property in the City of Petaluma and ordering the Fire Department to abate said weeds by contract if property owners fail to do so made by D'Lynda Fischer, seconded by Dennis Pocekay. Vote: Motion carried 5 - 0. Yes: Brian Barnacle, D'Lynda Fischer, Dave King, Kevin McDonnell, and Dennis Pocekay. Recused: Teresa Barrett, and Mike Healy. Councilmember Healy returned to the meeting. Motion to Approve Resolution 2021-067 N.C.S. (368 Petaluma Blvd. North) ordering abatement of nuisances consisting of weeds growing upon public and private property in the City of Petaluma and ordering the Fire Department to abate said weeds by contract if property owners fail to do so made by Kevin McDonnell, seconded by Dennis Pocekay. Vote: Motion carried 6 - 0. Yes: Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay. Recused: Teresa Barrett. Mayor Barrett returned to the meeting. Motion to Approve Resolution 2021-068 N.C.S. ordering abatement of nuisances consisting of weeds growing upon public and private property in the City of Petaluma and ordering the Fire Department to abate said weeds by contract if property owners fail to do so made by Kevin McDonnell, 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 11:05 p.m.