HomeMy WebLinkAboutCity Council/PCDC Minutes 03/07/2011 March 7, 2011 Vol. 45, Page 487
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0 City of Petaluma, California
� MEETING OF THE CITY COUNCIL/
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1 City Council /PCDC Minutes
2 Monday, March 7, 2011
3 Regular Meeting
4
5
6 MONDAY, MARCH 7, 2011
7 CLOSED SESSION - 6:00 P.M.
8
9 CALL TO ORDER - CLOSED SESSION - 6:00 P.M.
10
11 A. Roll Call
12
13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
14 Mike Healy; Tiffany Renee
15 Absent: None
16
17 APPOINTMENT OF SEVENTH COUNCIL MEMBER
18
19 Resolution 2011 -030 N.C.S. Appointing Gabe Kearney to Fill Vacancy and Serve Unexpired Term
20 Created by Election of David Glass as Mayor. (Cooper)
21
22 Gabe Kearney, Petaluma, Council Member Appointee
23
24 Motion: Approve Resolution 2011 -030 N.C.S. Appointing Gabe Kearney to Fill Vacancy and
25 Serve Unexpired Term Created by Election of David Glass as Mayor.
26
27 Moved by Mike Healy, seconded by Teresa Barrett.
28
29 Vote: Motion carried 6 -0.
30
31 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
32 Mike Healy; Tiffany Renee
33 No: None
34 Absent: None
35 Abstain: None
36
37 SWEARING CEREMONY FOR NEW COUNCIL MEMBER
38
39 City Clerk Cooper swore in newly- appointed Council Member Gabe Kearney.
40
41 B. Roll Cali
42
43 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
44 Mike Healy; Gabe Kearney; Tiffany Renee
Vol. 45, Page 488 March 7, 2011
1 Absent: None
2
3 CLOSED SESSION
4
5 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
6 pursuant subdivision (b) of §54956.9 (California Government Code): one potential case, Existing facts
7 and circumstances that support that a significant exposure to litigation exists are reflected in requests
8 for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis
9 Creek Water Recycling Facility project. Compensation requests will be made available for public
10 inspection on request.
11 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
12 Code §54956.9: Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No. SCV
13 243426.
14 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
15 subdivision (c) of §54956.9: One potential case.
16
17 PUBLIC COMMENT ON CLOSED SESSION ITEMS
18
19 None.
20
21 ADJOURN TO CLOSED SESSION
22
23 MONDAY, MARCH 7, 2011
24 EVENING SESSION - 7:00 P.M.
25
26
27 CALL TO ORDER - EVENING SESSION - 7:00 P.M.
28
29 A. Roll Call
30
31 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
32 Mike Healy; Gabe Kearney; Tiffany Renee
33 Absent: None
34
35 B. Pledge of Allegiance
36
37 Bill Phillips, Petaluma
38
39 C. Moment of Silence
40
41 AGENDA CHANGES AND DELETIONS (Current agenda only)
42
43 None.
44
45 PRESENTATION
46
47 • FY 09 -10 CAFR Presentation
48
49 Kenneth H. Pun, CPA, Caporicci & Larson, Inc.
50
51 Mayor Glass
52
53 Mr. Pun
March 7, 2011 Vol. 45, Page 489
1
2 Mayor Glass
3
4 Mr. Pun
5
6 Mayor Glass
7
8 Vice Mayor Healy
9
10 Mr. Pun
11
12 Mayor Glass
13
14 Mr. Pun
15
16 Mayor Glass
17
18 Council Member Barrett
19
20 Mr. Pun
21
22 Council Member Harris
23
24 Mr. Pun
25
26 Mayor Glass
27
28 Council Member Harris
29
30 Mr. Pun
31
32 Council Member Harris
33
34 Mr. Pun
35
36 Council Member Albertson
37
38 Mr. Pun
39
40 Council Member Albertson
41
42 Mr. Pun
43
44 Mayor Glass
45
46 Council Member Kearney
47
48 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
49
50 City Attorney Danly reported that in accordance with California Government Code §54957.1
51 that the Council has given authorization tonight in CLOSED SESSION to initiate legal action and
52 that the action the defendants and other particulars shall, once formally commenced, be
Vol. 45, Page 490 March 7, 2011
1 disclosed to any person upon inquiry unless doing so would jeopardize the agency's ability to
2 effectuate service of process on one or more unserved parties or if doing so would jeopardize its
3 ability to including existing settlement negotiations to its advantage.
4
5 PUBLIC COMMENT
6
7 Zen Destiny, Petaluma, called for the euthanization of death row inmates using morphine. He
8 also called for a national pension bank that includes social security.
9
10 Richard Brawn, Petaluma, questioned whether the CAFR addressed all the legal obligations.
11 These obligations include roads and any other things the city must do with money from the
12 general fund.
13 Katherine Bobrowski, Petaluma, congratulated Gabe Kearney on his appointment to Council.
14 She further listed various issues she has at her mobile home park.
15
16 Gerald Moore, Petaluma, spoke about a problem at Shollenberger Park and provided the
17 Council with a written history of the Shollenberger Decant Channel (Marsh) Repair and
18 photographs.
19
20 John Hanania, Petaluma, spoke about the Petaluma Police Department going outside the city
21 limits into areas under the jurisdiction of the highway patrol and issuing tickets for minor
22 infractions.
23
24 Mayor Glass
25
26 COUNCIL COMMENT
27
28 Council Member Renee
29
30 Vice Mayor Healy
31
32 Mayor Glass
33
34 City Manager Brown
35
36 Mayor Glass
37
38 Council Member Barrett
39
40 Mayor Glass
41
42 CITY MANAGER COMMENT
43
44 City Manager Brown
45
46 1. APPROVAL OF PROPOSED AGENDA
47
48 A. Approval of Revised Proposed Agenda for Regular City Council /PCDC Meeting of
49 Monday, March 21, 2011. - Revision No. 1 - Thursday, March 3, 2011.
50
51 Motion: Approve A. Revised Proposed Agenda for Regular City Council /PCDC
52 Meeting of Monday, March 21, 2011.
March 7, 2011 Vol. 45, Page 491
1
2 Moved by Tiffany Renee, seconded by Gabe Kearney.
3
4 Vote: Motion carried 7 -0.
5
6 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
7 Mike Healy; Gabe Kearney; Tiffany Renee
8 No: None
9 Abstain: None
10 Absent: None
11
12 2. CONSENT CALENDAR
13
14 A. Resolution 2011 -031 N.C.S. to Approve Claims and Bills for January 2011.
15 (Mahoney)
16
17 B. Resolution 2011 -032 N.C.S. Approving Award of Construction Contract to
18 Tennyson Electric for Installation of Pilot Controlled Lighting and Replacement of
19 the Rotating Beacon at the Petaluma Municipal Airport. (Patterson)
20
21 C. Adoption (Second Reading) of Ordinances 2396, 2397, 2398, 2399 and 2400
22 N.C.S. Amending Ordinances 2386, 2387, 2388, 2389, 2390 N.C.S. to Change
23 Certain Appropriations for the Operations for the City of Petaluma from July 1,
24 2010 to June 30, 2011. (Mahoney)
25
26 D. Resolution 2011 -033 N.C.S. Amending the Classification and Compensation Plan
27 by Establishing the New Classification and Pay Range of Director of Public Works
28 and Utilities, Abolishing the Classifications of Director of Public Works and Director
29 of Water Resources and Conservation and Authorizing the Position Allocation of
30 Director of Public Works and Utilities. (Brown /Stephens)
31
32 E. Resolution 2011 -034 N.C.S. Authorizing the Position Allocation of Building Inspector
33 I in the Building Services Division. (Brown /Stephens)
34
35 Motion: Approve CONSENT CALENDAR Items 2.A, 2.B., 2.C, 2.D, and 2.E.
36
37 Moved by Gabe Kearney, seconded by Mike Harris.
38
39 Vote: Motion carried 7 -0.
40
41 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
42 Mike Healy; Gabe Kearney; Tiffany Renee
43 No: None
44 Abstain: None
45 Absent: None
46
47 ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION
48
49 1. Annual Meeting of the Petaluma Public Financing Corporation.
50
51 A. Approval of Minutes of March 1, 2010; and, Status Report and Audited Financials
52 for Fiscal Year 2009 -10. (Mahoney)
Vol, 45, Page 492 March 7, 2011
1
2 Interim Finance Director Susan Mahoney
3
4 Mayor Glass
5
6 Motion: Approve A. Minutes of March 1, 2010 and Audited Financials for Fiscal
7 Year 2009 -10.
8
9 Moved by Teresa Barrett, seconded by Mike Healy.
10
11 Vote: Motion carried 4 -0.
12
13 Yes: Teresa Barrett; David Glass; Mike Healy; Tiffany Renee
14 No: None
15 Abstain: Chris Albertson; Mike Harris; Gabe Kearney
16 Absent: None
17
18 RECONVENE REGULAR CITY COUNCIL /PCDC MEETING
19
20 3. UNFINISHED BUSINESS
21
22 A. Resolution 2011 -035 N.C.S. Confirming Council Liaison Appointments. (Cooper) -
23 Continued from the January 24, 2011 City Council Meeting.
24
25 Motion: Approve Appointment of Gabe Kearney as Council Liaison to the Animal
26 Services Advisory Committee for 2011.
27
28 Moved by David Glass, seconded by Teresa Barrett.
29
30 Vote: Motion carried 7 -0.
31
32 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
33 Mike Healy; Gabe Kearney; Tiffany Renee
34 No: None
35 Abstain: None
36 Absent: None
37
38 Motion: Approve Appointment of Gabe Kearney as Council Liaison to the Transit
39 Advisory Committee and as Council Representative to the Sonoma County
40 Health Action Network for 2011.
41
42 Moved by David Glass, seconded by Teresa Barrett.
43
44 Vote: Motion carried 7 -0.
45
46 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
47 Mike Healy; Gabe Kearney; Tiffany Renee
48 No: .None
49 Abstain: None
50 Absent: None
51
March 7, 2011 Vol. 45, Page 493
1 Motion: Approve Appointment of Gabe Kearney as Council Representative
2 (Alternate) to the Sonoma County Solid Waste Advisory Group (SWAG) for 2011.
3
4 Moved by David Glass, seconded by Teresa Barrett.
5
6 Vote: Motion carried 7 -0.
7
8 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
9 Mike Healy; Gabe Kearney; Tiffany Renee
10 No: None
11 Abstain: None
12 Absent: None
13
14 Motion: Approve Appointment of Gabe Kearney as Council Representative
15 (Alternate) to the Sonoma County Water Agency Water Advisory Committee
16 (WAC) for 2011.
17
18 Moved by David Glass, seconded by Mike Healy.
19
20 Vote: Motion carried 7 -0.
21
22 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
23 Mike Healy; Gabe Kearney; Tiffany Renee
24 No: None
25 Abstain: None
26 Absent: None
27
28 Motion: Approve A. Resolution 2011 -035 N.C.S. Confirming Council Liaison
29 Appointments.
30
31 Moved by Teresa Barrett, seconded by Tiffany Renee.
32
33 Vote: Motion carried 7 -0.
34
35 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
36 Mike Healy; Gabe Kearney; Tiffany Renee
37 No: None
38 Abstain: None
39 Absent: None
40
41 4. NEW BUSINESS
42
43 A. Resolutions 2011 -036 N.C.S. and 2011 -037 N.C.S. Appointments to City Boards,
44 Commissions, and Committees. (Cooper)
45
46 Mayor Glass
47
48 City Attorney Danly
49
50 Mayor Glass
51
52 Council Member Harris
Vol. 45, Page 494 March 7, 2011
1
2 Mayor Glass
3
4 Vice Mayor Healy
5
6 City Clerk Cooper
7
8 Council Member Harris
9
10 City Clerk Cooper
11
12 Motion: Appoint Paula Moors to the Animal Services Advisory Committee to
13 complete a 2 -year term expiring June 30, 2011 and to the Senior Advisory
14 Committee to serve a 2 -year term expiring June 30, 2012; Appoint Tim May to the
15 Sonoma County Library Commission to serve a 4 -year term expiring February 28,
16 2015; and Appoint Brian On to the Youth Commission to complete a 1 -year term
17 expiring June 30, 2011, with an option to renew for one additional year.
18
19 Moved by David Glass, seconded by Tiffany Renee.
20
21 Vote: Motion carried 7 -0.
22
23 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
24 Mike Healy; Gabe Kearney; Tiffany Renee
25 No: None
26 Abstain: None
27 Absent: None
28
29 Motion: Appoint David Alden to the Transit Advisory Committee to complete a 2-
30 year term expiring June 30, 2012; and Appoint Mary Ann Hallock to the Transit
31 Advisory Committee to complete a 2 -year term expiring June 30, 2011.
32
33 Moved by Tiffany Renee, seconded by Mike Healy.
34
35 Vote: Motion carried 7 -0.
36
37 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
38 Mike Healy; Gabe Kearney; Tiffany Renee
39 No: None
40 Abstain: None
41 Absent: None
42
43 City Clerk Cooper collected the ballots for the Technology and
44 Telecommunications Advisory Committee, and read the results as follows:
45
46 Council Member Albertson: Kenneth Fok
47 Council Member Barrett: Kenneth Fok
48 Mayor Glass: Kenneth Fok
49 Council Member Harris: Ryan Williams
50 Vice Mayor Healy: Kenneth Fok
51 Council Member Kearney: Ryan Williams
52 Council Member Renee: Ryan Williams
March 7, 2011 Vol. 45, Page 495
1
2 City Attorney Danly announced that Kenneth Fok was appointed to the
3 Technology and Telecommunications Advisory Committee, to complete a 2 -year
4 term expiring June 30, 2012.
5
6 Council Member Renee
7
8 Motion: Approve A. Resolutions 2011 -036 N.C.S. and 2011 -037 N.C.S.
9 Appointments to City Boards, Commissions, and Committees. (Cooper)
10
11 Moved by Teresa Barrett, seconded by Gabe Kearney.
12
13 Vote: Motion carried 7 -0.
14
15 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
16 Mike Healy; Gabe Kearney; Tiffany Renee
17 No: None
18 Abstain: None
19 Absent: None
20
21 B. Presentation and Discussion of Financial Impact Report on the City's Future Costs
22 of Offering Two Years Additional Service Credit under PERS to Miscellaneous,
23 Police, and Fire Employees; and, Possible Direction to Grant Another Designated
24 Period for Two Years Additional Service Credit. (Stephens /Brown)
25
26 City Manager Brown
27
28 Human Resources Manager Pamala Stephens
29
30 Mayor Glass
31
32 Vice Mayor Healy
33
34 Mayor Glass
35
36 Council Member Albertson
37
38 Council Member Barrett
39
40 Mayor Glass
41
42 Council Member Barrett
43
44 City Manager Brown
45
46 Council Member Barrett
47
48 Council Member Renee
49
50 City Manager Brown
51
52 Mayor Glass
Vol. 45, Page 496 March 7, 2011
1
2 Council Member Renee
3
4 Council Member Harris
5
6 Council Member Kearney
7
8 Mayor Glass
9
10 Ms. Stephens
11
12 Council Member Albertson
13
14 Ms. Stephens
15
16 Direction to staff to bring a resolution back at the March 21, 2011 City Council
17 Meeting to grant another designated period for two years additional service
18 credit.
19
20
21 C. Consideration of Private Placement Financing of up to $12 Million to Fund
22 Transportation Improvement Projects, Including the Rainier Interchange Project,
23 and Actions to Approve the Financing, Including: Adoption of Joint City
24 Council /PCDC Resolution 2011 -038 N.C.S. Authorizing the City Manager /Petaluma
25 Community Development Commission Executive Director to Execute a Pass
26 Through Agreement Amendment on Behalf of the Community Development
27 Commission and the City; Adoption of Resolution 2011 -039 N.C.S. Approving of
28 Community Development Commission Issuance of Debt; Adoption of PCDC
29 Resolution 2011 -05 Authorizing Issuance and Sale of Debt; and Petaluma Public
30 Financing Authority Resolution 2011 -01 Authorizing Purchase and Sale of Debt of
31 the Community Development Commission, As Necessary and Appropriate for
32 the Financing. (Danly) - Added with Revision No. 1 - Thursday, March 3, 2011.
33
34 City Manager Brown
35
36 Mayor Glass
37
38 City Manager Brown
39
40 Mayor Glass
41
42 City Manager Brown
43
44 Mayor Glass
45
46 Council Member Albertson
47
48 City Manager Brown
49
50 Council Member Albertson
51
52 City Manager Brown
March 7, 2011 Vol. 45, Page 497
1
2 Mayor Glass
3
4 Council Member Albertson
5
6 City Attorney Danly
7
8 Vice Mayor Healy
9
10 Mayor Glass
11
12 City Attorney Danly
13
14 Mayor Glass
15
16 City Attorney Danly
17
18 Council Member Barrett
19
20 City Attorney Danly
21
22 Mayor Glass
23
24 City Attorney Danly
25
26 Motion: Approve Joint City /PCDC Resolution 2011 -038 N.C.S. Authorizing and
27 Approving the First Amendment to 1988 Pass Through Agreement by and Among
28 the City of Petaluma, the Petaluma Community Development Commission, the
29 Sonoma County Library, and the County of Sonoma, and Authorizing the City
30 Manager /Commission Executive Director to Execute Such Amendment on Behalf
31 of the City and the Commission.
32
33 Moved by Tiffany Renee, seconded by Mike Healy.
34
35 Vote: Motion carried 7 -0.
36
37 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
38 Mike Healy; Gabe Kearney; Tiffany Renee
39 No: None
40 Abstain: None
41 Absent: None
42
43 City Attorney Danly
44
45 Motion: Approve Resolution 2011 -039 N.C.S. Approving Issuance by the Petaluma
46 Community Development Commission of Redevelopment Project 2011 Tax
47 Allocation Bonds, and Providing Other Matters Properly Related Thereto.
48
49 Moved by Tiffany Renee, seconded by Chris Albertson.
50
51 Vote: Motion carried 7 -0.
52
Vol. 45, Page 498 March 7, 2011
1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
2 Mike Healy; Gabe Kearney; Tiffany Renee
3 No: None
4 Abstain: None
5 Absent: None
6
7 City Attorney Danly
8
9 Motion: Approve PCDC Resolution 2011 -05 Authorizing Issuance of its
10 Redevelopment Project 2011 Tax Allocation Bonds, Approving and Authorizing
11 and Directing Execution of a First Supplemental indenture of Trust Relating
12 Thereto, Authorizing Private Placement of Such Bonds, and Providing Other
13 Matters Properly Relating Thereto.
14
15 Moved by Tiffany Renee, seconded by Mike Healy.
16
17 Vote: Motion carried 7 -0.
18
19 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
20 Mike Healy; Gabe Kearney; Tiffany Renee
21 No: None
22 Abstain: None
23 Absent: None
24
25 City Attorney Danly
26
27 Motion: Approve Petaluma Public Financing Authority Resolution 2011 -01
28 Authorizing the Purchase and Sale of the Petaluma Community Development
29 Commission Redevelopment Project 2011 Tax Allocation Bonds, Upon Certain
30 Terms and Conditions, and Providing Other Matters Properly Related Thereto.
31
32 Moved by Gabe Kearney, seconded by Tiffany Renee.
33
34 Vote: Motion carried 7 -0.
35
36 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
37 Mike Healy; Gabe Kearney; Tiffany Renee
38 No: None
39 Abstain: None
40 Absent: None
41
42 ADJOURN
43
44 Motion: Adjourn the meeting.
45
46 Moved by Tiffany Renee, seconded by Gabe Kearney.
47
48 Vote: Motion carried 7 -0.
49
50 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
51 Mike Healy; Gabe Kearney; Tiffany Renee
52 No: None
March 7, 2011 Vol. 45, Page 499
1 Abstain: None
2 Absent: None
3
4 The meeting was adjourned at 9:30 p.m.
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16 David Glass, Mayor
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18 ATTEST:
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23 Claire Cooper, CMC, City Cle
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