HomeMy WebLinkAboutCity Council/PCDC Minutes 10/03/2011 October 3, 2011 Vol. 46, Page 191
47'5 l ir City of Petaluma, California
a MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
/8g8
1 City Council /PCDC Minutes
2 Monday, October 3, 2011
3 Regular Meeting
4
5
6 MONDAY, OCTOBER 3, 2011
7 CLOSED SESSION - 5:30 P.M.
8
9 CALL TO ORDER - CLOSED SESSION
10
11 A. Roll CaII
12
13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
14 Gabe Kearney; Tiffany Renee
15 Absent: None
16
17 CLOSED SESSION
18
19 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
20 Agency Designated Representatives: Scott Brodhun, Bit Mushallo, and Pamala Stephens. Employee
21 Organizations: Petaluma Professional & Mid - Manager Association Unit 4 - Professional, Unit 9 - Mid -
22 Managers, and Unit 11 - Confidential, Peace Officers' Association of Petaluma Unit 6- Police,
23 international Association of Firefighters Local, 1415 Unit 7 - Fire and Petaluma Public Safety Mid -
24 Management Association Unit 10 - Public Safety Mid - Managers.
25 o CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
26 pursuant subdivision (b) of Section 54956.9 (California Government Code): one potential case. Existing
27 facts and circumstances that support that a significant exposure to litigation exists are reflected in
28 requests for additional compensation submitted by Kiewit Pacific Company to the City concerning the
29 Ellis Creek Water Recycling Facility project. Compensation requests will be made available for public
30 inspection on request.
31 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
32 Code Section 54956.9: Harris v. City of Petaluma, et al., Sonoma County Superior Court No. SCV 249339.
33
34 PUBLIC COMMENT ON CLOSED SESSION ITEMS
35
36 None.
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38 ADJOURN TO CLOSED SESSION
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Vol. 46, Page 192 October 3, 2011
1 MONDAY, OCTOBER 3, 2011
2 EVENING SESSION - 7400 7:08 P.M.
3
4 CALL TO ORDER - EVENING SESSION
5
6 A. Roll Call
7
8 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
9 Gabe Kearney; Tiffany Renee
10 Absent: None
11
12 B. Pledge of Allegiance
13
14 Fernando Romo, Petaluma
15
16 C. Moment of Silence
17
18 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA)
19
20 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
21
22 City Attorney Danly: The Council has, by a vote of 6 to 1 (with Vice Mayor Healy opposed),
23 approved a settlement agreement between the City and Kiewit Infrastructure West Company to
24 resolve disputes concerning additional money sought by Kiewit regarding the construction of
25 the Ellis Creek Water Recycling Facility. This agreement has now been fully executed. The basic
26 terms of the settlement are that the City shall pay Kiewit $4 million by wire transfer within 10 days
27 of execution of the agreement, and in return for the payment, the parties release each other,
28 subject to certain exceptions that are reserved. These include:
29
30 ® Unexpired contractual warranty obligations of Kiewit.
31 O Claims and defenses for latent defects, as that term is defined in California Code of Civil
32 Procedure Section 337.15, in work performed by Kiewit on the project.
33 O Indemnification of the City by Kiewit as required under contract, except Kiewit shall have no
34 obligation to provide indemnity for the City's construction manager, design consultant, or
35 other consultants.
36 e Kiewit's agreement to defend, indemnify and hold the City harmless from claims, demands,
37 and causes of action by Kiewit's subcontractors and /or suppliers for payment for labor, work
38 and materials provided for the project.
39 ® The City's agreement to defend, indemnify and hold Kiewit harmless from claims, demands,
40 and causes of action by the City against its construction managers and /or design
41 consultants utilized for the project.
42
43 Other than that, except for the reservations, this is a full Section 1542 in the Civil Code release.
44 The document itself containing the Settlement Agreement will be available to the public upon
45 request.
46
47 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
48
49 Motion: Approve Moving CONSENT CALENDAR Item 3.B - Resolution Approving the Project
50 Budget and Authorizing Award of Contract for the Mountain View Sewer Main Replacement
51 (Petaluma Boulevard South to Purrington Road) Project from the current agenda to the October
52 17, 2011 Petaluma City Council /PCDC Meeting.
•
October 3, 2011 Vol. 46, Page 193
1 Moved by Mike Healy, seconded by Mike Harris.
2
3 Vote: Motion carried 7 -0.
4
5 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
6 Mike Healy; Gabe Kearney; Tiffany Renee
•
7 No: None
8 Abstain: None
9 Absent: None
10
11 PROCLAMATIONS
12
13 0 Domestic Violence Awareness Month - October 2011
14
15 Jackie Reid, YWCA Sonoma County
16
17 ® Celebrate El Dia de Los Muertos, Petaluma, September 30 - November 6, 2011
18
19 Gloria McCallister, Co- Chair, El Dia de Los Muertos Petaluma 2011
20
21 Abraham Solar, Co- Chair, El Dia de Los Muertos Petaluma 2011
22
23 Mayor Glass
24
25 Mr. Solar
26
27 m International Walk and Roll to School Day - October 5, 2011
28
29 Bernie Album, Sonoma County Safe Routes to School Program
30
31 0 Fire Prevention Week - October 9 -15, 2011
32
33 Mayor Glass
34
35 Fire Marshal Cary Fergus
36
37 O Fabulous Women of Petaluma Day - October 3, 2011
38
39 Mayor Glass
40
41 Krista Gawronski, Founder, Fabulous Women of Petaluma
42
43 PUBLIC COMMENT
44
45 Tim May, Sonoma County Library Commission, gave Council a follow up to his presentation on
' 46 September 12 regarding the Sonoma County Library.
47
48 Fernando Romo, Petaluma Adult School Citizenship Class, thanked the Council for their hard
49 work making Petaluma a good place to live.
50
51 Katherine Bobrowski, Petaluma, spoke regarding what she believes are unethical actions by the
52 management of the mobile home park where she lives.
Vol. 46, Page 194 October 3, 2011
1
2 Karen Nau, Petaluma, informed the Council of an anti -cyber bullying event to be held at St.
3 Vincent's High School on October 6, 2011 at 7:00 p.m. The event is sponsored by AAUW,
4 Petaluma Valley Hospital, the school district and the Petaluma Police Department.
5
6 Council Member Kearney
7
8 Ms. Nau
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10 COUNCIL COMMENT
11
12 Council Member Kearney
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14 Council Member Harris
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16 Council Member Renee
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18 Mayor Glass
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20 Council Member Renee
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22 Mayor Glass
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24 Council Member Renee
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26 Council Member Barrett
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28 Council Member Albertson
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30 Mayor Glass
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32 Council Member Albertson
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34 Mayor Glass
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36 CITY MANAGER COMMENT
37
38 Scott Brodhun, Assistant City Manager
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40 1. APPROVAL OF MINUTES
41
42 A. Approval of Minutes of Regular City Council /PCDC Meeting of. Monday,
43 September 19, 2011.
44
45 Motion: Approve A. Minutes of Regular City Council /PCDC Meeting of Monday,
46 September 19, 2011, as presented.
47
48 Moved by Mike Healy, seconded by Teresa Barrett.
49
50 Vote: Motion carried 6 -0.
51
52 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
October 3, 2011 Vol. 46, Page 195
1 Mike Healy; Gabe Kearney; Tiffany Renee
2 No: None
3 Abstain: David Glass
4 Absent: None
5
6 2. APPROVAL OF PROPOSED AGENDA
7
8 A. Approval of Revised Proposed Agenda for Regular City Council /PCDC Meeting of
9 Monday, October 17, 2011. - Revision No. 1 - Thursday, September 29, 2011.
10
11 Motion: Approve A. Revised Proposed Agenda for Regular City Council /PCDC
12 Meeting of Monday, October 17, 2011, as amended to add CONSENT
13 CALENDAR Item 3.B from tonight's agenda.
14
15 Moved by Mike Healy, seconded by Gabe Kearney.
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 3. CONSENT CALENDAR
26
27 A. Resolution 2011 -143 N.C.S. Approving Claims and Bills for August 2011. (Mushallo)
28
29 B. - •-- - -.e - - • - e e - - -
30 - •• -
31 Purrington Road) Project. (Scherzinger /Carothers) - This item was removed from
32 the agenda and will be heard at the October 17, 2011 Petaluma City
33 Council /PCDC Meeting.
34
35 C. Resolution 2011 -144 N.C.S. Accepting Federal State of Good Repair Grant and
36 Authorizing City Manager to Execute Grant Related Documents. (Rye)
37
38 Council Member Albertson
39
40 Council consensus to discuss CONSENT CALENDAR Item 3.0 and NEW BUSINESS Item 4.A
41 together.
42
43 Motion: Approve A. Resolution 2011 -143 N.C.S. Approving Claims and Bills for August
44 2011.
45
46 Moved by Mike Healy, 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
Vol. 46, Page 196 October 3, 2011
1 Abstain: None
2 Absent: None
3
4 NEW BUSINESS Item 4.B was heard next:
5
6 4. NEW BUSINESS
7
8 B. Discussion and Possible Action on Changing Order of Agenda by Moving Public
9 and Council Comment to End of City Council Meetings. (Brown)
10
11 Public Comment on Item 4.B
12
13 Jeff Mayne, Petaluma, stated that he understands the intent of moving PUBLIC
14 COMMENT to the end of meeting but thinks comments from non - profits should be
15 heard separately from, and prior to, the general comments.
16
17 Wyatt Bunker, Petaluma, thinks it would be unfair to the public to move PUBLIC
18 COMMENT to the end because the time is so variable and unpredictable.
19
20 Council Member Kearney
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22 Mayor Glass
23
24 Vice Mayor Healy
25
26 City Attorney Danly
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28 Vice Mayor Healy
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30 Council Member Barrett
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32 Council Member Albertson
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34 Mayor Glass
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36 City Attorney Danly
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38 Mayor Glass
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40 Council Member Harris
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42 Council Member Renee
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44 Vice Mayor Healy
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46 Mayor Glass
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48 Council Member Barrett
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50 Mayor Glass
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52 Council Member Barrett
October 3, 2011 Vol. 46, Page 197
1
2 Mayor Glass
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4 Council Member Harris
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6 Mayor Glass
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8 City Attorney Danly
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10 Mayor Glass
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12 Council Member Renee
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14 Mayor Glass
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16 City Attorney Danly
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18 Mayor Glass
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20 City Attorney Danly
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22 Mayor Glass
23
24 CONSENT CALENDAR Item 3.0 was heard next:
25
26 3. CONSENT CALENDAR, continued
27
28 C. Resolution 2011 -144 N.C.S. Accepting Federal State of Good Repair Grant and
29 Authorizing City Manager to Execute Grant Related Documents. (Rye)
30
31 Joe Rye, Transit Manager
32
33 Council Member Barrett
34
35 Mr. Rye
36
37 Council Member Barrett
38
39 Mr. Rye
40
41 Council Member Albertson
42
43 Mr. Rye
44
45 Council Member Albertson
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47 Mr. Rye
48
49 Motion: Approve C. Resolution 2011 -144 N.C.S. Accepting Federal State of Good
50 Repair Grant and Authorizing City Manager to Execute Grant Related Documents.
51
52 Moved by Chris Albertson, seconded by Mike Healy.
Vol. 46, Page 198 October 3, 2011
1
2 Vote: Motion carried 7 -0.
3
4 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
5 Mike Healy; Gabe Kearney; Tiffany Renee
6 No: None
7 Abstain: None
8 Absent: None
9
10 4. NEW BUSINESS, continued
11
12 A. Resolution 2011 -145 N.C.S. Authorizing Award of Contract for the Design of
13 Petaluma Transit Facility Renovation Phase One Project to TLCD Architecture.
14 (Rye)
15
16 Vice Mayor Healy
17
18 Joe Rye, Transit Manager
19
20 Vice Mayor Healy
21
22 Mr. Rye
23
24 Vice Mayor Healy
25
26 Mr. Rye
27
28 Motion: Approve A. Resolution 2011 -145 N.C.S. Authorizing Award of Contract for
29 the Design of Petaluma Transit Facility Renovation Phase One Project to TLCD
30 Architecture.
31
32 Moved by Mike Healy, seconded by Gabe Kearney.
33
34 Council Member Renee
35
36 Mayor Glass
37
38 Council Member Renee
39
40 City Attorney Danly
41
42 Council Member Renee
43
44 Mayor Glass
45
46 City Attorney Danly
47
48 Mr. Rye
49
50 Council Member Albertson
51
52 Mr. Rye
October 3, 201 1 Vol. 46, Page 199
1
2 Council Member Albertson
3
4 Assistant City Manager Brodhun
5
6 City Attorney Danly
7
8 Mayor Glass
9
10 Vote: Motion carried 7 -0.
11
12 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
13 Mike Healy; Gabe Kearney; Tiffany Renee
14 No: None
15 Abstain: None
16 Absent: None
17
18 C. Resolution 2011 -146 N.C.S. Recommending Appointments to the Mayors' &
19 Councilmembers' Association to Fill Vacancies on the Sonoma County Child
20 Care Planning Council and the North Bay Division, League of California Cities
21 Executive Board. (Brown)
22
23 Motion: Recommend Appointment of Laurie Gallian (Sonoma) and Susan Harvey
24 (Cotati) to the North Bay Division, League of California Cities Executive Board.
25
26 Moved by Teresa Barrett, seconded by Tiffany Renee.
27
28 Vice Mayor Healy
29
30 Mayor Glass
31
32 Council Member Albertson
33
34 Council Members Barrett and Renee removed their motion and second.
35
36 Mayor Glass took a roll call vote and Council voted as follows:
37
38 Council Member Albertson: Scoff Bartley (Santa Rosa) and Susan Harvey (Cotati)
39
40 Council Member Barrett: Laurie Gallian (Sonoma) and Susan Harvey (Cotati)
41
42 Mayor Glass: Laurie Gallian (Sonoma) and Susan Harvey (Cotati)
43
44 Council Member Harris: Scott Bartley (Santa Rosa) and Susan Harvey (Cotati)
45
46 Vice Mayor Healy: Scott Bartley (Santa Rosa)and Susan Harvey (Cotati)
47
48 Council Member Kearney: Laurie Gallian (Sonoma) and Susan Harvey (Cotati)
49
50 Council Member Renee: Laurie Gallian (Sonoma) and Susan Harvey (Cotati)
51
Vol. 46, Page 200 October 3, 2011
1 Council adopted Resolution 2011 -146 N.C.S. Recommending Appointment of
2 Laurie Gallian (Sonoma) and Susan Harvey (Cotati) to the North Bay Division,
3 League of California Cities Executive Board by a vote of 4/3:
4
5 Yes: Teresa Barrett; David Glass; Gabe Kearney; Tiffany Renee
6 No: Chris Albertson; Mike Harris; Mike Healy
7 Abstain: None
8 Absent: None
9
10 (No letters of interest were received for the Sonoma County Child Care Planning
11 Council.)
12
13 D. Introduction (First Reading) of Ordinance 2420 N.C.S. Authorizing the City of
14 Petaluma to Participate in the Voluntary Alternative Redevelopment Program.
15 (Alverde)
16
17 Economic Development Manager Ingrid Alverde
18
19 Motion: Approve D. Introduction (First Reading) of Ordinance 2420
20 N.C.S. Authorizing the City of Petaluma to Participate in the Voluntary Alternative
21 Redevelopment Program.
22
23 Moved by Mike Healy, seconded by Teresa Barrett.
24
25 Vote: Motion carried 7 -0.
26
27 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
28 Mike Healy; Gabe Kearney; Tiffany Renee
29 No: None
30 Abstain: None
31 Absent: None
32
33 ADJOURN
34
35 Motion: Adjourn the meeting.
36
37 Moved by Tiffany Renee, seconded by Teresa Barrett.
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 The meeting was adjourned at 8:48 p.m.
48
49 / /
50
51 �r ' ' /
52 David Glass, Mayor
October 3, 2011 Vol. 46, Page 201
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