CITY 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, June 6, 2022
COVID-19 ADVISORY NOTICE
Pursuant to the provisions of Assembly Bill 361, meetings are currently being held by virtual teleconference as well as in-person. Teleconference login information and instructions on how to participate and provide public comment for virtual meetings are available in each specific meeting agenda.
While attending this meeting, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, "social distancing" and wear face coverings to reduce the risks of exposure to COVID-19. The City cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
How to Observe and/or Participate and Provide Public Comment at a Meeting Attend In-Person: Petaluma City Council Chambers located at 11 English Street, Petaluma, CA. Please fill out a speaker card for each item you wish to speak on, and place in the speaker card box next to the Zoom moderator.
Attend Virtually via Zoom: https://us06web.zoom.us/j/86463606567 (Use raise hand feature to speak)
Call- In via Telephone: +1 (346) 248-7799 Meeting ID: 864 6360 6567 (dial *9 to raise hand to speak)
Watch on TV: Comcast channel 28, U-Verse channel 099
Submit written public comment: e-mail comments to [email protected].
Comments that are received before 5:00 p.m. on June 6, 2022, will be distributed to the Mayor and City Councilmembers and placed on the City’s website as part of the agenda packet for the meeting. Comments received after 5:00 p.m. 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 Captioning/Live Transcription
This meeting will be transcribed live via the Zoom platform. In-person attendees will be able to see the transcription at the bottom of the screens in the Council Chamber and City Hall. Zoom attendees with a Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal zoom screen. Learn more at https://support.zoom.us/.
Decorum
The Mayor has the authority to rule any speaker out of order, including speakers during the General Public Comment period, if the subject raised is not within the subject matter jurisdiction of the City Council, or during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting. The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed. All persons are expected to conduct themselves with civility and courtesy at all times. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated in order to foster an environment where everyone feels welcome to speak.
CLOSED SESSION – 6:00 p.m.
CALL TO ORDER
* ROLL CALL
PRESENT:Teresa Barrett, Brian Barnacle, D'Lynda Fischer, Mike Healy, Dave King, and Dennis Pocekay.
ABSENT: Kevin McDonnell.
CLOSED SESSION
* Conference with Legal Counsel - Existing Litigation: Miller v. City of Petaluma, Workers Compensation Appeals Board, Case Number: 587241, pursuant to California Government Code section 54956.9(a)
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
Mayor Barrett adjourned the meeting to Closed Session at 6:02 p.m.
REGULAR SESSION - 6:30 p.m.
CALL TO ORDER
* 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
PROCLAMATIONS
• Juneteenth proclamation was presented to Arthur Chaney, President of 100 Black Men of Sonoma County
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
None.
REPORT OUT OF CLOSED SESSION
City Attorney Eric Danly stated there was no reportable action taken.
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 - Heather Jennings (Moms Demand Action Volunteer) Mayor Barrett opened public comment.
Katherine Bobrowski
Peter Tscherneff
Karen Hungerford
John Hanania
Amy Malaise
Heather Jennings
Megan Atiyeh
Wayne Clarke
Darren Racusen
Rodijah Peters
Paul G
Layna
Sheila Baker
COUNCIL COMMENT
Councilmember Fischer
Councilmember Barnacle
Councilmember Healy
Vice Mayor Pocekay
Councilmember McDonnell
Councilmember King
Mayor Barrett
CITY MANAGER COMMENT
City Manager Peggy Flynn
APPROVAL OF MINUTES
1. Approval of the Minutes of the City Council/PCDSA Regular Meetings of March 14, 2022 (Goals and Priorities Workshop), and May 2, 2022, and May 9, 2022 (Budget Workshop)
March 14, 2022 - Draft Minutes
May 2, 2022 - Draft Minutes
May 9, 2022 - Draft Minutes
The Minutes were approved as submitted.
APPROVAL OF PROPOSED AGENDA
2. Approval of Agenda for City Council/PCDSA Regular Meeting of June 20, 2022 Tentative Agenda - June 20, 2022
Motion to Approve the Agenda for City Council/PCDSA Regular Meeting of June 20, 2022 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.
CONSENT CALENDAR
3. Resolutions Calling for and Giving Notice of the City’s Regular Municipal Election to be Held on Tuesday, November 8, 2022; Requesting the Sonoma County Board of Supervisors to Consolidate the City’s Regular Election as a General Municipal Election with the Statewide General Election; and, Adopting Regulations for Candidates of Elective Office Pertaining to Candidate Statements (Rose) 3 - Election - Staff Report and Attachments
4. Resolution Adopting City of Petaluma Display of Flags at City Facilities Policy and Ratifying the Display of the Pride Flag at City Facilities for the Month of June 2022 as Government Speech of the City Council in Accordance with the Policy (Flynn/Danly) 4 - Flags - Staff Report and Attachments
5. Resolution Making Required Findings and Authorizing the City Manager to Implement Teleconferenced Public Meetings for the City Council and All City Subordinate Bodies Pursuant to Assembly Bill 361 (Danly/Brady)
5 - Teleconference Meetings - Staff Report and Attachments
6. Resolution Adopting the Disadvantaged Business Enterprise Program for the Year 2022 for Federal Aviation Administration Funded Projects (Sanglerat) 6 - DBE - Staff Report and Attachments
7. Initiate Proceedings Regarding the Annual Assessments for the Existing Landscape Assessment Districts in the City; Resolution Describing Improvements and Directing Preparation of Engineer’s Report for Fiscal Year 22/23 Annual Assessment for Landscape Assessment Districts; Resolution Providing Preliminary Approval of Engineer’s Report for Landscape Assessment Districts, Fiscal Year 2022-2023; and Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2022-2023 and Set the Date of the Public Hearing (Chong/Teddy) 7 - LADs - Staff Report and Attachments
8. Resolution to Approve the Proposed Project List for Fiscal Year 22/23, per the Requirements of Senate Bill 1 to Obtain Road Maintenance and Rehabilitation Account Funds (Eichstaedt)
8 - SB1 - Staff Report and Attachments
9. Resolution Approving Fixed and Observed Holidays for Fiscal Year 2022/2023 (Freckmann/Kaur)
9 - Holiday Schedule - Staff Report and Attachments
10. Resolution Approving an Adjustment to the City of Petaluma Living Wage Rate by: 1) Setting the City of Petaluma Living Wage Rate at $17.61 Per Hour With an Employer Contribution Toward Medical Benefits and $19.74 Per Hour Without an Employer Contribution Toward Medical Benefits for Fiscal Year 2022-2023 and if Approved, 2) Amending the Pay Rates for Part-Time Positions Benchmarked to Living Wage Positions (Freckmann/Kaur)
10 - Living Wage - Staff Report and Attachments
11. Resolution Authorizing the Purchase of One (1) 2022 Toyota BZ4X Electric Vehicle in the Amount of $48,922, Plus Tax and the Purchase of One (1) 2022 Ford Mach-E in the amount of $63,890 plus tax, and an estimated $6,257 for each vehicle for the Purchase of Standard Police Patrol Accessory Equipment, and Authorizing the City Manager to Execute All Documents Necessary to Complete the Purchase (Frank/McGowan)
11 - PD EV Purchase - Staff Report and Attachments
12. Resolution Approving the City of Petaluma Investment Policy and Delegating Investment Authority to the City Treasurer for Fiscal Year 2022-2023 (Garberolio) 12 - Investment Policy - Staff Report and Attachments
13. Resolution to Receive and File the City Treasurer’s Quarterly Report Dated March 31, 2022 (Garberolio/Tedrow)
13 - Treasurers Report - Staff Report and Attachments
14. Adoption (Second Reading) of FY 2022-23 Budget Appropriations Ordinances (Garberolio)
14 - Budget Ordinances - Staff Report and Attachments
15. Resolution to Continue Current Budget Appropriation Ordinances 2777, 2778, 2779, 2780, 2781, 2782 N.C.S Until Fiscal Year 2022-23 Budget Appropriation Ordinances are in Effect (Garberolio)
15 - Continuous Budget - Staff Report and Attachments
Mayor Barrett opened public comment.
Darren Racusen
Ben Peters
Paul G
Mayor Barrett closed public comment.
Motion to Approve the Consent Calendar (
Resolution Nos. 2022-090 N.C.S. Calling for and Giving Notice of the City’s Regular Municipal Election to be Held on Tuesday, November 8, 2022; 2022-091 N.C.S. Requesting the Sonoma County Board of Supervisors to Consolidate the City’s Regular Election as a General Municipal Election with the Statewide General Election; 2022-092 N.C.S. Adopting Regulations for Candidates of Elective Office Pertaining to Candidate Statements; 2022-093 N.C.S. Adopting City of Petaluma Display of Flags at City Facilities; 2022-094 N.C.S. Making Required Findings and Authorizing the City Manager to Implement Teleconferenced Public Meetings; 2022-095 N.C.S. Adopting the Disadvantaged Business Enterprise Program; 2022-096 N.C.S. Describing Improvements and Directing Preparation of Engineer’s Report for Fiscal Year 22/23 Annual Assessment for Landscape Assessment Districts; 2022-097 N.C.S. Providing Preliminary Approval of Engineer’s Report for Landscape Assessment District; 2022-098 N.C.S. of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act; 2022-099 N.C.S. Approving the Proposed Project List for Fiscal Year 22/23, per the Requirements of Senate Bill 1; 2022-100 N.C.S.
Approving Fixed and Observed Holidays for Fiscal Year 2022/2023; 2022-101 N.C.S.
Approving an Adjustment to the City of Petaluma Living Wage Rate; 2022-102 N.C.S.
Authorizing the Purchase of One 2022 Toyota BZ4X Electric Vehicle and the Purchase of One 2022 Ford Mach-E; 2022-103 N.C.S. Approving the City of Petaluma Investment Policy; 2022-104 N.C.S. to Receive and File the City Treasurer’s Quarterly Report; 2022-105 N.C.S. to Continue Current Budget Appropriation Ordinances 2777, 2778, 2779, 2780, 2781, 2782 N.C.S Until Fiscal Year 2022-23 Budget Appropriation Ordinances are in Effect; and Adoption (Second Reading) of FY 2022-23 Budget Appropriations Ordinance Nos. 2812, 2813, 2814, 2815, 2816, and 2817 N.C.S.)
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.
PUBLIC HEARINGS
16. Adoption of an Ordinance of the City Council of the City of Petaluma Approving Petaluma Police Department’s Military Equipment Funding, Acquisition, and Use Policy, in Compliance with California Assembly Bill Number 481 (AB481) (Savano/Danly)
16 - AB481 - Staff Report and Attachment 1 (REVISED 6/6/2022 1:50 P.M.) Attachment 2A - Military_Equipment_Funding__Acquisition__and_Use_Policy Attachment 2B - Revised Military Equipment Inventory 06-06-2022 Attachment 2C - Standard Issue Duty and Less Lethal Weapons Inventory Attachment 2D - Allied Agency Equipment Summary
Attachment 3 - Related Police Policies AB481
Attachment 4 - Petaluma AB 481 Presentation Slides
16 - Public Comment - Eric Leland
16 - Public Comment - Jim Duffy
16 - Public Comment - Ellen Obstler
Police Chief, Ken Savano, presented the staff report.
Councilmembers asked questions of staff.
Mayor Barrett opened public comment.
Darren Racusen
John Hanania
Zahyra
Paul G
Susan Kirks
chrisjrn
Taryn Obaid
Jim Duffy
Eric Leland
Josh Simmons
Esaia Gonzalez
Mayor Barrett closed public comment.
Councilmembers discussed the item.
Motion to Continue the item. made by D'Lynda Fischer, seconded by Teresa Barrett.
Vote: The motion failed 2 - 5.
Yes: Teresa Barrett, and D'Lynda Fischer.
No: Brian Barnacle, Mike Healy, Dave King, Kevin McDonnell, and Dennis Pocekay.
Councilmember Healy moved, and Vice Mayor Pocekay seconded, a motion to continue the meeting past 11:00 p.m. Council unanimously agreed.
Mayor Barrett called for a three minute recess at 10:55 p.m. and thereafter reconvened the meeting at 10:58 p.m.
City Attorney Eric Danly asked and confirmed staff's understanding of the amendments to the Policy and Ordinance as suggested by Council, including:
adding the word “use” after acquisition to the Policy Title and Section 709.1; adding language concerning Unified Command of Petaluma PD to Policy Section 709.6; changing the noticing requirement for reporting on exigent circumstances warranting use or acquisition of military equipment not addressed in the Policy from 30 days to “as soon as practicable and no later than 48 hours” in the Ordinance and Policy Section 709.7; adding reporting on race and ethnicity demographics, comprehensive fiscal reporting and discussion of impacts/options and dates of purchase and replacement and that the Petaluma PD will be submitting quarterly reports on its use of military equipment for FY 22/23 to the Ordinance and Policy Section 709.8; adding that annual community engagement meetings would satisfy Brown Act requirements for legislative body meetings and summarized public notice/hearing in compliance with 481 and the policy to the Ordinance and Policy Section 709.9; and direction to staff that the Petaluma Police Department will update its Unmanned Aircraft Systems (drones) policy for City Council approval before acquiring or using the systems.
Motion to Approve the introduction (first reading) of Ordinance No. 2818 N.C.S. of the City Council of the City of Petaluma Approving Petaluma Police Department’s Military Equipment Funding, Acquisition, and Use Policy, in Compliance with California Assembly Bill Number 481 (AB481), with amendments as asked and confirmed by City Attorney Danly. made by Brian Barnacle, 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.
ADJOURN
Mayor Barrett adjourned the meeting at 11:24 p.m.