Meeting
CITY OF PETALUMA, CALIFORNIA
REGULAR MEETING OF THE CITY COUNCIL &
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY (PCDSA) MAYOR
Kevin McDonnell
COUNCIL MEMBERS
Brian Barnacle
Janice Cader Thompson (Vice Mayor)
Mike Healy
Karen Nau
Dennis Pocekay
John Shribbs
CITY MANAGER
Peggy Flynn
CITY CLERK
Kendall Sawyer, CMC
CITY ATTORNEY
Eric W. Danly
COUNCIL MEETINGS
1 st
and 3
rd
Mondays of each month
City Hall Council Chamber
11 English Street
Petaluma, CA 94952
CONTACT INFORMATION
Phone (707)-778-4360
[email protected]
cityofpetaluma.org
AGENDA PACKET
Monday, April 17, 2023
CLOSED SESSION 5:00 PM / REGULAR SESSION 6:30 PM
Pilot Hybrid Meeting Format
City Council meetings are currently being held in a pilot hybrid format, 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.
How to Observe and/or Participate and Provide Public Comment at a Meeting Attend In-Person:
Petaluma City Council Chamber 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 City Clerk.
Attend Virtually via Zoom:
https://us06web.zoom.us/j/85466022284
(Use raise hand feature to speak)
Call- In via Telephone:
One tap mobile: 16694449171,,85466022284# or dial 1 (669) 444-9171 Meeting ID: 854 6602 2284 (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]
or submit your comment online through the agenda portal. Comments that are received at least two hours prior to the meeting, 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 the cutoff time will be posted online and made part of the record the next business day.
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.
Animals in Council Chamber
No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability, or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties.
CLOSED SESSION - 5:00 P.M.
CALL TO ORDER
ROLL CALL
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; Charla Freckmann, Director of Human Resources; and Charles Sakai, Labor Negotiator, Sloan Sakai Yeung & Wong LLP Negotiating Parties: International Association of Firefighters (IAFF), Unit 7
and Petaluma Professional and Mid-Managers Association (PPMMA) Units 4, 9, and 11
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to California Government Code Section 54956.8
Property: City-Owned Fairgrounds Property (APN 007-031-004, 175 Fairgrounds Drive; and 007-031-005, 866 E Washington) Agency Negotiator: Peggy Flynn, City Manager
Negotiating Parties: Fourth District Agricultural Association Under Negotiation: Price and terms of payment and other terms of use of portions of City-owned Fairgrounds property for presentation of Sonoma Marin Fair
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
.
ADJOURN TO CLOSED SESSION
REGULAR SESSION - 6:30 P.M.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
REPORT OUT OF CLOSED SESSION
PROCLAMATIONS
Arbor Day
(April 29, 2023)
Proclamation - Arbor Day
Sexual Assault Awareness Month
(April)
Proclamation - Sexual Assault Awareness Month
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).
Beverly Voloshin
General Public Comment - Beverly Voloshin
Matt Hinds
General Public Comment - Matt Hinds
COUNCIL COMMENT
CITY MANAGER COMMENT
CONSENT CALENDAR
1. Minutes of the City Council/PCDSA Regular Meeting of April 3, 2023 Draft Minutes - April 3, 2023
2. Tentative Agenda for the City Council/PCDSA Regular Meeting of May 1, 2023 Tentative Agenda - May 1, 2023
3. Resolution Ratifying Award of Contract, Accepting the Completion of, and Authorizing Release of the 10% Retention for the Emergency Repair to the Ellis Creek Water Recycling Facility Oxidation Pond Levee and Transfer Structure by Team Ghilotti, Inc.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Overview Map
Attachment 3 - Photographs
4. Resolution Approving a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 23/24 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Staff Report
Attachment 1 - Resolution with Exhibits
Attachment 2 - TDA Application
Attachment 3 - PBAC Letter of Support
5. Resolution Authorizing the City Manager to Enter into a Landscaping Maintenance Agreement with the California Department of Transportation for Maintenance of the Landscaping Planting and Irrigation Systems between Highway 101 and Sapphire Street as Part of the Sterling Hills at Quarry Heights Subdivision Staff Report
Attachment 1 - Resolution
Attachment 1 - Exhibit A - Landscape Maintenance Agreement with State Attachment 2 - Executed Landscape Maintenance Agreement with Quarry Heights, LLC 5, 8, 9 - Staff Comment
6. Adoption (Second Reading) of Ordinance Nos. 2841, 2842, 2843, 2844, 2845, and 2846 N.C.S. Amending Ordinances 2826, 2827, 2814, 2815, 2828, 2829 N.C.S. to Change Certain Appropriations for the Operations of the City of Petaluma from July 1, 2022 to June 30, 2023 Staff Report
Attachment 1 - Ordinance No. 2841 N.C.S. - General Fund Attachment 2 - Ordinance No. 2842 N.C.S. - Enterprise Funds Attachment 3 - Ordinance No. 2843 N.C.S. - Utility Funds Attachment 4 - Ordinance No. 2844 N.C.S. - Internal Service Funds Attachment 5 - Ordinance No. 2845 N.C.S. - Special Revenues, Trust and Debt Funds Attachment 6 - Ordinance No. 2846 N.C.S. - Internal Capital Projects Funds
7. Adoption (Second Reading) of Ordinance No. 2847 N.C.S. Approving Purchase and Sale Agreements of Right of Ways of Real Properties, commonly known as 1390 N. McDowell Blvd. (APN 137-011-063/064), 1301 Redwood Way (APN 137-011-013), and 1360 N. McDowell (APN 137-011-017), 1372 N. McDowell Blvd.(APN 137-011-014), and Any Additional Right of Ways for the North McDowell Complete Streets Project and Authorizing the City Manager to Execute the Agreement and All Other Documents Necessary to Complete the Purchase and Sale, and Finding This Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15301 (Existing Facilities) Staff Report
Attachment 1 - Ordinance 2847 N.C.S.
Attachment 1 - Exhibit A - Agreement 1390 N
Attachment 1 - Exhibit B - Agreement 1301 Redwood Way
Attachment 1 - Exhibit C - Agreement 1360 N
Attachment 1 - Exhibit D - Agreement 1372 N
Attachment 2 - Location Map
8. Resolution Adopting the Summary Vacation of Public Utility Easements (PUE), Located at Assessor Parcel Numbers 006-163-040 and 006-163-041, and Finding This Action is Consistent with a Certified Mitigated Negative Declaration – CONTINUED FROM THE CITY COUNCIL/PCDSA REGULAR MEETING OF APRIL 7, 2023 Staff Report
Attachment 1 - Resolution
Attachment 1 - Exhibit A
Attachment 2 - Map
Attachment 3 - Irrevocable Offer of Dedication
Attachment 4 - Planning Commission Resolution 2018-03
5, 8, 9 - Staff Comment
9. Resolution Repealing Resolutions No. 2022-130 N.C.S. (Implementation of Stage 4 of the City’s Water Shortage Contingency Plan) and No. 2021-150 N.C.S. (Local Drought Emergency Proclamation) and Authorizing the City Manager to Adhere to the Implementation of the Requirements of the Governor’s Executive Order N-5-23 (Drought Update Executive Order) and all Subsequent Amendments Staff Report
Attachment 1 - Resolution - REVISED 4-17-23
5, 8, 9 - Staff Comment
PUBLIC HEARINGS AND MATTERS FOR CONSIDERATION
10. Introduction (First Reading) of Ordinance Amending Chapter 6.60 Entitled “Residential Tenancy Protections” of the Petaluma Municipal Code and Finding This Item is Exempt from CEQA pursuant to CEQA Guidelines Section 15387(b)(5) Staff Report
Attachment 1 - Proposed Ordinance
Attachment 1 - Clean Version of Chapter 6.60
Attachment 1 - Proposed Ordinance Comparison to Interim Ordinance Attachment 2 - Background on State Laws (TPA and Ellis Act) Attachment 3 - Public Comments and Documents Received
Attachment 4 - Survey Results
Attachment 5 - Appendix A of Housing Element
Attachment 6 - Workshop PowerPoint Presentation
10 - Public Comment - Adam Menconi
10 - Public Comment - Alejandrina Hernandez
10 - Public Comment - Alex Karakozoff
10 - Public Comment - Allegra Wilson (Deep Democracy Team of the North Bay Organizing Project) 10 - Public Comment - Amy Schwappach, Martha Dougherty, Jim Dougherty 10 - Public Comment - Andrew Allen
10 - Public Comment - Angelina Soldatos (California Apartment Association) 10 - Public Comment - Arabella Hutt
10 - Public Comment - Bill Abbey
10 - Public Comment - Bob Daugherty
10 - Public Comment - California Alliance for Retired Americans (CARA) 10 - Public Comment - Camille Sauvé
10 - Public Comment - Carol Schneider
10 - Public Comment - Cheryl Wong
10 - Public Comment - Chris Galassi
10 - Public Comment - Daniel Raff
10 - Public Comment - Dave Tarrant
10 - Public Comment - David Marshall
10 - Public Comment - Davide Dimauro
10 - Public Comment - Denise Sperling
10 - Public Comment - Diana Mariscal
10 - Public Comment - Diane Harvey
10 - Public Comment - Diane Sue White
10 - Public Comment - Don and Lesley Bordessa
10 - Public Comment - Donna Waite Pritchard
10 - Public Comment - Doris Vorrises
10 - Public Comment - Eddie kuo
10 - Public Comment - Edison
10 - Public Comment - Eduardo Torres
10 - Public Comment - Eileen Burrous
10 - Public Comment - Erin
10 - Public Comment - Erin Chmielewski
10 - Public Comment - Frank Burrous
10 - Public Comment - Fred Krieger
10 - Public Comment - Gal Bar-or
10 - Public Comment - Gregory Wagner
10 - Public Comment - Hedstrom & Coopersmith, LLP
10 - Public Comment - Helen Grove
10 - Public Comment - Helene Dorenfeld
10 - Public Comment - Jacqueline Crittenton
10 - Public Comment - Jean Ger
10 - Public Comment - Jennifer Miller
10 - Public Comment - Jenny Fish (HPEACE)
10 - Public Comment - Jim Dobberstein
10 - Public Comment - Joe Ansel
10 - Public Comment - John Gallagher
10 - Public Comment - John Lindenmeyer
10 - Public Comment - Jonathan Marlowe
10 - Public Comment - Joni and Bradley Shepard
10 - Public Comment - Karen Nyhus
10 - Public Comment - Karen Saari
10 - Public Comment - Keith Becker
10 - Public Comment - Kelsey Vero (Deep Democracy Team of the North Bay Organizing Project) 10 - Public Comment - Kevin and Christina Uriarte
10 - Public Comment - Laura Hill
10 - Public Comment - Lee Vandeveer
10 - Public Comment - Legal Aid of Sonoma County_UPDATED 10 - Public Comment - Lisa Tennenbaum
10 - Public Comment - Lori and Chris Lopin
10 - Public Comment - Lorraine Heitchue
10 - Public Comment - Madeline Dibble
10 - Public Comment - Marianne Skinner
10 - Public Comment - Marjorie Winter
10 - Public Comment - Martin Melendy
10 - Public Comment - Martin Neville
10 - Public Comment - Max Bell Alper
10 - Public Comment - Mehron Pejooh
10 - Public Comment - Michael Reichmuth
10 - Public Comment - Michael Tavis
10 - Public Comment - Michael Titone (Sonoma County Tenants Union Board) ESP 10 - Public Comment - Michelle Whiteside
10 - Public Comment - Mike Ulyatt
10 - Public Comment - Miroslav Raytchev
10 - Public Comment - Misha Kukui
10 - Public Comment - NAACP Santa Rosa - Sonoma County Branch 10 - Public Comment - North Bay Association of REALTORS 10 - Public Comment - North Bay Labor Council AFL-CIO_CORRECTED 10 - Public Comment - Patrick and Ann Moniz
10 - Public Comment - Patty Kong
10 - Public Comment - Paul Galassi
10 - Public Comment - Paul McConnell and Dubie Breen
10 - Public Comment - Peter and Doris Vorrises
10 - Public Comment - Phil Wilton
10 - Public Comment - Rachel Marcus
10 - Public Comment - Roger Bennetts
10 - Public Comment - Roger Fox
10 - Public Comment - Ruth Holt
10 - Public Comment - Sabrina Wei
10 - Public Comment - Sean OWard
10 - Public Comment - Sharon Wilson
10 - Public Comment - Shelley Medeiros
10 - Public Comment - Sheryl Jean
10 - Public Comment - Sid Paul (Addison Ranch Apartments) 10 - Public Comment - Sophie and Ted Aldrich
10 - Public Comment - Steven Lipson and Cynthia Mason
10 - Public Comment - Steven Wiessler
10 - Public Comment - Suellen Lamorte
10 - Public Comment - Sunny Noh (Legal Aid)
10 - Public Comment - Susan Ryan
10 - Public Comment - Swati Reichmuth
10 - Public Comment - Thomas A. and Constance Favell
10 - Public Comment - Ty Neadik
11. Resolution Approving a Professional Services Agreement with IntegrAssure, Inc. to Serve as the City of Petaluma Independent Police Auditor and Authorizing the City Manager to Execute the Agreement Staff Report
Attachment 1 - Resolution
Exhibit A - Request for Proposals (RFP) September 19, 2022 Exhibit B - IntegrAssure Proposal
Exhibit C - Professional Services Agreement - Scope of Services - Billing Rates 11 - Public Comment - Eric Leland
11 - Staff Response
12. Public Hearing and Resolutions 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 Staff Report
Attachment 1 - Resolution (no recusals)
Attachment 2 - Resolution (McDonnell recusal)
Attachment 3 - Resolution (Nau recusal)
Attachment 4 - Resolution (Pocekay recusal)
Attachment 5 - Resolution (Shribbs recusal)
Attachment 6 - Resolution (Barnacle recusal)
Attachment 7 - Resolution (Barnacle and Healy recusal)
Attachment 8 - Resolution (Healy recusal)
Attachment 9 - Resolution No. 2023-042 N.C.S.
Attachment 10 - Letter Mailed to Property Owners
Attachment 11 - Proof of Service
Attachment 12 - Memo to City Council Listing Properties Within 500' of Councilmembers' Properties
ADJOURNMENT
In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk’s Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to ensure the availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products.
The City Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the Government Code.
In accordance with Government Code §54957.5, any materials of public record relating to an agenda item for a regular meeting of the City Council that are provided to a majority of the members less than 72 hours before the meeting will be made available immediately online as part of the agenda packet on the City website at www.cityofpetaluma.org/meetings
and at the City Clerk’s Office, 11 English Street, during normal business hours. Materials of public record that are distributed during the meeting shall be made available for public inspection at the meeting if prepared by the City or a member of its legislative/advisory body, or the next business day after the meeting if prepared by some other person.