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HomeMy WebLinkAboutStaff Report 1.A 01/26/20099 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1.A January 26, 2009 �r5'. e" i' b� a0� City of Petaluma, California MEETING OF THE CITY COUNCIL/ retia PETALUMA COMMUNITY DEVELOPMENT COMMISSION Draft City Council/PCDC Minutes Monday, December 8, 2008 Special Meeting CALL TO ORDER - EVENING SESSION - 6:00 P.M. A. Roll Call Present: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt; Pamela Torliatt Absent: None B. Pledge of Allegiance Janet Gracyk, Petaluma Council Member Harris requested that the meeting be adjourned in memory of Mel Graves, Composer, Musician and Professor at Sonoma State University. C. Moment of Silence PUBLIC COMMENT Bill Phillips, Petaluma, spoke about "the wheels falling off the bus" and quoted Corey Young's article in the Argus -Courier. He read directly from the paper about the Basin Street discussion on December 1, 2008. Since that evening, he has heard comments and they are not complimentary at all. He hopes the Council respects the function of the City Manager, staff and the interests of the City and public. Lisa Hirschhorn, The STG Group, Petaluma, stated that they are just "humble property owners" and they are having trouble leasing office space. They have 2 million square feet of vacant office space standing in Petaluma and with that comes 20,000 jobs and she has lost three large tenants because the City is not offering any incentives for big business. She wanted to know what the City is doing to help get this problem solved. She offered her building for sale for City use. Shelley Campbell, Petaluma, asked all who were in attendance and have an interest in the development on '1' Street to please raise their hands or stand. Dale Axelrod, Petaluma, proposed that the City have a standing offer to have three minutes of a stand-up comic at the beginning of each Council Meeting because it is so important for this City and these citizens to get involved with what is going down here at City Hall. Maybe if people see it as educational, civic minded and a little bit entertaining, they will want to participate. He asked that we reach out and get people involved. He said there is enough 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol. 44, Page 2 talent in Petaluma to at least have a different comic here at every meeting to give an analysis of what is on the agenda. COUNCIL COMMENT Mayor Torliatt Council Member Harris Council Member Barrett Council Member Nau Vice Mayor Rabbitt Council Member Freitas Council Member O'Brien requested that the meeting be adjourned in memory of Bill Appleton, Co -Owner of the Washoe House. Mayor Torliatt Council Member O'Brien Mayor Torliaft Vice Mayor Rabbitt Mayor Torliatt CITY MANAGER COMMENT City Manager John Brown AGENDA CHANGES AND DELETIONS - Changes to current agenda only None. 1. UNFINISHED BUSINESS A. Resolution 2008-223 N.C.S. and PCDC Resolution 2008-09 Approving a Design Change for Riverfront Apartments and Execution of Master Agreement Terminating Theatre District Development Agreement/OPA Agreement with Basin Street Properties; and, Introduction First Reading) of Ordinance 2318 N.C.S. Modifying Theatre District Parking Garage Easement on the Proposed Master Agreement and First Amendment to Parking Garage Easement and Operating Agreement Presented by Basin Street Properties Regarding the Theatre District Project. (Nau/O'Brien) - Continued from the December 1, 2008 City Council/PCDC Meeting. City Attorney Eric Danly IU; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 December 8, 2008 Mr. Steve Finn, Basin Street Properties Council Member Barrett Mr. Finn Council Member Barrett Mr. Finn Mayor Torliatt Mr. Finn Public Comment on Item 1.A Vol. 44, Page 3 Linda Postenrieder, Pelican Art Gallery, Petaluma, said she wanted to talk about the idea of paid parking. She stated that she is a new retailer who just passed five years in business. She went from a big shopping center to downtown and the biggest complaint from customers is that parking is difficult. Skip Sommer, Realtor, Petaluma, addressed the Basin Street Properties proposal. As a historian, he definitely wants to see the livery stable fully restored and put to use in this community. Basin Street Properties has saved that building and he didn't think they should have to pay any more. Regarding the parking fees, he stated that City of Santa Rosa has very successfully created a parking garage and has charged for parking. Will Bomar, Powell's Sweet Shoppe, Petaluma, spoke about the Downtown Theatre District. He commented about how the inefficiency of government gave everyone more time to have public input. He was glad that there is now public comment on this matter. His issue was that the Council was making a decision without notifying those who would be directly impacted. In the future, it may not be a bad idea to charge for parking. However, if paid parking starts in 2010 there will be a negative impact. Evan E. Clinton, Powell's Sweet Shoppe, Petaluma, spoke on behalf of the employees at the Theatre District that do not want to pay a fee for parking. He believes that free parking draws a lot of tourism. Bev Goetschius, Petaluma, stated that she is a consumer here in town and likes the garage, but one of things most hurt by recently is the number of layoffs that we have had in our city. She stated that "our downtown is fantastic." She believes that we badly need a source of revenue in this city and that we can work out the details. David Corkill, Cinema West, Petaluma, said that Basin Street Properties are good people and he is not here to say anything negative about Basin Street Properties. He is surprised he had to come here tonight instead of having an opportunity to discuss this privately. He believed it was a bad thing for Petaluma to air dirty laundry. He encouraged the Council to put together a subcommittee who listen Vol. 44, Page 4 1 to the public about this proposal and then make a decision after being properly 2 informed. 3 4 Mark D. Peters, Peters & Peters, Attorneys representing Powell's Sweet Shoppe and 5 Cinema West, Santa Rosa, said they are insecure on this issue because they are 6 not sure what is proposed. Powell's & Cinema West have contractual rights 7 to two fifths of the parking in that garage. He is concerned about the context in 8 which this issue has occurred. 10 Dave Libchitz, Petaluma, he said there was an important commonality with this 11 issue and the fairgrounds lease extension; both items were requested to be 12 agendized at times that would prohibit both the City Attorney and City Manager 13 and staff from completely vetting the issues and creating a thorough staff report. 14 He stated that "the rules were followed, but they were bent pretty far." He asked 15 the Council to "do the right thing and separate these things out and deal on own 16 merits." 17 18 Lori Shea, Blu, Petaluma, stated that she just heard about this issue tonight and 19 that none of the tenants in the theatre district were notified. She stated that you 20 compare Santa Rosa's downtown to Petaluma's downtown, it like comparing 21 apples to oranges. Santa Rosa's downtown is almost full. The theatre district is 22 almost empty. She believes that if the city is looking at paying in the parking 23 garage, the entire area should be examined and the buildings should be full. 24 25 Karla Schikore, Haus Fortuna, Petaluma, stated that she was one of the first 26 tenants in the theatre district. She is concerned about how no notice was given; 27 no opportunity for discussion or debate. The theatre district has low foot traffic 28 and is not fully occupied. There has been no assessment or evaluation of each 29 tenant and what they have to pay. She said "we all want what is right for 30 Petaluma." 31 32 Pablo owns Tres Hombres, Petaluma, said they are largest tenant in the Theatre 33 District after the movie theater. He said that the CNN economic forecast for our 34 country does not look too bright for 2009 or 2010. He said that if the parking 35 increase passes, it will make a tough situation for worse for the 36 tenants. Additionally, he added that it would not be a good idea to pass this 37 tonight and think it through. 38 39 Nicholas Harris, Petaluma, spoke about putting this item on the agenda last week 40 and how it was wrong. He believes that the financial analysis model is based on 41 a number of assumptions that in most likelihood will not have the same amount of 42 validity as we progress into a blatantly uncertain economic and social future. 43 Further, he said that the Keller Street garage was a proven failure and paid 44 parking will not work this time around. He talked about putting solar on the roof 45 and profiting from the green revolution now. 46 47 Janet Gracyk, Petaluma, said that Basin Street Properties does a lot of good work, 48 but it is often a mixed bag. She said that we have a wonderful Theatre District; 49 the Courtyard is lovely with the fountain in the middle, and the business building 50 right next to the draw bridge. Further, the apartments on First Street have not 51 rented out very well. She requested that the Council take a step back and think 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 December 8, 2008 Vol. 44, Page 5 about things as they are here as guardians and advocates for the city. She believed the Livery Stable should have been funded by Basin Street Properties. Paul Andronico, Basin Street Properties, Petaluma, wanted to address the comments he has heard tonight. The notion that there might be violation of existing contracts, and he assured that violation is no their intent. There will be an inventory of contracts and will not violate those. The proposal before the Council tonight does not include a specific timeframe to put in paid parking. Mayor Torliatt Mr. Andronico Mayor Torliatt Mr. Andronico Mayor Torliatt Mr. Andronico Jeff Mayne Petaluma Downtown Association, Petaluma, said they understand the situation with the city needing money and not wanting to miss out on an opportunity. In their view, Basin Street Pin doesn't really have the right to charge for parking during the remaining life of the current easement. They were offering 216 free parking spots in exchange for their development to occur. The PDA feels that these should be discussed before the decision is made. Katherine Reinhart, President, Petaluma Museum Association, Petaluma, stated that they were here to support the Friends of the River and all others in the community who wish to see the livery stable rehabilitated. She asked that the livery stable not be a part of the discussion and that Basin Street Properties' obligation to the community that they committed to nearly five years ago is upheld. Elizabeth Morey, Petaluma, read into the record a letter by Diane Painter. Steven Charlip, Petaluma, stated that if the structure becomes a fee structure, visitors will choose to avoid paying that fee and they will drive up the street looking for parking. He believed that asking people to pay for parking will force residential streets in to parking. Dale Axelrod, Petaluma, apologized to the people waiting for Pinnacle and then got bumped to second on this week's agenda. He asked, "Why are we even discussing being locked in with their frame on the parking structure? Why are we talking about if?" He called it "another give away." In addition, he stated that we have to establish what kind of value we are losing by not having those 15 units. He told Council, "Please do not approve this tonight." Mayor Torliatt Council Member Freitas Vol. 44, Page 6 City Attorney Danly Council Member Freitas City Attorney Danly Council Member Freitas City Attorney Danly Council Member Freitas Council Member Harris City Attorney Danly Council Member Harris City Manager Brown Vice Mayor Rabbitt City Attorney Danly Vice Mayor Rabbitt City Attorney Donly Vice Mayor Rabbitt Mayor Torliatt Vice Mayor Rabbitt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly December 8, 2008 Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt Vice Mayor Rabbitt Council Member Nau Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt Council Member Harris Council Member O'Brien Vol. 44, Page 7 Motion: Approve A. Resolution 2008-223 N.C.S. and PCDC Resolution 2008-09 Approving a Design Change for Riverfront Apartments and Execution of a Master Agreement Terminating Theatre District Development Agreement and Owner Vol. 44, Page 8 Participation Agreement with Basin Street Properties; and, Introduction First Reading) of Ordinance 2318 N.C.S. Modifying Theatre District Parking Garage Easement on the Proposed Master Agreement and First Amendment to Parking Garage Easement and Operating Agreement Presented by Basin Street Properties Regarding the Theatre District Project. Moved by Mike O'Brien, seconded by Karen Nau. Mayor Torliatt Vice Mayor Rabbitf Council Member Nau City Manager Brown Fire Chief Larry Anderson Mayor Torliatt City Attorney Danly Council Member Barrett Mr. Finn Mayor Torliatt Vice Mayor Rabbitt Council Member O'Brien Mayor Torliatt Motion: Call for the Question Moved by Mike O'Brien, seconded by Karen Nau. Vote (to call for question): Motion carried 6-1 Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: Pamela Torliatt Abstain: None Absent: None City Attorney Danly Mayor Torliatt Vote (to adopt resolutions and introduce ordinance): Motion carried 6-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 December 8, 2008 Vol. 44, Page 9 Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: Pamela Torliatt Abstain: None Absent: None 2. PUBLIC HEARING A. Resolution 2008-224 N.C.S. Adopting a Mitigated Negative Declaration; Resolution 2008-225 N.C.S. Approving a Tentative Subdivision Map; and Introduction (First Reading) of Ordinance 2319 N.C.S. Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single -Family Residential Units Located at 2762'1' Street, APN 019-401-019, Project File No. 05-ZOA-0029-CR (Moore/Borba) - Continued from the December 1, 2008 City Council/PCDC Meeting. Mayor Torliatt Associate Planner Irene Borba Council Member Barrett Ms. Borba Mayor Torliatt Mr. Dowd, Pinnacle Homes Council Member Barrett Mr. Dowd Mayor Torliatt Mr. Dowd Council Member Barrett Ms. Borba Mayor Torliatt Mr. Dowd Council Member Barrett Mr. Dowd Council Member Barrett Mayor Torliatt Vol. 44, Page 10 2 Council Member Nau 3 4 Mr. Dowd 5 6 Council Member Nau Mayor Torliatt 10 Public Comment on Item 2.A 12 Scot Stegman, 1' Street Gateway Coalition, Petaluma, spoke about density on the 13 site. He also talked about noticing discrepancies and the lack of proper 14 noticing. He did not feel that the baseline requirement of 20 -day notice was 15 met. He addressed the property setbacks and trustee noticing. He questioned 16 the development timetable and CCR's. 17 18 Shelley Campbell, Petaluma, spoke about the drainage and the conditions of 19 approval. She believes there is an issue with a section of the report concerning 20 the Pinnacle lands above and adjacent to the Grevillia homes. Further, she 21 stated that oil studies need to be done at the end of the winter months. She 22 requested that the City Council walk the project as there are significant impacts 23 on the neighborhood and beyond. She is worried about accessibility and it being 24 a fire hazard. 25 26 Ralph Hooper, Petaluma, stated that he is not opposed to the development 27 of the Hash property. Further, he said he was not here to object to development, 28 but to object to this particular development proposal. He is worried about earth 29 movement as he has no assurance that they are not going to have a landslide. 30 In addition, he is greatly concerned about drainage as there is a history of 31 flooding in Grevillia properties. 32 33 Clyde Christobol, Petaluma, asked that the Council "please stop this rush to 34 development." He said that this has been a four-year process and property 35 owners seemed to have been ignored. They are constantly reminded of their 36 water supply when they flush their toilets. He asked, "Does the City of Petaluma 37 have enough water to sustain the existing community?" 38 39 Christine Christobol, Petaluma, wanted to discuss the v -ditch drainage that 40 Pinnacle proposed to put along the backside of the property. She stated that 41 there is no oversight for the v -ditch. Pinnacle is expecting the homeowners to 42 take care of that themselves and there is no way to be sure they will address or 43 maintain that. She also has concerns about drainage and earth movement. 44 45 David Wertzberger, Petaluma, said that he is not opposed to developing that 46 property, but he thought that this particular project is not good for the property. 47 He felt the maximum density and concentration of the homes is on the most 48 prominent and steep ridgeline which has the most impact. He asked that all story 49 poles be put back in place and allow for onsite direction. He stated that this has 50 become an expensive and pointless exercise and may ultimately cost the City 51 and applicant, time, frustration and money. 52 December 8, 2008 Vol. 44, Page 11 1 Bruce Okrepkie, Petaluma, stated that he appreciates the time and energy the 2 Council is putting into this process. He works for Wells Fargo Insurance and has 3 had the pleasure of knowing Dick Dowd for over 25 years. They have never had 4 a claim on any home or project they have ever built. Integrity, quality and 5 honesty are three words synonymous with Pinnacle. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Marr Olson, Petaluma, said he has been a business owner for 23 years in the City of Petaluma and a property owner and he thinks this is a good project, done by a good developer and it is well thought out. Rich Johnson, Petaluma, said that he has been a resident of the City of Petaluma for 32 years. He has had the pleasure in 30 years of real estate has had opportunity to work with Pinnacle Homes. He said that honestly is something that goes with their company. He said that he supports his project and asked that the Council vote in their favor. Michelle Wester, Petaluma, said that she purchased a Pinnacle Home five years ago and she has been very satisfied. Her home is set into a hillside with a v -ditch and she has no drainage issues as they do know how to build a proper home. Bill Roop, Petaluma, stated that he was a consultant on this project and he spoke in favor of this project. Charles Hall, Petaluma, stated that he has been a resident of the City of Petaluma for 15 years and attended the meeting on behalf of Pinnacle Homes. He met Dick Dowd four years ago in a business setting and he came highly recommended. Pinnacle's strengths are integrity, hard work and devotion to the community. Rick Young, Petaluma, said he has lived in Petaluma all his life growing up in the 'I' Street area and he still lives on the west side. He has worked with Pinnacle on other projects and said their homes are high quality. He spoke in favor of the project. Sam Blasi, Petaluma, said that he is a member of the community and an original member in the Westridge Area. He believes the project is good and high quality. He did not think that Pinnacle was going to risk their reputations by building a bad product. Charlie Carson, Petaluma, stated that he has lived in town since 1977 and lived off of Sunnyslope Road since 1984. He said that any builder that is working with a drainage issue, just by experience in this part of town, he cannot think of a better builder to work with than Pinnacle Homes. He believes that this project will be well served by Pinnacle Homes developing it according to the plans. Michael Morgan, Petaluma, said that they are proud and extremely satisfied homeowners of a Pinnacle Home. They are relatively newcomers to Petaluma and only been there three years, but they have never seen quality like Pinnacle. He believed that an addition of a Pinnacle Home to any community is a significant improvement. Vol. 44, Page 12 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Tiffany Renee, Petaluma, stated that she has served on the hillside subcommittee with Mr. Fitzpatrick of Pinnacle Homes and she said that Mr. Fitzpatrick has been very honest in stating that he is okay with building monstrosities. In looking over the plans she had issues with finding the exact heights of these properties. The hillside ordinance says maximum 30 foot height and she encouraged the Council to make sure that the heights are in accordance with the ordinance. Steve Geney, Petaluma, said that he lives on the west side near the Westridge project. He said there have been a lot of viable concerns by those opposing this project, but any reputable developer has concerns about landslides and water infiltration. They do not want to build a project and end up in multiple lawsuits. He spoke highly of Mr. Dowd and Pinnacle's reputation speaks for itself. He encouraged Council to support this project. Keith Woods, North Coast Builders Exchange, Santa Rosa, said that he has been to many hearings and this may be the most civil group of homeowners and congratulated their manner. However, he said they will not do any better than having a firm like Pinnacle as a neighbor. Dave Lipchitz, Petaluma, spoke about being a resident of Petaluma since he was a few days old. He asked, "Why was a full EIR not required? And how will the project affect adjacent, soil sensitive hillsides?" He said that developing in Petaluma should be a privilege, not a right. Dale Axelrod, Petaluma, spoke about this process. He says that the Council has a chance to do the right thing and answer the questions given here tonight. Before the vote, he asked staff to weigh in about information not brought up at the Planning Commission meeting. He stated, "Let's not make a decision unless we have enough data." Gwen Anderson, Santa Rosa, she said she is a former Planning Commissioner, Council Member and Mayor. She said that Dick Dowd's father was her best friend and Craig Lawson is her son-in-law. She said that they are two of the most giving people she knows. She concluded with, "They are good people; can't beat em." Council Member Barrett Fire Marshall Michael Ginn Council Member Barrett Fire Marshall Ginn Council Member Barrett Fire Marshall Ginn Council Member Barrett Fire Marshall Ginn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 December 8, 2008 Council Member Barrett Mayor Torliatt Council Member Barrett Fire Marshall Ginn Council Member Barrett Fire Marshall Ginn Council Member Barrett Fire Marshall Ginn Council Member Barrett Fire Marshall Ginn Mayor Torliatt Fire Marshall Ginn Mayor Torliatt Fire Marshall Ginn Vice Mayor Rabbitt Fire Marshall Ginn Mayor Torliatt Fire Marshall Ginn Council Member O'Brien Fire Marshall Ginn Council Member O'Brien Fire Marshall Ginn Mayor Torliatt Fire Marshall Ginn Mayor Torliatt Fire Marshall Ginn Vol. 44, Page 13 Vol. 44, Page 14 1 Council Member Barrett 2 3 Fire Marshall Ginn 4 5 Council Member Barrett 6 7 Fire Marshall Ginn 8 9 Council Member Barrett 10 1 1 Fire Marshall Ginn 12 13 Council Member Barrett 14 15 Mayor Torliatt 16 17 Fire Marshall Ginn 18 19 Council Member Barrett 20 21 City Engineer Curt Bates 22 23 Council Member Barrett 24 25 City Attorney Danly 26 27 Mayor Torliatt 28 29 Mr. Bates 30 31 Mayor Torliatt 32 33 Mr. Bates 34 35 Council Member Barrett 36 37 Mr. Bates 38 39 Council Member Barrett 40 41 Mr. Bates 42 43 Council Member Barrett 44 45 Mr. Bates 46 47 Council Member Barrett 48 49 Mr. Bates 50 51 Council Member Barrett 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 December 8, 2008 Mr. Bates Council Member Barrett Mayor Torliatt City Attorney Danly Community Development Director Mike Moore City Attorney Danly Mayor Torliatt Director Moore Mayor Torliatt Director Moore Mayor Torliatt Director Moore Mayor Torliatt Director Moore Mayor Torliatt Director Moore City Attorney Danly Mayor Torliatt Director Moore Council Member Barrett Director Moore Council Member Barrett Director Moore Council Member Barrett Director Moore Mayor Torliatt Vol. 44, Page 15 Vol. 44, Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4B 49 50 51 52 Ms. Borba Director Moore Council Member Barrett Ms. Borba Council Member Barrett Mayor Torliatt Mr. Bates Mayor Torliatt Mr. Bates Mayor Torliatt City Attorney Danly Motion: Continue the meeting past 11:00 p.m. Moved by Samantha Freitas, seconded by Teresa Barrett Vote: Motion carried 7-0. Yes: Teresa Barrett: Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt; Pamela Torliatt No: None Abstain: None Absent: None Mr. Bates City Attorney Danly Mayor Torliatt City Attorney Danly Mayor Torliatt Council Member Barrett Vice Mayor Rabbitt Mr. Bates Mayor Torliatt December 8, 2008 1 Mr. Dowd 2 3 Mayor Torliatt 4 5 Mr. Dowd 6 7 Council Member Barrett 8 9 Mr. Dowd 10 1 1 Council Member Barrett 12 13 Mr. Dowd 14 15 Mayor Torliatt 16 17 Mr. Dowd 18 19 Mayor Torliatt 20 21 Mr. Bates 22 23 Mayor Torliatt 24 25 Mr. Bates 26 27 Mayor Torliatt 28 29 Steve LaFranchi, LaFranchi & Associates, Petaluma 30 31 Mayor Torliatt 32 33 Mr. LoFranchi 34 35 Mayor Torliatt 36 37 Council Member Barrett 38 39 Ms. Borba 40 41 Council Member Barrett 42 43 Ms. Borba 44 45 Council Member Barrett 46 47 Ms. Borba 48 49 Vice Mayor Rabbitt 50 51 Mayor Torliatt 52 Vol. 44, Page 17 Vol. 44, Page 18 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Director Moore Mayor Torliatt Director Moore Mayor Torliatt Vice Mayor Rabbitt Mayor Torliatt Vice Mayor Rabbitt Council Member O'Brien Motion: Approve Resolution 2008-224 N.C.S. Adopting a Mitigated Negative Declaration; Introduction )First Reading) of Ordinance 2319 N.C.S. Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single -Family Residential Units Located at 2762 '1' Street, APN 019-401-019, Project File No. 05-ZOA-0029-CR; and Resolution 2008-225 N.C.S. Approving a Tentative Subdivision Map; with the following changes: • Trees to be placed in the Conservation Easement are to be installed in a natural pattern and to be reviewed as part of the SPARC process. • Conditions #10 and #25 are to be consistent with the Tree Ordinance. • Correct the typographical error in the Tentative Parcel Map Resolution to change "2007" to "2008." • Correct the typographical error in condition #37: "...extend the public water main." • Modify condition #58 to say "subdivision" instead of "all structures." • Require a third party review of the fire suppression/pump house on an annual basis. • Prohibit structures in the Conservation Easement for Lots 8 and 9. • Include a condition for weed abatement for the open space. • Include a condition that a pedestrian gate be installed on Lots 8 and 9 to access the open space. • Include additional language regarding maintenance. Moved by Mike O'Brien, seconded by Samantha Freitas. Vote: Motion carried 5-2. Yes: Samantha Freitas; Mike Harris, Karen Nau; Mike O'Brien; David Rabbitt No: Pamela Torliatt; Teresa Barrett Abstain: None Absent: None 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 December 8, 2008 ADJOURN Vol. 44, Page 19 The meeting adjourned at 11:23 p.m. At the requests of Council Members Harris and O'Brien, the meeting was adjourned in memory of Mel Graves and Bill Appleton. Pamela Torliatt, Mayor ATTEST: Deborah L. Padovan, CMC, Deputy City Clerk