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1.A
November 7, 2005
RwO�p.Lrj
g City of Petaltuna, California
MEETING OF THE CITY COUNCIL/PETALUMA COMMUNITY
I85$ DEVELOPMENT COMMISSION
Draft City Council Minutes
Monday, October 17, 2005
Regular Meeting
OCTOBER 17, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 P.M.
A. Roll Call
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien
Absent: Pamela Torliatt
B. Pledge of Allegiance
Council Member Canevaro
PROCLAMATIONS
Proclaiming October 24, 2005 United Nations Day.
Proclaiming November 2005 Lung Cancer Awareness Month.
PRESENTATIONS
• Employee Service Awards for Third Quarter 2005.
Philip Sutsos, Fire Department
Mayor Glass
• Status of City's Emergency Preparedness. (Albertson)
Fire Chief Chris Albertson presented the report.
Mayor Glass
Vol. XX, Page 2
October 17, 2005
1
2 PUBLIC COMMENT
3
4 Marvin Livie, Petaluma, spoke about repairs needed on Wilson Street.
5
6 Patricia Tuttle Brown, Petaluma, in support of having the Historical and Cultural
7 Preservation Committee ("Historic SPARC") review demolition permit applications for
8 buildings 60 years and older.
9
10 COUNCIL COMMENT
12 None.
13
14 CITY MANAGER COMMENT
15
16 None.
17
18 AGENDA CHANGES AND DELETIONS (To current agenda only)
19
20 Item 4A was deleted with the consensus of Council.
21
22 1. APPROVAL OF MINUTES
23
24 A. Approval of Minutes of Regular City Council Meeting of October 3, 2005.
25
26 MOTION: Approve Minutes of Regular City Council Meeting of October 3,
27 2005.
28
29 Moved by Mike Healy, seconded by Karen Nau.
30
31 Vote: Motion carried 5-0.
32 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
33 Karen Nau
34 No: None
35 Abstain: Mike O'Brien
36 Absent: Pamela Torliatt
37
38 2. APPROVAL OF PROPOSED AGENDA
39
40 A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
41 November 7, 2005.
42
43 MOTION: Approve Proposed Agenda for Regular City Council/PCDC
44 Meeting of November 7, 2005.
45
46 Moved by David Glass, seconded by Mike Healy.
47
48 Vote: Motion carried 6-0.
49 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
50 Karen Nau; Mike O'Brien
51 No: None
52 Absent: Pamela Torliatt
October 17, 2005
Vol. XX, Page 3
1 3. CONSENT CALENDAR
2
3 A. Resolution 2005-171 N.C.S. Approving Claims and Bills for September
4 2005. (Carmichael)
B. Resolution 2005-172 N.C.S. Authorizing the Purchase of One New, 2005-
2006 24' Articulating Aerial Tower and Truck from Terex Utilities West,
Sacramento, in the Amount of $114,301.20. (Carmichael)
10
C.
Resolution 2005-173 N.C.S. Authorizing the Purchase of One 2005-2006'/a
11
Ton Super Duty/Extended Cab Animal Control Body 4x2 with CA: 54" to 60"
12
Truck Complete from Henry Curtis Ford, Petaluma, in the Amount of
13
$39,770.85. (Carmichael)
14
15
D.
Resolution 2005-177 N.C.S. Awarding Contract for Design of Fox Hollow
16
Park Site. (Carr)
17
18
E.
Adoption (Second Reading) of Ordinance 2225 N.C.S, Authorizing the City
19
Manager to Execute All Documents Relating to Granting of Easement to
20
Pacific Gas and Electric Company for Relocation of Utility Poles. (Orr/Ban)
21
22
F.
PCDC Resolution 2005-14 Approving the Application for Grant Funds for
23
the California River Parkways Grant Program Under the Water Security,
24
Clean Drinking Water, Coastal and Beach Protection Act of 2002 for the
25
Petaluma River/Trails Enhancement Project C200503. (Marengo/Lackie)
26
27
G.
Adoption (Second Reading) of Ordinance 2226 N.C.S. Amending
28
Ordinance 2178 N.C.S. Adopting Planned Unit Development (PUD) to
29
Allow for Development of 26 Affordable, Single -Family Homes on
30
Southgate Affordable Housing Site, and Approval of the Revised PUD
31
Development Standards and Unit Development Plan and for the
32
Southgate Subdivision Located East of Frotes Road Between Lakeville
33
Highway and Ely Road; APNS 017-150-019 and 017-030-022. (Moore/Allsep)
34
35
H.
Resolution 2005-174 N.C.S. Approving First Five -Year Extension of
36
Agreement with Petaluma Community Access (PCA) for Videotaping and
37
Cablecasting of the Public, Education, and Government Channels.
38
(Bierman)
39
40
1.
Resolution 2005-175 N.C.S. Ratifying Memorandum of Understanding
41
Executed by the Duly Authorized Representatives of the City and the
42
Peace Officers' Association of Petaluma for Employees of Unit 6 (Police).
43
(Carmichael/Robbins)
44
45
J.
Resolution 2005-176 N.C.S. Ratifying Memorandum of Understanding
46
Executed by the Duly Authorized Representatives of the City and the
47
Public Safety Mid -Management Association for Employees of Unit 10.
48
(Carmichael/Robbins)
49
50
MOTION: Approve Consent Calendars Item 3A, 3B, 3C, 3E, 3F, 3G, 3H, 31,
51
and 3.1
52
Vol. XX, Page 4 October 17, 2005
1 Moved by Mike O'Brien, seconded by Mike Healy.
2
3 Vote: Motion carried 6-0.
4 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
5 Karen Nau; Mike O'Brien
6 No: None
7 Absent: Pamela Torliatt
8
9 Council Member Canevaro recused himself and left the dais.
10
11 MOTION: Approve Consent Calendar Item 3D
12
13 Moved by David Glass, seconded by Mike Healy.
14
15 Vote: Motion carried 5-0.
16 Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
17 Mike O'Brien
18 No: None
19 Abstain: Keith Canevaro
20 Absent: Pamela Torliatt
21
22 Council Member Canevaro returned to the dais.
23
24 4. UNFINISHED BUSINESS
25
26 A.
.. Ij.v.f+.�+..— I ......
28 (CGR+'. o,+ frerR r,,.+, heF 3, 29nc R4ee#4c - Removed from the agenda
29 by Council consensus.
30
31 S. NEW BUSINESS
32
33 A. Discussion and Possible Direction to Authorize the City Manager to Enter
34 into an Agreement with Resource Performance Partners, Inc. for the
35 Development of a "Green Building" Program for the City of Petaluma.
36 (Moore)
37
38 Mike Moore, Community Development Director, presented the staff
39 report.
40
41 Council Member O'Brien
42
43 Grayson James, Resource Performance Partners
44
45 Mayor Glass
46
47 Mr. James
48
49 Vice Mayor Harris
50
51 Mr. James
52
October 17, 2005
Vol. XX, Page 5
1 Council Member Healy
2
3 Mr. Moore
4
5 MOTION: Approve Direction to Authorize the City Manager to Enter into
6 an Agreement with Resource Performance Partners, Inc. for the
7 Development of a "Green Building" Program for the City of Petaluma.
8 (Moore)
9
10 Moved by Mike Healy, seconded by Mike Harris.
11
12 Council Member O'Brien
13
14 Council Member Canevaro
15
16 Mr. James
17
18 Mark Richmond, What's Working
19
20 Council Member Canevaro
21
22 Mayor Glass
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24 Vice Mayor Harris
25
26 Mr. Richmond
27
28 Council Member O'Brien
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30 Mr. Richmond
31
32 Vote: Motion failed 3-3.
33 Yes: David Glass; Keith Canevaro; Mike Healy
34 No: Mike Harris; Karen Nou; Mike O'Brien
35 Absent: Pamela Torliatt
36
37 Mayor Glass
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39 Council Member O'Brien
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41 Mayor Glass
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43 Vice Mayor Harris
44
45 Direction to City Manager to bring the item back with information
46 regarding Santa Rosa's program and average costs.
47
48 B. Discussion and Possible Direction Regarding Consideration of Demolition
49 Permits for Buildings 60 Years Old and More to be Heard by the Historical
50 and Cultural Preservation Committee ("Historic SPARC") Rather Than by the
51 Site Plan and Architectural Review Committee ("SPARC"). (Harris/Healy)
Vol. XX, Page 6 October 17, 2005
Council Member Healy
Council Member O'Brien
Council Member Canevaro
Mayor Glass
Vice Mayor Harris
Council Member O'Brien
Council Member Canevaro
Mayor Glass
Council Member Nau
Public Comment
Corinne Farez-Demil, Petaluma, Historical and Cultural Preservation
Committee, in support of having the Historical and Cultural Preservation
Committee ("Historic SPARC") review demolition permit applications for
buildings 60 years and older.
Kit Schlich, Petaluma, President, Heritage Homes, in support of having the
Historical and Cultural Preservation Committee ("Historic SPARC") review
demolition permit applications for buildings 60 years and older.
Paul Demil, Petaluma, in support of having the Historical and Cultural
Preservation Committee ("Historic SPARC") review demolition permit
applications for buildings 60 years and older.
Direction to staff to prepare policy for demolition permits for buildings built
in the year 1945 or before to be reviewed by the Historical and Cultural
Preservation Committee )"Historic SPARC"). This policy is to be brought
back to Council for approval on the Consent Calendar.
C. Discussion and Direction on Proposed Downtown Sprinkler Retrofit
Ordinance. (Healy/Nau)
Council Member Healy
Mayor Glass
City Manager Bierman
Council Member Healy
Mayor Glass
October 17. 2005
Vol. XX, Page 7
1 Direction to the City Manager to draft language for a sprinkler retrofit
2 program wherein the City would provide water service to the property line
3 of each participating building at City expense, and the redevelopment
4 agency would reimburse 10% of the costs of sprinkler retrofits, up to a
5 maximum to $5,000 per building. Further information about the passibility
6 of waiving water connection fees will also be provided to Council.
7
8 ADJOURN TO CLOSED SESSION
9
10 Council adjourned to Closed Session at 4:20 p.m.
11
12 PUBLIC COMMENT
13
14 None.
15
16 CLOSED SESSION
17
18 CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
19 Michael Bierman/Pomalo Robbins. Employee Organization: AFSCME, Petaluma Police Officers
20 Association, Public Safety Mid -Management Association.
21 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (Government Code §54956.9(a))
22 Little vs. City of Petaluma et al. ( United States District Court, Northern District of California Case
23 # C 04-01254 EMC)
24 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: (Government Code §54956.9
25 (b)) Significant Exposure to Litigation (one potential case).
26 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957: Title:
27 City Attorney.
28
29
30 OCTOBER 17, 2005
31 EVENING SESSION
32
33
34 CALL TO ORDER - 7:00 p.m.
35
36 A. Roll Call
37
38 Present: Keith Conevoro, David Glass, Mike Harris, Mike Healy, Karen Nou,
39 Mike O'Brien
40 Absent: Pamela Torliatt
41
42 B. Pledge of Allegiance
43
44 Council Member O'Brien
45
46 C. Moment of Silence
47
48 REPORT OUT OF CLOSED SESSION (Actions Taken)
49
50 None.
51
52 PROCLAMATION
53
54 Proclaiming October 23-31, 2005 Red Ribbon Week.
Vol. XX, Page 8
October 17, 2005
1
2 Dwayne Sogis, McDowell Drug Task Force
3
4 Mayor Glass
5
6 PUBLIC COMMENT
7
8 Geoff Cartwright, Petaluma, spoke regarding the flooding problem in Petaluma, and the
9 danger of continuing to build in the floodplain.
10
11 Derek Stefan, President, Rotary Club of Petaluma Valley, spoke regarding the Rotary
12 Walks program, and thanked the City of Petaluma for their participation.
13
14 COUNCIL COMMENT
15
16 Council Member Nau
17
18 Vice Mayor Harris
19
20 Council Member Canevaro
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22 Mayor Glass
23
24 CITY MANAGER COMMENT
25
26 None.
27
28 6. UNFINISHED BUSINESS
29
30 A. Discussion on Status of the General Plan and Direction on the Schedule for
31 Adoption of the General Plan 2025. (Tuft)
32
33 Pamela Tuff, General Plan Administrator, presented the staff report.
34
35 Council Member Healy
36
37 Council Member Canevaro
38
39 Council Member O'Brien
40
41 Mayor Glass
42
43 Eric Danly, Meyers Nave, Attorneys at Law
44
45 7. NEW BUSINESS
46
47 A. Resolution 2005-178 N.C.S. Allowing a Non -Residential Outside Sanitary
48 Sewer Service for the Dutra Temporary Asphalt Plant at 1600 Petaluma
49 Boulevard South (APN 019-210-010, 038, 039). (Marengo/Spaulding)
50
51 Craig Spaulding, City Engineer, presented the staff report.
52
October 17, 2005
Vol. XX, Page 9
1 MOTION: Approve Resolution 2005-178 N.C.S. Allowing a Non -Residential
2 Outside Sanitary Sewer Service for the Dutra Temporary Asphalt Plant at
3 1600 Petaluma Boulevard South (APN 019-210-010, 038, 039).
4
5 Moved by Mike Healy, seconded by Mike Harris.
6
7 Vote: Motion carried 6-0.
8 Yes: David Glass; Keith Conevaro; Mike Harris; Mike Healy;
9 Karen Nau; Mike O'Brien
10 No: None
11 Absent: Pamela Torliatt
12
13 B. Discussion and Possible Direction Regarding Mobile Home Park
14 Designations Throughout the City, Potential Zoning Issue, and
15 Recommended Ordinances for the Necessary Protection. (Harris/Torliatt)
16
17 Mike Moore, Community Development Director, presented the staff
18 report.
19
20 Vice Mayor Harris
21
22 Director Moore
23
24 Vice Mayor Harris
25
26 Mayor Glass
27
28 Council Member Healy
29
30 Director Moore
31
32 Council Member Healy
33
34 Director Moore
35
36 Mayor Glass
37
38 Director Moore
39
40 Mayor Glass
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43 Public Comment
44
45 Jerry Rankin, Petaluma, regarding appropriate zoning for mobile home
46 parks.
47
48 Sam DiGiacomo, Sonoma, regarding needed mobile home park
49 legislation.
50
51 Len Carlson, Rohnert Park, regarding overlay zoning to protect mobile
52 home parks in perpetuity.
Vol. XX, Page 10 October 17, 2005
Bill Donahue, Petaluma, regarding mobile home park legislation and
rezoning.
Mayor Glass
Lucille Harrison, Petaluma, asked for Council's help in rezoning the mobile
home parks.
Lilyan Frank, Petaluma, regarding mobile home park legislation and
rezoning.
Mayor Glass
Director Moore
Vice Mayor Harris
City Manager Bierman
Director Moore
Mayor Glass
City Manager Bierman
Director Moore
Mayor Glass
Council Member Healy
Director Moore
Mayor Gloss
Council Member Nau
Council Member Healy
Council Member Canevaro
Council Member O'Brien
Mayor Glass
Direction to staff to determine the feasibility of putting a zoning ordinance
overlay in place by the December 19, 2005 Council Meeting.
October 17, 2005
8. PUBLIC HEARING
Vol. XX, Page 1 1
3 A. Discussion and Possible Action Regarding a Recommendation from the
4 Planning Commission to Adopt a Mitigated Negative Declaration and to
5 Approve A Request for a Rezoning to Planned Unit District, PUD
6 Development Standards and Unit Development Pian, A Conditional Use
7 Permit for an All Residential Project, and a 5-1-ot Vesting Tentative
8 Subdivision Map for the EI Rose Heights PUD Located at 3 EI Rose Drive,
9 APN 008-480-040, & 2100 B Street, APN 008-480-015. (File #04 -Zoo -0668 -Cr).
10 (Moore/Gordon)
11
12 Kim Gordon, Associate Planner, presented the staff report.
13
14 Larry Jonas, property owner
15
16 Mayor Glass
17
18 Ms. Gordon
19
20 Council Member Healy
21
22 Council Member Canevaro
23
24 Council Member O'Brien
25
26 Ms. Gordon
27
28 Mayor Glass
29
30 Council Member Healy
31
32 Shawn Montoya, architect
33
34 Mayor Glass
35
36 Ms. Gordon
37
38 MOTION: Approve:
39 Resolution 2005-179 N.C.S. Adopting a Mitigated Negative
40 Declaration for the EI Rose Heights PUD Subdivision.
41 Introduction (First Reading) of Ordinance 2227 N.C.S. Authorizing
42 a Rezoning to PUD and Approving the PUD Unit Development
43 Plan and Development Standards for the EI Rose Heights PUD
44 Subdivision.
45 • Resolution 2005-180 N.C.S. Approving a Conditional Use Permit
46 for the EI Rose Heights PUD Subdivision.
47 • Resolution 2005-181 N.C.S. Approving Vesting Tentative
48 Subdivision Map for the EI Rose Heights PUD Subdivision.
49 (Amended as follows for Lot 3: accessory dwelling to be permitted:
50 parking spaces required to be 4)
51
Vol. XX, Page 12 October 17, 2005
Moved by Karen Nau, seconded by Mike Harris.
Vote: Motion carried 6-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau; Mike O'Brien
No: None
Absent: Pamela Torliatt
B. Appeal of Brian Heim of a Condition of Approval of a Tentative Parcel
Map for Property at 26 Cherry Street Requiring that an Existing Garage be
in Compliance with Applicable Zoning Requirements Prior to Recordation
of a Final Parcel Map. (Moore)
Mike Moore, Community Development Director, presented the staff
report.
Mayor Glass
Brian Heim, appellant
Director Moore
Mayor Glass
Director Moore
Mr. Heim
Director Moore
Mayor Glass
Mr. Heim
Eric Danly, Meyers Nave, Attorneys at Law
Mr. Heim
Mr. Danly
Mr. Heim
Council Member Healy
Mr. Heim
Mayor Glass
Mr. Heim
Mayor Glass
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October 17, 2005
Mr. Danly
Mayor Glass
Council Member Healy
Mr. Danly
Mayor Glass
Director Moore
Mr. Heim
Mr. Danly
Director Moore
Mr. Danly
Mayor Glass
Mr. Danly
Council Member Healy
Council Member Nau
Vice Mayor Harris
Council Member Canevaro
Council Member O'Brien
Mayor Glass
Mr. Danly
Vol. XX, Page 13
Motion: Approve Resolution 2005-182 N.C.S. Denying the Appeal of Brian
Heim of a Condition of Approval of a Tentative Parcel Map for Property at
26 Cherry Street.
Moved by David Glass, seconded by Keith Canevaro.
Vote: Motion carried 6-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau; Mike O'Brien
No: None
Absent: Pamela Torliatt
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Vol. XX, Page 14
ADJOURN
October 17, 2005
The meeting was adjourned at 9:21 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor