HomeMy WebLinkAboutCity Council Minutes 02/28/20051
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February 28, 2005
ALU
a City of Petaluma, California
MEETING OF THE PETALUMA CITY COUNCIL/
rs5$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, February 28, 2005 - 3:00 p.m.
Regular Meeting
FEBRUARY 28, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
A. Roll Call - 3:00 p.m.
Vol. 40, Page 457
Present: Keith Canevaro, David Glass, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: Mike Harris
B. Pledge of Allegiance
Council Member Torliatt
APPOINTMENTS
Recommendation to the Mayors' & Councilmembers' Association, Mayors' City Selection
Committee, for the following Committee Appointments:
A. Remote Access Network (RAN) Board (one position - must be filled by a Mayor;
no specific term). (03:04 PM)
MOTION: Recommend David Glass to the Remote Access Network (RAN) Board
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 6-0.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
B. Local Agency Formation Commission (LAFCO) (one position - four year term,
expires May, 2009).
Recommendation to the Mayors' & Councilmembers' Association, Board of Directors, for the
following Association Appointment:
Sonoma -Marin Area Rail Transit (SMART) II Commission, Board of Directors (two positions; four
year terms): One position is at -large and one position must also be a representative on SCTA.
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Vol. 40, Page 458
February 28, 2005
Pursuant to Public Utilities Code Section 105020, no city may have more than one member on
SMART; all members must be from cities on the rail line in Sonoma County; and at least two
members are also city representatives for SCTA.
MOTION: Recommend Mayor Lisa Schaffner (Healdsburg) for appointment to Local Agency
Formation Commission (LAFCO), and Council Member Healy and Council Member Debora
Fudge (Windsor) for the Sonoma -Marin Area Rail Transit (SMART) II Commission Board of
Directors.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 6-0.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
PUBLIC COMMENT
Peter Tscherneff, Petaluma: Ethical treatment of animals; clean water; the Occidental Arts and
Ecology Center; war; religion; leading with the heart.
COUNCIL COMMENT
Council Member Torliatt
CITY MANAGER COMMENT
AGENDA CHANGES AND DELETIONS (To current agenda only).
City Manager Bierman noted that Item 3C had been removed to a date uncertain.
1. APPROVAL OF MINUTES
A. City Council/PCDC Minutes of February 7, 2005.
Council Member Torliatt
Mayor Glass
MOTION: Approve City Council/PCDC Minutes of February 7, 2005.
Moved by Pamela Torliatt, seconded by Mike Healy.
Council Member Canevaro
Council Member O'Brien
Council Member Healy
Council Member Canevaro
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3.
February 28, 2005
Mayor Glass
Council Member Torliatt
City Council Minutes of February 15, 2005.
Vol. 40, Page 459
Council agreed to table both sets ofminutes, and hoschedule odiscussion for the
March 7, 2005 agenda of the format and content of City CouncillPCDC minutes.
Council Member O'Brien
APPROVAL OFPROPOSED AGENDA
A. Approval of Proposed Agenda for Council's Regular Meeting of March 7, 2005.
MOTION: Approve Proposed Agenda for Council's Regular Meeting #fMarch 7,
2005 as received at dais, with addition of City Council/PCDC minutes discussion.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 6-O.
Yeo: Keith Canevaro;David Glass; Mike Healy; Koren Nou; Mike O'Brien;
Pome|oTodiott
No: None
Absent: Mike Harris
CONSENT CALENDAR
Council Member Todiattremoved Item 3.D. for discussion.
A. Resolution 200S-027N.C.S.Awarding aConstruction Contract for the People
Services Center/COTS Building Re -Roof Project P202l0l.(Lockie)
Second Reading (Adophon)ofOrdinance 22ggN.C.S.Amending Chapter
ll.l2.l5Oofthe Petaluma Municipal Code Authorizing Vehicle Code
Enforcement onPrivate Property Located at: /o>The Theatre District Parking
Garage and (b)The Basin Street Town Center Parking Lot. (Netter)
C. Introduction (First Reading) of an Ordinance Approving an Offer of an EXGlysive
"Dry" PubliG Utility Lines �141ithip City Owned LAPPI �hAIAIA As Pa:r-el A ef
(BGteS/MGGFe) - Removed to a date uncertain.
D. Resolution Approving the Phase | Final Map ofSouthgate Subdivision.
(Bates/Moore) - Removed for discussion.
E. PCDC Resolution 2DO5-O2Accepting the Completion of the Petaluma Downtown
Improvements, Phase |' Project No.33OO-54l5l-C20O6O3.(Moronge||o)
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Vol. 40, Page 460
February 28, 2005
MOTION: Approve Items 3A Resolution 2005-027 N.C.S., 313 Ordinance 2200 N.C.S.,
and 3E PCDC Resolution 2005-02.
Moved by Mike Healy, seconded by David Glass.
Vote: Motion carried 6-0.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
Item Removed for Discussion
D. Resolution 2005-028 N.C.S. Approving the Phase I Final Map of Southgate
Subdivision. (Bates/Moore)
Council Member Torliatt
City Manager Bierman
Council Member Healy
MOTION: Approve Resolution 2005-028 N.C.S. Approving the Phase I Final Map of
Southgate Subdivision. (Bates/Moore)
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 5-1.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien
No: Pamela Torliatt
Absent: Mike Harris
4. UNFINISHED BUSINESS
A. Resolution 2005-029 N.C.S. Directing the Department of Water Resources and
Conservation to Solicit Bids for Construction of the Ellis Creek Water Recycling
Facility for Alternative IA. (Ban/Orr)
City Manager Bierman presented the staff report.
Z9-1-ffqD9-T17 =2 I I
James Nichols, Internation Brotherhood of Electrical Workers (IBEW) 551, Santa
Rosa: Thanks to Council for not allowing Helix Electric to bid - not qualified
contractor. Cautioned Council regarding HGH Electric.
Jack Buckhorn, International Brotherhood of Electrical Workers (IBEW) 551, Santa
Rosa: Thanks to Council and staff for hard work on project and being leaders in
North Bay on prequalification language. Encourage Council to hire companies
meeting all prequalifications and having workers who live locally.
Bryant Moynihan, Petaluma: Costs, rates, controlling expenditures on project.
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February 28, 2005 Vol. 40, Page 461
Nancy Chien-Eriksen, Petaluma: Patricia Johansen; project should be done all at
once.
Bob Dyer, Petaluma, Senior Docent, Petaluma Wetlands: Bid entire project at one
time; need engineering design for Johansen's components to search for grant
monies.
David Yearsley, Petaluma River Keeper: In support of Alternative IA.
City Manager Bierman
Council Member Torliatt
City Manager Bierman
MOTION: Approve Resolution 2005-029 N.C.S. Directing the Department of Water
Resources and Conservation to Solicit Bids for Construction of the Ellis Creek
Water Recycling Facility for Alternative IA. (Ban/Orr)
Moved by Mike O'Brien, seconded by Keith Canevaro.
Council Member O'Brien
Council Member Nau
Council Member Healy
Mr. Buckhorn
Mr. Buckhorn
Council Member Healy
Council Member Healy
City Manager Bierman
Council Member Healy
City Attorney Rudnansky
Council Member Healy
Mayor Glass
Council took a five-minute break.
Council Member Healy
MOTION: Amend Previous Motion to Approve Resolution 2005-029 N.C.S. Directing
the Department of Water Resources and Conservation to Solicit Bids for
Construction of the Ellis Creek Water Recycling Facility for Alternative 1 A and
directing staff to determine if the electrical contractor HGH has strictly complied
Vol. 40, Page 462
February 28, 2005
1 with all the requirements for qualification set forth on page 7 of the qualification
2 request document approved by Council, or had some requirements waived by
3 staff.
4 Moved by Mike O'Brien, seconded by Keith Canevaro.
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6 Mayor Glass
���
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Council Member Healy
Council Member Torliatt
City Attorney Rudnansky
Council Member Torliatt
City Attorney Rudnansky
Council Member Torliatt
Council Member Healy
Vote: Motion carried 6-0.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
Resolution 2005-030 N.C.S. Determining that No Action by the City Council is
Required on a Petition Submitted to the City Of Petaluma Protesting the Adoption
of Resolution 2005-012 N.C.S. and Seeking a Referendum on that Resolution.
(Cooper) (04:06 PM)
MOTION: Approve Resolution 2005-030 N.C.S. Determining that No Action by the
City Council is Required on a Petition Submitted to the City Of Petaluma Protesting
the Adoption of Resolution 2005-012 N.C.S. and Seeking a Referendum on that
Resolution. (Cooper)
Moved by David Glass, seconded by Pamela Torliatt.
Vote: Motion carried 6-0.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
5. NEW BUSINESS
A. Mid -Year Budget Review. (Bierman)
Joe Netter, Interim Finance Director, presented the audit, and then the mid -year
budget review.
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February 28, 2005
Mayor Glass
Mr. Netter
Mayor Glass
Public Comment
Vol. 40, Page 463
Bryant Moynihan, Petaluma: Quarterly Budget Variance Reports; Pentamation
System.
ADJOURN TO CLOSED SESSION
PUBLIC COMMENT
None.
■ PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City
Manager.
■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (Government Code §54956(a))(1) Bramblett
vs. Petaluma (Sonoma County Superior Court Case #MCV174982) (04:58 PM)
FEBRUARY 28, 2005
EVENING SESSION
CALL TO ORDER - 7:00 p.m.
A. Roll Call - 7:00 p.m.
Present: Keith Canevaro, David Glass, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: Mike Harris
B. Pledge of Allegiance
Council Member Nau
C. Moment of Silence
REPORT OUT OF CLOSED SESSION
No reportable action taken.
PUBLIC COMMENT
Janet Ramirez, Petaluma, McNear Park Neighborhood Association: In opposition to Little League
at McNear Park.
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Vol. 40, Page 464
February 28, 2005
Chris Irvin, Petaluma: In opposition to Little League at McNear Park.
Council Member Torliatt
City Attorney Rudnansky
Jill Rees, Petaluma: Petaluma's need for new park space. Moving Little League into McNear Park
is not a good idea.
Jane Allard Allen, Petaluma: In opposition to moving Little League to McNear Park. Consider
parcel north of outlet mall.
Chantal Rogers, Petaluma: Against moving Little League to McNear Park, thus making much of
the park unavailable to all other users.
Linda Sexauer, Petaluma: In opposition to moving Little League to McNear Park.
Jane Rabbitt, Petaluma: In support of temporarily moving Little League to McNear Park.
Mary Anne Hansen, Petaluma: Developers of Kenilworth project should maintain existing Little
League fields or find another location and build facility for Little League. Need for parks/ballfields
for growing population.
George Nazzal, Petaluma, Petaluma Youth Soccer: Thanked Little League for bringing to light the
need for more ballparks.
Tim Connor, Petaluma: In opposition to moving Little League to McNear Park.
Cheryl Jern, Petaluma, Paula Lane Action Network: Responded to Council Comments at
February 7 meeting.
Ken Miller, Petaluma: Spoke of February 7 meeting. County project proposed for area would
have septic systems and wells and would have no impact on the water pressure of residents of
Paula Lane. Maximum of 5 houses. County would develop open space "dimension."
Paul North, Petaluma: General Plan maximum density specifications for Paula Lane area.
Dirk Atkinson, Petaluma: Surprised and disappointed that Paula Lane item was brought to
Council with such little notice to the community and time to respond.
Susan Kirks, Petaluma, Paula Lane Action Network: Clarified comments from February 7
regarding open space acquisition possibility. 2005 matching grants budget has no stated
acquisition limit. City could make an in-kind contribution of maintenance which could be
delegated to Paula Lane Action Network - would not cost the City in funds.
Mayor Glass
COUNCIL COMMENT
Council Member Torliatt
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February 28, 2005
Council Member Healy
Council Member Nau
Council Member Canevaro
Council Member O'Brien
Mayor Glass
CITY MANAGER COMMENT
None
6. PUBLIC HEARINGS
Vol. 40, Page 465
A. Public Hearing to Hear Testimony Regarding the Formation of a Landscape and
Lighting Assessment District for the Stratford Place Subdivision and the Counting of
Ballots. (Anchordoguy/Carr)
Ed Anchordoguy, Parks and Landscape Manager, presented the staff report.
Mayor Glass
Claire Cooper, Interim City Clerk
MOTION: Approve Resolution 2005-031 N.C.S. Declaring Results of Balloting, Order
Improvements and Confirming Diagrams and Annual Assessments for the Stratford
Park Subdivision Landscape and Lighting Assessment District.
Moved by Pamela Torliatt, seconded by Mike Healy.
32 Vote: Motion carried 6-0.
33 Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
34 Pamela Torliatt
35 No: None
36 Absent: Mike Harris
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38 B. Consideration of and Possible Action on a Memorandum from the City Manager,
39 in Response to City Council Direction to the City Manager to Negotiate with
40 Chelsea Property Group, Setting Forth a Proposal to Amend the River
41 Oaks/Petaluma Factory Outlet Village Master Plan to Allow the City to Acquire
42 Parcel C and Other Terms and Procedures Pertaining to the Further Consideration
43 of and Possible Action on the Pending Master Plan Amendment for the Proposed
44 Development of Parcel B. (Bierman) - Continued from January 24, 2005 Meeting.
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46 City Manager Bierman presented the staff report.
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48 Mayor Glass
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50 City Manager Bierman
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Vol. 40, Page 466 February 28, 2005
Mayor Glass
City Manager Bierman
Public Comment
Bruce Hagen, Petaluma: Preliminary analysis of how the four Little League fields
being displaced from Kenilworth would fit on Parcel C.
Rick Parmer, Petaluma: Recreation and flood plain management land -use
options for Parcels B and C.
George Nazzal, Petaluma ceded his time to Kevin McDonnell, Petaluma.
Kevin McDonnell, Petaluma: Critical need for playing fields in community.
David Rabbitt, Petaluma, Vice President of Petaluma National Little League: City
should grab any land available for park space.
John Kinsella, Petaluma, Chair, Recreation, Music, and Parks Commission:
Supports the City's purchase of Parcel C.
Troy Sanderson, Petaluma, Petaluma National Little League: Urged Council to do
whatever possible to obtain flat land on the West side of town for playing fields.
Don't lose this opportunity for Parcel C.
Tony Lukas, owner Rocky Mountain Chocolate Factory in Petaluma Factory Outlet
Village: In support of development of Parcel B, and City purchase of Parcel C.
Council Member Torliatt
Marge Hodapp, Petaluma: Council has opportunity to do something proactive
instead of reactive by getting Parcel C for ballfields.
Matti Christensen, Petaluma: Flooding and retail leakage study.
Dave Groves, Petaluma, McNear Park Neighborhood Association: At recent
RMPC meeting, Jim Carr said this may be some of the last flat land available on
West side.
Voorhees Mount, Petaluma, former RMPC Member: Urged Council to acquire
Parcel C for ballfields.
Ellen Bicheler, Petaluma: Possible purchase of Parcel C and impacts on
community.
David Yearsley, Petaluma, Petaluma River Keeper: In support of the City's
purchase of Parcel C.
David Keller, Petaluma: Urged purchase of Parcel C as beginning of Petaluma
River Central Park.
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February 28, 2005
Vol. 40, Page 467
John Cheney, Petaluma: In support of the City's purchase of Parcel C.
Hank Flum, Petaluma: Value of Parcel C related to City's approval of
development on Parcel B.
Council took a five-minute break.
Council Comment
Council Member Canevaro
Council Member Nau
Council Member O'Brien
Council Member Healy
City Manager Bierman
Council Member Healy
Council Member Torliatt
MOTION: Approve the Purchase of Parcel C.
Moved by Pamela Torliatt, seconded by David Glass.
Mayor Glass
Council Member Healy
Council Member Torliatt
Vote: Motion carried 6-0.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
MOTION: Direct the City Manager to prepare an Addendum to the Final
Subsequent EIR, to prepare a Draft Development Agreement, to prepare a
Revised Site Plan and General Development Plan, and to bring those items to the
Planning Commission and thereafter to Council.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 4-2.
Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien
No: David Glass; Pamela Torliatt
Absent: Mike Harris
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Vol. 40, Page 468
February 28, 2005
The meeting was adjourned at 9:13 p.m.
/s/
Claire Cooper, Interim City Clerk
/s/
David Glass, Mayor