HomeMy WebLinkAboutCity Council Minutes 10/17/20051
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October 17, 2005
Vol. 41, Page 267
ALU
City of Petaluma, California
MEETING OF THE CITY COUNCIL/PETALUMA COMMUNITY
DEVELOPMENT COMMISSION
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
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Vol. 41, Page 268
PUBLIC COMMENT
October 17, 2005
Marvin Livie, Petaluma, spoke about repairs needed on Wilson Street.
Patricia Tuttle Brown, Petaluma, in support of having the Historical and Cultural
Preservation Committee ("Historic SPARC") review demolition permit applications for
buildings 60 years and older.
COUNCIL COMMENT
None.
CITY MANAGER COMMENT
None.
AGENDA CHANGES AND DELETIONS (To current agenda only)
Item 4A was deleted with the consensus of Council.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council Meeting of October 3, 2005.
MOTION: Approve Minutes of Regular City Council Meeting of October 3,
2005.
Moved by Mike Healy, seconded by Karen Nau.
Vote: Motion carried 5-0.
Yes:
David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau
No:
None
Abstain:
Mike O'Brien
Absent:
Pamela Torliatt
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
November 7, 2005.
MOTION: Approve Proposed Agenda for Regular City Council/PCDC
Meeting of November 7, 2005.
Moved by David Glass, seconded by Mike Healy.
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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October 17, 2005
3. CONSENT CALENDAR
Vol. 41, Page 269
A. Resolution 2005-171 N.C.S. Approving Claims and Bills for September
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)
C. Resolution 2005-173 N.C.S. Authorizing the Purchase of One 2005-20063/4
Ton Super Duty/Extended Cab Animal Control Body 4x2 with CA: 54" to 60"
Truck Complete from Henry Curtis Ford, Petaluma, in the Amount of
$39,770.85. (Carmichael)
D. Resolution 2005-177 N.C.S. Awarding Contract for Design of Fox Hollow
Park Site. (Carr)
E. Adoption (Second Reading) of Ordinance 2225 N.C.S. Authorizing the City
Manager to Execute All Documents Relating to Granting of Easement to
Pacific Gas and Electric Company for Relocation of Utility Poles. (Orr/Ban)
F. PCDC Resolution 2005-14 Approving the Application for Grant Funds for
the California River Parkways Grant Program Under the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002 for the
Petaluma River/Trails Enhancement Project C200503. (Marengo/Lackie)
G. Adoption (Second Reading) of Ordinance 2226 N.C.S. Amending
Ordinance 2178 N.C.S. Adopting Planned Unit Development (PUD) to
Allow for Development of 26 Affordable, Single -Family Homes on
Southgate Affordable Housing Site, and Approval of the Revised PUD
Development Standards and Unit Development Plan and for the
Southgate Subdivision Located East of Frates Road Between Lakeville
Highway and Ely Road; APNS 017-150-019 and 017-030-022. (Moore/Allsep)
H. Resolution 2005-174 N.C.S. Approving First Five -Year Extension of
Agreement with Petaluma Community Access (PCA) for Videotaping and
Cablecasting of the Public, Education, and Government Channels.
(Bierman)
Resolution 2005-175 N.C.S. Ratifying Memorandum of Understanding
Executed by the Duly Authorized Representatives of the City and the
Peace Officers' Association of Petaluma for Employees of Unit 6 (Police).
(Carmichael/Robbins)
Resolution 2005-176 N.C.S. Ratifying Memorandum of Understanding
Executed by the Duly Authorized Representatives of the City and the
Public Safety Mid -Management Association for Employees of Unit 10.
(Carmichael/Robbins)
MOTION: Approve Consent Calendars Item 3A, 3B, 3C, 3E, 3F, 3G, 3H, 31,
and 3.1
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Vol. 41, Page 270
October 17, 2005
Moved by Mike O'Brien, seconded by Mike Healy.
Vote: Motion carried 6-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau; Mike O'Brien
No: None
Absent: Pamela Torliatt
Council Member Canevaro recused himself and left the dais.
MOTION: Approve Consent Calendar Item 3D
Moved by David Glass, seconded by Mike Healy.
Vote: Motion carried 5-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien
No:
None
Abstain:
Keith Canevaro
Absent:
Pamela Torliatt
Council Member Canevaro returned to the dais.
4. UNFINISHED BUSINESS
A.R.-solut?-on t
1--Ui--diRg Limits Initiativeons+ituti. RGI RgeR RgeRt (GIGss/TeFIi #)
(CGRfiR ed from np-+ehor Z 2005 meeti.qg�Removed from the agenda
by Council consensus.
5. NEW BUSINESS
A. Discussion and Possible Direction to Authorize the City Manager to Enter
into an Agreement with Resource Performance Partners, Inc. for the
Development of a "Green Building" Program for the City of Petaluma.
(Moore)
Mike Moore, Community Development Director, presented the staff
report.
Council Member O'Brien
Grayson James, Resource Performance Partners
Mayor Glass
Mr. James
Vice Mayor Harris
Mr. James
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October 17, 2005 Vol. 41, Page 271
Council Member Healy
Mr. Moore
MOTION: Approve Direction to Authorize the City Manager to Enter into
an Agreement with Resource Performance Partners, Inc. for the
Development of a "Green Building" Program for the City of Petaluma.
(Moore)
Moved by Mike Healy, seconded by Mike Harris.
Council Member O'Brien
Council Member Canevaro
Mr. James
Mark Richmond, What's Working
Council Member Canevaro
Mayor Glass
Vice Mayor Harris
Mr. Richmond
Council Member O'Brien
Mr. Richmond
Vote: Motion failed 3-3.
Yes: David Glass; Keith Canevaro; Mike Healy
No: Mike Harris; Karen Nau; Mike O'Brien
Absent: Pamela Torliatt
Mayor Glass
Council Member O'Brien
Mayor Glass
Vice Mayor Harris
Direction to City Manager to bring the item back with information
regarding Santa Rosa's program and average costs.
B. Discussion and Possible Direction Regarding Consideration of Demolition
Permits for Buildings 60 Years Old and More to be Heard by the Historical
and Cultural Preservation Committee ("Historic SPARC") Rather Than by the
Site Plan and Architectural Review Committee ("SPARC"). (Harris/Healy)
Vol. 41, Page 272 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 Demill, 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
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October 17, 2005
Vol. 41, Page 273
Direction to the City Manager to draft language for a sprinkler retrofit
program wherein the City would provide water service to the property line
of each participating building at City expense, and the redevelopment
agency would reimburse 10% of the costs of sprinkler retrofits, up to a
maximum to $5,000 per building. Further information about the possibility
of waiving water connection fees will also be provided to Council.
ADJOURN TO CLOSED SESSION
Council adjourned to Closed Session at 4:20 p.m.
PUBLIC COMMENT
None.
CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Pamala Robbins. Employee Organization: AFSCME, Petaluma Police Officers
Association, Public Safety Mid -Management Association.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (Government Code §54956.9(a))
Little vs. City of Petaluma et al. ( United States District Court, Northern District of California Case
# C 04-01254 EMC)
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: (Government Code §54956.9
(b)) Significant Exposure to Litigation (one potential case).
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957: Title:
City Attorney.
OCTOBER 17, 2005
EVENING SESSION
CALL TO ORDER - 7:00 p.m.
A. Roll Call
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien
Absent: Pamela Torliatt
Pledge of Allegiance
Council Member O'Brien
C. Moment of Silence
REPORT OUT OF CLOSED SESSION (Actions Taken)
k,ei=-
PROCLAMATION
Proclaiming October 23-31, 2005 Red Ribbon Week.
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Vol. 41, Page 274
October 17, 2005
Dwayne Sogis, McDowell Drug Task Force
Mayor Glass
PUBLIC COMMENT
Geoff Cartwright, Petaluma, spoke regarding the flooding problem in Petaluma, and the
danger of continuing to build in the floodplain.
Derek Stefan, President, Rotary Club of Petaluma Valley, spoke regarding the Rotary
Walks program, and thanked the City of Petaluma for their participation.
COUNCIL COMMENT
Council Member Nau
Vice Mayor Harris
Council Member Canevaro
Mayor Glass
CITY MANAGER COMMENT
None.
6. UNFINISHED BUSINESS
A. Discussion on Status of the General Plan and Direction on the Schedule for
Adoption of the General Plan 2025. (Tuft)
Pamela Tuft, General Plan Administrator, presented the staff report.
Council Member Healy
Council Member Canevaro
Council Member O'Brien
Mayor Glass
Eric Danly, Meyers Nave, Attorneys at Law
7. NEW BUSINESS
A. Resolution 2005-178 N.C.S. Allowing a Non -Residential Outside Sanitary
Sewer Service for the Dutra Temporary Asphalt Plant at 1600 Petaluma
Boulevard South (APN 019-210-010, 038, 039). (Marengo/Spaulding)
Craig Spaulding, City Engineer, presented the staff report.
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1131
October 17, 2005
Vol. 41, Page 275
MOTION: Approve Resolution 2005-178 N.C.S. Allowing a Non -Residential
Outside Sanitary Sewer Service for the Dutra Temporary Asphalt Plant at
1600 Petaluma Boulevard South (APN 019-210-010, 038, 039).
Moved by Mike Healy, 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
Discussion and Possible Direction Regarding Mobile Home Park
Designations Throughout the City, Potential Zoning Issue, and
Recommended Ordinances for the Necessary Protection. (Harris/Torliatt)
Mike Moore, Community Development Director, presented the staff
report.
Vice Mayor Harris
Director Moore
Vice Mayor Harris
Mayor Glass
Council Member Healy
Director Moore
Council Member Healy
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Public Comment
Jerry Rankin, Petaluma, regarding appropriate zoning for mobile home
parks.
Sam DiGiacomo, Sonoma, regarding needed mobile home park
legislation.
Len Carlson, Rohnert Park, regarding overlay zoning to protect mobile
home parks in perpetuity.
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Vol. 41, Page 276
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 Glass
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.
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October 17, 2005
8. PUBLIC HEARING
Vol. 41, Page 277
A. Discussion and Possible Action Regarding a Recommendation from the
Planning Commission to Adopt a Mitigated Negative Declaration and to
Approve A Request for a Rezoning to Planned Unit District, PUD
Development Standards and Unit Development Plan, A Conditional Use
Permit for an All Residential Project, and a 5 -Lot Vesting Tentative
Subdivision Map for the EI Rose Heights PUD Located at 3 EI Rose Drive,
APN 008-480-040, & 2100 B Street, APN 008-480-015. (File #04-Zoa-0668-Cr).
(Moore/Gordon)
Kim Gordon, Associate Planner, presented the staff report.
Larry Jonas, property owner
Mayor Glass
Ms. Gordon
Council Member Healy
Council Member Canevaro
Council Member O'Brien
Ms. Gordon
Mayor Glass
Council Member Healy
Shawn Montoya, architect
Mayor Glass
Ms. Gordon
MOTION: Approve:
• Resolution 2005-179 N.C.S. Adopting a Mitigated Negative
Declaration for the EI Rose Heights PUD Subdivision.
• Introduction (First Reading) of Ordinance 2227 N.C.S. Authorizing
a Rezoning to PUD and Approving the PUD Unit Development
Plan and Development Standards for the EI Rose Heights PUD
Subdivision.
• Resolution 2005-180 N.C.S. Approving a Conditional Use Permit
for the EI Rose Heights PUD Subdivision.
• Resolution 2005-181 N.C.S. Approving Vesting Tentative
Subdivision Map for the EI Rose Heights PUD Subdivision.
(Amended as follows for Lot 3: accessory dwelling to be permitted;
parking spaces required to be 4)
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Vol. 41, Page 278
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
MAYNT1=1 I
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. 41, Page 279
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. 41, Page 280
U419=
October 17, 2005
The meeting was adjourned at 9:21 p.m.
ATTEST:
/s/
Claire Cooper, CMC, City Clerk
/s/
David Glass, Mayor