Loading...
HomeMy WebLinkAboutCity Council Minutes 04/03/2006April 3, 2006 Vol. 41, Page 411 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 a City of Petaluma, California MEETING OF THE CITY COUNCIL/ �85$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION City Council/PCDC Minutes Monday, April 3, 2006 Regular Meeting APRIL 3, 2006 AFTERNOON SESSION CALL TO ORDER - 3:00 p.m. A. Roll Call Present: Keith Canevaro, Mike Healy, Karen Nau, Mike O'Brien, Pamela Torliatt Absent: David Glass, Mike Harris Pledge of Allegiance Council Member Nau PRESENTATIONS Employee Service Awards for First Quarter 2006. Vice Mayor Canevaro announced the awards. City Manager Bierman announced that Sergeant Tim Lyons of the Police Department was the Employee of the 1 st Quarter 2006. Local and Regional Graffiti Trends and Issues (Georgia Pedgrift, Community Service Officer - Graffiti Removal Unit, Sonoma County Sheriff Department) Police Chief Steve Hood introduced Georgia Pedgrift, Sonoma County Sheriff Department. Georgia Pedgrift Vice Mayor Canevaro Officer Pedgrift Council Member Torliatt Officer Pedgrift Council Member Torliatt Vol. 41, Page 412 April 3, 2006 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 Parks and Recreation Director Jim Carr Council Member Torliatt Council Member Healy Officer Pedgrift Council Member Healy Officer Pedgrift Council Member Healy PUBLIC COMMENT Elizabeth Neylon, 911 Truth Campaign, Graton, spoke regarding "war without end." COUNCIL COMMENT Council Member Torliatt CITY MANAGER COMMENT City Manager Bierman AGENDA CHANGES AND DELETIONS (To current agenda only) None 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDC Meeting of March 20, 2006. MOTION: Approve Minutes of Regular City Council/PCDC Meeting of March 20, 2006, as presented. Vice Mayor Canevaro announced that he would abstain from voting as he was not present at the meeting. Moved by Mike O'Brien, seconded by Karen Nau. Vote: Motion carried 4-0. Yes: Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Abstain: Keith Canevaro Absent: David Glass; Mike Harris April 3, 2006 Vol. 41, Page 413 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 2. 3. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of April 17, 2006. MOTION: Approve Proposed Agenda for Regular City Council/PCDC Meeting of April 17, 2006, as presented. Moved by Mike Healy, seconded by Mike O'Brien. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris CONSENT CALENDAR A. Resolution 2006-048 N.C.S. Accepting Claims and Bills for February 2006. (Carmichael) B. Resolution 2006-049 N.C.S. Authorizing the Purchase of One New 25,500 Pound Gross Vehicle Weight Truck and 5-Yard Dump Body from Victory Commercial Truck Center, Petaluma, in the Amount of $73,698.39. (Carmichael) C. Resolution 2006-050 N.C.S. Authorizing the Police Department to Accept a Traffic Safety Grant From the California Office of Traffic Safety for a Seat Belt Enforcement Mini -Grant in the Amount of $19,036.00. (Hood/Lyons) D. Resolution 2006-051 N.C.S. Authorizing a Contract Amendment Relieving North Bay Construction, Inc., of Certain Specified Liability Concerning the Petaluma Municipal Airport Hangar Construction Project, No. C100103, and Authorizing Early Occupancy by the City and/or Its Tenants of Certain Specified Portions of the Project (Buildings 14, 15, 16, and the North Side of 17 along with Related Site Improvements). (Marengo/Glose) E. Resolution 2006-062 N.C.S. Supporting Measure that Would Ensure Future Revenues Raised by Proposition 42 are Dedicated Solely to State and Local Transportation Projects. (Bierman) - Removed for discussion. Resolution 2006-052 N.C.S. Ratifying Memorandum of Understanding Executed by the Duly Authorized Representatives of the City and the American Federation of State, County, and Municipal Employees (AFSCME), Local 675, for Employees of Unit 1 (Confidential), Unit 2 (Maintenance), and Unit 3 (Clerical/Technical). (Carmichael/Robbins) - Removed for discussion. Vol. 41, Page 414 April 3, 2006 G. Resolution 2006-053 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, and Unit Assignment of Administrative Technician. (Carmichael/Robbins) H. Introduction (First Reading) of Ordinance 2238 N.C.S. Terminating an Access Easement and Accepting Conveyance of a Substitute Access Easement from Parkway Petaluma, LLC, and Authorizing the City Manager to Execute a Certificate of Acceptance for the Substitute Easement. (Carr) Council Member Torliatt asked to remove Consent Calendar Item 3E for discussion. Council Member Nau asked to remove Consent Calendar Item 3F for discussion. MOTION: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3G, and 3H. Moved by Mike O'Brien, seconded by Mike Healy. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris Items Removed for Discussion E. Resolution 2006-062 N.C.S. Supporting Measure that Would Ensure Future Revenues Raised by Proposition 42 are Dedicated Solely to State and Local Transportation Projects. (Bierman) Council Member Torliatt Council Member Healy Council Member O'Brien Acting City Attorney Libby Silver MOTION: Approve Consent Calendar Item 3E. Resolution 2006-062 N.C.S. Supporting Measure that Would Ensure Future Revenues Raised by Proposition 42 are Dedicated Solely to State and Local Transportation Projects. Moved by Mike Healy, seconded by Mike O'Brien. Council Member Torliatt Council Member Torliatt Acting City Attorney Silver April 3, 2006 Vol. 41, Page 415 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 4. Vice Mayor Canevaro Council Member Healy Vice Mayor Canevaro Council Member Torliatt Vice Mayor Canevaro announced that the item would come back at the end of the afternoon session. Resolution 2006-052 N.C.S. Ratifying Memorandum of Understanding Executed by the Duly Authorized Representatives of the City and the American Federation of State, County, and Municipal Employees (AFSCME), Local 675, for Employees of Unit 1 (Confidential), Unit 2 (Maintenance), and Unit 3 (Clerical/Technical). (Carmichael/Robbins) Council Member Nau City Manager Bierman MOTION: Approve Consent Calendar Item 3F. Resolution 2006-052 N.C.S. Ratifying Memorandum of Understanding Executed by the Duly Authorized Representatives of the City and the American Federation of State, County, and Municipal Employees (AFSCME), Local 675, for Employees of Unit 1 (Confidential), Unit 2 (Maintenance), and Unit 3 (Clerical/Technical). Moved by Karen Nau, seconded by Mike O'Brien. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris PUBLIC HEARING A. Resolution 2006-054 N.C.S. Approving the 2006-2007 Action Plan of the Petaluma Consolidated Plan Strategy and Proposed Use of CDBG Funds. (Gaebler) Housing Administrator Bonne Gaebler presented the staff report. Public Hearing Opened There was no one wishing to speak. Public Hearing Closed Vol. 41, Page 416 April 3, 2006 MOTION: Approve A. Resolution 2006-054 N.C.S. Approving the 2006-2007 Action Plan of the Petaluma Consolidated Plan Strategy and Proposed Use of CDBG Funds. Moved by Pamela Torliatt, seconded by Mike Healy. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris 5. UNFINISHED BUSINESS A. Ellis Creek Water Recycling Facility Monthly Verbal Update for Progress Through February 2006 (Ban/Orr) Margaret Orr, Water Resources and Conservation Engineering Manager, presented the update. Council Member Torliatt Ms. Orr Council Member Torliatt Council Member O'Brien Council Member Healy Council Member Nau B. Ellis Creek Water Recycling Facility: (Ban/Orr) (1) Resolution 2006-055 N.C.S. Dedicating a Revenue Source for Repayment of a State Revolving Fund Loan for the Ellis Creek Water Recycling Facility Project. (2) Resolution 2006-056 N.C.S. Establishing a Wastewater Capital Reserve Fund in Accordance with the State Water Resources Control Board's Requirements of the State Revolving Fund Loan Program. (Ban/Orr) Margaret Orr, Water Resources and Conservation Engineering Manager, presented the staff report. MOTION: Approve B. (1) Resolution 2006-055 N.C.S. Dedicating a Revenue Source for Repayment of a State Revolving Fund Loan for the Ellis Creek Water Recycling Facility Project; and (2) Resolution 2006-056 N.C.S. Establishing a Wastewater Capital Reserve Fund in Accordance with the State Water Resources Control Board's Requirements of the State Revolving Fund Loan Program. April 3, 2006 Vol. 41, Page 417 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 Moved by David Glass, seconded by Mike O'Brien. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris C. Resolution 2006-057 N.C.S. Certifying the Water Recycling Facilities and River Access Improvements Project Environmental Impact Report February 2006 Construction Addendum, Approving the Proposed Project Revisions, and Adopting Findings of Fact. (Ban/Orr) Margaret Orr, Water Resources and Conservation Engineering Manager, presented the staff report. Council Member Torliatt Public Comment Victor Chechanover, Petaluma, asked for clarification regarding the route for construction traffic. Ms. Orr Council Member Healy Ms. Orr City Manager Bierman Ms. Orr Council Member Torliatt Ms. Orr Council Member Torliatt Council Member Healy MOTION: Approve C. Resolution 2006-057 N.C.S. Certifying the Water Recycling Facilities and River Access Improvements Project Environmental Impact Report February 2006 Construction Addendum, Approving the Proposed Project Revisions, and Adopting Findings of Fact. Moved by Mike O'Brien, seconded by Mike Healy. Vote: Motion carried 5-0. Vol. 41, Page 418 April 3, 2006 Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris D. Resolution 2006-058 N.C.S. Approval Rate Schedule for New Hangars at Petaluma Municipal Airport. (Marengo/Glose) - Continued from March 6, 2006 Meeting. E. Resolution 2006-059 N.C.S. Approving a Rate Increase for Existing Airport Executive Hangars. (Marengo/Glose) - Continued from March 6, 2006 Meeting. Mike Glose, Airport Manager, presented the staff report. Council Member O'Brien Council Member Nau Mr. Glose Council Member Torliatt Mr. Glose Council Member Torliatt Council Member O'Brien Council Member Torliatt Public Comment Victor Chechanover, Petaluma, asked if rates in general covered the expense of operating the airport. Mr. Glose MOTION: Approve D. Resolution 2006-058 N.C.S. Approval Rate Schedule for New Hangars at Petaluma Municipal Airport; and E. Resolution 2006- 059 N.C.S. Approving a Rate Increase for Existing Airport Executive Hangars. Moved by Pamela Torliatt, seconded by Mike O'Brien. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris April 3, 2006 Vol. 41, Page 419 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 6. NEW BUSINESS 3.E A. Resolution 2006-060 N.C.S. Approving the Agreement Between the City of Petaluma and the Sonoma County CDC for the Administration of the Petaluma Mobile Home Rent Stabilization Ordinance. (Gaebler) B. Resolution 2006-061 N.C.S. Authorizing Program Administration Fees for the Mobile Home Park Space Rent Stabilization Program for 2006. (Gaebler) Housing Administrator Bonne Gaebler presented the staff report. Council Member Healy Ms. Gaebler Public Comment Bill Donahue, Petaluma, spoke regarding the need for additional help and expertise at the County level. Ms. Gaebler Mark Krug, Sonoma County Community Development Commission, spoke regarding the Commission's efforts to build knowledge among staff. MOTION: Approve A. Resolution 2006-060 N.C.S. Approving the Agreement Between the City of Petaluma and the Sonoma County CDC for the Administration of the Petaluma Mobile Home Rent Stabilization Ordinance; and B. Resolution 2006-061 N.C.S. Authorizing Program Administration Fees for the Mobile Home Park Space Rent Stabilization Program for 2006. Moved by Mike Healy, seconded by Karen Nau. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris Council then returned to Consent Calendar Item 3E. Resolution 2006-062 N.C.S. Supporting Measure that Would Ensure Future Revenues Raised by Proposition 42 are Dedicated Solely to State and Local Transportation Projects. (Bierman) Vice Mayor Canevaro Council Member Torliatt announced that she would abstain from voting because she had not yet read the initiative. Vote: Motion carried 4-0. Vol. 41, Page 420 April 3, 2006 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 53 Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien No: None Abstain: Pamela Torliatt Absent: David Glass; Mike Harris ADJOURN TO CLOSED SESSION - 4:51 p.m. PUBLIC COMMENT 0 CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of California Government Code §54956.9 - 1 case. • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9 - 1 case. APRIL 3, 2006 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, Pamela Torliatt Absent: None B. Pledge of Allegiance Council Member Torliatt C. Moment of Silence REPORT OUT OF CLOSED SESSION (Actions Taken) io"s=- PUBLIC COMMENT David Libchitz, Petaluma, regarding the cobble stones and traffic hazards in Petaluma. Derek Stefan, President, Petaluma Valley Rotary Club, regarding Rotary Walks. Teresa Jensen, Redwood Health Care District Health Educator, explained how to use the pedometers given to Council. April 3, 2006 Vol. 41, Page 421 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 Peter Tscherneff, Petaluma, spoke regarding immigration, military, spiritualism, accountability, International Labor Day, vegetarianism, Leonard Peltier, a hiring hall in Petaluma and who should provide it, inner -City farming, Aretha Franklin, and white buffalo. Margi Sturm, Petaluma, a resident of Youngstown Mobile Home Park, regarding flooding and the Corona "ditch." Council Member Torliatt Ron Lyons, Petaluma, regarding a Hillside/Ridgeline Ordinance proposal. Bill Donahue, Petaluma, regarding notification of interested parties Richard Squaglia, Petaluma, believes that some Council (and other committee) members are more interested in the benefit of the developer than the good of the community. David Rabbitt, Petaluma, member, SPARC, said SPARC had been talking about updating their guidelines to address hillsides/ridgelines. Geoff Cartwright, Petaluma, spoke regarding the hazards of building in the floodplain. COUNCIL COMMENT Council Member Nau Council Member Torliatt CITY MANAGER COMMENT None. 7. UNFINISHED BUSINESS A. Continued Discussion and Possible Action on Two Alternative Urgency Interim Ordinances Respectively Proposed by Council Member Healy and Council Member Torliatt Imposing a Moratorium on the Issuance of Entitlements for Specified New Development in the City of Petaluma in the Floodplain Depicted in the 1989 FEMA Flood Insurance Rate Map (FIRM). - Continued from March 20, 2006. City Manager Bierman introduced the item. Public Comment Paul Andronico, Vice President, Basin Street Properties, in support of Council Member Healy's proposed ordinance. Richard Braun, Petaluma, regarding flooding and increasing high tides. Vol. 41, Page 422 April 3, 2006 Bill Donahue, Petaluma, regarding proposed additional home sites at Sandlewood Mobile Home Park and resulting flood issues. Stan Gold, Petaluma, told Council that their only responsibility was to protect the citizens of Petaluma. Ellen Bicheler, Petaluma, in favor of Council Member Torliatt's proposed moratorium ordinance. Bill Phillips, Petaluma, in favor of Council Member Torliatt's proposed moratorium ordinance. Mike Giacomini, Petaluma, has a use permit for his business in the Cattlemen's parking lot, is not making in exterior changes, and feels this type of project should be clearly exempted from a moratorium ordinance. Mayor Glass Council Member Torliatt Mr. Giacomini Marian Theil, Petaluma, in favor of a moratorium on building in the floodplain until a solution is found. David Libchitz, Petaluma, regarding the inevitability of flooding, and in favor of a moratorium on building in the floodplain. He prefers Council Member Torliatt's proposal. John Cheney, Petaluma, suggesting projects should be subjected to a new hydrology study, since new data is now available. Bryant Moynihan, Petaluma, regarding letter he sent to Council regarding his opposition to a moratorium on building in the floodplain. Steve LaFranchi, Petaluma, asked for clarification regarding the proposed moratorium ordinances. Jess Couch, Petaluma, regarding language in the proposed ordinances about parcels which are partially located in the floodplain. Mark Johnson, JCJ, regarding his concerns about the effects of Council Member Torliatt's proposed moratorium ordinance on Petaluma and his belief that if such a moratorium is put in place, the Rainier cross-town connector will never be built. Council Member Torliatt Mayor Glass Acting City Attorney Silver April 3, 2006 Vol. 41, Page 423 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 Richard Squaglia, Petaluma, regarding liability potential for the City if development in the floodplain is allowed to continue. Mayor Glass Acting City Attorney Silver Council Member Healy Director of Community Development Mike Moore Council Member Healy Director Moore Council Member Healy Director Moore Mayor Glass Council Member Healy Director Moore Council Member Torliatt MOTION: Approve Introduction and Adoption of Urgency Ordinance 2239 N.C.S. Imposing a Moratorium on the Issuance of Building Permits for New Development in the City of Petaluma in the 100-Year Floodplain Depicted in the 1989 FEMA Flood Insurance Rate Map (FIRM) and Upstream of the Constriction Weir of the Army Corps of Engineers Flood Control Project in the City of Petaluma as proposed by Council Member Torliatt. Moved by Pamela Torliatt, seconded by David Glass. Mayor Glass Council Member Healy Mayor Glass Director Moore Council Member Healy Vote: Motion failed 2-5. Yes: David Glass; Pamela Torliatt No: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien Vol. 41, Page 424 April 3, 2006 Council Member Healy MOTION: Approve Introduction and Adoption of Urgency Ordinance 2239 N.C.S. Imposing a Moratorium on the Issuance of Building Permits for New Development in the City of Petaluma in the 100-Year Floodplain Depicted in the 1989 FEMA Flood Insurance Rate Map (FIRM) and Upstream of the Constriction Weir of the Army Corps of Engineers Flood Control Project in the City of Petaluma as proposed by Council Member Healy with the following changes: On page 3, Item A. Scope - "No application for the issuance of permits for the construction of a building er °tom located on e ^armor any part of a parcel in the City of Petaluma"; and on page 4, Item D.1 Exceptions: "Tenant improvements and/or any other construction, repair or maintenance work on a building er °tire existing as of the effective date of this ordinance; provided that, such work does not result in any increase in the square footage of the existing footprint of the stn Gti ire 9F in e !-different er mere intensive use of the stFuGturo building." Moved by Mike Healy, seconded by Karen Nau. Vice Mayor Canevaro Council Member O'Brien Council Member Harris Council Member Torliatt Council Member Healy Vote: Motion carried 6-1. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Pamela Torliatt No: Mike O'Brien 8. NEW BUSINESS A. Discussion and Possible Direction Regarding Processing of Riverfront Development Application: (1) Processing of the Riverfront application by the City of Petaluma to proceed on parallel track while Petition for Clarification or similar process pursued with California Public Utilities Commission regarding details of authorization for Caulfield Lane at -grade crossing; final project approval to be conditioned on CPUC authorization acceptable to City Council. (2) The Riverfront project (including any clarifications/ interpretations/ modifications to the Smart Code or Zoning Code proposed by the applicant) to be agendized for SPARC and Planning Commission Meetings (or a joint meeting) in April 2006 for recommendation to the April 3, 2006 Vol. 41, Page 425 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 Council; and agendized for a Council Meeting no later than June 2006 for final review and decision on the project. Acting City Attorney Libby Silver provided introductory comments regarding the item, and cautioned Council against discussing the merits of the project. Acting City Attorney Silver Council Member Healy Acting City Attorney Silver Council Member Healy Mayor Glass Council Member Torliatt Mayor Glass Vice Mayor Canevaro City Manager Bierman Mayor Glass Acting City Attorney Silver Mayor Glass Council Member Healy Acting City Attorney Silver Council Member O'Brien Acting City Attorney Silver Council Member Torliatt Acting City Attorney Silver Council Member Torliatt Mayor Glass Council Member Torliatt Council Member Healy Vol. 41, Page 426 April 3, 2006 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 Public Comment Paul Andronico, Senior Vice President, Basin Street Properties, regarding his frustration with the process. Elizabeth Strahistrom, Attorney, Steefel, Levitt & Weiss, San Francisco, asked that the application should be deemed complete. Council Member Torliatt Ms. Strahistrom Council Member Healy Acting City Attorney Silver Council Member Healy Acting City Attorney Silver Director of Community Development Mike Moore Council Member Healy Director Moore Council Member Healy Director Moore Council Member Torliatt Vice Mayor Canevaro City Manager Bierman Vice Mayor Canevaro Council Member Healy Matt White, Basin Street Properties, feels the City Attorney and Community Development Director do not understand the law and he is frustrated in his attempts to work with staff. City Manager Bierman Council Member Healy City Manager Bierman April 3, 2006 Vol. 41, Page 427 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 Acting City Attorney Silver Council Member Healy Mayor Glass Acting City Attorney Silver City Manager Bierman Council Member O'Brien Director Moore Council Member O'Brien Director Moore Acting City Attorney Silver Council Member O'Brien Director Moore Vice Mayor Canevaro City Manager Bierman David Schonbrunn, Transdef, Mill Valley, spoke regarding the issue of financial responsibility for the grade separation and stated that the PUC ruling was final in this matter. He said that to obtain an unconditioned crossing approval, a focused EIR on the safety impacts on SMART of this crossing was needed, and the threshold for the need for a grade separation must be determined. Geoff Cartwright, Petaluma, stated that Council was outside its rights according to the Brown Act when they cut off the public comment at a certain point during the last item. Council Member Harris Council direction to the City Manager to meet with applicants/staff to attempt to resolve outstanding issues. Direction to staff to return to Council at next meeting with a resolution to adopt a dispute resolution policy. Discussion and Direction or Action to Revise Resolution 2005-198 N.C.S. Regarding the Procedures Required for Demolition of Structures Built in 1945 or Earlier. (Bierman/Moore) Community Development Director Mike Moore Council Member Healy Vol. 41, Page 428 April 3, 2006 Director Moore Council Member Healy Director Moore David Glass Public Comment R. "Skip" Sommer, Petaluma Preservation Group, clarified that the applicant's permit was for restoration and renovation, but was being defined as demolition MOTION: Approve Resolution 2006-063 N.C.S. to revise Resolution 2005-198 N.C.S. to exempt projects that were in process to obtain a demolition permit at the time Resolution 2005-198 N.C.S. was adopted (November 21, 2005) from the requirement for review and approval by the Historic and Cultural Preservation Committee. Moved by Mike Healy, seconded by David Glass. Vote: Motion carried 7-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None ADJOURN The meeting was adjourned at 10:23 p.m. /S/ Keith Canevaro, Vice Mayor David Glass, Mayor ATTEST: /S/ Claire Cooper, CMC, City Clerk /S/