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HomeMy WebLinkAboutCity Council Minutes 10/15/20071 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 October 15, 2007 Vol. 43, Page 149 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION City Council/PCDC Minutes Monday, October 15, 2007 Regular Meeting OCTOBER 15, 2007 AFTERNOON SESSION CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M. A. Roll Call Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau, Mike O'Brien, David Rabbitt Absent: Pamela Torliatt B. Pledge of Allegiance Peter Welker, Petaluma C. Moment of Silence PROCLAMATIONS • Honoring Former Airport Manager Bill Graham. Vice Mayor Nau Mike Graham (son of Bill Graham) Council Member Harris left the dais. • Proclaiming October 24, 2007 as United Nations Day. Vice Mayor Nau Jim Wilkinson, United Nations Association of Sonoma County Council Member Harris returned to the dais. • Proclaiming October 23-31, 2007 as Red Ribbon Week. Vice Mayor Nau Dick Sharke, Petaluma, McDowell Drug Task Force Vol. 43, Page 150 October 15, 2007 PUBLIC COMMENT Bill Donahue, Petaluma, spoke regarding the mobile home ordinance, which he said is "currently under fire." He asked Council to continue to defend the ordinance and the residents of the City's mobile home parks. In November, Council will discuss block grants, among them grants dealing with affordable housing. He asked if perhaps some of that money could be set aside to cover cost of litigation regarding the mobile home ordinance. Susan Kirks, Petaluma, Paula Lane Action Network (PLAN), spoke about an informational meeting regarding the Paula Lane Open Space Project, to be held on Saturday, October 20, 2007, at the corner of Paula Lane and Sunset Drive. For those unable to attend or wanting more information, she provided the group's web site address - www.paulalaneactionnetwork.org and phone number - 707-773-3215. Phil Boyle, Petaluma, Associate Planner, Community Development Department, and Member of the City's Green Team, spoke about the success of the City's Going Green Expo, held October 13th, thanked everyone for participating and thanked the volunteers and sponsors. Council Member Barrett Mr. Boyle Tiffany Renee, Petaluma, spoke regarding the request by Council Members to review the Silk Mill Project and said it was problematic and should remain "untainted." She asked Council to finish the General Plan process before agendizing the Silk Mill item. Carol Bevan, Petaluma, "Soccer Mom," thanked the Council for allowing the soccer tournament to be here a couple of weeks ago. She feels Petaluma has the potential to make a lot of money by hosting soccer events. She added that the soccer fields are in disrepair and she asked Council to help get them into shape. COUNCIL COMMENT Council Member Harris City Manager Bierman Council Member O'Brien asked that the meeting be adjourned in memory of James Mott, the only Petaluma Firefighter killed in the line of duty, who died 95 years ago this month. Council Member Rabbitt Council Member Barrett Council Member Freitas Vice Mayor Nau 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 October 15, 2007 CITY MANAGER COMMENT City Manager Bierman AGENDA CHANGES AND DELETIONS (Changes to Current Agenda Only) Vol. 43, Page 151 • Request by Council Members Freitas, Harris, and Nau to add to this agenda: Discussion and Possible Action to Direct Staff to Allow Formal SPARC Review of the Old Silk Mill Project Prior to Adoption of the 2025 General Plan. Council Member Harris City Attorney Danly Motion: Approve addition to this agenda as Item 4A New Business: Discussion and Possible Action to Direct Staff to Allow Formal SPARC Review of the Old Silk Mill Project Prior to Adoption of the 2025 General Plan. Moved by Mike Harris, seconded by Samantha Freitas. Vote: Motion carried 5-1. Yes: Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: Teresa Barrett Abstain: None Absent: Pamela Torliatt APPROVAL OF MINUTES A. Approval of Minutes of Special City Council/PCDC Meeting of Tuesday, September 25, 2007. Motion: Approve A. Minutes of Special City Council/PCDC Meeting of Tuesday, September 25, 2007, as presented. Moved by Samantha Freitas, seconded by Mike Harris. Vote: Motion carried 5-0. Yes: Samantha Freitas; Mike Harris; Karen Nau; David Rabbitt; Teresa Barrett No: None Abstain: Mike O'Brien Absent: Pamela Torliatt B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, October 1, 2007. Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of Monday, October 1, 2007, as presented. Vol. 43, Page 152 October 15, 2007 Moved by Mike O'Brien, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt C. Approval of Minutes of Special City Councill/PCDC Meeting of Saturday, October 6, 2007. Motion: Approve C. Minutes of Special City Council/PCDC Meeting of Saturday, October 6, 2007, as presented. Moved by Mike O'Brien, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt 2. APPROVAL OF PROPOSED AGENDAS A. Approval of Proposed Agenda for Special City Council/PCDC Meeting of Saturday, October 27, 2007. Motion: Approve A. Proposed Agenda for Special City Council/PCDC Meeting of Saturday, October 27, 2007, as presented. Moved by Mike O'Brien, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt B. Approval of Proposed Agenda for Special Joint City Council/Planning Commission/Site Plan and Architectural Review Committee/Historical and Cultural Preservation Committee Workshop Meeting of Monday, October 29, 2007. Motion: Approve B. Proposed Agenda for Special Joint City Council/Planning Commission/Site Plan and Architectural Review 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 3. October 15, 2007 Vol. 43, Page 153 Committee/Historical and Cultural Preservation Committee Workshop Meeting of Monday, October 29, 2007, as presented. Moved by David Rabbitt, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt C. Approval of REVISED Proposed Agenda for Regular City Council/PCDC Meeting of Monday, November 5, 2007. - REVISIONS MADE IN REVISED AGENDA NO. 1. Council Member Harris Public Works Director Marengo Motion: Approve C. REVISED Proposed Agenda for Regular City Council/PCDC Meeting of Monday, November 5, 2007, with the Presentation on the East Washington Interchange and Narrows Project Soundwall Installation moved to the 7:00 p.m. session. Moved by Mike Harris, seconded by David Rabbitt Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt CONSENT CALENDAR A. Introduction and Adoption of Urgency Ordinances Amending Ordinances Nos. 2246-2247 and 2261-2265 N.C.S., To Change Certain Appropriations for the Operation of the City of Petaluma from July 1, 2006 through June 30, 2007 and Declaring the Urgency Thereof, To Take Effect Immediately; PCDC Resolution Approving Adjustments to the Petaluma Community Development Commission Fiscal Year 2006-2007 Budget. (Carmichael) - PCDC RESOLUTION ADDED IN REVISION NO. 1. - Removed for discussion. B. Resolution 2007-175 N.C.S. Amending the Classification and Compensation Plan by Establishing the Revised Classification of Fire Captain. (Carmichael/Robbins) C. Resolution 2007-177 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, Vol. 43, Page 154 October 15, 2007 and Unit Assignment of Project Manager - Green Building. (Carmichael/Robbins) - Removed for discussion. D. Resolution 2007-178 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, and Unit Assignment of Finance and Accounting Manager and Abolishing the Classification of Accounting Manager. (Carmichael/Robbins) - Removed for discussion. Resolution 2007-179 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, and Unit Assignment of Information Technology Manager and Abolishing the Classification of Information Systems Manager. (Carmichael/Robbins) - Removed for discussion. Resolution 2007-180 N.C.S. Authorizing the Execution of a Purchase Order with IRONMAN Parts and Service Emission Group, 2535 Anselmo Drive, Corona, CA 92879, for the Installation of Nine Cleaire Horizon -M Diesel Particulate Reduction Devices, Installation Parts, and Project/File Management for Certification with CARB. (Marengo/Hornick) - Removed for discussion. G. Resolution 2007-181 N.C.S. Authorizing the City Manager to Execute the Transfer Documents (Deeds) Transferring the Right -of -Way for the Lakeville Highway/Route 116 Widening Project to the State of California. (Marengo/Evert) - Removed for discussion. H. Adoption (Second Reading) of Ordinance 2285 N.C.S. Amending Title 10 of the Petaluma Municipal Code by Adding Chapter 10.68 entitled "Alcohol -Related Nuisance Ordinance." (Hood/Edwards) Resolution 2007-176 N.C.S. Authorizing the Police Department to Accept a Traffic Safety Grant from the California Office of Traffic Safety for a DUI Enforcement and Awareness Program in the Amount of $302,908.00. (Hood/Lyons) Council Member Harris asked to pull Consent Calendar Items 3A and 3G for discussion. Council Member O'Brien asked to pull Consent Calendar Items 3A, 3C, 3D, 3E, and 3F for discussion. Motion: Approve Consent Calendar Items 3B, 3H, and 31. Moved by Mike O'Brien, seconded by Samantha Freitas. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: 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 October 15, 2007 Absent: Pamela Torliatt Administrative Services Director Steven Carmichael Council Member Harris City Manager Bierman Council Member Freitas Director Carmichael Council Member Freitas City Manager Bierman Council Member O'Brien Director Carmichael Council Member O'Brien Director Carmichael Council Member O'Brien Director Carmichael Vol. 43, Page 155 Motion: Approve A. Introduction and Adoption of Urgency Ordinances Amending Ordinances Nos. 2246-2247 and 2261-2265 N.C.S., To Change Certain Appropriations for the Operation of the City of Petaluma from July 1, 2006 through June 30, 2007 and Declaring the Urgency Thereof, To Take Effect Immediately; PCDC Resolution Approving Adjustments to the Petaluma Community Development Commission Fiscal Year 2006-2007 Budget. Moved by Teresa Barrett, seconded by Samantha Freitas. Vote: Motion failed 5-1 (see City Attorney's explanation below) Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; David Rabbitt No: Mike O'Brien Abstain: None Absent: Pamela Torliatt Council Member O'Brien City Attorney Danly explained that urgency ordinances require a unanimous vote of the Council Members present to pass; therefore, the ordinances had failed but PCDC Resolution 2007-16 Approving Adjustments to the Petaluma Community Development Commission Fiscal Year 2006-2007 Budget had passed. The Vol. 43, Page 156 October 15, 2007 ordinances were then reintroduced as non -urgency ordinances requiring a second reading: Motion: Approve A. Introduction (First Reading) of Ordinance 2286 N.C.S. (General Fund); Ordinance 2287 N.C.S. (Landscape Assessment Districts); Ordinance 2288 N.C.S. (Transient Occupancy Tax Funds); Ordinance 2289 N.C.S. (Other Funds); and Ordinance 2290 N.C.S. (Donation Funds) Amending Ordinances Nos. 2246-2247 and 2261-2265 N.C.S., To Change Certain Appropriations for the Operation of the City of Petaluma from July 1, 2006 through June 30, 2007. Moved by Teresa Barrett, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt Council Member O'Brien Director Carmichael Public Works Director Marengo Council Member O'Brien Director Marengo Director Carmichael Council Member O'Brien City Manager Bierman Council Member O'Brien City Manager Bierman Motion: Approve C. Resolution 2007-177 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, and Unit Assignment of Project Manager - Green Building. Moved by Teresa Barrett, seconded by David Rabbitt. Vote: Motion carried 5-1. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; David Rabbitt No: Mike O'Brien 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 October 15, 2007 Abstain: None Absent: Pamela Torliatt Council Member O'Brien Director Carmichael Council Member O'Brien Director Carmichael Council Member O'Brien Human Resources Manager Pamala Robbins Director Carmichael Vol. 43, Page 157 Motion: Approve D. Resolution 2007-178 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, and Unit Assignment of Finance and Accounting Manager and Abolishing the Classification of Accounting Manager; and Resolution 2007-179 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range, and Unit Assignment of Information Technology Manager and Abolishing the Classification of Information Systems Manager. Moved by Teresa Barrett, seconded by Samantha Freitas. Vote: Motion carried 5-1. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; David Rabbitt No: Mike O'Brien Abstain: None Absent: Pamela Torliatt Council Member O'Brien Alan Kirby, Public Works Supervisor, Maintenance and Operations Council Member O'Brien Mr. Kirby Council Member O'Brien Mr. Kirby Motion: Approve F. Resolution 2007-180 N.C.S. Authorizing the Execution of a Purchase Order with IRONMAN Parts and Service Emission Group, 2535 Anselmo Drive, Corona, CA 92879, for the Installation of Nine Cleaire Horizon -M Diesel Particulate Reduction Devices, Installation Parts, and Project/File Management for Certification with CARB. 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. 43, Page 158 October 15, 2007 Moved by Mike O'Brien, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt Council Member Harris Mike Evert, Capital Improvements Program Manager, Public Works Department Motion: Approve G. Resolution 2007-181 N.C.S. Authorizing the City Manager to Execute the Transfer Documents (Deeds) Transferring the Right -of -Way for the Lakeville Highway/Route 116 Widening Project to the State of California. (Marengo/Evert) Moved by Samantha Freitas, seconded by David Rabbitt. Vote: Motion carried 6-0. Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: None Abstain: None Absent: Pamela Torliatt Council Member Rabbitt Vice Mayor Nau 4. NEW BUSINESS A. Discussion and Possible Action to Allow Formal SPARC Review of the Old Silk Mill Project Prior to Adoption of the 2025 General Plan. City Manager Bierman Water Resources and Conservation Director Ban Council Member Rabbitt City Attorney Danly Assistant City Attorney Thomsen City Attorney Danly 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 October 15, 2007 Public Comment Vol. 43, Page 159 Lucy Kortum, Petaluma, told Council she was concerned about the "fairness issue" of this request when other applicants are facing delay of their projects. She was also worried about changes to the original request that were now being made. She would like to see this project succeed, but not without eliminating some of the concerns raised. John McGinnis, Petaluma, said he is an investor in this project, and pointed out that this development is not proposed by "some deep pocket out-of-town developer"; that the investors are citizens of Petaluma. He said he does not know why Council would be opposed to the project. The investors have expenses to meet and are already a year behind. Mike Healy, Petaluma, attorney for the developer, said the community is very excited about this project but it has been waiting for more than two years for formal SPARC action, and if it does not move forward soon, the project may "go away." He clarified that there are two CEQA issues and an encroachment issue. The applicants want to get to a formal SPARC hearing. They understand that even that would leave them having to wait for General Plan completion or having to request a General Plan amendment. He explained that the developer is willing to pay the water hookup fees on the 8 units of new construction. He did not believe that the program was meant to include collecting hookup fees for remodeling projects. Council Member Barrett Mr. Healy Council Member Barrett Council Member Rabbitt Mr. Healy Council Member Rabbitt Mr. Healy Council Member Rabbitt Mr. Healy Council Member Rabbitt Mr. Healy Ross Jones, new resident of Petaluma, architect, said he has no financial interest in this project; read sections from the 2003 International Building Code that he feels provide a precedent to grant the applicant's request to proceed to formal SPARC review and to be considered before other Vol. 43, Page 160 October 15, 2007 projects that are also waiting, because of the building's historical significance. Janice Cader-Thompson, Petaluma, noted that there were many other applicants who have been told they must wait for the General Plan process to be completed before their projects may move forward. She said that if the Council allowed this project to move forward now, they would ensure that others applicants would file suit against the City. City Manager Bierman Gina Pittler, Petaluma, spoke regarding City Manager Bierman's statement that he expects the General Plan to be formally adopted in April 2008. She supports this project and does not think processing projects here should be so "overwhelming." Currently, applications are not even being looked at by City staff, but will start being reviewed, in order received, after the General Plan is adopted. She asked why the projects couldn't be reviewed now, except for final approval. She said that this "waiting game is costly to everyone." Council Member O'Brien Community Development Director Moore Council Member O'Brien Vice Mayor Nau City Attorney Danly Vice Mayor Nau City Attorney Danly City Manager Bierman Council Member Rabbitt City Attorney Danly Council Member Rabbitt Council Member O'Brien City Attorney Danly Council Member O'Brien City Attorney Danly Assistant City Attorney Thomsen 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 October 15, 2007 Council Member O'Brien Assistant City Attorney Thomsen City Attorney Danly Council Member Barrett Council Member Rabbitt City Attorney Danly Council Member Harris Council Member Freitas Council Member Harris Council Member Freitas City Manager Bierman Council Member Barrett Council Member Rabbitt City Manager Bierman Council Member Harris City Manager Bierman City Attorney Danly Council Member Rabbitt Vice Mayor Nau Vol. 43, Page 161 Robert Mitchell, Managing General Partner on project, said they have worked extensively with the City asking them what would they would like the developers to do to preserve this building. They have waited two years for the General Plan. They were assured it would be done by November or December. Now they are hearing "April 2008," and the General Plan process "just never ends." He told Council that "when you drag things out because of indecision, you hurt the community as a whole." He asked Council to allow the project to move forward to a formal SPARC hearing. Vice Mayor Nau City Attorney Danly 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 Vol. 43, Page 162 October 15, 2007 City Manager Bierman Council Member Rabbitt City Attorney Danly Council Member Harris City Manager Bierman Council Member Rabbitt City Attorney Danly Council Member Rabbitt City Attorney Danly Council Member Rabbitt Council Member Freitas Motion: Direct staff to work on the encroachment permit for this project; to provide a staff report analysis with all related materials as if it were a final, formal SPARC hearing; and to agenclize the item when appropriate. The proposed change of the land -use designation to high-density residential was reaffirmed by Council. Moved by David Rabbitt, seconded by Samantha Freitas. City Attorney Danly Council Member Rabbitt Vote: Motion carried 5-1. Yes: Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt No: Teresa Barrett Abstain: None Absent: Pamela Torliatt PUBLIC COMMENT ON CLOSED SESSION ITEM(Sl None. ADJOURN TO CLOSED SESSION - 6:10 p.m. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) California Government Code §54956.9: Carol Kelly v. City of Petaluma, Sonoma County Superior Court Action No. SCV-240625. - ADDED IN REVISION NO. 2. 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 54 October 15, 2007 Vol. 43, Page 163 REPORT OUT OF CLOSED SESSION - ACTIONS TAKEN None. ADJOURN Closed Session was adjourned at 6:15 p.m. At the request of Council Member O'Brien, the meeting was adjourned in memory of James Mott. There was no evening session. ATTEST: /S/ Claire Cooper, CMC, City Clerk /S/ Karen Nau, Vice Mayor