HomeMy WebLinkAboutCity Council/PCDC Minutes 02/22/20101
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R L U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Y85a
City Council/PCDC Minutes
Monday, February 1, 2010
Regular Meeting
MONDAY, FEBRUARY 22, 2010
CLOSED SESSION - 6:00 P.M.
CALL TO ORDER - CLOSED SESSION - 6:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
Code §54956.9: BCC Property Holdings, Inc. v. City of Petaluma, Sonoma Superior Court No. SCV
246196.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
Code §54956.9: Regency Centers Corporation v. City of Petaluma, Sonoma Superior Court No. SCV
246634.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
subdivision (c) of California Government Code §54956.9: 1 potential case.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
MONDAY, FEBRUARY 22, 2010
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
Vol. 45 Page 116
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B. Pledge of Allegiance
Matt Maguire, Petaluma
C. Moment of Silence
February 22, 2010
Mayor Torliatt asked that the meeting be adjourned in memory of Peter John Candage,
Petaluma.
AGENDA CHANGES AND DELETIONS - Changes to current agenda only.
None.
PROCLAMATIONS
• In Memory of Peter Forakis, 1927 - 2009
Mayor Torliatt
Debra Lehane, Voight Family Sculpture Foundation, Geyserville
Mayor Torliatt
Alison Marks, Petaluma
Mayor Torliatt
• Children's Oral Health Month - February 2010
Mayor Torliatt
Dr. Andy Ashtioni, Redwood Empire Dental Society
• Petaluma Montessori Education Week - February 21-21, 2010
Mayor Torliatt
Kelly Mannion, Founding Board Member, River Montessori Charter School, Petaluma
PRESENTATION
• Presentation by Nicole Kissam of the Matrix Consulting Group on the Overhead Cost
Allocation Plan, CIP Overhead Rate Study, Calculation of Overhead Hourly Rates and User
Fee Study.
Interim Finance Director Sandra Sato
Nicole Kissam, Matrix Consulting Group, Palo Alto
Mayor Torliatt
City Manager Brown
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Mayor Torliatt
Council Member Healy
City Manager Brown
Council Member Rabbitt
Ms. Kissam
Council Member Rabbitt
Ms. Kissam
Vice Mayor Glass
Mayor Torliatt
REPORT OUT OF CLOSED SESSION - Actions Taken
Mayor Torliatt
None.
PUBLIC COMMENT
Zen Destiny, Petaluma, spoke about the CIA, opium and the Taliban.
Sandy Maurer, EMF Safety Network, Sebastopol, spoke about the alleged health risks of the
PG&E Smart Meters.
Nancy Huber, EMF Safety Network, Sebastopol, spoke about wanting to have a choice whether
or not to allow PG&E to install PG&E Smart Meters.
Andrew Packard, on behalf of Petaluma Tomorrow, Petaluma, spoke about the alleged
violations of Petaluma's campaign finance ordinance by Council Member Rabbitt. He further
stated that Petaluma Tomorrow was pleased that the matter was referred to the Sonoma County
District Attorney's Office.
Matt Maguire, Petaluma, asked Council Member Rabbitt for a clear and honest explanation of
the alleged errors on his campaign finance statements.
Wayne Clark, Petaluma, spoke in favor of California majority rule instead of the two-thirds vote
by the State legislature that we have now. Also, he again spoke against the Dutra Asphalt Plant,
Richard Brawn, Petaluma, said that the study by Matrix could be very useful and the best way to
us it is by function, not by current organization. He would like to see how much it costs to have a
new resident come into this City and the administrative overhead costs of delivering one
dollar of contractual services.
Vol. 45 Page 118
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February 22, 2010
Henry Richmond, said that the entrance onto freeway to 101 south bound is a death trap. He
said that he has no connection whatsoever with Target and Regency, but he "Picked up the
Chamber newspaper and read two articles about the Regency mess and said out loud, 'is this
Russia?"'
Linda Postenrieder, owner of Pelican Gallery, Petaluma, talked about great things the Petaluma
Downtown Association is doing. She showed a copy of "Country Living" Magazine, March issue
that has a 3 -page article about Petaluma. She also stated that there is a fundraiser going on in
order to save the parade. There are buttons on sale around downtown for $5.00 each. The
website is: www.petalumadowntown.com
Mayor Torliatt
Katherine Bobrowski, Petaluma, stated that she was assaulted on February 7 and showed police
reports. She was unable to get help for a restraining order and asked for the City's help.
Diane Reilly Torres, Petaluma, stated that she has been trying to help Katherine Bobrowski for the
past week and a half. She thought it was ridiculous that there was not one person who could
help a low income, senior citizen. On another note, she asked "What is the process now for
development projects?"
Marie McCusker, Petaluma Downtown Association, Petaluma, said that the focus group for the
Petaluma Economic Study will be taking place tomorrow. She requested that business get
involved to have a voice in the process.
COUNCIL COMMENT
Mayor Torliatt
Council Member Renee
Council Member Barrett
CITY MANAGER COMMENT
City Manager Brown
1. APPROVAL OF MINUTES
A. Approval of Minutes of Special City Council/PCDC Meeting of Saturday, January
23, 2010.
Motion: Approve A. Minutes of Special City Council/PCDC Meeting of Saturday,
January 23, 2010, as presented.
Moved by Teresa Barrett, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
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Abstain: None
Absent: None
B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, January
25, 2010.
Council Member Renee asked that the minutes be corrected to indicate that she
was appointed as the Sonoma County Solid Waste Divestiture Project
Representative and Mayor Torliatt was appointed as Alternate Representative.
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of Monday,
January 25, 2010, as corrected.
Moved by Tiffany Renee, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No: None
Abstain: None
Absent: None
C. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, February
1, 2010.
Motion: Approve C. Minutes of Regular City Council/PCDC Meeting of Monday,
February 1, 2010, as presented.
Moved by David Rabbitt, seconded by Tiffany Ren6e.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No: None
Abstain: Mike Harris
Absent: None
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, March 1, 2010.
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, March 1, 2010, as presented.
Moved by Teresa Barrett, seconded by David Rabbift.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Vol. 45 Page 120
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3.
4.
February 22, 2010
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
CONSENT CALENDAR
A. PCDC Resolution 2010-03 Accepting Completion of the Washington Street and
Sixth Street Pavement Rehabilitation Project No. C500207. (Marengo/Zimmer)
B. Adoption (Second Reading) of Ordinance 2365 N.C.S. Repealing and Replacing
Enabling Legislation for the City of Petaluma Tree Advisory Committee.
(Cooper/Danly)
Motion: Approve CONSENT CALENDAR Items 3.A and 3.B.
Moved by David Rabbitt, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
NEW BUSINESS
A. Resolution 2010-022 N.C.S. Directing Staff to Provide Information to the County
Auditor Regarding PCDC's Intentions to Make Potential SERAF Payment. (Gaebler)
Housing Administrator Bonne Gaebler
Mayor Torliatt
Council Member Healy
City Attorney Danly
Council Member Healy
City Attorney Danly
Motion: Approve A. Resolution 2010-022 N.C.S. Directing Staff to Provide
Information to the County Auditor Regarding PCDC's Intentions to Make Potential
SERAF Payment.
Moved by Mike Healy, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
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Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
5. PUBLIC HEARINGS
A. Downtown Petaluma Business Improvement District (DPBID): Public Hearing to
Levy an Annual Assessment for Fiscal Year 2010 for the Downtown Petaluma
Business Improvement District and Resolution 2010-023 N.C.S. Levying the
Assessment. (Sato)
Council Members Healy and Ren6e recused themselves for the item and left the
dais.
Mayor Torliatt opened the PUBLIC HEARING.
Linda Postenrieder, Petaluma, as a downtown business owner, she spoke in
support of the BID. Further, she said, "We have a safer, cleaner and more vibrant
downtown because of it."
Seeing no one else wishing to speak, Mayor Torliatt closed the PUBLIC HEARING.
Motion: Approve A. Resolution 2010-023 N.C.S. Levying the Annual Assessment for
Fiscal Year 2010 for the Downtown Petaluma Business Improvement District.
Moved by David Glass, seconded by Teresa Barrett.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; David Glass; Mike Harris; David Rabbitt;
Pamela Torliatt
No: None
Abstain: Mike Healy; Tiffany Renee
Absent: None
Council Members Healy and Ren6e returned to the dais.
B. Public Hearing and Resolutions to Adopt a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program; to Approve or Deny a Planned Unit
District Unit Development Plan and Development Standards; and to Approve or
Deny a Vesting Tentative Map for a 19 -lot Subdivision to Allow for the
Construction of Single-family Homes for the Sunnyslope II Project Located within
the Sunnyslope Planned Unit District, at 674 Sunnyslope Road, APN 019-203-008,
File # 03 -TSM -0460. (Bradley/Gardiner)
Geoff Bradley, Contract Planning Manager
Kevin Gardiner, Contract Planner
Vice Mayor Glass
Vol. 45 Page 122
Mr. Gardiner
Vice Mayor Glass
Mr. Gardiner
Mr. Bradley
Mayor Torliatt
Mr. Gardiner
Council Member Barrett
Mr. Bradley
Mayor Torliatt
Mr. Bradley
Mayor Torliatt
Council Member Renee
Mr. Gardiner
Council Member Renee
Mr. Gardiner
Council Member Healy
Mayor Torliatt
Council Member Healy
Mr. Bradley
Council Member Healy
Mr. Bradley
Council Member Healy
Mr. Bradley
Vice Mayor Glass
Mr. Bradley
Vice Mayor Glass
February 22, 2010
Mr. Bradley
Mayor Torliatt
Council Member Renee
Mr. Bradley
Council Member Renee
Council Member Barrett
Council Member Rabbitt
Mr. Bradley
Council Member Rabbitt
Steve LaFranchi, Steven I LaFranchi & Associates
Mayor Torliatt
City Attorney Danly
Mr. LaFranchi
Mayor Torliatt
Mr. LaFranchi
Mayor Torliatt
City Attorney Danly
Mr. LaFranchi
Council Member Barrett
Mr. LaFranchi
Council Member Barrett
Mr. LaFranchi
Mayor Torliatt
Mr. LaFranchi
Council Member Healy
Mr. LaFranchi
Vol. 45 Page 124 February 22, 2010
Council Member Healy
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Mayor Torliatt opened the PUBLIC HEARING.
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Jenny Pierre, Petaluma, said that the neighborhood got together and talked
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about the proposed development, and discussed how they could help make this
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project better. They wrote a letter to Mr. LaFranchi and in response to that a
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larger neighborhood meeting was scheduled. She thought that density was a
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primary issue and has been driving opposition on this site. Not all of their issues
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have been answered or addressed.
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Linda Zala, Petaluma, said she was concerned about density. About 3 years ago
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it was going to be 8 houses and now it is up to 19. She was also concerned about
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the fire hazard because of the steep slope.
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Karen Beard, Petaluma, said that she lives across the street from proposed
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project, and that the proposed 19 homes will "completely destroy the semi -
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country feel" of the neighborhood. She asked the Council to please consider the
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people who are already residents.
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Barry McGurk, Petaluma, stated that he has lived in Petaluma for 22 years and
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welcomed at least a dozen developments during that time. He said he was
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ready to welcome the 8 -house project, but not the 19 homes proposed. Further,
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he stated the placement and location of affordable housing is "shameful" as it is
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segregated by two roads.
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Janice Cunningham, Petaluma, said that she was in agreement with what has
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already been said by others. Further, she has lived in the neighborhood for over
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thirty years and knew the development would happen. However, she thought
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the density is just too much.
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Lori Shea, Sunnyslope Neighborhood Association, Petaluma, said she is not
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opposed to the development, but she is concerned about the cutting down of
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any of the trees as there is wildlife living in the trees. She further stated that any
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affordable housing should be integrated into the project and not on the street
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where it stands out.
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Aurora McGurk, Sunnyslope Neighborhood Association, Petaluma, wanted to
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address the density bonus as it seems that this use of it is not the intent of the
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law. She believed it was to be used when there were 80 or more units per acre.
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She also said that the density bonus plan only works when we have a really strong
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economy in order to make it profitable for the developer.
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biggest issues were safety and aesthetics.
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Joel Levine, Petaluma, said that this development, as submitted, would be a
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blight in the neighborhood because of the egregious excessive housing density
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for the terrain and lot size, especially if it has R-2 zoning with accessory dwellings.
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Renee Ryan, Sunnyslope Neighborhood Association, Petaluma, said that her two
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biggest issues were safety and aesthetics.
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Will Soper, Petaluma, said he bought his home five years ago and knew the
property would eventually be developed. Since he has lived there, one flood
washed away the hillside into their backyards, so drainage is a concern. Also, in
the last 24 months, there was a fire in the area and he worried about access to
the property on steeper slopes.
Spence Burton, Petaluma, said that he has four major concerns: fire, parking, that
the low-income portion should be built first and owner occupied, and he thinks
there may be big problems with the 15% to 30% slope.
Larry Jonas, Petaluma, said that he has done four major subdivisions on
Sunnyslope Road. He said this project is an "abomination" and an effort to
squeeze as much density in as possible.
Seeing no one else wishing to speak, Mayor Torliatt closed the PUBLIC HEARING.
Mr. LaFranchi
Mayor Torliatt
Mr. LaFranchi
Vice Mayor Glass
Mr. LaFranchi
Council Member Barrett
Mayor Torliatt
Vice Mayor Glass
City Attorney Danly
Council Member Healy
City Attorney Danly
Council Member Healy
Mayor Torliatt
Council Member Healy
Mayor Torliatt
City Attorney Danly
Council Member Healy
City Attorney Danly
Vol. 45 Page 126
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February 22, 2010
Mayor Torliatt
Council Member Ren6e
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Fire Chief Larry Anderson
Council Member Ren6e
Chief Anderson
Council Member Ren6e
Council Member Barrett
Chief Anderson
Mayor Torliatt
Chief Anderson
Mayor Torliatt
Mr. Bradley
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Motion: To continue meeting past 11:00 p.m., as required by Council's Rules, Policies, and
Procedures.
Moved by Teresa Barrett, seconded by Tiffany Ren6e.
Vote: Motion carried 7-0.
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Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Tina Wallis, Law Offices of Clement, Fitzpatrick & Kenworthy, Santa Rosa, Attorney
for applicant
City Attorney Danly
Ms. Wallis
City Attorney Danly
Ms. Wallis
City Attorney Danly
Mayor Torliatt
Ms. Wallis
Mayor Torliatt
Ms. Wallis
Mayor Torliatt
Ms. Wallis
City Attorney Danly
Ms. Wallis
Mr. LaFranchi
City Attorney Danly
Council Member Barrett
Ms. Wallis
Mayor Torliatt
Council Member Barrett
City Attorney Danly
Mayor Torliatt
Vol. 45 Page 128 February 22, 2010
Vice Mayor Glass
Council Member Rabbitt
Council Member Renee
Council Member Harris
City Attorney Danly
Council Member Harris
Vice Mayor Glass
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
Council Member Healy
Council Member Barrett
Mayor Torliatt
City Attorney Danly
Vice Mayor Glass
City Manager Brown
City Attorney Danly
Mayor Torliatt
Mr. LaFranchi
Motion: Approve direction to staff to meet with applicant and continuation of
item to the April 5, 2010 City Council Meeting, at which time the applicant will
present responses to the comments/requests made by Council.
Moved by Tiffany Renee, seconded by David Glass.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
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Mayor Torliatt
Council Member Barrett
Council Member Harris
Mayor Torliatt
ADJOURN TO CLOSED SESSION
Council adjourned to CLOSED SESSION at 12:02 a.m., February 23, 2010.
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
ADJOURN
CLOSED SESSION was adjourned at 12:40 a.m., Tuesday, February 23, 2010. The meeting was
adjourned in memory of Peter John Candage, Petaluma.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Pamela Torliatt, Mayor