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HomeMy WebLinkAboutStaff Report 1.C 02/23/2004February 23, 2004 ' City of etalu a, C if ®n id I85s MEETING OF PETALUMA CITY COUNCIL Draft City Council Minutes Monday, February 2, 2004 - 100 P.M. Regular Meeting 1 CALL TO ORDER 2 3 A. Roll Call . 5 Present: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Torliatt 6 Absent: C_anevaro 7 8 B. Pledge of Allegiance :'Harris 9 10 PUBLIC COMMENT 11 12 Jim Ricci, Petaluma, Old East, Neighborhood Association, spoke regarding the past five 13 years of promises .of'the City toTepair sidewalks in the - neighborhood, particularly Payran, 14 Vallejo, Edith, Wilson. and Jefferson Streets,,Which are in. the redevelopment district. 15 Sidewalks have been marked twice for "replacement and. each time have been • 16 removed from thel budget. New bights, trees, and sidewalks were promised over 5 years 17 ago. The redevelopment funds are there and should be the number one project. Their 18 November 2001 newsletter mentioned sidewalk improvements would be moving forward 19 next spring (of 2002). Also mentioned the sidewalk�across from the Opportunity Center 20 on from East D Street to. approximately 1.50 feet north on Payran Street. People who visit 21 the Center park their cars on the sidewalk, forcing pedestrians to walk in the street.. 22 Believes solution is to replace the:swale gutter with a. standard curb to discourage 23 people from parking on the sidewalk. 24 25 COUNCIL COMMENTS 26 _ 27 Council Member Torliatt ;has exchanged several emails with Mr. Ricci and told him the 28 City would be looking, at the midterm budget review, the redevelopment' budget 29 coming up. soon. The sidewalks were part of a prom.. ise that the City made when the 30 Opportunity' Center was relocated to its,existing location. She hoped to see it back in the . 31 budget. She thought it was a $75;000 allocation at the time, and would like to see -this 32 move forward in the Redevelopment Agency when the budget comes back in the next 33 fiscal year. 34 35 She attended' the Water Advisory Committee (WAC) meeting this morning. The 36 committee discussed what should be left in the O &M fund for the Water Agency, and 37 the possibility of increasing from a three month to a four -month reserve for the Water 38 Agency budget. They also .discussed the 2004 -2005 water transmission system budget, 39 and Will be bringing that back at the next WAC meeting for a final approval. Council will 40 probably need dgendize that for action between now and the next meeting in March. • 41 The committee discussed the Santa Rosa wastewater disposal options; specifically, the 42 option to discharge in° the Russian River upstream of the Water Agency collectors that 1 provide our drinking water. Many of the contractors expressed concern about that 2 option, especially if it resulted in the water quality being degraded a level that 3 required a service water treatment facility. 4 5 Santa Rosa. talked about their proposed allocation methodology for water supply 6 shortage. The will be. meeting with all the contractors to discuss concerns with their initial 7 proposal, which calls for the Petaluma to pump well water during a shortage;, 8 while Santa Rosa would not. She thought the City of Petaluma and the other contractors 9 had'significant issues with that proposal. 10 1 1 Vice Mayor Moynihan wanted to acknowledge that the Finance Department has 12 undergone some significant changes in the last year and has successfully brought the 1.3 CAFR in- house, which is a cost savings. They have converted, for the most part, to the 14 new Pentamation financial software system. Any conversion to a. new system is a major' 15 undertaking. On top_ of that, there are some new government regulations that had to be 16 implemented. 17 18 He received a letter from George Schaeffer regarding Cify.streets. The City responded 19 rapidly to Mr. Schaeffer's concerns, thanks to Director of.Public Facilities and Services 20 Rick.Skladzien. He reminded Council and staff that, "we are being watched," If :the City 21 can provide more 'funding to maintain them properly, it should definitely need do so. 22 23 CITY MANAGER COMMENTS 24 25 City Manager Bierman announced that City Clerk Gayle Petersen was, injured in a fall 27 therece d ved e on the dai s ,reatment. He called Council's attention to. information tod y including a revised ordinance for item 4B 28. ("Waterways"), which revises old titles; and additional information on the Aquatics 29 Program.and Boulevard Apartments items on tonight`s agenda. 30 31 Regarding Mr.'Ricci'.s comments about the Payran sidewalks, 'he noted that in last June's 32 budget discussions. Council, agreed to make the adjustments for the sidewalks at mid - 33 year. They will be programmed to be paid for and done this fiscal year. We said we'd do 34 it and we'll do it. That doesn't include the thing, fhat's, a new one, so we`ll have to 35 think about that. 36 37 Mayor Glass noted this is a very challenging time fiscally for the City of Petaluma, and for 38 every municipality, and for every special agency, and every county in the .State of' 39 California. It will be more challenging if the bond issue, which will be presented to the 40 voters on March 2, should fail. The whole situation for California iis literally ".up in the air" 41 and it will be up to the voters. 42 43 AGENDA CHANGES AND DELETIONS (Changes to current agenda only). 44 45 Vice. Mayor Moynihan requested. that Council, take no action on the appropriations item 46 until after the budget hearings and the reviews. 47 48 City Manager Bierman clarified that today's item followed direction he received from 49 Council. lit was the introduction of an ordinance. It would come back to Council ,on 50 February 23rd, leaving the interval between the meetings for review. It does follow the 51 direction received from the City Council to bring the deficit from $1.9 down to $1.21 by • 52 using two sources of funds. It also moves some money from gas tax to street rehabilitation February;2, 2004 Vol. XX, Page 3 1 for street maintenance, and makes changes in the CIP program that will allow the City to 2 spend more money this year in capital improvements, including about $500,000 more in 3 water main work, and moving a project'up from 2006.to this fiscal year. These are fairly 4 simple changes. There will be more changes fo the budget, especially if the March bond 5 issue fails. 6 7 Vice Mayor Moynihan thought Council needed to have amore thorough discussion 8 before making a decision. When;an ordinance such as this is introduced, it needs to state 9 what the changes and appropriations are. across all, departments. He reminded Council 10 that he was looking fora 5% reduction in compensation expenditures this mid -year 11 budget. 12 13 Council! Member Torliatt asked to have the discussion deferred until the item was 14 reached, on the agenda. 15 16 Mayor Glass summarized that Council Member Moynihan was asking that the item be 17 removed from the agenda. As there did not appear to be support for that from the other 18 Council Members, if would remain on the agenda and would be discussed at the 19 appropriate time. 20 21 PRESENTATIONS/PROCLAMATIONS 22 23 Declaring February ]4,20b4 as "Mrs. Grossman's Day "' Mayor announced; no one here 24 to accept. 25 t 26 27 "Free E -Mail Sign -Up Da,y "'- Bill Hammerman accepted with brief comments. 28 APPOINTMENTS 29 30 A. Recommendation to the Mayors' & Councilmembers' Association for 31 Appointment to the -ABAG Regional, Planning Committee (two positions; both 32 terms will expire September 2005). 33 34 Mayor Glass explained that two positions are open, but he had not received any 35 information about applicants. 36 37 Council Member Torliatt answered thaf.Janet Kurvers of Cotati had applied, and 38 Jake Mackenzie, who currently serves on fhe committee, and was looking for 39 reappointment. I would make a motion to move those two people,forward: 40 41 MOTION to recommend Janet Kurvers and Jake Mackenzie for appointment to 42 the ABAG .Planning Committee. M/S Torliatt /Healy. 43 44 AYES: Mayor Glass, Harris, Healy, 'O,' Brien, Torliatt 45 NOES: None 46 ABSENT: Canevaro 47 ABSTAIN: Vice Mayor Moynihan 48 49 B. Sonoma County Tourism Council's Investor's Committee - One City Council 50 Representative Needed for 2004 Calendar Year. • 51 1 Council Member O'Brien said he would be more than happy to continue on this 2 committee. 3 4 MOTION to appoint Council Member O'Brien to the Sonoma County`Tourism 5 Council's Investor's Committee. M/S Torliatt /Healy. 6 7 MOTION carried unanimously (Canevaro absent). 8 9 1. APPROVAL OF PROPOSED AGENDA 10 1.1 A. Approval of Proposed Agenda for Council's Regular Meeting of February 12 23, 2004. 13 14 Council Member Healy asked if the prequalification of'bidders item was 15 ready for action and should it be dgendized as Discussion and Possible 16 Action oronly for discussion. 17 18 City Manager Bierman believed it was just for discussion. Council would 19 need to give direction on some items. 20 21 Council Member Healy thought the last item on the evening calendar for 22 'the possible Arts fee would be for discussion and direction. 23 24 City Manager Bierman concurred_. 25 26 . Vice Mayor Moynihan ,asked to agendize a special meeting to:discuss the 27 budget.. • 28 29 City Manager Bierman told Council he would inform them when he had 30 determined a possible date for that meeting. 31 32 MOTION to approve the tentative agenda for February 23, 2004. M/S 33 Torliatt /Healy. 34 35 MOTION carried unanimously (Canevaro absent). 36 37 2. PUBLIC HEARING 38 - 39 A. Resolution 2004 -011 N.C.S. Amending Resolution No. 2002 -129 N.C.S. and 40 Resolution No. 2003 -128 NC.S. Setting the Appropriations Limit for Fiscal 41 Years 2003 2004. ,(Thomas) (This item was continued from the January " 42 26, 2004 City Council Meeting.) 43 44 Bill Thomas, Finance Director, provided a brief staff report. ' 45 46 MOTION to adopt Resolution 2004-011 N.C.S. M /S`'O'Brien /Torliatt. 47 48 PUBLIC HEARING OPEN 49 . 50 Mayor Glass opened the Public Hearing. Hearing no one wishing to speak, 51 the Public Hearing was closed. • 52 n , February 2,.2004 Vol. XX, Page 5 1 • 2 3 4 5 6 7 8 9 10 PUBLIC HEARING CLOSED MOTION carried unanimously (Canevaro absent). 3. CONSENT CALENDAR (None) 4. NEW BUSINESS A. Fiscal 2003 Comprehensive Annual Financial Report (Thomas) 12 13 14 15 16 17 1.8 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 Bili Thomas, finance Director, gave a brief overview of the CAFR, which changed significantly in 2003. The CAFR implemented GASB 34, which was a significant undertakingaby. the Finance Department. The City complied with ali aspects of GASB 34. Mr: Thomas acknowledged Cinde Rubaloff, Accounting Manager, and Chris Jones, Administrative Secretary, for their efforts in working with the auditors and producing this document in- house. Mayor Glass. appreciated the work, and the easy-to- read report. B. Introduction- (First Reading) of Ordinance 2173 N.C.S. Amending Chapter 13.24 of the Petaluma Municipal Code,,, Entitled "Waterways" to Restrict Mooring or Anchorage on Certain Sections of the Petaluma River Waterways, as well as Vessel Size /Leng;th - Upstream of the Balshaw Bridge. (Skladzien) Rick Skladzien, Public Facilities and :Services Director, gave brief overview of amendment to Waterways Ordinance. PUBLIC 'COMMENT - None. Vice Mayor Moynihan asked' if the, City's original waterways ordinance, adopted about 15 years ago, was not submitted to Boating and Waterways. and was therefore not enforceable. Mr, Sklgdzien said that could very well -be: This ordinance has been submitted-for their approval. Vice Mayor Moynihan asked if the provision in the original ordinance which empowered the Harbor - Master to carry guns and board boats had been eliminated. Mr. Skiddzien agreed. MOTION to introduce Ordinance 2173 N.C.S., with the revisions presented to Council. M/S O'Brien /Healy. MOTION carried unanimously (Canevaro absent). U C. Presentation by Jeff Mayne of the Petaluma Downtown Association on . Results of Survey of Downtown Merchants /Antique Vendors Regarding • Number of Permitted Antique Faires. Jeff Mayne, .Petaluma Downtown Association, reported on the last antique faire. Two surveys were conducted: one to merchants in town and another to the antique dealers that participated in the last faire. Of the 174 surveys sent to the downtown merchants, 49 were returned. Most supported two faires each year. Of the 170 surveys sent to the antique vendors who participated in the September 2003 faire, 63 were returned. All but one supported two faires each year. Council Member'Torliatt thanked,Mr' Mayne for coming to speak to Council and the , community on this issue. She asked if any information regarding total sales at the 'faire was elicited in the surveys. Mr. Mayne explained that they found that most merchants don't track the actual sales on a day -to -day basis. Antique dealers coming to town are afraid'to tell of their actual sales because they anticipate a fax or levy for coming to, town. Council Member Torliatt wanted to be.sure the City reaped the, benefit of dealers from outside the community coming and selling their wares here. She believed - the State of California required that they report those sales, so she didn't know why they would be opposed to giving the City that information. She asked Mr. Mayne to continue to try to get that information from the vendors. Mr. Mayne replied that the PDA would try to compile that data for the antique faire scheduled for the day after the Butter and Eggs Day Parade. Vice Mayor,Moynihan mentioned that a couple of downtown businesses have had some on -going problems with the antique faires in the past'- Couches, Etc., Petaluma Market, in particular. He asked Mr. Mayne if they were included in the survey and if their concerns were addressed. Mr. Mayne explainedthat 'was an apparent miscommunication in the past between the Downtown Associafionand the two merchants. They believed the intent was to "land lock''- them with the faire and block off not only Western Avenue, but 4th and Kentucky Streets, so they would be prevented from doing business on a major sales day. We have assured.,them we have no such intent and Western Avenue. At this point, they are supportive of the faire. 46 47 48 49 50 51 52 5. PUBLIC COMMENT —None. UNFINISHED BUSINESS A. Introduction (First Reading) of an Ordinance 2174 N.C.S. .Amending Ordinance,2155 N.0 -.S. to Change Certain Appropriations for Operation of the City of Petaluma. (Thomas) • February 2, 2004 Vol. XX, Page 7 1 Bill Thomas, Finance Director, gave a brief,introduction to the amending • 2 ordinance that allocated funds for the 2003 -04 budget and the changes 3 that are reflected in the amendments The'overall financial impacts to all 4 funds, is $972,850. This is fhe'inifial amendment to the appropriations 5 ordinance. 6 7 City Manager Bierman noted that this the first of many am'endments you 8 will. be seeing to the budget as we go through the remainder of.thestate 9 budget and'the remainder of what the state plans to do to us on, the 10 11 PCD'C budget also. 12 Mr: Thomas explained that instead of appropriating to individual 13 departments,.appropriations are being made to a general "fund '14 expenditure contingency. That allows the City Manager the flexibility to 15 appropriate funds when and where they are, needed. Unused funds go 16 back to the fund. balance. The Ciity'Manager and he will'be having 17 meetings with the departments to 4o over the numbers and the vacant 18 positions °and cut out some unnecessary, spending. 19 20 Vice Mayor Moynihan thought that during this mid -year budget review 21 process,Jhe: appropriations should actually be reduced and money taken 22 from department budgets, instead of waiting until next year. 23 24 City.Manager Bierman pointed out that instead of changing 25 appropriations; :the City is "forcing the savings." Expenses are being i 26 27 controlled, with the -help of variance reports. It wouldn't be reasonable to bring ordinance changes before Council every time there was a savings 28 in a departmental budget. 29 30 Mr. Thomas commented that he would like to see the City Charter 31 amended so this process could be accomplished through resolutions. 32 33 Vice Mayor Moynihan asked Mr. Thomas if he would bring back a, year - 34 end change in appropriations. 35 36 Mr. Thomas answered that there'would be many changes coming to 37 Council over the course.of the. next five months. 38 39 Vice Mayor Moynihan thought it important to identify the "important" 40 vacant positions in each department; those that are.backfilled with 41 contract labor or overtime, and either #ill the positions or adjust the 42 budgets appropriately: If any of the vacant positions are going to be 43 eliminated, it should,happen'at the mid= yearbudget.review with 44 adjustments to the departments' budgets. The variance reports can show 45 each department head exactly how they. fail on their budget. 46 47 If the City's compensation expenditure is lowered by 5 %, or 2-1/2%, as 48 applied to the second half of this fiscal year; the City will be better 49 positioned for the increase in, PERS next year.. He stated again'that he 50 thought it should be possible to identify the critical and non - critical 51 positions for this midyear budget review. Elimination of those should be an 52 alternative. The City has a financial problem right now, and if these adjustments are not made now, more lay offs may come in July. He was • trying to save positions by controlling expenditures now. He asked the Council for feedback. Council Member O'Brien thinks Mr. Thomas shows a great deal of leadership for the City. He works very closely with the City,Manager. Their teamwork and their leadership are invaluable. He moved I to follow the Cit __.y'Manager's-recommendations on the compensation policy% Council.Member Toriiat# seconded. Council Member O'Brien's motion. She -told. Mr. Thomas he had done a ,great.job at,identifying some major issues that we''ve had to deal with as for as liabilities for the city. She believes all positions in the City I think are critical. Ever every single department is understaffed for the amount of service that this community really needs. She what Council Member Moynihan believed to be the "non- critical" positions in this community. 'She values every job done everybody who comes to work for this City everyday._ Obviously, emergency services are a very high priority, but there is a'lot of work that gets.done in this City in every, department, and all those positions are "critical: " Council Member Harris commented on the many uncertainties and complexities to this process. Council and staff are, looking at the future budget while simultaneously adjusting the current budget. Hard choices have already been and they'll continue to b.e made. The City Manager and "Finance Director and staff should "definitely be commended with what they are going through with the cards that have been dealt to the City:. He looks forward to the ongoing discussions throughout the process. Vice Mayor Moynihan thinks the City Manager and Finance Director are doing a fine job. He clarified that when he said it was time to show some leadership, he was referring to the Council. For Council to show leadership, they must weigh in and give direction. The City Manager and Finance Director generally offer very good recommendations that should be followed, .but Council should also show some foresight and make the appropriate changes and adjustments. If .Council directed the City Manager and City Finance Director to reduce ,compensation by 5%, and eliminate the non - critical vacant positions, he thought it would b& possible to not lay anyone off. That would be a policy decision this Council is quite entitled to make and a direction that would show the leadership necessary to start trimming the fat out of the budget, what little fat there is. No budget is perfect, and not every position is critical if it can be left vacant without service ievels suffering. City Manager Bierman countered that all budgeted positions are critical positions. If they are vacant because somebody left, they are still critical position, but because of these economic times they are not being "filled. Vice Mayor Moynihan reiterated that if adequate- - service levels are being maintained with positions vacant, those positions are non- critical. If vacant positions are being back- filled with overtime or contract labor • • 1 3 4 5 6 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 4.1. 42 43 44 45 46 47 4'8 49 50 February 2, 2004 Vol. XX, Page 9 they should either be filled, or the budget should be adjusted to reflect the money being spent on contract labor or overtime. .. Mayor Glass enumerated some of the things that have been accomplished'in the last few years through the leadership of this Council, from the development community, from City staff. That's -the beginning of getting well. There are 28 vacant positions right now. The City Manager will do an evaluation; he will have a meeting with City staff, and City staff will offer their alternatives. Everybody at City Hall certainly knows the situation that not. only this City is in but the entire state. The. agendized item here is a motion and a second on the initial step toward dealing with the budget crunch._ The City Manager's responsibility is.t.o. take steps to present a'balanced budget for next year and to make prudent steps toward moving this budget this year somehow into balance, and it may require some reserves. Council.Member Healy supported'the ordinance. He thought it likely, as events,cl'evelop at the state level; that:more steps that will be needed. The' City is being proactive in dealing with the situation and exhibiting leadership. This is a very solid step'forward. He looks forward to more discussion on, the subject in the near future. Vice-Mayor Moynihan didn't see this ordinance as leadership because it is not proactive in making the necessary reductions in expenditures to keep the City fiscally sound. Mayor Glass clarified that the City - Manager was given direction by this Council to deal with specific issues. This: ordinance is the initial step. MOTION'to introduce Ordinance 2174 N.C.S. M/S O'Brien /Torliatt. AYES: Mayor Glass, Harris, Healy, O'Brien, Torliatt NOES: Vice Mayor Moynihan ABSENT: Canevaro ADJOURN The meeting was adjourned at 4:20 p.m. ' MONDAY, FEBRUARY 2, 2004 - 'EVENING SESSION 7:00 P.M. CALL TO.ORD'ER A. Roll CaK Present: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Torliatt Absent: Canevaro • 2 B. Pledge of Allegiance: Council Member Healy 3 C. Moment of Silence 4 5 PUBLIC COMMENT 6 7 Mr. Huarte, no other information given, told Council he is a business owner. He. and 8 several other business owners have received complaints, from customers about a 9 panhandler, "who harasses those who refuse his requests. Mr. Huarte asked Council for 1 0 11 more police presence in the downtown. area. 12 Vince Landof, Petaluma, spoke regarding completion of the Payran Flood Control 13 project and removal of the railroad trestles. 14 15 COUNCIL COMMENTS 16 17 Council Member Torliatt believed the bid for the flood control project had gone out or 18 was going out shortly, and the City was well on its way to securing a contract to 19 complete the work�within 12 to 18 months. 20 21 Mayor Glass referred to his trips to Washington D.C. and stated the City is using every 22 diligence to see that the project is completed. Both the House and Senate have agreed 23 on the full funding of $7:3 million. - By the end of the rainy season of next year, the project 24 will be completed. 25 26 Vice Mayor Moynihan reported that the Library Advisory Board met last week. The 27 Community Room Expansion project is moving forward. The library bookstore is being 28 expanded as well, and will be called "Dorothy's Place" in honor of Dorothy Bertucci. 29 He noted that a number of parks:are coming online about which he is. He will give 30 information to the City Clerk for circulation to Council. 31 32 CITY MANAGER COMMENTS - None. 33 34 6. UNFINISHED BUSINESS 35 36 A. City Council Discussion and Possible ,Action Regarding the Request for 37 Early Opening of the Swim Center. (Carr) . 38 39 Jim Carr "Parks and Recreation Director, presented the staff report. When 40 the, 2003 -2004 budget was prepared, budget cutbacks were already 41 being faced. Late closure of the pool had been funded. In the budget 42 narrative, he had_ indicated there were not available funds for an early 43 opening of the swim center, and also for fireworks. At Council's last 44 meeting they requested information regarding the cost .to open ,the pool 45 early. Reports were provided to Council outlining the costs for the' entire 46 season, as weli•as the actual month-to-month costs. He compared current 47 costs and revenue to figures from 2001. 48 49 Council Member Healy asked if the $7,000 /month for aquatic staff in the 50 51 report given to Council today reflected the full schedule or the abbreviated schedule. • 52 February 2, 2004 Vol. XX, Page 1 1 1 Mr. Carr replied that the numbers were based on the full schedule, • 2 .morning, afternoon, and evening. For the audience's information, he 3 - explained, that an abbreviated schedule of opening in the late afternoon 4 and a few hours on Saturdays was also being considered. 5 6 Councii Member Healy asked what the costs would be with the 7 abbreviated schedule. 8 9 Mr. Carr said that the cost would be about-$4,000 /month. 10 1 1 Vice Mayor Moynihan noted that as' Council liaison on the Recreation, 12 Music,and' Parks Commission he had worked with Mr. Carr, Parks and . 13 Landscape Manager Ed Anchordoguy,; and' Recreation Supervisor Don 14 Phoenix. He thanked them for "faking the fiak" from frustrated members of 15 the public. He referred to a cost analysis provided with the report that 16 showed the cost of electricity and gas as higher in the early months of the 17 year. He thought,some of the program costs might be lower, but the 18 operating costs were as high if not higher. 19 20 Mr. Carr explained that the "constant", cost is electric, as the electric 21 pumps run.24 hours per day, year round. Gas is the variable. The cost goes 22 down as the becomes warmer The solar collectors are used 23 beginning in April, and are helpful, if obsolete. In the fall, the gas prices 24 start to rise again. 25 26 Vice Mayor Moynihan asked about discussion of modifying and /or • 27 upgrading the solar collectors, and other potential capital improvements 28 to the pool. 29 30 Mr. Carr explained that all options -have been considered, including not 31 heating the - pool at all, or using the solar collectors only. It would cost 32 $11,000415,000 to replace all the solar panels; however, with new panels, 33 cost of gas would go down appreciably.. The replacements should pay for 34 themselves in1welve to eighteen months. Council' will also be asked to 35 approve application for Proposition 40 funds. 36 37 Council Member Healy pointed out that, if the electric cost would be the 38 same regardless of when the pool opens, that figure should be deduced 39 from the total cost of early.opening, because it would be. spent in any 40 case. That would reduce the total cost from about $30,000 to about 41 $23,000. 42 43 Council'Mernber Torliatt noted thdt the Aquatics Committee put together. 44 a plan in 2001 to try to get the pool' open year round by 2004. The plan 45 included many suggestions for revenue .,enhancement. She asked how 46 `the City has solicited and pursued additional revenue sources for the 47 pool,, such as additional swim teams, diving classes, and ways to increase 48 interest in the pool and programs. 4,9 50 Mr. Carr described the system of individual passes that was developed 51 with the committee's help. He knew of no other swim clubs in the area 52 that might be interested in using the pool Council Member Torliatt thought Petaluma's was the only 50 -meter pool in • the County'and would be in high demand. Mr. Carr noted there are two pools in Santa Rosa that are open year - round. Swim teams don't come to the Petaluma pool, except for countywide:meets. Vice Mayor Moynihan asked for clarification about suggestions from the. Aquatics Committee about adjusting the current fee schedule. Mr. Carr•explained that.the suggestion was for a series of passes for early season, lap swim, and late season, and in another category, during the June through Labor Day season, passes for recreation and lap swim. These are going through the City Manager's Office for approval. Vice Mayor Moynihan asked if significantlyhidher revenues were anticipated from the passes. Mr. Carr answered' that revenues were expected; however, he couldn't predict an amount at this point. Vice Mayor Moynihan had heard discussion of people getting into the swim center without paying. Mr. Carr had also heard such comments. The Swim Center has a good • staff this year, and they have been made aware of the problem. Council Member Toriiatt remembered that Council had discussed the Swim Center broiler, and the possibility of applying for`Proposition 40 funds . to replace it, during last year's budget meefings. She asked Mr. Carr what the status was on this issue. Mr.; Carr explained that a Resolution would come before Council on February 23 to allow the City to seek from the state. about 30 different maintenance projects throughout the Parks an Recreation system. Public. Comment The following individuals spoke in support of early opening of the Swim Center. Scott Goulding, Twin Valley Aquatics, Petaluma Andy Eber, Aquatics Advisory Board, Petaluma DeeAnn Joslin, Twin Valley Aquatics and Private Instructor, Petaluma Kay Drew, Petaluma Lori Matthews, Twin Valley Aquatics, Petaluma Annie Matthews, Twin Valley Aquatics, Petaluma Lisa Gott; TwinValley Aquatics, Petaluma February 2, 2004 Vol. XX, Page 13 1 COUNCILCOMMENT 2 3 Mayor Glass noted the City has a lot of challenges. One of the goals of 4 th_e City's. General Plan is to effectively use facilities to serve the greatest 5 number, of Pefalumans. He believes in order to have programs such as the 6 Swim Center, °fees will haye fo be increased. The Parks and Recreation 7 Department currently issues City Resident cards that enable the holder to 8 save,money on green fees at local golf courses: With these cards, Mayor 9 Glass suggested using two�scales on a swimming pass - City resident and 10 out -of -town. Although the City Residenf cards'cosf $15.00; it currently 11 costs,only $,1,.00 to renew fhe. card each year, thought that amount 12 was too low. He added that this yedr would be unique in terms of what 13 the -City faces. 14 15 Council Member Healy thought that the fact that Council had learned 16 this evening that somei costs rare irrelevant for decision making because 17 they are incurred whether the pool is opened or not, "changed the face 18 of things:" This reduced the expected cost of early opening by about 19 $10,000 per month. This could be lower if the abbreviated schedule were 20 adopted.. He agreed with Council Member Torliatt's desire to move 21 forward .to increase the capacity of the solar heating system,. so that the 22 City does not face these kinds of'he'ating costs in future years. He 23 reminded Council they had made:well.over $500,000 in budget 24 adjustments in the - afternoon session. He prepared to move forward 25 with early opening of the pool. 26 27 Vice Mayor Moynihan countered that not many expenditures were cut, 28 and Parks and Recreation was over budget at mid - year. He was 29 sympathetic to the need for a good swimming facility. Unfortunately, the 30 City clearly did not have the cash in this year's budget to open the pool 31 early. He thought the capital improvement projects to upgrade the boiler 32 and'solar heating system would definitely help. He would like further input 33 from the Recreation, Music and Parks Commission regarding the possibility 34 of enclosing the pool andpotential.cost savings, at least during the winter 35 months, from'lower heating costs. He agreed that some of the fees could 36 be increased, and thought swimming,lessonswere definitely a possible 37 moneymaker. He could not recommend .opening the pool early this year. 38 39 Council Member O'Brien mentioned that in written Chinese, two 40 characters represent "crisis" danger and opportunity. The City is facing a. 41 crisis about recreation and finances. Thedanger in this case is the 42 possibility of losing the swimming-progrom The opportunity is for the 43 aquaticcommunity to raise at least a portion of the $20,000 to make an 44 early opening of'the.swimming pool possible. He did not want to say "no" 45 to an early opening, but. did not see how the City could afford it. He 46; would love to hear more ,ideas about possible fundraisers. Without any 47 way to raise the additional fund's; and with five City police officer job 48 openings unfilled, he could not say "yes." 49 50 Council Member Torliatt pointed out that.no one wanted to say no to an 51 - early opening. The Aquatics Committee has worked since 2001 to put a • 52 plan together: She would like Council and staff to be committed to having ,a March 1 opening in 2005 and work to in revenue and awareness of pool's existence. She added that Proposition 40 funds • to fix the, boiler would lower costs significantly. This year, the City'is forced with cutting $1.2 million from the budget. Opening the pool on March l It this year would add $20,000 that would hawe'to be1ound by making cuts in other places. Other revenues would have to be found in order for the pool to. open March 1. Council Member Harris hadbeen prepared to vote "no on this tonight in light of the City's current fiscal situation. However, the discussion about deducting the electric cost from the ,cost of early opening, the abbreviated schedule, the additional: revenue ideas, the potential for Increasing some fees, and the cost savings to be realized with the repair of`the boiler, he felt that it might be possible to open the pool on March 1. Mayor Glass also came to the meeting prepared to say that- the pool. could not °open early. The best argument he heard for. opening the pool on March 1 came from Annie Matthews, who said,: "It's the only pool you can go to without being a member. He thought there was some interest on the part of the Council to explore the issue further. Mr. Carr explained, that if the City followed the recommendations in Revenue Cost Study, there would be an" additional $10,000 in revenue during normal swim season. When the study was released, Council chose not to fully implement the recommended increases. Council MemberTorliatt wondered if it would be possible to get corporate' • sponsors to help offset costs. She encouraged the community to solicit that kind of revenue, so the City can make - a commitment for an early opening in 2005'. Council had received three different sets of cost'figures. She would like to see some refined numbers based on tonight's discussion, from both an expense and revenue point of-view. Mr. Carr explained that the�different figures are the result of the switch in finance software from Profund to Pentamation. Utility costs came straight from the- utility companies. He felt confident that the figures Council .received tonight were as accurate as possible. Council Member Healy pointed out that if an additional $10,000 revenue was realized by following the recommendations in the Cost Study, the cost of opening the pool early dropped to $12,000 - $18,000. Vice Mayor Moynihan noted that a comparison of last and this year would need to include an adjustment of utility- rates. Referring to the Aquatics Report that came out in 2001,. he said. that many of the ideas it contained were .sp.eculative in nature. The suggestion to hire: a full =time Aquatics Manager and develop a marketing program may be the answer in the long run, but not yet. In order to achieve 100 %s cost recovery, fee increases would have to be quite steep. City Manager Bierman said that based on the abbreviated hours, there would be about $22,000- difference for the two months. If there were an February 2, 2004 Vol. XX, Page 15 1 additional $10,000 in revenues, the difference would be reduced to • 2 $12,000. At that point, help must be solicited from the corporate and 3 aquatics communities. If that support were not .forthcoming, the program 4 would shut down forthe last two months of the season. 5 6 Mayor Glass asked how many recreation cards the City sells. 7 8 Mr. Carr replied that he'would get that information. The cost of the cards 9 is $12 initially and $1.00 to renew. 10 1 1 Council Member Healy had one concern with the abbreviated schedule, 12 which wasz Monday through Thursday,.3 p.m. to 7 p.m., and Saturdays 11 13 a.m. to 1 p.m. If wondered if thaf'was a little too restrictive. He asked Mr. 14 Carr what the full schedule hours were. 15 16 Mr. Carr, replied that the hours would be 5 a.m. to 7 or 8 p.m., Mondays - 17 Thursdays, and 1 1 a.m, to 1 p.m. on Saturdays. 18 19 Mayor Glass would be willing to look at the abbreviated schedule with 20 extended' hours during school vacations if the weather was nice. 21 22 Council Member Torliatt summarized that she thought Council was willing 23 to go with the. abbreviated hours, and raise between the aquatics 24 community, and the corporate-secfer about $12,000. She would be happy 25 to have staff look at raising additional funds, but without them, she did not 26 think the extended. hours could be considered. • 27 28 Mayor Glass 'stressed that it is not just the City's responsibility to raise 29 money - it also the swimmers,'. 30 31 Council Member O'Brien was willing to support the City Manager's 32 recommendation and challenge the aquatics community with the 33 challenge to go out and -raise the difference before the next Council 34 Meeting. He thought it was possible. If that happened, Council could look 35 at the extended hours. The time has come, with the City's budget deficit 36 problems, for the community to help themselves, as well. 37 1 38 MOTION to open the Swim Center on March 1 on an abbreviated 39 schedule of Monday through Thursday, p.m. to 7 p.m.; and Saturdays 11 40 a to 1 p.m. If fund raising efforts on the part of the aquatics community 41 and the City are effective in offsetting the additional cost to the City, the 42 Swim .Center hours may be extended. If the fund raising efforts are not 43 successful, the abbreviated - schedule will remain in place-and the Swim 44 Center may be closed prior to the end of the regular swim season. M/S 45 O'Brien /Healy. 46 47 Vice Mayor Moynihan stated that it's -very difficult to say "no, " but 48 sometimes it is the responsible thing to do. The City is facing the possibility 49 of laying off employees in July and underfunding key maintenance areas 50 right.now. He thought some of the suggestions made were good, and • 51 could be used to come back with. a winning program next year. 52 Mayor Glass replied that the pool has a quality, lasting impact, • particularly for children; in the community. To have the pool sit idle when people are be to use it make sense. He encouraged the community_ to go out and help raise money and to support the fee increases.. Council Member Torliatt clarified that with corporate sponsorship, the expenses would be offset with revenues and donations. AYES: Mayor Glass, Harris, Healy, O'Brien, Torliatt NOES: Vice Mayor Moynihan ABSENT: Canevaro 7. PUBLIC HEARING A. Boulevard Apartments (Buckelew Programs,) Request. Mitigated Negative 'Declaration; Rezone to PUD Adopt Proposed Unit Development Plan; Adopt Proposed Development Standards for PUD. (Gaebler) RECOMMENDED ACTIONS Resolution Adopting a Mitigated Negative Declaration,. Including a .Mitigation Monitoring Plan for the Boulevard Apartments Project. Introduction (First Reading) of an Ordinance_ Rezoning the Property Located at 945 Petaluma Blvd. North (APN 006 - 450 -018) from the, CH- Highway; Commercial to the PUD- Planned Unit District. • Resolution Approving a Planned. Unit Development: Plan and Development Standards and Associated Conditions of Approval for the Boulevard Apartments Project. Bonne 'Ga_ebler, Housing Administrator, presented the staff report, with help from Lynn Goldberg, Project Planner; and Katie Crecilius, of Buckelew Programs. Public Comment The following individuals spoke in support of the Boulevard Apartments Project: Lynn Berdrd, Petaluma Vera Ciammetti, Petaluma, Petaluma Ecumenical Properties Carol Cinquini, Santa Rosa Paula Cook, Petaluma, Petaluma Ecumenical' Properties Dianne Davis, Petaluma Duane DeWitt, Santa Rosa, Community Builders Corporation Daymon Doss, Petaluma, Petaluma Health Care District Helana, FitzGerald, Petaluma Cathy Geary, Santa Rosa, Sonoma County, Division of Mental Health Majida Gibson, Petaluma, affordable housing consultant Dev Goetschius, Petaluma • Guy Guillon, Petaluma February 2, 2004 Vol. XX, Page 17 1 Gabe Kearney, Petaluma, Sonoma County Mental Health Board 2 Jennine Lanouette, Petaluma 3 Jim Leddy, Santa Rosa, Sonoma County Housing Coalition 4 Regie Livingston, ,Peta.luma 5 Jim March, Petaluma 6 •Michele McCabe, Petaluma, Marin County Public Guardian 7 Margo Warnecke Merck, Healdsburg,. Community Housing Development 8 Corporation of Santa Rosa and Sonoma County Housing Coalition 9 James C. Mobley, Jr., Petaluma 10 John Morgan, Petaluma 11 Julie Morgan, `Petaluma 12 Corinne Muelrath",'Petaluma 13 Debi; Nunes, Petaluma 14 Dorothy O 'Brien city not given 15 John Records, Petaluma 16 Noreen Ringlein, Petaluma 17 Kenneth. T. Schmidt, Petaluma 18 Kendall Smith, Petaluma 19 Richard Speel, Petaluma 20 Len Svinth, Petaluma, Petaluma, Petaluma Ecumenical Properties 21 22 The: following individuals spoke in opposition to the Boulevard Apartments 23 Project: 24 25 Rubio Amramov, Petaluma • 26 27 Angelina Arrington, Petaluma Anita Flett, Petaluma 28 Doug Frampton, Petaluma 29 Norm: Hilliard, Petaluma 30 Tamara Miller, Petaluma 31 Russel Pleech, Petaluma 32 Jeff Ray -,: Pefaluma 33 Cliff Stock : Petaluma 34 Marcie Stock, Petaluma 35 David' Wriglit, Petaluma 36 Dawn: Wright; Petaluma 37 38 At the request of Council Member Healy, the reminder of the meeting minutes 39 is a verbatim transcription. 40 41 Response to Public Comment 42 43 MayorGldss Would staff or the applicant wish to respond to any of the 44 Public Comment? 45 46 Ms. Gaebler introduced' Jay Zlotnick; Executive Director of Buckelew 47 "Programs. 48 49 Mr: Zlotnick responded -to the following issues raised during Public • 50 51 Comment: Supervision: There will be a person on site to do the property management and collect the rents.. Vera Ciametfi' [Petaluma Ecumenical Projects] spoke to that issue. They're not there to do mental'bealth counseling. The people who hopefully will live at Boulevard Apartments don't need '24 -hour supervision -just like the folks, who live at our Novato project, our Fairfax project, and several apartment buildings in San Rafael. if they needed 24 -hour supervision, they would not be at Boulevard Apartments. If they're living at Boulevard Apartments, they don't need it. If their situation deteriorates, such that they do need 24 -hour supervision, then we will intervene and arrange that for them. Of the 19 people who have lived at Olive Avenue Apartments in Novato'in 6 years, 3 are no longer 'there` one died, one moved to New'Jersey, and one was hospitalized. The one that was hospitalized was the one who made most of those calls. My,point being, if people"are notable to maintain independent living, We intervene, sometimes with the help of the police;, sometimes with the help of social services,: with mental health departments, and we get the person the care that they need. So while there isn't a mental health person on the grounds 24 hours a day, that's not what's needed. Staff Contact. Everyone who lives at Boulevard Apartments will have a staff member from Buckelew Programs assigned to them; and that staff member will see the client as'often as necessary. We have some programs where our staff is seeing people several times a.day;, we have programs were people see our clients once a week or once • every two weeks. It totally depends on what the client needs, and we're there to respond to that. Medication: First of all, not everyone who has a psychiatric disorder goes off his medication. But, it does happen. When'that happens, we find out about it. They either tell us, or their roommates or housemat.e.s or neighbors tell us, their friends tell us, orwe figure it out, because we r know our clients well, and we know when they're deteriorating. When that happens, we intervene. Many times, our clients are very receptive to this, and we get them back on their medications, or a different medication,, or, if need be, we help them get more supervision in a more intensive facility. Screening Process: There are many levels of screening before someone's going to live at Boulevard Apartrnents.'The first screening happens`at the County Mental Heal fh Department level. Cathy Geary and her staff know what it takes for someone to live independently, and they will not refer someone to Buckelew Programs unless theyfeei that person is ready to live independently. Then we meet with the client, sometimes with Cathy's staff, sometimes, on our own, and we'll do an informal meeting, just kind of explain the rules and doing an assessment right there. Then well talk again with Cathy's staff, read all sorts of reports, ;get a good idea of fhe history of the person, and only after that will we have a final interview with the client, and d "very thorough interview. If there are any gaps in the history, any questions we have, we'll fill those gaps. So it's a very thorough screening. February 2, 2004 Vol. XX, Page 19 r 1 2 1 1'm.very confident in our screening process. There have been 3 s suggestions here that Buckelew Programs: can't make guarantees, 4 c can't make, promises about peoples' future behavior. There are many 5 p promises and. many guarantees; I can make to you. I can guarantee 6 t that our screening will be= thorough. I can guarantee that if there's a 7 p problem, we'll follow through; -and I can make.these, guarantees 8 b because that's exactly "what °we.'ve done for the 31 years we've been 9 i in existence, it's exactly what we've done, in - San;Rafael, and Fairfax, 10 a and Novato-and once have we had a complaint from a public l 1 s service agency, a fire , department;,or police department, of abuse of 12 t their services. In fact, we're in the same business as they are: the 13 b business of public service. 14 15 1 1 wanf °to tell you a brief story abcut.a client who was in one of our 16 p programs many, many years ago, who, because of her paranoia, 17 w would. periodically pull ;the alarm and call the fire department, 18 b because she thought she was going to be harmed. After awhile, the 19 f fire department said to us, "You know, we want to help, but every time 20 w we roll those `trucks, it causes real liability. What can we do ?" We 21 w worked with the fire department, we' figured out a great plan for the 22 c client. Part of the fire department's suggestion was that when they 23 w were on a routine call, they would stop by and. check in with the 24 c client, rather than waiting for a problem. That's an example of how 25 B Buckelew works with other organizations in the community, to make 26 o our clients successful. • 27 28 Y You''ve heard some comments from several nurses and a marriage 29 a and family counselor about, frankly, horror sto.ies, about someone 30 w with, a mental illness: Unfortunately, those horror stories exist, They are 31 r rare, b0f they do happen'., There are not the folks Buckelew Programs 32 w works with. That goes back to our screening process. The whole 33 purpose of the screening at the, County level and our level into insure 34 t that those issues will not be happening in your community. 35 36 m m Property , Values: You've also heard comments about property values. 37 T There, are numerous studies that show that a well- managed affordable 38 . h housing project has no impact on property values: In fact, I'suspect 39 t that fhe project will help sustain, if not'increase properfy values, 40 b because it will be well managed. 41 42 I In closing, I want to say that I can't guarantee you fhat:there won't be 43 p problems, but I don't think any of you could guarantee me -that in any 44 e enterprise you're involved in, there won't be problems. It's the nature of 45 a any kind of human - interaction that there will be problems. What I can 46 g guarantee you is that we will follow through in a professional, thorough, 47 c collegial, and responsive way, like we've done for the past 31 years. 48 T Thank you. 49 50 V Vice Mayor Moynihan: Who are the current owners of the site? 51 Ms. Gaebler: The City of Petaluma purchased it, and Buckelew has an • option on it. Vice Mayor Moynihan: And is this a contract? i don't' see the contract as part of the agenda packet. Has that been negotiated? Ms. Gaebler: What contract? The option? Vice Mayor Yes Ms. Gaebler: The option was negotiated probably a year or two Years ago. Vice Mayor Moynihan: Has if ever been approved by Council? MSjr Gaebler: It's been approved by the City Manager. I don 'r remember if it ever came to Council. I don't think it did. I know that any of our options have. Vice Mayor Moynihan: I would think, based on our Charter...mosf of ;our City assets, when we go to purchase them or sell them, there's a, contract, which has? to be approved by the Council. Ms. Gaebler: We've had options with most of our - probably all ofour non - profits over time. I don't know that they've come to Council. They clearly state that once the Council has allocated, funds for a non - profif, • there's an agreement that`within X "number of'years,`affordable housing will be built or the land refers back to the City. Vice Mayor Moynihan: But didn't the City purchase this property, in part y Y for an expansion of the police station? Ms. Gaebler: The site was, purchased. in 199.7 or 1996 for $267,000, as a housing opportunity site. Vice Mayor Moynihan: And that was in cooperation with Burbank Housing? Ms. Gaebler: Burbank did. the actual purchase because I don't have the expertise to, do all of that, and they do. Vice Mayo "r Moynihan: The proposed project, at that time, included an expansion of the police station on a portion of that site. Ms. Gaebler: Council Member, all I can tell -you is that the resolution that- we have states that it was purchased by the housing division of PCDC as a housing opportunity site. Am I saying °that nobody has ever looked at that and said it seems to make sense that if the police were to expand, they would go in that direction? I've talked to the police about this probably five-times, with various chiefs. We had originally designed this, as a matter of fact, so that police could share parking with us. That was not a • site plan anybody liked. Quite frankly, the police have no money to February 2, 2004 Vol. XX, Page 21 1 expand or construct. As I said, we've -tried to work that out with them a 2 number of times. First of all, it's my job to help the police expand. No 3 police chief has said that's something fhat:'s in the cards in any 4 reasonable time. 5 6 Vice Mayor Moynihan: Are you familiar with the police facilities plan? 7 8 Ms: Gaebler: No, I'm not. I'`m, only Op affordable housing. I'm sorry. 9 10 11 Vice Mayor Moynihan: Thank you. 12 Councii;Member O'Brien: Ms.. Gaebler, just a real quick question. You said 13 that there was a memo from CaptainHood that was in the packet, 14 regarding the calls in Novato. I, couldn'f.find one. We did get one on the 15 dais that was dated January 30 and received into the City Manager's 16 Office today.'The.re is absolutely no recommendation inhere, one way or 17 the other, that I can find. 18 19 Ms. Gaebler: And actually,, just a conclusion, which is what Captain Hood 20 said, and he spent a lot of time with 'th'e Novato police department. I 21 thank him and Chief - Simms for'this.'We went down every single incident 22 that happened. That's on the sheet that they put out with all the names 23 crossed. out. It is true; there was that large number, in the year mainly . 24 2002, done by one resident.,And so, in terms of a recommendation, it was 25 just conclusion, more than a recommendation, that it wasn't anything 26 27 out of the ordinary_ 28 Council Member O'Brien; I hope we're talking about the same document. 29 Actually, f was written on the 29th, your cover memo was dated the 30th, 30 and it was received into the City Manager's Office on the 2nd. I can't find 31 a concfusion in OR a recommendation. .32 33 Ms. Gaebler: The conclusion was from Captain Hood to me. 34 35 Council Member• O'Brien: Also, the staff report says he would be here 36 tonight to answer questions. 37 38 Ms. Gaebler: I apologize. This is-Captain .Hood's day off, and he could not 39 be here. 40 41 Council Member Torliatt: Mr. Zlotnick.addressed the screening process. He 42 addressed the supervision issue. The other couple of issues that came up 43 were the cosf of the project, and from the City's, standpoint, where that is 44 coming from. I think the community and the people in the audience need 45 to understand the dollar amount and where it originates, because a lot of 46 people in the community think that the City is just handing over $300,000 4.7 or $500,000 of general fund money that we could use on many different 48 City services, and that isn't, in fact, the case, so I'd like Ms. Gaebler to 49 v_ erify that with the redevelopment funds and the housing set - aside. 50 51 Also, there was a question about medications and criminal records and • 52 how that factors into the people that may occupy this facility and what type of criminal records people have because I'm not sure whether it's • shoplifting or disturbing the peace or what, and I would also like Ms. Gaebler to clarify the neighborhood meeting issue; because I believe someone had said there was one neighborhood meeting and no more and they were promised. I know I attended the first' neighborhood meeting, which was at Old Elm Village, but 1 believe there was a second neighborhood meeting, and meetings of the Planning Commission, and obviously of the City Council level. Ms. Gaebler: Regarding the money - there were two Council allocations to Buckelew Apartments. The first one was block grant. I think that was approximately $80;200. That's the only amount that has been drawn done. The second amount was two allocations given - from, as you stated, the redevelopment low =mod housing set- aside, and that's housing by state 'law that can only be spent on low and moderate income housing, and that was in the amount of $300,000. To date, they've drawn down just the block grant'funds. We did have two neighborhood meetings, one at Old Elm Village and one at Elim Lutheran Church. The first one was well attended, the second not so, so we did not have a third one; until the Planning'Commission, which was noticed, and this one, which was noticed. Regarding the criminal records, and so forth, I would not have the answer to that, but I know Mr. Zlotnick , does: Mr. Zlotnick: Some people who are in Buckelew Programs have a criminal • record'. Most don" t, but some do. I think a lot of other folks in the room, somewhere back there, ran afou`I of the law one way or another. With most of the folkswho have a criminal record at Buckelew Programs ,it's for things like pettytheft, defrauding an innkeeper, which is not paying a bill in a hotel or a, restaurant. It might be , o drug offense. Those are the sorts of criminal records that bring people to. Buckelew Programs. There was an •e- mail floating around about a week ago that 1 know at least, one of you saw, and it .used the term "ex- convicts." Especially referring to people in our FACT - Forensic Assertive Community Treatment Program. I can assure you that people in that program are not hardened criminals, ex- convicts who have'done hard time. They are people who have had the kinds of experiences I already talked about. But whether or not , o person has. a criminal record, there's something that's much more important to us: Is the person ready and able and appropriate to live, independently in the community? Is the person going to impose a threat to the neighbors, to themselves, ourrstaff2 That's where our screening comes in. And I would submit to you that that is, in fact, a much more important criteria to look at than someone's criminal record. I think', in my comments, Ms. Torliatt, addressed the medication issue, but was there something else? I talked about medications... Council Member ,Torliattt Could you speak more to the issue of how often Buckelew checks in with people who live at the facility? I'm assuming that they have regularly scheduled appointments with folks to check in about • taking their medication. February 2, 2004 Vol. XX, Page 23 1' 2 Mr. Zlotnick: It varies, as I said be It could be several times a day, 3 4 several times a week,-once a week, or every couple of weeks. It totally depends on how the client is doing, level and what of assistance they 5 need,.and we're staffed in such a way- we have people on call 24 hours 6 a day, 7 days a week. We have staff on duty 7 days a week. The staffing is 7 such that we can flex the staffing,, so if a particular person needs greater 8 attention, then we're able to do that. 9 10 Council: Member Healy: I adtuallywanted to ask the City Attorney, whose 11 previous advice was honored primarily in the breach,. to perhaps be a 12 little less subtle this time, and go .over, both for the Council, and for the 13 community,, what some of the constraints are on the Council's legal 14 inabilify to exercise discretion. In particular, of course, as Council Members 15 know, we've received an attorney /client memorandum late last week 16 setting iforth some. rather black letter law propositions that would not be a 17 secret to any attorney who delved into this. 18 19 City Attorney Rich Rudriansky: As a legal advisor to the,City, it's not my 20 role to, nor do I intend to weigh in on.some of the emotional issues that 21 were brought up on either side. Certainly, it was a very respectful 22 presenfation by both sides. My role is with ,respect to the legal issues, and 23 as Iread the law, state and federal housing laws, the issue ofdisability, 24 mental or physical, is not an issue that should be taken into account when 25 del - iberatin;g relative to a land use issue, such as affordable housing. It's 26 clear that to deny a project merely'because it's for - disabled individuals • 27 could be interpreted as discrimination, and the cases have held that. So, 28 to the extent that any'kind of decision has some kind of disparate effect 29 on ;orientally handicapped physically disabled - and there's a variety of 30 other categories- in my view, would be risky. The issue here is affordable 31 housing, as I.said in the beginning, and whether or not you approve or 32 disapprove an affordable housing project such as this should.rise and fall 33 on the facts relative to the planning laws and the.zoning issues that exist 34 and dre applicable to this project: That's the way I read the law, and I 35 think'if's pre_ :tty clear. 36 37 Vice Mayor Moynihan: Could I ask the Planning Department- the parking 38 was discussed, and there's a letter, in the packet outlining why we're 39 having 12 stalls of parking on the site.'I'rn curious, for the 15 units on this 40 size acreage, what would the normal number of parking installs be? 41 42 Mr. Moore: The parking ratio for multi- family housing, I believe, is 1 -1/2 43 spaces per unit. 44 45 Vice Mayor Moynihan: So we're looking at 22 -23 parking stalls? 46 47 Mr. Moore: Yes. 48 49 Vice Mayor Moynihan: The access, .as it's designed ... would it be a right 50 turn 'in off Petaluma Boulevard.soufhbound, and a right turn out? Because • 51 52 1 notice that there's an island or a barrier to cross the two lanes to go north at that point. Mr. Moore: Yes, that':s correct. 0 Vice Mayor Moynihan:, That's not a normal access, is it, for a project like this? Does th'at°require a variance of any type? Mr. Moore: No. As part of °the environmental review, there was a traffic analysis done. That would Look at that access as being a potential issue. Mayor Glass: In terms of the parking, when we get into low income housing, there are statistics that do verify that there is less of a need for parking spaces for this type of housing and quite often there are exceptions made on the number of parking spaces, as a matter of course, isn't that right? Mr. Moore .Under the Planned Unit District zoning, the Planning Commission and the Council have the ability to modify or waive certain requirements, and this would apply to any project that is zoned under that category. Typically, parking is one of the issues that is looked at. For exarn.ple, -in most PEP projects, because they're for seniors; there is informationto support =the fact that you can reduce. the parking ratio; and I think the same kind of consideration was given here due to the clientele. Council.Member Healy: I raised that same issue at the Planning Commission level and had concerns similar to what Vice Mayor Moynihan is voicing here; and was persuaded that the experience with Buckelew's - other projects in Marin County led to a justification of this kind of a parking level and if the applicant or staff would just like to brieflyrepeat'that, but I think we were talking about your facilities in Novato and Fairfax, and particularly the Novato one where, if I recall correctly, most of the tenants do not have their own automobiles. Mr. Zlotnick'That's correct, Council Member Healy. In your packet, attachment 6 discusses the' justification for reduced parking requirements. This issue actually came up on Friday, when Daymen Doss [Petaluma Health Care District] visited the site with Ms. Gaebler and me and we actually asked' one of the tenants who was there, "How many people here have cars? "There are 15 units, and I think she came up with 8 people. That site has been there since 1997. About half the folks have cars. Council Member O'Brien: To continue on the parking, you had mentioned before that the way you find about problems is that sometimes peoples' roommates call you. Is there going to be more than one individual to a unit here? Mr. Zlotnick: Conceivably, there could be. In our experience, in all of our affordable housing, it hasn't been. But; if someone formed a 'relationship with someone else, there is nothing prohibiting him or her from bringing in someone-they're having a relationship with. When I was talking about roommates who will tell us about people who are off fheir medications, I • was thinking of a congregate living situation that we have in Fairfax, February 2, 2004 Vol. XX, Page 25 1 where people are sharing living room and dining room,.and in many of 2 • our 24 -hour facilities'there are roommates. That's how we .often find out. 3 4 Vice Mayor Moynihan: Following up on the parking, if we're not to 5 consider`the use, as: such, specifically ,as mental health, I'm kind of curious 6 why,,;in, looking at this as a land use situation, we wouldn't consider other 7 potential uses or similar uses,,.or potential subsequent uses in determining 8 whdt a proper parking ratio is. Whyare we relying simply on the 9 experience of a like-kind health facility or housing facility for this 10 11 particular clientele?. 12 Mr. Moore: When we present this information to the Planning Commission 13 as we, do to the City Council, the parking ratio "is; what it is," as provided 14 by the zoning ordinance. As I mentioned previously, the Planned Unit 15 District allow -the Commission and the Council to waive or modify certain 16 requirements. That, informaf ion is presented to the Commission and the 17. Council and they have the discretion to address that, as they deem 18 appropriate. 19 20 Vice _ Ma' or Moynihan: So we're looking at roughly half the parking of 21 what the normal ratio would be. If we were looking beyond this use, and 1 22 know if ;it's a 40 -year loan it could be way beyond the normal time frame, 23 but if we're looking, for normal residential use of apartments, market 24 rate, we would be enforcing the 22.or24 stalls? 25 26 Mr. Moore: All I would say at this point is you would have the discretion to • 27 make that a requirement, if you'felt that was appropriate. It could be, in 28 forty years, that you wouldn':t need , any, parking stalls at all. 29 .30 Council Member O'Brien: 1 feel 'the some concerns, on the parking. In 31 . reading the staff report, approximately 50% of the people would have 32 cars. So with, 14 residents,'we're talking 7 cars. You've got a manager. I'm 33 going to assume he has a car.. It also says PEP or some property 34 manager's going. to be stopping by. That's nine-spots. That leaves three 35 spots for visitors. I feel 12 is way too low: 'I'm in agreement with Vice Mayor 36 Moynihan on the parking. I don't think 22 or 23 is reasonable_ , but I think 12 37 is too few. 38 39 Vice Mayor - Moynihan: The other issue I had is the way they'.re positioned, 40 relative -to the lot. You're driving in °on a. driveway, and you're snaking 41 around .one.building and going to these..others, and asa result, you have 42 a lot of driveway, and a lot of parking lot. I think I read it's 50% asphalt 43 coverage of the site, just to accommodate what appears to be less 44 parking. I'm not sure if this is a design problem-: If we didn't have three 45 separate - buildings, but had one building, for example, and it was set 46 back from the street and had parking at the front as a buffer - could that 47 . be a more efficient use of the site, and we're not looking_ at all this asphalt 48 as a percentage of the property. 49 50 Mr. 'Moore: I think I would let Katie Crecilius from Buckelew and perhaps 51 their architect address'thatissue> relative to the site design. 52 • Katie Cre.cili Buckelew Projects It's'.a long, narrow site, and very constrained in termsof parking a circulation on the site, for a number of • reasons. Number one; we needed to put the driveway on the south side to avoid conflicting with the police department driveway on the north side. We also wanted to put the garden and the landscape area on the south side, which was SPARC's recommendation, and we also concurred with it. We need: to enter from the south, and get to -- the parking on the north. The other problem, 'we've had is the'fire department increased the size of their fire trucks and increased the size of the fire truck "turnaround. So the large area in the middle is all fire truck turnaround. We don''t like it, either. Vice Mayor Moynihan: What about garbage trucks ?'How are those going to be accommodated? (Christine Vargas, Kodama Diseno, Architects: The garbage trucks would use the same turnaround as the fire trucks so that we're not providing extra pavement. Vice Mayor Moynihan: Is there going to be a location for a community dumpster? Ms.. Vargas: `There is, It's located on the north side of the'site (walks to easel to point out location). Vice Mayor Moynihan: I'm a little concerned because it's a right turn in • and aright turnout of the boulevard. I actually took the time to go down to Novato and look at the Olive facility and;l can see it's a roughly similar site layout,, but you had two single -story units 'there and it looked like two two -story units to "the back, with the gardens and the parking; in a residential area. It was of the ,edge of an older residential neighborhood, which had a residential, road, which you could turn in, and out of in both directions, and it seemed like local traffic. It's kind of a quiet area but it backs up against a commercial building that does front on some major corridor similar to this, 'Redwood Boulevard. I just see the turning in and funning out is not as easy a movement as people think. Especially if you're trying ito head north, of course, you'd have to pull a U somewhere and get around. There used to be access off Magnolia, and there was Hawthorne Court. Is that' not available? Ms. , Vargas: It doesn't go through at this point, and I don't know that there are plans for it to go through. Vice Mayor Moynihan: Other than that, there are a lot of similarities between this and the project in Novato. We're being asked, in approving a project under a mixed =use land -use designation and a PUD zoning, to find, 100% residential. I understand that this.is now being driven by the HUD financing requiring no commercial or mixed use like was originally proposed. But the project is supposed to be designed'to be compatible "with the surrounding areas and neighborhood. This seems to me quite in contrast with'the uses at least adjoining and certainly down the corridor. • February 2, 2004 Vol. XX, Page 27 1 It`s residential. in a ; pocket next'to a big institutional building next to old 2 commercial storefronts, across.fro,m a shopping center. 3 1 4 Ms. Vargas: I would argue, against that. We have a two -story building in 5 the front that has similar setbacks to'the commercial and the police 6 station properties adjacent to it: We've also incorporated perforated steel 7 and storefront windows fo.fit into that context. In the rear portion of the 8 site, you do have more residential development surrounding it, so those 9 buildings in the interior portion reflect that. They're smaller in nature. They 10 11 are mostly single story with one two -story element incorporated. 12 Vice Mayor Moynihan: So you believe this is compatible with the adjoining 13 uses? 14 15 Ms. Vargas: Yes. 16 17 Vice Mayor Moynihan: I had one other. question that dealt with the City's 18 inventory b f commercial land. It seems to me that we're doing a General 19 Plan.update and we have a limited supply of commercial land. Can we 20 address. that:? It seems to me this is a' place we're taking from commercial 21 and we're making it residential, and. we do have rather an insatiable 22 appetite for sales tax revenue at ,this point in our lives, municipal -wise. 23 What is the available inventory.of commercial property and does this 24 have an impact on that? 25 26 Mr. M_ oore: Only the zoning is commercial. The underlying land -use 27 designation is mixed use„ which, does allow for the development of a 28 residential project. on'the property. The Council, when it made the 29 decision iseveral years ago to purchase the property as a housing 30 opportunity site, atleast that Council, at that point, made the 31 determination that housing was appropriate for that location. 32 33 Vice Mayor Moynihan: Do you know what the available commercial land 34 is 35 36 Mr. Moore: Not off the top of my head. 37 38 Council Member O'Brien: In the report, it says there was- originally a 39 headstone carving business located there. What kind of chemicals do 40 they�use in that type of operation, and has any soil analysis been done? 41 42 Mr. Moore: I believe there was,a Phase 1 andlysis done when the property 43 was purchased. 44 45 Council Member O'Brien: There. was a Phase 1 done on Washington 46 Street, took. and now we've got problems. 47 48 Ms. Gaebler: There was a Phase l study done when we purchased the 49 property, and it was my understanding that the only problem with the soil 50 right now is compaction - not toxics. This problem can be solved during 51 construction. • 52 Council MemberO'Brien: So we don't °really know what contamination there is down there. • Ms. Gaebler: There is a clean, current Phase 1 study on the site. Vice Mayor Moynihan: John Galliaci, North Bay Monument, was the owner at one time. Council Member O'Brien: Also in, the staff report, it says, "Superior design Will ,ensure an attractive comfortable and healthy living environment." I' don't want to saythis project is not of superior design, because it's 'a good project. °But where is the superior design? 1 see a normal design. I don't see superior. Mr. Moore: I think the project architect ca_n speak to this, but the" will be subject to SPARC review. They will look at all of the elevations, 'the landscaping",, and all of that. They've already looked at it twice on 'a preliminary basis, and have given recommendations, which Buckelew has followed in preparation of this site plan. They - will have discretionto review the project and make any other recommendations that they feel are necessary, once this project moves on. Council Merriber O'Brien: I'm asking for a definition of what "superior" would be. It's a nice word to use, but I'd like to know what qualifies it, as it's a condition in the report. . Mr. Moore: It would be superior design if the Council adopts those findings in approval of the project, with the expectation that SPARC will follow through on that when they approve it at the appropriate, time. Council Discussion Council,Member Healy: I first became involved in local government here because issues in my neighborhood, so I've always been very solicitous neighborhood concerns on whatever issues may come forward. Certainly, here tonight, `I think that the fears of the greater' neighborhood are very heartfelt and very palpable, but in my opinion, in the final analysis, the weight of the evidence indicates "that -those fears are misplaced;. primarily for two reasons: One, as Dr. Gullion and Mr. Zlotnick have indicated, the screening process that is going to take place her will assure that appropriate individuals are given the opportunity to live in this project, and the kind of care that goes into that has been discussed with some detail here tonight. Secondly, Buckelew has a very strong track record ,in running similar programs in Marin County and here in Sonoma County over the years. This speaks to their ability to run this kind of a program in a way that's compatible with the existing community. Another point that was very eloquently spoken to by several speakers is that the need for this kind of housing opportunity in our own community here is very strong, and the fact that, . on average, something like 5% of the general population suffers from serious mental 'illness, would mean • something in the neighborhood of 2,500 -3,000 people already in Petaluma February 2, 2004 Vol. XX, Page 29 1 are.suffering from serious mental illnesses. The screening process that will 2 take place will assure, that only the tiny handful, the very best qualified 'population 3 individuals within . that - w ill be chosen to live in this kind of an 4 operation. 5 6 I, actually think this is a good location. It's close to transit, shopping, 7 walking distance to downtown, and I've been struck by the fact that.a lot 8 of the _folks in the neighborhood who are opposed actually don't live 9 terribly close to it —in fact; -they live-several blocks away, up side streets. 10 For the life, of me, 1 can't understand why a resident; of this project would, 1 1 with any frequency at all, find a. need to walk up to White Oak Circle. 12 Quite ;frankly, and speaking as the Council Member who lives closest to 13 thisl project, if people living. here choose to walk downtown and back, 14 they'll ;be walking in front of my: front door, and I have no problem with 15 that. This Council and previous Council have allocated hundreds of 16 thousands of dollars of our low and moderate- income set -aside funds for 17 this project. We have also invested hundreds and hundreds of hours of 18 staff, time. I think it would be huge waste to abandon this project at this 19 time. 20 21 Council Member Harris; We've done many things in the community that 22 we should be proud of to help the less fortunate. We passed the most 23 talked;'about linkage fee for .housing; we've come up with low income 24 housing opportunities throughout the City. We have the new homeless 25 shelter coming on board. 26 • 27 As everyone's seen tonight, applicant Buckelew has a proven track 28 record and 'they're good neighbors'in their regions with their properties 29 and :programs. There are a lot of things to look at with respect to this 30 proposal: One, what is the community's needs at large, what are the 31 neighbors needs at large, what are the needs of people living at this 32 proposed.site, and finally, is this,fhe best and most appropriate site in the 33 community. rersgnally, I do thin. k that it is appropriate that the 34 government does have. a small roll in those: less fortunate; however, after 35 hearing all the.. ; sides tonight and having all these. facts put together, I just 36 can't reconcile.. all of this with being the correct and appropriate location 37 for this affordable housing opportunity at this time. So, it's with a heavy 38 heart that I will not be voting in favorof ;this project tonight. 39 40 Vice Mayor Moynihan:, I, want to acknowledge people in the audience 41 who got up and,spoke on both sides of this and their fears. The neighbors' 42 fears are justifiable. I know that Buckelew has a tremendous program and 43 a great reputation. What Council'. is being asked, .even though we seem to 44 be talking about pros and cons in'terms of mental health, is to adopt a 45 I'and -use project. The questions I asked were to determine if the project 46 made sense for the site. I also asked if this, was the highest and best use of 47 a City asset? The mixed -use findings for make a 100 residential project, ! 48 don't believe had been found. Specifically,.) don't think the project's 49 design is, compatible with the surrounding area. I don't think it would have 50 a beneficial impact, and to the extent that it eliminates commercial land, 51 it would have a detrimental impact. This site is on highly traveled four -lane • 52 Petaluma Boulevard. The Buckelew project -in Novato is built in a residential area. The site proposed for Boulevard Apartments is too noisy place for a residential project. Moving the buildings back, from the front of the property and dealing with the parking in a different way could have mitigated this. I understand why the parking lot was designed the way it was, but I do not support the design. I don't believe HUD financing should be driving the General Plan or the zoning ordinar ee. When you look at a. project of'this magnitude, you have to find the right site for it. At one point I looked of the - roughly $160;000 a unit of taxpayer money. HUD is corning up with some money, and we're coming.up with some local money, but to me, it's all taxpayer money; and I like to see decent value for a project. Old Elm Village was'about $143,000 a unit, and that included the eight studios that are partly occupied by Buckelew clients now; but also,. that is , a different. style product'. It's a family product, larger Units, not one bedroom or studio units. $160`,000 versus $148,000 is a substantial increase. I had suggested about a year ago that Buckelew, together with COTS and. Burbank Housing, consider purchasing the Casa Grande Hotel. To use that as.a comparison, because a,tthat time, for $1.2 million; which is half the cost, you could get like 23 units - about 150% of the units. It's =not apples to apples, by any means. Modifications would have to be done, but to give idea about proximity to shopping and to the new transit mall, and the.like, (thought it was: a very central location. It's closer in to downtown. For whatever reason - maybe HUD didn't support it, maybe it didn't work for the design alternatives, but I was told in part that the shopping wasn't:close enough to that site. And then I find out that • Aibertson's,, which is across the street from this [the proposed site for Boulevard Apartments]; has got a lease that's up in July. They're not, at this point, renewing, and, I don't know who's going to go in there. They may, or maybe another market will .come in there. But we don't know that, and' if you look at second market bpportunities, it could be a very long walk. A little of the history of the site: North Bay Monument had sold it,' and at one point,a project proponent was coming ,forward for this particular site. I believe it, was mini- storage that was proposed. That applicant was told, "That'.s our police station expansion site." Then somehow we worked our way out to purchase that site, and it sounds like we did it with PCDC funds, and certainly- I understood Burbank was interested, but also the police expansion was "taken into the criteria. When I call and I talk to the police station and people there, and find out they're converting closets for offices so that the officers can have a place to sit, I have a very hard time disrespecting the fact °that the facility needs to. be expanded. Apparently, Dick ,Lieb; when he was still with us, was' looking for ways to expand if at that time.. So it's not new, and how we're going to come up with the funds, I don't know. But it would be terribly short sighted for us to. take a Cityasset:ond dispose of it and prevent the expansion of the police station. People even point out that this,is a, great place for Buckelew to go because it's next to a: police, station, and I always retort, "Well, it didn't seem to do Bar Ale. much good being next door do the fire station!" If you really look at the situation, and they do move in there, and • there's not expansion space, they're going to be compelled to relocate February 2, 2004 Vol. XX, Page 31 1 at 'a very large cost,. If you look at the, land use and trying to put a square 2 peg in ,a round hole, I don't think this particular site works for it. I would 3 welcome thisJype of program in Petaluma. I just think we need to find a 4 better `site for it. 5 6 Council Member °O'Brien: I think that with the neighborhood there is a lot 7 of fear of the unknown, and, that's what's driving a lot of the 8 neighborhood comment. As far as property values 'being reduced, I 9 honestly,don't see it happening, When was sitting on the Planning 1.0 Commission we-approved one project that was low income, and we had 1 1 a "qualified, realtor" get up .and say if we approved the project, every 12 house in there would be worth 50% of market value. After the project was 13 built the house directly behind it was, put on the market and they got into 14 a bidding war, and got more than they were asking. 15 16 1 looked through this binder- I got ,from-the neighborhood group, and I 17 would like to make a very serious comment about_ the petition that was in 18 here. I'm sure a lot of people•.signed it in good faith, Somebody who was 19 circulating the petition went in to one of 'the local merchants, and said, 20 -You need to sign this, because the City's fast tracking this project and 21 everybody on. the City Council is making money off of this deal." Now, we 22 know this project has been around for at least 3 -1/2 years, and I know I'm 23 not making any money off of it, and 1 think I can speak with absolute 24 certainty that nobody else: on this dais. is, either. So I don't believe this 25 petition was circulated in good faith by some of the circulators. Also, I 26 • 27 found people who signed it more than once. 28 That said, I also want to add that 'being retired from law enforcement in 29 Morin, "I had a of contact with Buckelew Programs and their residents. 30 They do run a good- program. Nobody's perfect, but think they do better 31 than most. So, I wob like to acknowledge that. I have problems with the 32 project fhe way it's laid out. I have problems with the parking; I feel it's 33 underrated: I,',m gun shy, :after the project down on Washington, where we 34 found: out there was a tanker. buried in the ground, which ended up 35 delaying things. If we're underrating parking, and .they're asking to build 36 higher- than other things in the area, I don't see where this is superior 37 design. 38 39 The big thing is, I'm looking at expansion of the' police department. They 40 are bursting at the seams at this point. 1.'ve been in that facility. They need 41 to expand. With today's budgetary uncertainty, I don't see locking them 42 in to where they can't go anywhere else. Those are the concerns that 43 have over this, and I do agree with Mr. Healy, the need here is very strong 44 for a project like this, but we don't have to support it here, in this location, 45 or the way 'it''s designed. I think this could probably go back to the 46 drawing board, because I'm not- buying the HUD deadlines that are 47 driving this. I heard that once before when I was sitting on the Planning 48 Commission. It was, "You have to approve this tonight, or this project is 49 going to lose its funding." It took two years for them to get their funding 50 after that night. • 51 I Council Member Torliatt: I' d like to get .a couple of clarifications from staff 2 on two different issues. One is this police station issue, because my • 3 understanding is that this ;piece of property was purchased by thebousing 4 fund, it can only be used for housing unless the City decided to sell the 5 property to the General' Fund and the General Fund would have to come 6 up with the current value dollar amount, which I would think would be 7 well in excess of $1 million at this point. Perhaps the City Manager can 8 address the issue of the police station expansion, and whether or not the 9 City was looking at this site for potential police station expansion in the 10 11 very near future; l don't know where we'd get•the money buy it. 12 City Manager Mike Bierman: Eventually, we will have to do "something with 13 the police station. It is reaching its capacity. We also have dispatch in 14 there. When? 1 can't even begin to tell you when we would have enough 15 money to make, that happen, but the land is there at this,point in time.- I 16 don't know when we could do it, but some time in the future, we will have 17 to expand that. police station. 18 19 Council Member Torliatt: Our existing police station is a one -story facility. 20 There couldbe potential expansion on site, I would think. The second issue 21 is the HUD deadline. What is the HUD deadline for funding on this project? 22 23 Ms. Crecilius: The HUD deadline, established by the San `Francisco office, 24 to start construction, is November 17, 2004. If we don't start construction 25 by November 17, which would mean; having to go ahead right away with 26 preparation of construction drawings, we would have to go to 27 Washington D.C. for an extension. That is a discretionary extension, which • 28 they do not have to grant. 29 30 Council Membe(Torliatt: Does construction include site preparation, 31 including grading and installing pads? 32 33 Ms. Crecilius Yes,'but the way that it's done With HUD is that the 34 .entire permit needs to be approved, the entire - building permit, not just ia 35 grading permit. 36 37 Council Member Torliatt: I read the staff report, read the. information that 38 was provided by the residents. l read the many letters on both sides of this 39 issue,, I visited the..Buckelew'project in Novato this past weekend, and saw 40 what the site; looked like. If there were parking issues, I didn't see any. It 41 was very quiet - It was in - a residential neighborhood, but very near 42 commercial property..l,t looked like any other neighborhood. I think from a 43 land -use standpoint, the integration of a project like this as a housing 44 project on this site is an applicable use. It- currently'is near services that 45 people need: a grocery store, transit, and it's.near enough to walk to 46 other services in the downtown. It "s -an infill.site. I think the density that 47 we, 've been trying to promote in this community of 'infill instead of just 48 sprawl, at 1'9 units per acr,.e, is more than an appropriate density for this. 49 50 1 don't have that much, of the issue with the parking on, the site. The site 51 doesn't need a lot of parking and in the low - income housing projects • 52 we've seen throughout this community,, parking has' been appropriate, February 2, 2004 Vol. XX, Page 33 1 even though we've decreased the actual requirements pursuant to City • 2 standards, I think there were some really compelling people here at the 'I 3 microphone tonight, and really appreciated both sides of the issues. I 4 know that people do have real fears about these projects; and I don't 5 want to discount that, because we're all afraid of the unknown, no matter 6 what it is. Some of the folks spoke tonight about making sure that we're 7 inclusive in the community, we accommodate people that we know are 8 already here, in our community, „that may have been born and raised 9 here, or maybe not. But they live in the community, and have a mental 10 illness; and they deserve -a place to live, just like you and me. I think a lot 1 1 about these projects, and this weekend, I was thinking about this project, 12 and I was in my own home, thinking;' "Ho lucky am I to be here in a 13 home the rain coming down and a Toof over my head and friends and a 14 good place to live! Who am I, to say that somebody else can't live in this 15 community who, needs this type of housing ?" I think that the neighbors, if 16 this project got' approved, I think the 'anger you might have or the fears 17 you might have' would subside if you met some of the people who would 18 live in this facility. I've dealt with people, with this kind of issue, and they're 19 people, just like you or me. 20 21 Mr. Mayor, I would move forward with this application at this time, 22 because I think that we're all going to find, if it moved forward, which it 23 doesn't look like.,it's going to, would benefit the community as a whole, 24 and l think it would benefit the neighborhood. 25 26 Mayor Glass: Our Housing Element, if you go to the General Plan, is one of 27 the elements that are required by law to be certified. On page 77, it says, 28 "The single. goal of this chapter is to achieve an adequate' supply of safe, 29 decent housing for all Petalumans.” Mr. Healy quoted the numbers; one of 30 the medical workers quoted the numbers - 5 -20% of the community of 31 56,000 people - so somewhere "between 2,800 and 11,000 may have a 32 need for this. I could see where we could use 14 u nits= in the community. 33 Continuing to look at the General. Plan, `'Housing Variety: The City is 34 committed to "maintdiriing a range of housing types to meet the.needs of 35 all Petalumans." Page 96 of the General Plan, Program 27: "Provide a 36 referral. service #o link those experiencing discrimination in housing. "' I can't 37 help but think-that there is a discriminatory element about this. It is fear. I 38 recognize, and I understand the fear. I also am aware that some of the 39 people that spoke adamantly against this tonight, will one, day 40 don't know who'they'II be -find mental illness inside their family, and 41 they'll suddenly have the need' -but nobody will be there to answer that 42 need. If the City can't, and the government won't, and the people refuse 43 to; the need will go unfilled. So, is the community safer knowing that the 44 problem exists? Because it does. Or is the community safer trying to have 45 some kind of program, some kind &decent housing for all Petalumans. I 46 would move forward with this, l can see -that it appears we're 47 deadlocked. So it's late, that's enough. Where do we go with it now? 48 49 Vice Mayor Moynihan: I think we need to take a vote, Mr. Mayor. 50 51 City Manager Bierman: It appears to be a deadlock, which means that 52 • you can take the vote, and need to take the vote, but then it fails. 1 3 4 5 6 8 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 5'1 52 CounciVMember Healy: Mr. Rudnansky, can we take all three of the • requested actions all at once? City.Attorney If the votes are going to be the same for all three actions, then you can take `them all'together. [MOTION to Adopt Resolution Adopting a' Mitigated Negative Declaration, Including a Mitigation Monitoring Plan . for the Boulevard Apartments Project; Introduce (First Reading) an� Ordinance Rezoning the Property Located at 945 Petaluma Blvd. North (APN, 006 - 450 -01:8) from the CH= Highway Commercial to the PUD- Planned Unit District;' and Adopt Resolution Approving a Planned Unit Development Plan and Development Standards and 2Associat6d Conditions of Approval for the Boulevard Apartments Project. M%S Healy /Glass.] AYES: Mayor Glass, Torliaft NOES: Harris, Healy,, Moynihan, O'Brien ABSENT: Canevaro . Verbatim transcription continues: Mayor Glass: Motion is defeated 4 -2. Did you vote against your motion, Mr. Healy? Council Member Healy: I did. The reason that I voted against my own • motion is this. As the Council is aware, our rules.allow a Council Member voting in the majority to make a motion for reconsideration at the next meeting, and that's what I intend to do. Mayor Glass: Our next scheduled meeting is February 23. You can expect a motion to reconsider, so itwill.be discussed at the February 23 meeting. . So that's fair notice to the public. Council Member Healy: I'll "make a motion on the 23rd; it'will be voted on at the following meeting. Mayor GIass: February 23, there will be a motion to reconsider; it will go offs into March. Thank you. We're adjourned. ADJOURN The meeting was adjourned at 11:45 p.m. David Glass, Mayor ATTEST: • U February 2, 2004 1 3 4 5 Katie Crump 6 Executive Assistant to the City Manager 7 8 9 10 11 Claire Cooper 12 Deputy City Clerk 13 14 15 16 17 18 19 20 21 APPROVED AS TO FORM: Richard R. Rudnansky City Attorney Vol. XX, Page 35