HomeMy WebLinkAboutAgenda Bill 1.A-Minutes 03/15/2004February 23, 2004 1
March 15, 2004
City of Petaluma, California
I8 5a MEETING OF PETALUMA - COMMUNITY DEVELOPMENT
COMMISSION /.CITY COUNCIL
Draft City PCDC /Council Minutes
Monday, February 23, 2004 - 3;00 P.M.
Regular Meeting
1 CALL TO ORDER
2
3 A. Roll Call - Canevaro' absent.
4 B. Pledge of Allegiance - Led by Vice Mayor Moynihan.
5
6 PUBLIC COMMENT
7
8 None
9
10 COUNCIL COMMENTS
11
12 Council Member Torliatt received a suggestion from a citizen that the fees charged on
13 card gaming tables in the community be increased. She' asked staff to look into that. She
14 also asked, mentioning that this was the fourth time she had made the request, to.
15 agendize a meeting of the School Board, Council, -and the Fair Board to discuss the
16 future of the fairgrounds property. She would like the community to participate and
17 understand the issues around property acquisition.
18
19 Council Member T&liatt continued that she believes the Council should develop a
20 standard pro. cedure for replacing a Council Member instead of defaulting to State law.
21 This should be put in place for the future. Finally, she would like to hear an update on the
22 water - recycling program and treatment plant. Purchase of two parcels of property was
23 completed last week, which 'is exciting progress.
24
25 Council Member„ Healy attended the first meeting in over a year of the Novato Narrows
26 Policy Group. The group has requested that the different jurisdictions weigh in on design
27 aspects for the Novato narrows corridor overcrossings. He suggested that Council refer to
28 SPARC for an opinion..
29
30 Council Member O'Brien concurred with Council Member Healy regarding SPARC. He
31 asked to adjourn the, meeting in memory of Loretta DeCarli Foales. He reminded Council
32 that the January 26,meeting was adjourned in honor of Eleanor Corda and read a thank
33 you note from Mrs. Corda's family.
34
35 Vice Mayor Moynihan agreed that SPARC was great for reviewing bridges; however, he
36 believes Council needs to weigh in on the general design of the narrows project. He.
37 would like the cross -town connector dgendized so the City can get its design to SCTA
38 and CalTrarfs to make sure it is integrated into the plan. He asked if it could be
39 agendized for March 1.
40
Vol. XX, Page 2 February 23, 2004
Council Member Torliatt attended , a meeting regarding the new structured water supply
agreement and reported on the progress of discussions between the contractors and
the water agency. Sh;e also referred to a letter from City Manager Bierman regarding
concerns about Santa Rosa's proposed water conservation, methodology.
Vice Mayor Moynihan announced that the Recreation, Music and Parks Commission
approved a nine -hole disc golf course at Lucchesi Park. The commission also reviewed
their CIP list, and a memo will be coming to Council on this subject.
Mayor Glass `illustrated :the. fact that Council Members make any commitments to the
community by describing his day. He attended a celebration at the railroad: depot, and
noted that`Petaluma will be featured on National Public Radio this week. He reported on
the unusual camaraderie at Mrs. Grossman's Sticker Factory, where "sixty people and
seven dogs'love, to come to work each day. Tours of Mrs. Grossman's are available and
he recommended them. He announced that the Petaluma High School Music Boosters .
are raising funds'to send sixty school, band members to perform in Washington D.C.
CITY MANAGER COMMENTS
City Manager Bierman clarified that the .Cross Town Connector would have to agendized
for the March 15 meeting in order to provide time for materials to be prepared and
distributed.
24 AGENDA'CHANGES AND.DELETIONS (Changes to current agenda only). None,
25
26 PRESENTATIONS -
27
28 Presentation and ,Update by Sheila Walker; Executive Director of Sonoma, County Tourism_
29 Program and Jessica Van "Gardner, Petaluma Visitors Program Executive Director.
30
31 Ms. Walker Land Ms. Van Gardner reviewed their strategic, marketing plans, upcoming
32 events, and the relationship between their programs.
33
34 Dan Evans, General Manager, Sheraton Petaluma, spoke on the impact of the teamwork
35 between the Sonoma County Tourism Program and Petaluma Visitors Program on the
36 success of businesses in Petaluma`..
37
38 1. APPRO.VALrOF MINUTES
39
40 A. Approval of Minutes of City Council Meeting of January 20, 2004.pt /ob 6/0
41
42 MOTION to approve as submitted. M/S Torliatt /O' Brien.
43
44 MOTION CARRIED UNANIMOUSLY.
45
46 B. Approval of Minutes of PCDC /City Council Meeting of January 26, 2004.
47
48 MOTION to approve as, submitted. -,M /S O' Brien /Torliatt_
49
50 MOTION CARRIED UNANIMOUSLY.
51
52 C. Approval of Minutes of Co:uncil,Meeting of February 2, 2004.
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February 23, 2004 Vol. XX, Page 3
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2
MOTION; to approve as submitted. M/S Torliatt /Glass:
_.
3
4
MOTION CARRIED UNANIMOUSLY.
5
6
Mayor Glass thanked Deputy City Clerk Claire Cooper for creating
7
verbatim minutes for the. February .2 meeting, and for "stepping up to the
8
p'late',' during City Clerk Gayle Petersen's medical leave.
9
10 2.
APPROVAL OF PROPOSED AGENDA
11
12
A. Approval' of Proposed Agenda for Council's Regular Meeting of March 1,
13
2004.
14
15
Council, Member Torliatt believes the community should have input on
16
land use decisions, including the location of a new fire station.
17
18
Council Member O'Brien disagreed with Council Member Torliatt on
19
discussing the location of a new firehouse: He preferred that "professionals
20
in that area" study it
21
22
Vice Mayor Moynihan agreed with Council Member Torliatt that a public
23
meeting is a good idea. He uggested expanding the discussion item to
24
include location of a new fire station before discussion of the Southgate
25
project.
26
27
Council; Member Healy suggested' a preliminary discussion of staff's
28
analysis of where a station. needs - to be located to preserve response
29
times.
30
31
Council Member Harris believed the agenda should move forward as it
32
was presented..
33
34
MOTION to adopt the agenda for March 1, 2004 with the enhancement
35
to Property Acquisition item under New Business. M/S Moynihan /Healy.
36
37
Council Member Torliatt asked that the tow rotation item be moved to the
38
afternoon session.
39
40
.. Vice Mayor Moynihan and Council Member Healy agreed and amended.
41
their MOTION and second to reflect that.
42
43
MOTION CARRIED UNANIMOUSLY.
44
45 3.
. CO.NSENTCA_LENDAR
46
47
Vice Mayor Moynihan asked to remove items 3D and 3F for discussion.
48
49
MOTION'-to adopt the balance of the Consent Calendar. M/S Torliatt /O'Brien.
50
51
MOTION CARRIED UNANIMOUSLY.
52
um
Vice Mayor Moynihan noted that he opposed this ordinance at its initial
reading and continued to,'oppose it. Council has not yet reviewed the
enterprise funds or CIP projects. He encouraged Council, to come back
and reconsider appropriations, to avoid employee layoffs when,thez new
fiscal year begins July. 1 He believes Council must be proactive' in
establishing a compensation policy to avoid layoffs.
MOTION to adopt Ordin6nce.2174. N.C.S. M/S O'Brien /Healy.
MOTION CARRIED 5 -1 -1 AS FOLLOWS:
AYES: Mayor Glass, Harris, Healy, O'Brien, Torliatt
NOES: None
ABSENT: Canevaro
RECUSED: Vice Mayor;Moynihan
E. Resolution '2004- .01.4N:C.S ,Certifying the Voter Election Results,f.or a
Property Related,Fee to Fund Parking Maintenance and Security at the
Keller Street Garage. (Marangella)
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42
43
44
45
46
47
48
49
50
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52
Vol. XX, Page 4
February 23, 2004
A. Resolution 2004 -012 N C.S Approving the City of Petaluma to •Appl,
Grant: Funds tot the Per - Capita Grant Program Under the Calif ornid: °Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of
2002. (Carr)
B. ' Resolution 2004 =013 N.C.S Approving the City of Petaluma to Apply for
Grant Funds'for , the'Roberti- Z'Berg- Harris Block "Grant Program, Under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
'Protection Act of 2002. (Carr)
C. Ordinance 2173 N.C.S. (Second Reading),,Amending Chapter 13.24; oUthe
PetalUmd Municipal Code, Entitled "Waterways" to Restrict , Moori'ng or
Anchorage on -Certain Sections of the Petaluma River Waterways, as" well
as Vessel Size %Length Upstream of the Balshaw;Bridge. (Skladzien).
Q. Ordinance '21:74 N.C.S (Second Reading) Amending Ordinance 2155.
N.C.S. to Change Certain Appropriations for Operation of the City of
Petaluma. (Thomas) - Removed for discussion.
Resolut16n'2004 -015 N.C.S Authorizing the Purchase of One Type -1 'Pumper
from Sutphen Corporation in the Amount of $382,446.06. (Thomas) -
Removed for discussion.
Vice MayorMoynihan asked, Finance Director Bill Thomas why the truck
would be ,purchased with 100% vehicle replacement funds to buy this
truck.
Finance Director Bill Thomas explained that thefund was established to
replace vehicles as needed_. Charges to the individual departments will
be made beginning July 1. This purchase,will be coming out of the
'General Fund.
I
February 23, 2004 Vol. XX, Page 5
1 MOTION to adopt' Resolution 2004. -015 N'.C.S. M/S Torliatt /O'Brien.
2
3 MOTION CARRIED UNANIMOUSLY.
4
5 Council Member O'Brien pointed out that buying a vehicle of this type is
6 "not like running down to the local Ford dealer. ".He thanked the Fire
7 Department' for their hard work.getting the City's "best bang for the
8 buck."
9
10 4. UNFINISHED BUSINESS
11
12 A. Ordinance 2172 N.C.S: (Second Reading) Adopting a Precise Plan for
13 Caulfield Lane Between Lakeville Street and Hopper Street. (Moore)
14
15 Vice Mayor Moynihan noted that .he •had a client express an interest in
16 buying a building `in this area, and recu'sed himself from the item.
17
18 Vice Mayor Moynihan left the Council Chambers at this time.
19
20 Council, Member` Torliatt clarified she works for the some broker but will not
21 realize any profit from any sales.
22
23 MOTION to adopt Ordinance 2172 N.C.S: M/S Healy /Torliatt.
24
25 MOTION, CARRIED 5 -1 -1 AS FOLLOWS:
26
27 AYES:; Mayor Glass, Harris, Healy, O'Brien, Torliatt
28 NOES: None
29 ABSENT: Canevaro
30 RECUSED: Vice Mayor Moynihan
31
32 B. Resolution X2004 -01;6 N.C.S Approving a Fireworks Sales and Enforcement
33 _',,Activities and Budget for 2004 Fourth. of July. (Ginn)
34
35 Mike Ginn, Fire Marshal, presentecl' the staff report.
36
37 Council Member Torliatt suggested including -a flyer in water and sewer
38 bills that should ,speak not only to safety, but also to the debris created by
39 fireworks and .ask people to clean up after themselves if they want to
40 continue to have privilege of using fireworks.
41
42 MOTION to adopt Resolution 2004 -016 N.C.S M/S O' Brien /Torliatt. .
43
44 MOTION CARRIED UNANIMOUSLY.
45
46 C. Ordinance. 2175. N.C.S. (Introduction) Incorporating Recommendations
47 Made by the Fireworks Taskforce and Amending Petaluma's Fireworks
48 Ordinance. (Albertson)
49
50 Chris Albertson, Fire Chief, presented the staff report.
51
52
Vol. XX, Page 6
February 23, 2004
1 Public Comment
2
3 Brian Petroe, Petroe Family Fireworks, Petaluma, thanked the,Fire
4 Department for their hard work. He urged approval of the ordinance with
5 a suggested change in' Section 2, Amendment 1 definition of "piccolo
6 pete" type fireworks; to the wording: '':..are one of many state - approved
7 firework items."
8
9 Mayor Glass asked City Attorney Rudnansky for his comments:.
10
11 Mr, -Ginn .explained that this was a broad definition of state- approved
12 fireworks; but thought Mr. Petroe's suggested .change would be o.k. as
13 there are a`number of manufacturers
14
15 City Attorney Rudnansky did not object to the change of wording.
16
17 MOTION to introduce Ordinance 2175 M.C.S. as amended. M/S
18 O'Brien /Harris.
19
20 MOTION- CARRIED UNANIMOUSLY
21
22 5. NEW BUSINESS
23
24 A. Resolution 2004 -01.7 N.C.S Approving Letterot Opposition to Senate Bill
25 744 (Dunn) Which Would Give the California. Department of Housing &
26 Community Development Authority to Overturn Local Land -Use Decisions.
27 (Bierman) developers and affordable housing groups could go to the
28 state and they could overrule cities.
29
30 MOTION to approve Resolution 2004 -01.7' N.C.S , M /S'Harris /Moynihan.
31
32 Council Member Torliatt referred to the first "whereas on the, second
33 page, which deals with prevailing wages`. She suggested it be eliminated.
34
35 Vice Mayor Moynihan preferred the wording unchanged.
36
37 Council. Member ,Harris- thought either wording was acceptable, and
38 amended ;his.'MOTIO,N.
39
40 Vice "Mayor Moynihan amended his second.
41
42 Council Member 'Healy respectfully disagreed and added there is a real
43 problem with other cities in the state not meeting their fair share of
44 affordable housing
45
46 MOTION to approve Resolution 2004 -017 N.C.S as amended. M /S.
47 Harris /Moynihan.
48
49 MOTION CARRIED 5- 1-1..AS'FOLLOWS:
50
51 AYES: Mayor Glass,,'Har6s, Vice. Mayor Moynihan, O'Brien, Torliatt
52 NOES: Healy
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February 23, 2004 Vol. XX, Page 7
1
ABSENT: Canevaro
2
3
B. Ordinance 2176 N.C.S. (Introduction) to Amend Lease for Mangon. Aircraft,
4
a Business Located dt the Petaluma'. ,Municipal Airport, and Resolution
5
2004 -017A N.C.S. Approve ; Assignment of Airport Lease Agreement
6
Between the City of Petaluma and Walter R:. Mangon, Dated September
7
6; 1988, to Mangon Aircraft, Inc'. (Skladzien /close)
8
Mr. Mangon.
9
Mike Glose, Airport.. Man.ager, presented the staff report. Mr. Mangon
10
would relinquish about one -half of his leasehold to the City to build
1 1
additional hangars at the airport. There S a long waiting list for hangars.
12
Tonight's request also included ra resolution approving assignment of his
13
lease from Walter Mangon to Aircraft, Inc.
14
Mr. Glos& replied that Mr. Mangon has some items stored there, and they
15
Council Member Torliatt noted that she spoke with Mr. Glose regarding
16
the difference between an individual and a, corporation holding a lease.
17
She would like to ensure that the City is protected in terms of reliability, be
18
it through insurance or appropriation of assets.
19
acreage. I don't need." He added that he did not see any reason to put
20
Mr. Glose replied that he spoke with Ron Mangon, and Mangon Aircraft
21
does car y
22
was to make it possible to turn it over fo his son and grandchildren.
23
City Attorney, Rudnansky said there is, a 'provision of the lease that speaks
24
to liability coverage.
25
Mangon "go through hoops and hurdles." She believes Mangon Aircraft is
26
Vice Mgyor suggested'd, lease guarantee
27
28
Council Member Torliatt had no problem with the terms of the agreement,
29
but' wanted to make sure the Citywas protected.
30
31
City Attorney Rudnansky suggested inclusion of language that assignment
32
of the lease would only be acceptable with a personal guarantee from
33
Mr. Mangon.
34
35
Vice Mayor Moynihan mentioned that the photograph in Council's
36
-packet showed materials on the surrendered premises. He asked if these
37
would be removed.
38
39
Mr. Glos& replied that Mr. Mangon has some items stored there, and they
40
will have to be removed.
41
42
Walter Mangon, Petaluma, described his business at the airport. He
43
described tonight's item as a "paperwork transaction to return to City the
44
acreage. I don't need." He added that he did not see any reason to put
45
up more funds or " jump .through hoops and hurdles." He asked why the
46
insurance should be changed. 'His reason for incorporating the business
47
was to make it possible to turn it over fo his son and grandchildren.
48
49
Council Member Torliatt replied that the .objective is not to make Mr.
50
Mangon "go through hoops and hurdles." She believes Mangon Aircraft is
51
a great asset to the community. It is always prudent to ask the City
52
Attorney to address the City's potential liability.
Vol. XX, Page 8 February 23, 2004
1
®.
2
Vice M,a.yor Moynihan noted Mangon's good track record in Petaluma.
3
He: suggested adding language to say that if'there were, o .default on the
4
part of the corporation, the individuals currently responsible- would take
5
responsibility,
6
7
Mr. , Mangon agreed.
8
9
Mayor Glass clarified that Council Member Torliatt's concern was the
10
fiduciary responsibility of City - the "'whoa ifs.'`
11
12
.
City Attorney Rudnansky reiterated that the�lan,guage of the resolution
13
would be amended to state that 'the ordinance would not become
14
effective, until a personal, lease guarantee that is accepfablez to the City
15
has been received.
16
17
MOTION to introduce Ordinance 2176 N.C.S: and adopt Resolution 2004=
18
017A N -.C.S. M/S Torliatt /H;ealy.
19
20
MOTION CARRIED UNANIMOUSLY.
,.
21
22
C. Resolution 2004 =018 N.C'.S`. Approving a ,Second ,Antique Faire Annually in
23
the Downtown Central Business Distriict. fMarangella)
24
25
Paul Marangella, Economic Development and Re_ development Director,
26
noted that the Petaluma 'Downtown Association (PDA) had ;asked °for a
27
second faire. Council asked that a survey of downtown merchants be
28
made. A large majority was in favor of a second faire.
29
30
MOTION to adopt Resolution.2004 -018 N.C.S. M/S Moynihan /Torliaft`.
31
32
MOTION CARRIED UNANIMOUSLY.
33
34
D. Discussion Regarding Pre - Qualification of Bidders for Public Works' Projects.
35
(Bierman)
36
37
Mike Ban, Interim Water Resources and Services Director, explained the
38
purpose of pre - qualification of bidders for Public Works Projects. State law
39
allows cities to do this. He recommended that the City investigate this
40
more, talk to cities that have done. this, and decider if if is worthwhile.
41
42
Council Member' Harri's asked, 'regarding the _scoring/rating system, if it
43
wouldn "t still be the lowest bidder who got the contract.
44
45
Mr.. Ban explained that contractors would have to meet a` minimum score.
46
The lowest .bidder among those qualifying would receive the contract:.
47
Prequa,lification 'could be done for each project or a general
48
prequalification could be given to a contractor for a certain length of
49
time. He recommended one year.
50
51
City Manager Bierman `has worked in cities where this has been done. For.+
52
major projects, a single- project qualification was the policy. General
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February 23, 2004 Vol. XX, Page 9
1
qualifications should not last more than a year, so that new businesses
2
aren't precluded.
3
4
Vice Mayor.Moynihan asked about prevailing wages.
5
6
Mr. Ban replied that state law mandates prevailing wages.
7
8
City Manager Bierman explained that a lot of the questions regarding a
9
contractor's history that are in the contract documents would be
10
11
asked in the pre- qualification process.
12
Vice Mayor Moynihan asked how, by creating a new bureaucratic
13
process, the City was helping itself. He saw this as "Labor without a project
14
to charge it off against."
15
16
City Manager Bierman noted that there could be companies that won't
17
bid because they don't- want to get into the pre - qualification process.
18
Generally, though, .it would instead weed out those that couldn't do the
19
job.
20
21
Council Member Healy explained that the benefit is dealing with the issue
22
before opening bids.
23
24
Council Member Torliatt asked City Attorney Rudnansky about situations
25
where the City must reject the lowest bid.
26
27
City Attorney Rudnansky replied that it is generally .difficult to reject a low
28
bidder. A pfe- qualification process sets up a test ahead of time. It could
29
be limited to larger projects. It would save staff the time of going through
30
numerous bids from contractors that don't qualify.
31
32
PUBLIC COMMENT
33
34
Steve Benjamin, North Bay Building Trades- IBEW #551, Santa Rosa, spoke
35
in favor of a pre - qualification process. He referred to a survey taken of
36
cities that have adopted this process, and said the response was
37
overwhelming positive. He said a typical pre- qualification of a contractor
38
would'be good for one year, and if there were no major changes, a one -
39
page form would re- qualify the contractor for another year.
40
41
Council Member. Torliatt asked if the pre - qualification process was
42
generally required for projects over a certain dollar amount, or for every
43
project.
44
45
Mr: Benjamin replied that a dollar threshold would, be Council's decision.
46
47
Council Member Healy asked Mr. Benjamin if he had a sense from other
48
communities regarding the amount of administrative staff burden resulting
49
from the process.
50
Vol. XX, Page 10 February 23, 2004
Mr. Benjamin pointed out that the City has some pre. - qualification
requirements in place this process would just "raise it'up o notch." The
movement toward pre - qualification really seems to pay off for cities.
Larrick McDowell, North Bay 'Building Trades = IBEW 0551, Santa.Rosa,'said
that in Suisun, a pre- qualification process was adopted about, a year ago
and' has been very . successful., The onus is on the contractor- they fill ouf
the forms. The process works well on biggerjobs, but: can be burdensome
if applied across the board. This is about 'financial responsibility. He
suggested Council get input from. Suisun.,
Vice Mayor Moynihan thought qualification should be updated with, every
project - maybe just one page. `He didn't want to risk not catching a
problem that comes up after the pre- qualification. He didn't want to
discourage small businesses. He didn't want to make it onerous to get and
maintain qualification.
Council Member Healy acknowledged that it's hard to quantify benefits
but thinks it would pay dividends. over the long run. Council could talk
about an appropriate dollar threshold and which, projects must 'be',pre-
qualified for on a project -by- project basis. He saw this as. an opportunity to
work jointly with other agencies in the area. Perhaps the City Manager
could recommend Ahe next steps.
Council Member Torliatt agreed with Council Member Healy. She would
like this to move forward, certainly before bids are received for the sewer
plant. Contractors should be asked at bid opening if there are any
changes: to their pre - qualification sfatus. She did not see this as hurting the
small' businesses. The -paperwork asks for basic information and is not:
.ex onerous. Any responsible contractor will' have that information
and be able to provide it to the City. Perhaps staff could, come back to
Council with some dollar threshold and type of project recommendations.
Council 'Member Harris would like to move forward with the process.
Vice ,Mayor Moynihan cautioned that the general fund expense must be
'evaluated. He was leery of setting something up without a specific project
attached. Risk Management should be involved.
Council Member O'Brien was disappointed, that the item was only
agendized'for discussion. It was on :the tentative agenda in January; and
then disappeared: He would like to see it come back'sooner rather than
later for possible action.
45 Mayor Glass asked 'City Manager Bierman to provide Council with
46 recommendations on the next steps toward: putting this process in place.
47
48
49 Council took a. five- minute recess from 4:55 p.m. to 5 %00 p, m.
50 •
51
•
February 23, 2004 Vol. XX, Page 11
E. Discussion and Direction Regarding Sonoma County Water Agency
2
Budget. (Ban)
3
4
Mike Ban, Interim Water Resources and Services Director, presented an
5
overview of the Sonoma County 'Water Agency's preliminary budget
6
report for the water'transmission system for the next fiscal year.
7
8
Vice Mayor Moynihan asked for an update on the Kastania
9
Tank /Petaluma Aqueduct project.
10
11
Mr. Ban explained that SCWA has not completed the required EIR.
12
13
Vice Mayor Moynihan expressed concern that the time frame on projects
14
seemed to be supping. He asked 'if the City could use this budget process
15
to encourage those projects to move forward on timely basis.
16
17
Council Member Torliatt explained that there was a court decision that
18
required SCWA to provide a supplemental EIR for the Amendment 11 EIR.
19
There are now a 'number of facilities' that' can't move forward until that
20
supplemental EIR is completed.
21
22
Vice Mayor Moynihan specifically wanted to hone in on moving the
23
Petaluma aqueduct projects forward on `a timely basis. He was disturbed
24
to 'hear that because of settlement of an issue "upstream" projects are
25
being held up "downstream."
26
27
City Manager Bierman explained that' SCWA is "working as fast as they-
28
can, but they must make sure' at every s - tep, that they're doing it right." It
29
didn't think there was anything the City could do to make it move faster.
30
31
Vice Mayor Moynihan asked if the City was meeting with SCWA
32
periodically.
33
34
city Manager Bierman replied that Council Member • Torliatt meets
35
monthly with WAC to go over the projects and receive reports.
36
37
Council Member Torliatt noted she has been providing those updates to
38
Council on a monthly basis. She expressed concern with page A -26 line
39
items Emergency Power and Riverfront Park Reclamation. The.contractors
40
were not consulted before SCWA purchased theo Riverfront Park property
41
and she does not think they can charge the. contractors for this. The
42
property is scheduled to be a County park. WAC is starting to take over
43
maintenance responsibilities for this, property.
44
45
Regarding the Emergency Power line item of $16,0000, Council was told
46
during the Amendment 11 negotiations'that the Ely Booster Station was a
47
major emergency that must be fixed or we could lose our water supply.
48
49
SCWA has also been talking about reserves. They currently only have
50
about three months in the O &M fund. They are, supposed to provide the
51
costs for six, nine, and twelve months.
52
Vol. XX, Page 12
February 23, 2004
She thought the City still had some conservation money in the account'
and would like to see it used.
Nine ;potential projects are on hold because of the lawsuit. She thought
would lead to increasing substantially. She is keeping on top of-the
issue. as. much as she can.
Council Healy concurred with Council Member Torliatf`s:
conco(ris� regarding 'the. Riverfront Park potential "slippery slope" if they
are ,frying to get ratepayers for public amenities. that don't directly
benefit the water system. Regarding the Ely "Booster Station, he thought a
large part of the motivation at the `time was the electricity crisis and the
threat of rolling blackouts. The project rnaynot be as time sensitive no
Council Member 'Torliatt'thou_ght.:several panel` upgrades were needed at
the 'Ely B °.00ster Station. She will advocate for ramping up as soon as
possible.
Mayor Glass noted that Council Member Torliatt has served on WAC for a
number of years.
NEW BUSINESS - f'ETAI UN1A COMMUNITY DEVELOPMENT COMMISSION
A. PCDC Resolution 2004 -02 Authorizing ;the 'Purchase of Historic Stre.etlighf
Fixtures for Water Street/ Riverwalk Improvements Project 9M and for
Downtown Improvements Project 9053, Streetlights for Western. Avenue
from Kentucky Street to Howard Street. (Marangella)
Paul.Marangella, Director of Economic Development and Redevelopment,
presented the staff report. Heexplai'ned th hit a very old
2300= volt.line, which would be very expensive to fix. He proposed installing
lights all the way up Western Avenue to Howard Street, . which would .
eliminate the 2300 =volt line. He would' like authorization now to purchase
lights for both projects, because they have a long lead -dime, and
because there would be a quantity dis"count•of:$200 per light.
Commissioner . Healy thanked Mr. Marangell`a :and made a MOTION to
adopt the Resolution.
Commissioner Torliatt seconded the MOTION.
'Vice Chair Moynihan asked about the chicken and' egg medallion on the
poles,
Mr. Marangella explained that it was the design approved by SPARC.
Vice 'Chair Moynihan asked if it was possible to find a standard pole,
acceptable to SPARC, which would cost less. He was not comfortable
with the idea of paying $300 more; per pole, for a chicken and, egg logo..
He asked if this would be standard throughout the City.
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February 23, 2004 Vol. XX, Page 13
Mr. Marangella clarified that the poles would be standard in the historic
downtown. This was an aspect ,that SPAR'C wanted.
MOTION to adopt PCDC .Resolution 2004 -02 M/S Healy /Torliatt.
MOTION CARRIED 5 -1 -1 AS FOLLOWS:,
AYES: Chair Glass, Harris, Healy, Vice Chair Moynihan, Torliatt
NOES: O'Brien
ABSENT: Canevaro
B. PCDC Resolution 2004 -03 Accepting the Completion of the Petaluma
Railroad Depot Renovation Phase.1, Project No. 9040 and Appropriating
Additional Project Funds. (Marangella)
Paul Marangella, Directovof Economic Development and Redevelopment,
presented the staff report. The project has been very successful. He was
also asking for an additional appropriation.
Chair Glass spoke about the celebration on Friday, the pleasure of those
working on the - depot, and how happy the community is to see this
restoration. He thanked SMART.
Commissioner Torliatt suggested a plaque commending those who
worked on the depot renovation.
Vice Chair Moynihan asked if any tenants had been found.
Mr. Marangella answered that they have not pursued tenants as they are
still working on uses for the building..
Chair Glass believed the investment would come back to the community
in many ways. This is the revitalization and rebirth of downtown - and
curing dilapidation will trigger development in the area that will recoup
that investment. This project preseryes :the character of the downtown.
Council. Member -Torliatt: thought the point of the project was to "jump
st&t''the revitalization'of downtown.
Vice Mayor Moynihan would like to ;see the lease. He suggested installing
the Visitors. Program and Downtown Association in the depot buildings. He
would .like to see a return on the investment.
MOTION to adopt PCDC Resolution, 2004 -03 M/S Torliatt /Healy.
.MOTION CARRIED UNANIMOUSLY.
ADJOURN TO: :CITY COUNCIL CLOSED SESSION
PUBLIC COMMENT- none
ADJOURN TO CLOSED "SESSION - 5`40 p.m.
Vol. XX, Page 14 February 23, 2004
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2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION':_ significant exposure. to
3 Litigation Pursuant. to Govt, Code §54956.9(b). (J matter)
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6 MONDAY, FEBRUARY 23; 2004 - EVENING SESSION
7 7:00 P.M.
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9 CALL TO ORDER
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11 A. Roll Call!,- Canevaro absent.,,
12 B. Pledge of Allegiance Led by Couneil Member Harris.
13 C. Moment of Silence
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15 PUBLIC COMMENT
Theresa Haire, Petaluma, Petaluma High School..Music. Boosters, spoke regarding their
fundraising efforts to. send 90 members of the marching ,band to, Washington, D.C. to
honor World War II veterans. They are asking for donations in honor of local veterans or
veterans who: are family members of Petaluma citizens. The band members will, wear
badges with -the veterans' names. Anyone ,interested in donating is asked to call the
Petaluma High School Music Department.
Kip Spragens, Petaluma,, expressed concern that funds collected by the City for
affordable housing are actually used for affordable housing. The parcel next door to the
Police Station was purchased with affordable housing funds.. If the City intends to use the
parcel, to; expand the Police Station, 'it must repay the affordable housing fund
immediately:, or be taken before the Grand Jury. Also, Vice Mayor Moynihan suggested
the Casa Grande Motel as an - alternate site for the Roule.vard Apartments project.. Mr:
Spragens though this unethical as Council. Member Moynihan owns and manages Nexus
Realty.
Vice, Mayor Moynihan replied that he is a commercial real estate broker, but has not
earned commissions in situations where there would have been a conflict of interest
while he has been a Council Member.
Tom Siragusa,, Petaluma, Petaluma United _Soccer Program, invited' Council and. the -
community to attend the California Youth Soccer Association.. (CYSA) State Cup
Championship Games this coming weekend., February 26 -27.
Leah. Davis, Petaluma, reported that her 15- year -old son, who is of ,mixed racial heritage,
was knocked to the ground and kicked, and racial slurs yelled at him. Two and one -half
years ago 'Vice Mayor Moynihan, spearheaded an effort for Petaluma to become a
"Hate 'Free Community. This Was supposed. to' take one year. Petaluma has still not
completed the process. Intolerance, hate, and hate - motivated behavior are here in
Petaluma iand are: growing. The community needs to discuss, acknowledge,. and 'find
solutions. She suggested setting up a Civil Rights Commission on Hate Crimes.
John FitzG'erald,, Petalump, River Festival Association, ,spoke regarding the Alma, which
Will, arrive April 23 and •will be greeted' with a cannon salute. He thanked everyone who
supported the River Festival.
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Guy Gullion, Petaluma spoke about what happened when the, Council met two weeks
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ago regarding the Boulevard Apartments project. He asked if there was some forum for
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revisiting that project to see What would make tthat site acceptable, or if not, clearly
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explain' exactly why jhdt site was not acceptable. He said large developments, which
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bring increased vehicular traffic, pose a much larger danger than the Boulevard
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Apartments project would.
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COUNCIL COMMENTS
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Council Member Healy made "a MOTION to reconsider the following item, from the
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February 2, Council Meeting_ :
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Boulevard Apartments (Buckelew Programs) Request. Mitigated Negative Declaration;
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Rezone to PUD; Adopt. ?ropy sed 'Unit Development Plan;, Adopt,Proposed Development
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Standards 'for PUD. (Gaebler)
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Mayor Glass seconded the MOTION.
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This motion will be voted upon at the March 1, 2004 meeting:
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Council Member O'Brien remarked that at Council's last meeting there was a good
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turnout from the aquatics community, which was asking for early opening of pool. With
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some "pencil sharpening" the City will be able to do this. Council had suggested to the
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community that they seek donations to help defray the cost. He made some telephone
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calls to contacts in the business community, and didn't receive a single "no" when
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asking for contributions.. Dutra Materials,: he continued, donated $5,000 to the cause.
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Mayor Glass read a lefter from David John Anderson, a Petaluma physician, who
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donated to the City the:refund hegot from the State:for his vehicle license fee.
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Vice Mayor Moynihan, in response to Leah Davis's comments during Public Comment,
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explained that Petaluma has initiated a Hate Free Community Program. That group
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could use more support and could use .more businesses to sign on. He will provide
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information to the City Clerk so anyone who wishes to get involved can do so.
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Council Member Torliatt`"has'sent her check in to help the Petaluma High School band
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and encouraged others to do the same or for:the swim center or other groups that could
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use help. She attended a meeting at the Casa Grande High School hatchery about
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issues the community is facing along Adobe Creek. The meeting was a great first step
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forward from a neighborhood standpoint toward cleaning up that creek. She also
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attended and "read proclamation to Cody Jayne, who received his,Eagle Scout award.
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She was amazed at what he had' accomplished, and congratulated him on his
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achievements.
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CITY MANAGER COMMENTS - None.
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PRESENTATION
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Presentation to William Thomas, Finance Director; the Distinguished Budget Presentation
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Award from the Government Finance Officers Association (GFOA).
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Vol. XX, Page 16 February 23, 2004
UNFINISHED BUSINESS
A. Resolution 2004 -019 N.C.S. Appointing Clark; Thompson to Fill 'the
Temporary City'C.ouncil Member Vacancy Created' by Council Member
Keith Canevaro. (Petersen)
Clark Thompson explained that ' two months ago, Council 'Member
Canevaro came _to hire and told him he might be called up and asked,
him if he would sit in for him, He agreed. It would be his way to support Mr.
"Canevaro.
Mary Shearer said she has been involved with Petaluma for many years.
While= a member of the Petaluma Unified School Board she dealt with
budgets, ' programs, procedures, and personnel "policies. She 'is also a
former Planning Commission member, with 'experience with' growth
management'issues. Twelve years ago she moved to West Sacramento to
pursue career in economic- development, 'affordable housing, and' block
grant programs. She told Council she was here to provide an alternative
for,the Council, and without any particular bias.,
Janice Cdder- Thompson stated tonight's process will be very interesting.
The newspaper said that the majority of Council wanted to support Mr.
Thompson. She was the first runner -up in the election, and thinks
appointed the next in Line would, be appropriate.
She has been very active in th:e last year while off the Council, especially
with the Petaluma Wetlands Park. She is up to date on what wii be
coming before Council. She feels diversity is trussing from the Council; and
appointment' of another Woman would, .make for a more balanced
Council that represents the community,,. She concluded that the biggest
issue facing the City and the State is the budget.
PUBLIC COMMENT
Gayle Phillips, Petaluma, appreciates the time and energy puts in.
She-advise.d Council to leave the slot Vacant. There would''be times when
Council would deadlock, but that might encourage negotiation.
Steven Kirk Petaluma, thanked Council 1for providing .an open process for
the selection. The process is not well` defined by policy or precedence.
'Council should either leave the seat open until Council Member
Canevaro. returns nor appoint the runner up Janice Cader- Thompson,
because of the :closeness of the vote and her previous, valuable
experience.
Dave Libchitz,, ;Petaluma, encouraged Council to either appoint Ms.
Cader- Thompson or leave the seat vacant..
Vice Mayor Moynihan thought the City very fortunate, to have three
qualified candidates. Council's olligation is not to honor.Council Member
Canevaro's request but to decide what will best serve the community.
February 23, 2 Vol. XX, Page 17
COUNCIL QUESTIONS
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Council Member Torliatt explained that some significant land use
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decisions would come before Council in the next 6 -9 months. She asked
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the applicants to .give their views on: ('1) potential expansion of the UGB;
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and, (2) the Factory Outlet Expansion and the Southgate Development.
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Janice Cader - Thompson believed that if the City were to approve
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additional 'development upstream of the flood control project, it would
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result in flooding downtown. Council must require many mitigations if they
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are. to approve the Factory Outlet Expansion.
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Regarding the Southgate Development, she did not believe there should
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be a nexus between approval of a project on the east side of Petaluma
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with a new fire station on the westside.
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Ms. Cadet - Thompson questioned the wisdom of building new roads, when
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"we can't maintain the ones we have."
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She thought things were moving along well in the downtown
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redevelopment area.
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Council Member Torliatt asked Ms. Coder- Thompson if she supported
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development in the pofential expansion of the UGB.
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Ms, Cader-Thompson would not support opening up the UGB, as 78% of
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the voters supported the .UGB.
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Mary Shearer noted that regarding factory outlet, she believed the
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developer was led to believe there was potential to expand. There are
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ways to mitigate increased flood risks, but she would not'like to risk the
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businesses and homes downstream of the outlets. She stated that
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development should meet the needs of the City.
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Regarding the UGB, the question. she would ask is, "Does the City have
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enough land available within the UGB to meet the needs for housing,
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etc. ?" If the answer is yes, there 'is' no need to expand the UGB. If the
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answer is no-expansion needs,to'be considered. It wouldn't be fair to say,
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"Santa Rosa can take all the growth.'"
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She likes the development, that's being pursued downtown, with
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increasing residential density; so that it's not "piecemeal around town."
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Clark Thompson stated that regarding the factory outlet expansion, he
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would not vote for any project that would increase the flooding problems
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in the Petaluma.
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Southgate is a project that unfortunately, he said, was "designed by the
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neighbors and not by the community."
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He would not like to see the UGB breached. It did not think it would be
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possible to accommodate any new developments involving expanding
Vol. XX, Page 18 February 23, 2004
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the boundary in the next 3 -5 years, 'because "water would be a big issue
in Petaluma very soon. "
Council,Mernber'Harris hdd.six reasons for supported Mr. Thompson - If
Council Member .Conevaro's wish; Mr. Thompson ,has "no ax to grind";
there would be no down time waiting for Mr. Thompson to be brought up
to speed on current issues; his views are similar to those of Council
Member Canevaro he has no further political aspirations; and he wants
to .encourage new retail opportunities in the City.
Council Member Torliatt noted that Council 'Member Canevaro, in his
correspondence to Council; suggested that either Mr.. Thompson be
appointed or the seat be left vacant, thus giving Council the option to
honor his 'request in two different ways. She would like to leave, the seat
open. She didn't want to create any animosity on Council by appointing
one person and 'not another person.
Mayor Glass would like to leave the seat vacant. Appointing a
replacement would be appointing an arbiter for times when Council
would otherwise be deadlocked.
If Mr. Thompson were appointed, Council ,would be appoin'ting'someone
who was voted out of office to decide only the most controversial items..
Conversely, at a three -three deadlock, he thought the Council would start
working together. He appreciated the time and energy and qualifications
of, the applicants, but thinks they need to be authorized by the voters.
Ballots. were distributed and completed Deputy City Clerk Claire
'Cooper read fhe ballots and City Attorney Rich Rudnansky ta llied
them, as° follows:
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�CantlicJate ,.. .,r.
Cader4homoson,.Janice
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Ipss,_Harns,
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,,� „ Heal „
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.. ,Mo nihan,�
�OBnen.Torlidtt,:
Shearer, Mary
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Thompson, Clark. _
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NONE,.(Leave vacant)
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Resolution 2004 -019 N.C.S. Appointing, Clark Thompson to Fill' the
Temporary City Council Member Vacancy Created by Council Member
Keith Canevaro..
Council .Member Healy thanked Ms. 'Shearer and. Ms. Coder- Thompson
and hoped that they would continue to be involved in City government.
He thought it important to honor Council Member Canevaro's wishes. He
was against leaving the seat vacant as he thought it would hamper
Council's ability to move forward.
Mrs. Thompson will be sworn in at the March 1, 2004 meeting.
Council took a ,five - minute recess from 8:25 p.- m. to 8:30 p. m..
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February 23, 2004 Vol. XX, Page 19
1 B. Resolution 2004 -020, N.C.S'. Approving. the 2004 City Investment Policy.
2 '(Thomas)
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4 William. Thomas, Finance: Director presented the staff'report. This resolution
5 would :allow him, as'' the City .Treasurer, to invest money on the City's
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8 MOTION. to adopt Resolution 2004 -020 N.C.S. M/S Torliatt /O'Brien.
9 MOTION, CARRIED'UNANIMOUSLY.
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11 8. NEW BUSINESS
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13 A. Discussion and Direction Regarding Establishment of Administrative
14 Fees /P'ublic Art Fee. (Thomas /Moore)
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16 City Manager Michael Bierman announced that he was going home; the
17 Finance Director would sit in his place. He recommended a 1 % Art Fee.
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19 Mike Moore, Community Development Director;, presented the staff
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22 Vice Mayor Moynihan asked if a nexus must be found between the
23 impact of the developments "and -the, mitigations being required was
24 necessary in establishing an art °fee.
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26 Mr. Moore did not believe`it met the criteria for an impact fee.
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28 PUBLIC COMMENT
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30 Alison Marks, Petaluma Arts Council, Petaluma, saw this as an,
31 "opportunity for the Council and -the, cormnunity to come together and
32 do: something wonderful." .She. showed slides of public art in other
33 communities. She encouraged Council to direct staff to come back with
34 something they can take action on..
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36 Debra Lehane, Glen Ellen, San Francisco Arts Commission, said Petaluma
37 is experiencing a renaissance, and public art should be part of it. It should
38 not ,be done as an afterthought. Ten years ago, there were only ten
39 'public,,arts program in country. Nowthere are about 400. She
40 encouraged artist /drehitect collaborations. Artists can do a lot in
41 encouraging' dialogue, and helping the community to have a voice. She
42 encouraged Council to.consider'th:e request before them.
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44 Council.Member Torliatt asked how public - artiwas chosen.
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46 Ms. Lehane replied that a percentage of the fee is administrative, and
47 can be.used to hire a consultant who helps organize materials and begin
48 selection process, works with the community, architect and panel toward
49 a recommendation that comes back to Council. The number of people
50 on a panel varies.
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Vol. XX Page 20 February 23, 2004
Barbara Lynch, Santa Rosa Cultural Arts Council of Sonoma County, read
-a letter from the Arts Council in support of public art.
C`omie Madden, Petaiuma, that public art is an investment for the
community. She described public art in her hometown of Chicago. A PBS
program regarding public art concluded that it is a necessary tool to
draw visitors and new homeowners and businesses: Will'find Petaluma a
more attractive option
Marjorie.:Helm, Petaluma, Petaluma Arts Council Board of Direc #ors, 'and
small business owner, read a.lefter from the. Board encouraging the
adoption of a public art program, with a percentage of development
impact fees used for public art.
Diane Qgelberg, "Petalum a,;s_aid she is not an artist -just a resident and
taxpayer- and wanted `to reinforce whaf she ha_ d heard others say
tonight: public art is a great idea.
Murray Rockowitz, Petaluma, , photography studio owner, stated that
public art makes good business sense. He encouraged Council to move
forward with an arts program.
'aren'P,etersen, Petaluma Arts'C,ouncil, and librarian at Santa Rosa Junior -
College, urged Council to adopt a Public Art Program.
Linda Postenri'eder, Petaluma; .Petaluma Arts Association and Pelican.Art
Galley, thanked Council and the Petaluma Arts Council for their
leadership in this role. As Petaluma approaches its sesquicentennial, "we
need to look 'at who we were; 'who we are, and who we want to be.
Scoff Hess,, Petaluma; Petaluma Arts Council, photographer, said public
art soothes the mind and thesenses, He thought the public and City, Hall'
had arrived at the same page at'the some time.
George Wilson, Petaluma Arts Council, .felt good about the, general tone
and the fecepfive attifude'of the Council`. He invited them remember
when the Waldo Tunnel got its "rainbow" and what a unifying effect'it
had on the community during the, ''couriter- culture" times. Any
community that expresses itself through public art is talking aboutthaying
soul and invites people who will come andapehd money and learn to;
love it as well.
Richard Standard, Petaluma,'Petalunia Arts Association, said creating a
funding rnechonism'for public art is. a'Way to educate children about the
importance of art, and how it can be made possible by economic
growth.
Charlie Carson, Petaluma, Homebuilders Association, has lived in
Petaluma more than 25 years and feels that art can "'reflect.the_ heart and
soul: of the community. He questioned whether an arts fee would be
appropriate for residential development: He urged discussion of :a �.
voluntary public art program before instituting a' mandatory program.
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Vol. XX, Page 21
Karen Gutfreund Ford, Petaluma Petaluma Arts Council, has been
fortunate to live in culturally great cities. She would like Petaluma to have
the beautiful public arts. Public art attracts more tourists who spend more
money_
COUNCIL COMMENT
Council Member Torliatt said she has been pushing to get it this item on
'the agenda, because there has been so much public support for it. She
sees this as, a great opportunity for th - e City to move forward now while
there are a lot of development proposals coming forward. The Riverwalk
project has huge potential for public, art, as do redevelopment projects in
existing shopping centers. She mentioned a friend's idea of a bench with
a life -size, seated statue of Bill Soberanes. She would like Council to direct
staff to Out together an ordinance to move forward on this.
Council Member O'Brien was enthusiastic and would like more input from
staff. He stressed the need to "cross the is and doff the i's."
Vice Mayor Moynihan would like to look at funding alternatives for public
art.
Council Member Healy commented on the amount of positive energy in
the room tonight. Public art is on area where Petaluma is behind the
curve. There are some details that need to be worked out. He suggested
that staff should determine the °decision points, e.g., how the fees would
be calculated, would they .apply to residential and commercial properties
or only commercial, what the make up and purview of an ad hoc
committee would be, how the art would be chosen, could there be
temporary or revolving installations, and return to Council with that
information
Council Harris explained that although he is not an artistic
person, he understands the value of art. He saw a few issues that needed
to be dealt with and thought an ad hoc committee was an excellent
idea.
Mayor Glass noted that over 400 communities have adopted some kind
of public art program, and he believes it would be a way to maintain the
character and quality of the community while "intensifying" the
downtown area. He did not think I % was too much to pay.
- Council Member Torliatt concluded that the Arts Council had provided
some. guidelines for staff. She thinks this will be a great program and good
for the community. She thanked everyone in the audience who had
stayed for 2-1/2 hours to hear this item discussed.
ADJOURN
The meeting was adjourned at; 9:39 p.m.
Vol. XX, Page 22 February 23, 2004
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4 David Glass, Mayor
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7 ATTEST:
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12 Claire Cooper, Deputy City Clerk
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