HomeMy WebLinkAboutAgenda Bill 1.B-Minutes 06/07/2004I
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4 May 17, 2004 Vol. XX, Page 1 .
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a City OPetaluiaa, California
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MEETING OF THE PETALU'MA COMMUNITY DEVELOPMENT
COMMISSION AND THE•PETALUMA CITY COUNCIL
DRAFT' PCDC /City�Council Minutes
Monday; May 17, 2004— °3:00 P.M.
Regular Meeting
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CALL TO ORDER
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A. Roll Call
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Present: Glass, Harris, Healy, Moynihan, O'Brien, Thompson, Torliatt
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Absent: None
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B. Pledge of Allegiance
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PUBLIC_ COMMENT
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Geoff Cartwright, Petaluma, addressed the City Council regarding improvements on
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Highway 101, the Kenilworth Interchange, and the Lakeville /Hwy. 101 exchange.
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Jessica VannGordner, Petaluma, addressed the City Council regarding the new website
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for the Petaluma Visitors' Program which is www.uisitpetaluma.com.
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Jim Landa, Empire Waste Management, addressed the City Council and reported they
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had applied for and received funding for charitable organizations and are presenting to
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the Council a $5,000 check'to be used for the'McN'ear Peninsula Park.
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Janice Cader- Thompson, Petaluma, addressed the City Council 'regarding the
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reconstruction of Industrial Drive. She ,questioned why the surrounding streets were also
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resurfaced and asked ,is Redevelopment Agency funds were used for this project. She
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also que'stioned if the City is. following the Citizen's Advisory Committee on Streets'
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recommendations. She additionally questioned when Payran would be
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COUNCIL COMMENT
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Council' Member Thompson made a Motion to have Item 83 from the May 3, 2004 City
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Council Agenda regarding Lafferty Ranch reconsidered.
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Vice Mayor Moynihan reported on the recent Spring Clean Up Event and thanked the
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Police Department for'helping him with his personal .trailer that became unhooked.
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Council Member Toriiatt commented. that Payran Street is scheduled for reconstruction in
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2006707. In response to Mr. Cartwright's comments indicated Caltrans and the Regency
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Group 'would 'be working together to do the needed improvements to E. Washington
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Street overpass when the Kenilworth property is improved. She noted coordination for
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improvements to Washington Street to Lakeville should be considered at the some time.
Vol. XX, Page 2 May 17, 2004
1 She further noted staff should have Caltrans take a look at a possible temporary report at
2 the southbound lane /ramp at Highway 101 and Washington Street.
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4 Council Member O'Brien thanked 'Waste Management for their generous donation. He
5 indicated he, too, utilized the Spring Clean Up opportunity and commented on the great
6 job Waste Management staff did in running the event.
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8 Council .M_ ember He reported he had been appointed .to the SMART Board. He also
9 reported on having attended the Legislative Action Days in Sacramento last week. He
10 noted staff is expected to meet with Caltrans next week regarding the Washington
11 St. /Hwy. 101 interchange.
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13 Mayor Glass, in response to the Motion to have the Lafferty Ranch Resolution
14 reconsidered, noted it 'would be placed - on the next regular City Council Meeting
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17 CITY MANAGER COMMENTS
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19 City Manager gierman noted at the May 3, 2004 City Council Meeting, the City Council
20 extended the Empire Waste contract. He commented on having had contact with
21 Sonoma 'County regarding the issue of pulling out of the JPA and suggested there be a.
22 subcommittee of the ;Council to negotiate with the County. He indicated that
23 representatives of the County had suggested Council Member Healy serve on that
24 subcommittee along with one additional Council Member.
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26 In addition, the City Manager noted the Council is in receipt of a letter from Meyers Nave
27 regarding their perceived conflict of interest in dealing with the City's RFP and ultimate
28 selection of a - company for a franchise agreement for waste disposal which additionally
29 suggests the City obtain.independent counsel.
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31 Mayor Glass suggested that Council Members Healy and Torliatt serve on a Council
32 subcommittee to negotiate with the County regarding the JPA.
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34 Vice Mayor ,Moynihan suggested the City wait for a letter from the County before
35 appointing ,the. subcommittee.
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37 City Manager after Council discussion, indicated the Council could wait until 'a
38 letter is received and then place the matter on a Council Agenda for action.
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40 Council Member .Healy indicated it is highly likely the City would receive the letter from
41 the County in a day or two.. He encouraged the Council to appoint a subcommittee to
42 authorize them to talk with the County.
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44 Council Member O'Brien_ indicated he agrees that there is a need to meet and talk with
45 the County and he, too, is interested in serving on the subcommittee.
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47 City Manager Bierman, indicated he will place the matter on the May 24, 2004 Council
48 Meeting A_ genda for action.
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50 Mr. Bierman noted,receipt of a memo from Rick Skladzien, Director.of Public Works and
51 Facilities regarding the STP /CMAQ Cycle 2 Funding .Process Summary. He, added a copy
52 of the memo has been provided to the: Council on the dais.
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May 1.7, 2004 Vol. XX, Page 3
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AGENDA AND DELETIONS
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ass noted that Item 5.0 be discussed first following the Consent
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alend It was also no that Item would be moved to the June 7, 2004 City
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Council Meeting agenda:
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APPROVAL OF'_MINUTES
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1. APPROVAL OF MINUTES- City Council and PCDC
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A. City Council' /PCDC Minutes of'April 19, 2004
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B. City Council Minutes of April 20, 2004
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Council Member Torliatt indicated. she had called the City Clerk with
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minor non- substantive changes,. and with those .would MOVE approval:
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- M /S'Torliatt /O'Brien. CARRIED UNANIMOUSLY.
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2. APPROVAL"OF PROPOSED AGENDA
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Approval, of Proposed Agenda - for Council's Regular Meeting of June 7, 2004.
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City Council discussion ensued regarding the request for reconsideration of the
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Lafferty Ranch resolution from May 3, 2004.
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City Attorney Danleynoted the Council's policy for reconsideration of items.
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The. MOTION to, reconsider the-item was: SECONDED by Council Member O'Brien;
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with Council Members Thompson Glass and Torliatt recommending that the
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reconsideration 'be scheduled for discussion and action on the June 7, 2004 City
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Council agenda in the afternoon.
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Vice Mayor Moynihan requested the Quarterly Treasurer's Report be brought
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forward and that a'Quarterly Litigation R'eport'be scheduled for Closed Session.
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MOTION to adopt the June 7, 2004 Proposed Agenda as amended:
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M/S Moynihan /Glass, CARRIED UNANIMOUSLY.
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3. CONSENT CAL'END'AR
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Council .Member Torliatt asked that Item 3.F be removed from the Consent
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Calendarfor separate discussion.
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Council, Member O'Brien requested Item 3.G be removed from the Consent
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Calendar''br separate discussion.
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MOTION to: approve the balance of the Consent Calendar:
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M/S O'Brien /Healy. CARRIED UNANIMOUSLY.
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A. Resolution 2004 -076 N.C.S. Upholding the Appeal by Delco Builders and
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Developer, Inc., of the Site Plan and Architectural Review Committee's
Vol. XX, Page 4
May 17, 2004
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(SPARC) decision to deny the 46- Unit Single Family and 46 -Unit Townhouse
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Gafti /Stratford Place Subdivision at 710 Sonoma Mountain Parkway,
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Including Direction on. Desired Site .Plan Modifications to the Townhouse
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Portion, Subject to SPARC Review. and Approval. (Moore /Robbe)
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B.
Introduction (:First Read_ ing) of Ordinance 21:82 N.C.S., Revising Ordinance
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21.60 N C.S. Modifying .the Conditions of Approval a Necessary to Allow
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the Plan Approved. by SPARC at their April 22nd Hearing. Gatti /Stratford
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Place Subdivision. (Moore /Robbe)
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C.
, Resolution. 2004 =077 WC:S. Amending. Resolution 2001 -075. N.C.S.
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Authorizing, the Finance Director to ;Execute all Requests for Payment
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under Urban Streams Agreement, P1.3 -024 with the State Department of
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Water Resources for Land Acquisition '(,Grange:) and Restoration of a
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Portion of the Denman Reach of1he Petaluma River. (Tuft)
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D.
Resolution. 2004 -078' N.C.S. Approving -a Change Order with .Argonaut
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Constructors to Add the Upland Improvements for the Denman Reach�
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River Plan ;Improvement Project, Consisting of the Staging Area.and Street
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Frontage improvements. (Tuft)
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E.
Resolution `2004:: -079 N.C.S. Accepting Claims and Bills for March and April
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2004. (Netter)
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F.
Adoption (Second Reading) of Ordinance (a) Authorizing Execution of an
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Option Agreement with Regency Realty ,Group Inc. fora Nonexclusive
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Pedestrian ,and Vehicular Access Easemenf Between East '.Washington
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Street and the Kenilworth. School Site,, (b) Authorizing Execution of an
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Easement Agreement Following Sdtisfaction of Specified Conditions, and
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(c) Authorizing the Negotiation and Execution of a Lease Amendment' to-
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Add the Payran Firehouse Property to the Fairgrounds Lease and' to
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Exclude the Easement Area and Skateboard /Solar Collector Area.
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(Marangella)
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G.
Resolution. Accepting Bids from Henry Curtis Ford, Petaluma, for: #2004 =04
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- Public .Works Vehicles (20); #2004 -05;- Sport Utility Vehicles (4); #200:4 -06
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- Passenger Sedans (2). (Netter)
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ITEMS REMOVED FROM CONSENT:
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F.
Adoption (Second Reading) of Ordinance 2181 N.C.S. (a) Authorizing
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Execution, of an Option .Agreement with Regency Realty Group, Inc. for a
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Nonexclusive Pedestrian and Vehicular Access Easement Between East
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Washington Street and the ,Kenilworth School Site; (b) Authorizing
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Execution of an Easement Agreement Following Satisfaction of Specified
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Conditio and (c) Authorizing the Negotiation anCd ,Execution .of' a. Lease
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Amendment to Add the Payran Firehouse 'Property to the Fairgrounds
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Lease and to Exclude the Easement Area and Skateboard /Solar Collector
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Area. (Marangella)
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May 17, 2004 Vol. XX, Page 5
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Public Input:
Janice ,Cader= Thompson, Petaluma addressed the City Council with
concerns as to what will happen to the ball fields; pool and soccer fields?
She stressed it is important for the community to have those amenities and
indicated her supports for the development as long as there is relocation
of the pool and fields.
Council Member Torliatt commented on the need to provide for
consistent language as it relates - to referring to the Skateboard /Solar
Collector Area. She also noted the need to make sure the Exhibits are
refined and complete.
MOTION to adopt the Ordinance:
M/S Torliatt /O'Brien. CARRIED UNANIMOUSLY.
G. Re'solu'tion '2004 -080 N.C.S. Accepting Bids from Henry Curtis Ford,
Petaluma, for: #2004 704 Public Works Vehicles (20); #2004 -05 — Sport
Utility'Vehicles (4); #2004-06-- Passenger Sedans (2). (Netter)
Council Member O'Brien questioned why the bids were being rejected.
Staff responded they are rejecting the bids because there was only one
bid received.
Council Member O'Brien commented he does not feel there is a need to
reject the bids and to postpone the purchase of the vehicles. He
MOTIONED to accept the bid and. award to Henry Curtis Ford.
M/S O'Brien /Healy. CARRIED BY THE. FOLLOWING VOTE:
AYES: Harris, Healy, Thompson, Moynihan, O'Brien, Torliatt
NOES: Glass
Mayor Glass noted he voted 'no' because he feels the City would benefit
from having more than one bid.
The City Cou.ncil'"fhen moved to New Business Item 'S.CYfor consideration.
5. NEW BUSINESS
C. Resolution 2004 -075 N.C.S. Encouraging the Board of 'Directors of the
Sonoma -Marin Area Rail Transit Authority to Place a Quarter Cent Sales
Tax Measure on the November 2004 Ballot to Support Passenger Rail.
(Healy)
Rick Brown, at the request of Council Member Healy; went over the public
opinion results regarding the SMART Survey. It was noted the questions
asked were very specific and the results were favorable.
`Vice Mayor'Moynihan voiced concern with the impact of this proposal.
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Public Input:
Janice ,Cader= Thompson, Petaluma addressed the City Council with
concerns as to what will happen to the ball fields; pool and soccer fields?
She stressed it is important for the community to have those amenities and
indicated her supports for the development as long as there is relocation
of the pool and fields.
Council Member Torliatt commented on the need to provide for
consistent language as it relates - to referring to the Skateboard /Solar
Collector Area. She also noted the need to make sure the Exhibits are
refined and complete.
MOTION to adopt the Ordinance:
M/S Torliatt /O'Brien. CARRIED UNANIMOUSLY.
G. Re'solu'tion '2004 -080 N.C.S. Accepting Bids from Henry Curtis Ford,
Petaluma, for: #2004 704 Public Works Vehicles (20); #2004 -05 — Sport
Utility'Vehicles (4); #2004-06-- Passenger Sedans (2). (Netter)
Council Member O'Brien questioned why the bids were being rejected.
Staff responded they are rejecting the bids because there was only one
bid received.
Council Member O'Brien commented he does not feel there is a need to
reject the bids and to postpone the purchase of the vehicles. He
MOTIONED to accept the bid and. award to Henry Curtis Ford.
M/S O'Brien /Healy. CARRIED BY THE. FOLLOWING VOTE:
AYES: Harris, Healy, Thompson, Moynihan, O'Brien, Torliatt
NOES: Glass
Mayor Glass noted he voted 'no' because he feels the City would benefit
from having more than one bid.
The City Cou.ncil'"fhen moved to New Business Item 'S.CYfor consideration.
5. NEW BUSINESS
C. Resolution 2004 -075 N.C.S. Encouraging the Board of 'Directors of the
Sonoma -Marin Area Rail Transit Authority to Place a Quarter Cent Sales
Tax Measure on the November 2004 Ballot to Support Passenger Rail.
(Healy)
Rick Brown, at the request of Council Member Healy; went over the public
opinion results regarding the SMART Survey. It was noted the questions
asked were very specific and the results were favorable.
`Vice Mayor'Moynihan voiced concern with the impact of this proposal.
Vol XX, Page 6 May 17, 2004
1 Council Member Torliatt commented on MTC's concept of hot lanes in
2 the Bay Area. She voiced concern that if "hot lanes" were added it may
3 compete with rail.
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5 Mr. Brown noted the highest utilizers of rail are those who drive alone. He
6 added he drives a Prius and is looking forward to being in a "hot lane"
7 himself. He stressed the need for all alternatives, not just one above the
8 other.
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10 Council Member Torliatt commented on the opportunity to bond on the
i 1 revenues from a "hot lone."
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1.3 Council Member Healy commented on the funding potential for the
14 segment to Santa Rosa and made the MOTION'to adopt the resolution.,
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16 Vice Mayor Moynihan, indicated he is not supportive of this resolution until
17 the impacts are known. He indicatedwithout a presentation,and proposal
18 for funding there are substantial subsidy questions. He stated' he is not
19 clear on what w. ould actually be voted upon.
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21 Public Input:
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23 Geoff Cartwright Petaluma, addressed the City Council indicating there
24 are so many interests vying for citizens': money. He noted concerns when
25 a Council Member stacks a survey such as this one.
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27 MOTION previously made by Council Member Healy to adopt the
28 Resolution:
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30 M/S Healy /Torliatt. CARRIED BY THE FOLLOWING VOTE:
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32 AYES:. Harris, Healy, Thompson, Torliatt, O'Brien, Glass
33 NOES: Moynihan
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35 4. PUBLIC HEARING
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37 A. Resolution 2004 -081. A.C.S. Confirming the Annual Report of the Downtown
38 Petaluma Business Improvement District. and Levying . an Annual
39 Assessment for Fiscal Year 2004. (Marangella)
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41 Council Member Healy recuse'd himself as his office is within the
42 boundaries of the district.
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44 Director of Economic Deveiopment and .Redevelopment Paul Marangella
45 gave the staff report and asked for Council's support of levying the
46 assessment.
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48 Council Member' Harris clarified the proposed budget at $72,000 and
49 questioned what the contingency plan would be.
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51 Staff responded and indicated there has been a lot of confusion
52 regarding the BID and they are . making changes to make it 'far less
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May 17, 2004 Vol. XX, Page 7
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With these changes, they are hoping to see an increase in the
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venue
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council Memb er Torliatt� clanfie d the process and was informed that the
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'City .bills' the merchants and the City collects the funds. The BID will be
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responsible for the enforcemenf of nonpayment of accounts. She also
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questioned. what steps have been taken to collect past debt.
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Jeff Mayne,' President, Petaluma Downtown Association, responded the
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BID, doesn'a have the means to enforce and relies heavily on the City to
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assist.
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Mr. Matangelia noted the City has done ,nothing to enforce. But, the PDA
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will be establishing a policy that. would .ensure delinquencies would be
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sent to collection.
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Public Input:
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G off Cartwright, Petaluma,° addressed the City Council and
g ,Heal y had recused himself from
that Council Me'Mber
d this
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d scus o issue and inferred „. Council Members Moynihan and
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Thompson may be conflicts'as well.
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Council Member Thompson indico;ted he does sell insurance to people in
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the BID'area but has concluded he does not have a conflict of interest.
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Vice Mayor Moynihan indicated the impact is a general' dollar amount
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and there is ino direct'impact for him to recuse himself.
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Tom Maunder, . Petaluma, addressed the City Council and spoke in
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opposition to the assessment.” He noted the creation of the assessment
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was done incorrectly. He noted be had polled businesses in the area and
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found more merchants yin favor of defeating the BID. He indicated there is
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a misconception as to whaf.i the B,ID" actually is: He concluded by stating
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the City and Petaluma Downtown Association are doing a lousy job in
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getting information out to the business - owners.
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Hearing no - further requests to speak, Mayor Giass closed the Public
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HeOring:
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Council Member Torliat# indicated she was serving on the Council when
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the BID was put in place and is discouraged with the results.
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Mr, Mayne indicated collections -will be difficult, but they are prepared to
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invest time and effort to collect them. He. "stressed their intent to re-
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-educate the business- owners.
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Council Member Toriiatt commented on the fairness issue relating to those
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people who pay v;e,rsus those who do not pay. She stressed the need for
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the City to get.;the billing, strategy together and indicated she would like
'to
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see a copy of the budget on how the monies have been and would
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be spent.
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Vol. XX, Page 8 May 17,'2004
Council Member Thompson suggested approving the assessment and
bringing the issue back to the Council in one year'for a status report.
Council'Member'Harris indicated he has reservations about getting to 90 %.
collection of the assessment. He agreed, with Council Member
Thompson's suggestion of reviewing this in one year.
Council Member O'Brien commented on funding for improvements in the
downtown and questioned if these q.ntJc_ipqted1 funds would maintain
What we'.re doing now. He voiced. concern with the program 'being in
place for three years and there has not been a plan in place. for
collections. He suggested there be a business plan and procedures put in
place.
Mayor Glass indicated whatever the City does, it needs to work.
Vice Mayor Moynihan indicated he: doesn't 4think if merchants were polled
that they would support this. He noted if this were extended for one :mare
year, he- would like to see.. how Finance would handle the billing and
collections. He indicated with the local -businesses already being
burdened with'fire.inspections fees, etc.—he would like to see feedback
from them when this' is revisited in one year as to if it is helping or hurting
their businesses.
City, Manager Bierman stressed there has been confusion in the past as to
whether this assessment is voluntary or mandatory and he stated very
clearly that this assessment is mandatory and all efforts will be made to
collect.
Council Member Torliatt indicated there. appears to be Council support
for ' extending this one more year, but she: too would stress that the
Finance Department needs to work with the 131D to have a billing and
collection plan. She would like to see a report back on' what was
collected and what monies -were spent on.
Council discussion ensued as to whether a 'report back to the Council
should be made at mid -year budget review, and if was agreed that a
report with. information on how the program is proceeding should be
distributed to the Council ,in six months; with 'd - full report and accounting
of income and expenditures in one year.
MOTION to adopt the Resolution:
M/S Thompson /Torliatt. CARRIED UNANIMOUSLY.
Council Member Healy returned to the Council' Chambers at this time.
5. NEW BUSINESS
A. Discussion and Action Regarding the Adoption of Ordinances Amending
the Redevelopment Plans for "'the Community Development Project Area
and the Central Business District Project Area to Extend the Plan
May 17, 2004 Vol. XX, Page 9
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Effectiveness Date and the Time Limitation on' Receipt of Property Tax
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Increment and Debt Repaymenf by One Year. (Marangella)
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'Introduction First Reading), of Ordinance 2183 N.C.S. Amending
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Comm unif Development Project'Area Redevelopment Plan.
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Introduction (.First Reading) of Ordinance 21.84 N.C.S. Amending
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Central. Business District Project Area Redevelopment Plan.
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Director of Economic Development and Redevelopment Paul Marangella
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gave the staff report and asked for Counc'il`s support of the ordinances.
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MOTION'. to' introduce.the.ordinances:
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M /S'Torliatt /Glass. CARRIED UNANIMOUSLY.
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B: Introduction (_First Reading), of" Ordinance 2185 N.C.S. Amending the
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Petdlurr a pal Code, Title „9,�Anima l Regulations. (Bierman /Tavares)
Munici
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Animal Services Manager Nancee Tavares gave the staff report and
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urged Council's approval of the recommended changes to the
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ordinance. She also noted the additional desire to have mandatory rabies
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vacations for cats included in the °ordinance.
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-Council discussion ensued regarding the prohibition of feeding animals in
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the park and the enforcement of restrained /tethered animals.
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Council Member Torliatt'''commented as the Council's Liaison to the
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Animal: Services Advisory' Committee and indicated she would like the
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issue of 'man'datory vaccination °of cats to come back to the Council
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sooner° rather than later.
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Council Member Healy thanked Ms. Tavares for bringing this clean -up
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legislation forward: He clarified with her the number of feral cat colonies in
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the City and indicated he would support a ' /2 mile radius rather than a 1 A
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"mile radius for the prohibition of =feeding cats near the Petaluma
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Wetlands.
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MOTION to adopt the ordinance with the amendment to include that
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there be a Y2 mile radius of the Petaluma Wetlands prohibiting feeding of
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feral cats.
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•M/S Moynihan /Healy. CARRIED`UNANIMOUSLY.
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u - D. -' Re solution 20 Se "of the City's External
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- AuOhori n the Cit� Nland a
Agre s, and g y 5 D rd ff and Execute a' Formal
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Agreement B Au
Between the Selected dit Firm and the City for Audit
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Services for the Fiscal Year 2003 =` `2004, and the four. (4) Subsequent Years,
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Which End 2007 -2008. (Netter)
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Interim Finance Director. Joe Netter gave the staff report and urged
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support for the proposed resolution.
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Vol. XX, Page 10 May 17, 2004
Mayor Glass indicated his support for the selected auditors, Caporicci •
and Larson, Certified, Public Accountants.
MOTIONJo adopt the resolution:
M/S O'Brien /Torliatt. CARRIED UNANIMOUSLY.
E. Resolution 2004.=083 N.C.S. Encouraging the California Coastal
Conservancy, California Wildlife Conservation Board and the California
Parks and Recreation Department to� the Sonoma County Open
Space District and Board of Supervisors in Acquiring the Tolay Ranch as a
Regional Park for. Sonoma County. (Harris /Moynihan /Thompson)
Vice Mayor Moynihan gave an overview of the proposed resolution.
Council Member Healy indicated; he would rather see this continued for
more information as he feels, there is an effort to move this forward with
little notice to the public. He noted there is no back up for the proposed
resolution and no one from the County is present to provide information.
He would. rather °aee this issue continued for two weeks to get information
and hopefully a unanimous vote of the Council.
Mayor Glass indicated he would be supportive to continue this issue for
two weeks or even have a special meeting to allow Supervisor Kerns the
opportunity to appear before the Council and make a presentation:.
Council Member Torliatt questioned if there is a time constraint, 'funding •
request,, .deadline or urgency to this resolution. The response was 'no.' She
indicated further that she would like the opportunity for a tour' of the area
and see what it is she's voting on. She, would also like to have a more
detailed presentation by Supervisor Kerns. She also questioned if this area
would be a storage facility for sewer or pipeline water in the future.
Mayor Glass indicated he has a, good relationship with Supervisor Kerns.
He noted he would be abstaining from voting on this issue' as he feels the
Council would be missing an opportunity to explore more in- depth
information.
Public Input:
Janice Cader- Thompson, Petaluma, addressed the City Council and
questioned why this was placed on the agenda last minute. She
indicated this is quite a large expenditure and indicated she had heard
the.Cpastal Conservancy was pulling out of the project. She stressed there
is -a need to look at this before: acting..She urged the Council to get more
information before supporting this.
David Libchitz, Petaluma; addressed the City Council indicating this is not
=about Lafferty vs. Tolay. He noted the cost is estimated at $18M for 17-
acres of pasture. He stressed this.should not be ac -t.ed upon until there has
been. appropriate public input. He concluded by stating this is a costly
project and should be dropped.
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May 17, 2004 Vol. XX, Page 11
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Larry Modell Petaluma, addressed the City Council indicating he is an
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advo ` Cate for open space but feels there are some unanswered questions
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ft from one year ago. He indicated this issue should have a public
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meeting for citizens in Petaluma and 'Supervisor Kerns should be
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approached for a presentation to the- public, along with Open Space
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staff and County Parks staff. He urged the Council to not act on this
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resolution tonight.
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Connie Madden, Petaluma, addressed the City Council and indicated
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that most, citizens do not know the Council is considering this today. She
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stressed this issue deserves a public meeting.,She also noted she would like
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to see the Bay Trail added and concluded by stating concerns regarding
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Lafferty. She,urged.the Council to not act on this today.
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Geoff Cartwright, Petaluma, addressed the City Council indicating they
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may have met the legal 'requirements in bringing this issue forward, but
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the public doesn't' know it is being considered. He urged the Council to
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provide for the appropriate public process.
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Bill Kortum,.• Petaluma, addressed the City Council indicating he has 25
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years of experience with Tolay. He indicated this issue should have a more
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public process and attention should be paid as to how the Open Space
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District spends its money. He thanked the majority of the Council who
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voted for the Lafferty resolution.
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Council Member Torliatt indicated since there is no time constraint to this
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issue, she would ask that this be deferred so she can go out to see the
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project area. She asked that action be deferred for two weeks.
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Mayor.Glass indicated he has never been out to Tolay and would also like
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the opportunity to talk with Supervisors. kerns and Smith. He volunteered to
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call a .Special Meeting to accommodate the Supervisors' schedules in
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orderto receive a presentation.
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Council Member Healy indicated he would support that
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recommendation. He would like to get to the goal of unanimous Council
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support for this resolution and would be willing to consider the item if
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agendized in a couple of weeks.
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Vice Mayor Moynihan referenced last week's newspaper article
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regarding open space. He noted there are other competing open space
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projects that could usurp the funds for this project. He suggested Council
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move forward with adoption of this resolution and then to ask Supervisor
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Kerns to make a presentation at a, later date.
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Council Member Torliatt indicated the Council should give Supervisor
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Kerns the opportunity to come to the Council asking for the Council's
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supports: She indicated she has not seen a letter of request from him at
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this.point.
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Council Member Healy indicated he has been on the property a couple
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of times and he is willing to be persuaded to support the resolution. He
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indicated he is concerned about Supervisor Smith's vote and suggested it
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Vol. XX, Page 12 May 17, 2004
may not be ,realistic to achieve $18M for the purchase price. He would like
to see findings and develop a plan for the purchase of the property.
Council Member Healy read from the. Council's Rules and Regulations
regarding abstaining from decisions and indicated the Mayor should vote
either yes or no on the matter.
Mayor Glass indicated, in that case, he would be voting 'no' on the
resolution
Council ,Member Torliatt noted this is not the message she wants to send
to 'fhe Cordoza family.
MOTION to adopt -the resolution:
M/S Moynihan /Thompson. CARRIED BY THE.FOLLOWING VOTE:
AYES: Harris, Moynihan, Thompson, O'Brien
NOES: Healy, Torliatt, Glass
ADJOURN TO: CITY COUNCIL CLOSED SESSION
The City Council adjourned to Closed Session at.5 :45 p.m
PUBLIC COMMENT
There was none.
CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS (Government Code §,5'4957.6)
City Designated Representatives: Mayor David Glass and Council Member Healy
Unrepresented: Employee: City Attorney
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant Exposure to Litigation
(Government Code §54956.9(b)) (1 matter)
• PUBLIC; 'EMPLOYEE PERFORMANCE EVALUATION: pursuant to Govt. Code §54957(e): 'C.ity
Manager
• CONFERENCE WITH LA,BQR NEGOTIATOR: Government Code §54957.6. Agency Negotiator:
Michael 'Bierman /Pamala Robbins. Employee Organization: AFSCME, IAFF Local 1415 and
Unrepresented 'Employees.
• CONFERENCE WITH REAL PROPERTY NEGOTIATOR: (Government Code §54956.8) - Removed
Properties:
Easement Over APN # 007 = 660 -0.32' Adjacent to Petaluma River, Madison Village
Homeowners Association, Property Owner
Easement Over APN #007- 041 -005, Ciover= Stornetfa Farms, Property Owner
• Easement Over APN # 007 - 019 -026 Scalamini /Sproul, Property Owner
City Negotiator: Michael Bierman
.Negotiating Parties: City of Petaluma and Respective. Property Owners
Under Negotiation: Price, Terms, of Payment, or Both
t
May 17, 2004 Vol. XX, Page 13
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MONDAY, MAY 17,2004 EVENING SESSION
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7:00 P.M
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CALL TOE ORDER - "7:08 p.m.
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CALL TO' ORDE R
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A. Roll Call
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Present: Glass, Harris, Healy, Moynihan, O'Brien, Thompson, Torliatt
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Absent: None
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B. Pledge of Allegiance
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C. Moment of Silence
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REPORT OUT OF CLOSED SESSION ACTIONS TAKEN.
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There was nothing to report.
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PUBLIC COMMENT
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Pierre Miremont, Petaluma, addressed the City' Council regarding a. contest to fine the
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finest pothole in town. - He noted the contest will be in mid -June and there will be a
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$300.00 reward for designating the best pothole. He indicated people could get more
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information at www:petalumapothole.com.
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Dan .Kammerer, Petaluma, addressed the City Council in opposition to the recent rate
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increase at the turning basin.. He noted one particular boat that stayed in the turning
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basin for 1 1 /2 years and paid nothing.
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COUNCIL COMMENT
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Council Member - O'Brien commented he had received an email from a taxi company
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doing business in town asking that the City at raising the rates they could charge. He
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asked that staff look into this and see what can be done.
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With regard to the Marina rates, he noted the average Charge per foot per year is $6.00,
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which he feels is not out of line. He did request staff to look into the possibility of giving a
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cost break to anyone who is commercially licensed.
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Vice Mayor Moynihan commented on the upcoming budget hearings and indicated he
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sees this as an opportunity to establish policy. He indicated the, Council is here to serve
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the entire community sand there is a ,need to fairly compensate employees as a part of
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that policy. He commented that compensation costs continue to go up, which this year
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amounts to $2 million. He added this year's budget proposes elimination of monies for
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tourism, and parks and recreation maintenance funds, while looking at only $1 million in
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street maintenance. He encouraged the, Council and citizens to approach this budget
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year cautiously. H e called for n0 compensation increases across the board.
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Council .A ember,Healy reported on having attended the Legislative Action Days LOCAL
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Meeting last week. He commented on the Governor's counter of new legislation for a
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two -year deal ds�'opposed to the League of California Cities Initiative measure, which
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has qualified for the November ballot. He indicated the Governor's proposal would result
Vol. XX, Page 14 May 17, 2004
in cities, redevelopment: agencies and counties taking an additional hit for the next two
years. He concluded by indicating the cities had supported going forward with the
compromise measure, noting that the initiative would remain on the ballot.
Council Member TOrliatt commented on how these are challenging times in local
government and concluded by asking staff to look into the turning basin fee issue.
Mayor Glass explained. the effects of binding arbitration and negotiations with police
and fire on the City's budget. He then commented on the initiative, petition being
circulated in the community regarding general fund' monies being designed for street
maintenance and stressed the negative impact that would have on the City's budget.
He concluded by stating the Council will address the streets when the appropriate
amount of`moneyis available.
Council Member Healy urged members of the community to read the fine print of the
streets initiative being circulated and cautioned the monies are slated to be used for
street maintenance. He noted the majority of streets that are in. critical need of repair are
below the 70% standard and' 'would require to be reconstructed. Those dedicated
monies from the initiative only provide for the maintenance of streets and not
reconstruction.
Vice Mayor Moynihan commented that street maintenance is_ one component and
street reconstruction is another. He added that the City is not taking care of the basic
maintenance of streets, which results in the need for street reconstruction. He stressed the
importance; of having respect for the community and' #hat we should strive to be better.
CITY MANAGER COMMENT
There were none.
PUBLIC HEARING
A. Public Hearing to Hear Testimony . Regarding the Formation of a
Landscape and lighting Assessment District for the Washington Creek
Village Subdivision and the Counting of Ballots. (Anchordoguy)
Resolution 2004 -084 N.C.S. Declaring the ,Results of Balloting Tabulated
in Accordance with Article AID of the California Constitution and
California Government Code Section. 53753, Ordering Improvements
and Confirming the Diagrams and Annual Assessment for the
Washington Creek Village Subdivision Pursuant to the Landscape and
Lighting Act of 1972 for the 2005 =2006 Fiscal Year.
Parks and Recreation Director Jim Carr gave the staff report and
asked for the City Clerk to report on the tabulated ballots.
City Clerk Gayle Petersen,reported that five ballots were returned and
the majority of the votes cast were in favor of the assessment district.
Mayor Glass opened the .Public Hearing and hearing no requests to
speak, the Public Hearing was closed.
MOTION to adopt the Resolution:
A
May 1'.7, 2004 Vol. XX, Page 15
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ANIM
' OUSLY.
MIS Torliatt /O Brien. CARRIED UN'
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`si Possible Action Regarding a
B. Paula Lane Subdivision'. Discus lion and
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Recommendation from the Planning,Cornmission to Deny a Request for
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General Plan Amendment, ,rezoning, Tentative Subdivision Map, and
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Mitigated _Negative Declaration for "a 21 -Unit Residential Subdivision
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Located at 431 Paula Lane, dtj the Corner of Paula Lane and Sunset Drive.
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APN 01.9- 080 -009 & 0.10, Project--Files ANX01002, GPA01002, PR201003,
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SPC01048, TSM0'1003 (Moore /B.orba)
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Vice 'Mayor Moynihan recused himself from this matter as the party
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related to the applicant has been a;.source of income to his firm, Nexus
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Realty'Group and indicated he would be stepping down on this matter.
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Council Member Torliatt reported that she did trade phone calls with the
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developer but`was never'able to. contact hire. So she has not met with the.
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developer, but, she did meet with the neighborhood group.
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Mayor`Glass noted h& had met with the neighborhood and added he did
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have a , lengthy conversation with the applicant.
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Council. Members Harris and Healy indicated they had done the same.
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Council Member Thompson indicated he had spoken briefly with the
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developer.
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Chris 'Hawke and Marti Buxton" Mission Valley Properties, gave an overall
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presentation •of the proposed ,development. They read into the record a
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letter from Alice Vesterfelt,. - property owner, urging the Council to give
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favorable review and approval, to their proposed development.
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Mayor :Glass opened the Public'Hearirig
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Public. Input
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Bill Edwards, Petaluma, addressed the City Council in support of the
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applicant. He read his letter,, dated May 17, 2004 into the record. He
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noted he and his wife own, 245 Paul Lane, six acres contiguous to and on
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the 'Southern line of Alice Vesterfelt's 1 -acre parcel. He indicated they
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purchased the property 30' years 'ago and it is currently•rented to Susan
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Kirks. He urged Council to approve the proposed development.
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Dr. Stephen - Carle, Petaluma addressed the City Council urging the
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Council to oppose the project and 'sfated concerns with groundwater
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that he believes 'is inadequatefor municipal supplies.
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Bill ° Bennett, Petaluma, addressed the City Council in opposition to the
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proposed development citing water drainage issues, traffic concerns, and
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indicating the impact from Rbckpbihfe Ridge is yet to be felt in their
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neighborhood.
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Vol XX, Page 16 May 17,.2004
Norma Billing; Petaluma, addressed the City Council in opposition to the
proposed development, urging the Council to leave this beautiful, pristine •
land alone.
Council took a recess from 8:38 p.m. to 8:45, p.m.
Julian Podbereski' and Susan Kirks; PLAN, `Petaluma, addressed the City
Council and gave a presentation in opposition to the development. They
supported the property owner's' right to sell the property, but cited
concerns with bird habitat, traffic; badger habitat, deer habitat, and
sewage disposal. They commented on the opportunity for .a matching
grants application for open space and .noted that would ,generate
revenue -for, Petaluma. They stressed the need of the owner and
developer to work with the City and County on the best use for this
property.
Sherby Sanborn Consulting Arborist for PLAN, addressed the City Council'
in opposition to the development and reported that the trees, as they
exist on the site at this time; offer a better wildlife habitat as they exist
rather than trying to replace them with °newer trees.
Carrissa p Petaluma, 'addressed the City Council in opposition
othe proposed development and ,stressed Petaluma is cherished for'its
heritage.
Kim Fitts, Mammal Biologist' for. PLAN addressed the City Council in •
opposition to the proposed ,development and provided a report on the.
badger habitat that exists on the property.
Rollin Bruce, Petaluma addressed the City Council indicating he 'is not
opposed to developing the sight at the current AR -2 zoning. 'He further
cited negative impacts regarding the current proposal, which included
additional water runoff and sewer pumping station issues. He added he'is
opposed 'to this development because his property is most affected by
the proposed wafer runoff.
Charles Carle, Petaluma, addressed the City Council in opposition to the
proposed development and urged the Council to• deny the application.
Paige Schwartley, Braudt- Hawley Law Group addressed the City Council
urging them to accept the.�Planning Commission's recommendation to
deny the project. She went on -to, cite the significant environmental
impacts and stressed if the Council did not deny the project, they must
require an EIR.
Art Melling„ Petaluma,- addressed the City Council in opposition to the
proposed development and indicating with the way things are going
people will just build and build until they get, to the ocean.
Betsy GOO, Petdiuma, addressed the City :Council in opposition to the
proposed development and cited concerns. with the effect on habitat.
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May 17, 2004 Vol. XX, Page 17
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Steve Ru bardt, P etaluma, addressed the City Council in opposition to the
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proposed development. He cited negativetraffic conditions on Paul lane,
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water runoff issues, as well as water, pressure, concerns. He concluded by
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stating the zoning change is the best interests of the City.
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,ry
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Ken Miller, Petaluma, addressed the City Council stating his opposition to
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the proposed project and stressed there is no way to quantify the
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importance of the beauty of the area.
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development would be out` -of- character with the surrounding
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Hannah Jern Miller, Petaluma, addressed the City Council in opposition to
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the proposed development citing traffic, noise, sewage, and wildlife as
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concerns. She cautioned the City Council'that if they approve this there
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would be irreparable damage to the spirit of the neighborhood.
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proposed development and noted the number of people who had
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Tom, Pfaff, Petaluma, addressed the City Council noting the urban growth
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boundary should be adhered to. He indicated he lives in the County and
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does not have a say in this vote, but urged the Council to deny the
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project.
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wildlife habitat.
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Dirk Atkinson, Petaluma, addressed the City Council in opposition to the
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propose:d';,d eve] opment.
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concerns with water runoff, water re- charge concerns and in opposition
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Caroline, McCall, Petaluma, addressed the City Council in opposition to
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the proposed development.
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Dru'Vest, Petaluma, addressed the City Council and noted, although not
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Joyce Williams, Petaluma, addressed the City Council in opposition to the
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proposed development, citing quality of life issues.
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Patrick'Sdhafer, Petaluma, addressed the City Council in opposition to the
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proposed development.
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'Katie Otonnor, Petaluma, addressed the City Council in opposition to the
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proposed development :stating annexation, rezoning, density, open
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space, water runoff, and water pressure as concerns. She indicated this
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development would be out` -of- character with the surrounding
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neighborhood and perhaps the open space could be used as an
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educational tool for teaching about habitat and ecology for students.
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Steve Kay, Petaluma, addressed. the City Council in opposition to the
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proposed development and noted the number of people who had
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signed petitions in opposition that °have come to the meeting this evening.
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Melissa Wilson, Petaluma, addressed the City Council in opposition to the
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proposed development and in support of open space and preserving the
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wildlife habitat.
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G "eoft Cartwright, Petaluma, addressed the City Council regarding
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concerns with water runoff, water re- charge concerns and in opposition
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to the proposed development.
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Dru'Vest, Petaluma, addressed the City Council and noted, although not
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a resident of Petaluma, she is 'familiar with Paula Lane. He noted PLAN
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had :done a great job in researching the issues and stated concerns with
Vol. XX, Page 1:8 May 17, 2004 r
traffic on the wesf "side of town. She indicated development here would
only increase the traffic and congestion. She urged denial of the project.
Hearing no .further requests to speak, the Mayor Glass closed the Public
Hearing.
Councit recessed at TO: TS p.m. to 10:20 p.m.
Marti 'Buxton, Developer, attempted to address some of the issues
expressed.
Edie Robbins, Stuber- Stroh, responded to the issues and concerns raised
relating to water and indicated there is adequate flow for fire pressure
and cited a report using the City's water model that says the water
pressure is fine.. She further noted that is enough water supply for the
project and cited the Zone 2 Water System, which.would be used. She
indicated there are no supply .or capacity problems existing.
Al Cornwell, addressed concerns raised regarding the recharge area, '
peak flows — which would be less -than what exists today, and the location
of the sewer pump station which would be similar to the one on S_ unset
Lane:
Meda Bunzie, addressed the. issues stated with the historic resources of the
property. She noted the property has been referred to as an historic rural
landscape, but the integrity has not been maintained.
Marti Buxton, readdressed the County zoning of the property, commented
on feathering, indicated the sight was not, suitable for a park, and
indicated the proposed homes were preliminarily reviewed bySPARC.
Margo Bradish, Attorney, commented on the CEQA issue and indicated a
negative declaration will be prepared. She noted there are is no
substantial evidence that the development impacts would have a
significant 'impact on the area and concluded by stating the disputing
opinions are unsubstantiated lay opinions.
If was noted, lastly, that the Planning Commission recommends denial of
the General Plan Amendment.
Council Member Harris noted he would like more information on the traffic
concerns, badger habitat and would like to know the exact development
fees to be gained by this project.
Council Member':Healy commented he would ,like more clarification on
whether an EIR would be required or not, questioned what the
implications would be- or what would happen if the project were denied,
and requested staff to get a clear answer from the County regarding the
potential of purchase of this site for open space.
Council' Member Thompson indicated he is satisfied with the response
given regarding the water pressure, acknowledged there may be
badgers on the site and indicated the proposed project is too dense.
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May 17, 2004 Vol. XX Page 19
Council Me al Plan Policy discussion needed to
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pace efore she wou d be abler to make a decision regarding the
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proposal.
Council Member O'Brien indicated his questions had been answered
Given the lateness _of the hour, the "City Council indicated no action would
be taken this evening and the item would be continued to their June 21,
2004 Regular City Council Meeting for Council discussion and action.
7. NEW BUSINESS
A. Re- Certifying: Water Recycling Facility and River Access Improvements
Project Environmental Impact Report,, as' Modified by the Water Recycling
Facility and River Access Improvements EIR Addendum; Approving the
Project 'Revisions; and Making Findings' of Fact and Statement of
Overriding Considerations land Adopting a Revised Mitigation Monitoring
Program Therefore. (Ban)
beginning of the Council, Meeting, it was noted that this item has
At the T
been moved, to the -June 7,2004 City Council Meeting Agenda.
ADJOURN
The meeting was,adjourned,at 11 :05 p.m. to the. Special Council Budget Workshop to be
held Tuesday, May 18, 2004 at 6 :00 p.m.
David Glass, Mayor
Attest:
Gayle Petersen, City Clerk