HomeMy WebLinkAboutAgenda Bill 1.A-Minutes 10/18/20041.A
October 18, 2004
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a . City of Petaluma, California
,. REGULAR MEETING OF THE PETALUMA CITY COUNCIL
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DRAFT - City Council Minutes
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Monday, September 20, 2004
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MONDAY, SEPTEMBER 20, 2004 - AFTERNOON SESSION
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3:00 P.M.
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CALL TO ORDER
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A. Roll Call
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Present: Harris, Healy, Moynihan, O'Brien, Thompson, Torliatt and Mayor
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Glass
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B. Pledge of Allegiance
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PUBLIC COMMENT
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Bill Hammerman, Westridge Knolls Neighborhood Network - Reported on his
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neighborhood fire drill and thanked the Petaluma Fire Department for their assistance wit
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the drill and commended their educational outreach efforts.
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Juan Carlos Angulo, Union Carpenters Local (751) - (through an interpreter) Wanted
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assistance with their strike and reported unfair labor practices with lack of concern for
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worker safety by their employer Hardin Drywall Construction (Theater District). He said
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shoddy construction practices are routine and construction code /building standards are
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routinely violated.
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Jose Estrada Mejia, Union Carpenters Local (751) - (through an interpreter) Asked for
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assistance for their strike. He reported labor problems with Hardin Drywall's lack of
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concern for the safety of its employees and the quality of its construction. His wages
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have gone down since the strike and living expenses have increased.
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Shawn Leonard, Field Representative Carpenters Union - Informed Council that workers
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have been on strike against Hardin Drywall for eight weeks. The Washington Creek,
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Ridgeview Homes, and the Theater District projects are all projects that have contracted
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with this company. He said that the company is discriminating against the workers for
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their desire to be in the union. He stated that the company does not meet building code
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standards and wanted City officials to be aware of this company's policies.
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Geoff Cartwright, Petaluma - Talked about building and adding fill in the floodplain.
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Vol. XX, Page 2 September 20, 2004
COUNCIL COMMENT
Vice Mayor Moynihan commented on the new proposal from North Bay Corporation
regarding their garbage franchise proposal. He requested Council approve going back
to the consultant to compare this proposal to the others; and he wanted to distribute this
proposal to the other companies so that they could respond.
Council Member Healy said this would be more appropriate to be addressed with Item
4.A. - the extension of the garbage contract.
Mayor Glass said this should be dealt with in the future agenda approval.
Council Member Torliatt wanted to let people know that Sonoma County will be one of
six California communities participating in a yearlong pilot program. This would be part
of a $2.5 million grant awarded to ABAG called the Local Government Energy
Partnership Program and is a result of Petaluma joining the Climate Protection
Campaign. She wanted the City Manager to address the prevailing wage on the Owner
Participation Agreement in the Theater District Project. She also mentioned the
Marin /Sonoma Narrows Policy Advisory meeting that she attended in the Mayor's
absence. It was noted that two members of Petaluma's SPARC need to be selected to
participate in some of the design process. She mentioned at the October meeting the
decision of what projects remain in the scoping process were going to be selected.
CITY MANAGER COMMENT - None
AGENDA CHANGES AND DELETIONS (Changes to current agenda only).
Council discussed Vice Mayor Moynihan's suggestion to consider the new North Bay
Corporation proposal after review by the Consultant. There was not a majority of
Council support to do this. Council Member Healy suggested following Council Member
Harris' suggestion to put out a memo to address the legal, technical, and timeframe
issues, and, if no problems, agendize in the future. He also wanted to invite County
officials to address the transportation and circulation element of the General Plan.
PRESENTATIONS /PROCLAMATIONS - None.
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES
None submitted.
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Council's Regular Meeting of October
4, 2004.
MOTION to approve the Agenda:
M/S Healy and O'Brien. CARRIED UNANIMOUSLY.
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September 20, 2004
Vol. XX, Page 3
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CONSENT CALENDAR
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Mayor Glass removed item 3.C. and Vice Mayor Moynihan recused himself from
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Item 3.C.
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Council Member Torliatt requested Item 3.D be removed.
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Council Member Healy stated for the record he had a conflict of interest on Item
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3.G because his home is within 500 feet and would not be voting on the matter.
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MOTION to approve the balance of the Consent Calendar:
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M/S O'Brien and Torliatt. CARRIED UNANIMOUSLY.
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A. Resolution 2004 -177 N.C.S Accepting Completion of Weed Abatement
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Contractor. (Ginn)
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B. Resolution 2004 -178 N.C.S. of the City of Petaluma Adopting a Conflict of
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Interest Code for Public Officials and Designated Employees as Required
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by the Political Reform Act and Regulations of the Fair Political Practices
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Commission and Repealing Resolution 2002 -193 N.C.S. (Petersen)
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G. Resolution Approving the Final Map for Magnolia Place Subdivision.
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(Moore /Bates) Removed from the Consent Calendar for separate
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discussion.
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H. Resolution Approving the Submittal of the 2003 -2004 Consolidated Annual
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Performance Report (CAPER) to the Department of Housing and Urban
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Development. (Gaebler) Removed from the Consent Calendar for
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separate discussion.
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E. Resolution 2004 -179 N.C.S. Authorizing City Manager to Sign Enrollment
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Agreement in Enterprise Assurance Program for Software Licensing with
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Dell Computer in the amount of $49,900 Per Year for Each of the Current
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and Following Two Years. (Netter /Williamsen)
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F. Resolution 2004 -180 N.C.S. Recognizing North Bay Veterans Stand Down,
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October 12 -14, 2004.
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G. Adoption (Second Reading) of Ordinance Rezoning a 31,906 Square Foot
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Parcel, APN 006 - 216 -004, to Planned Unit District, to Allow for 14 Residential
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Lots and a Common Area Parcel, and Development of 14 Residential
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Units to be Located at 331 Keller Street. Removed from Consent Calendar
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for separate discussion.
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H. Adoption (Second Reading) of Ordinance 2192 N.C.S Pre - zoning a 2-
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Acre Parcel, APN 019 - 070 -043, to R -1 20,000, to Allow for 3 Residential Lots,
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and Development of 2 new Residences to be Located at 1081 Bantam
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Way.
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I. Resolution 2004 -181 N.C.S. Accepting the Claims and Bills from August
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2004. (Netter)
Vol. XX, Page 4 September 20, 2004 4
Items Removed From Consent Calendar for Separate Discussion:
C. Resolution 2004 -182 N.C.S Approving the Final Map for Magnolia Place
Subdivision. (Moore /Bates)
MOTION to adopt the Resolution:
M/S Torliatt and O'Brien. CARRIED BY THE FOLLOWING VOTE:
AYES: Harris, Healy, Thompson, O'Brien, Torliatt
NOES: Glass
RECUSED: Moynihan
D. Resolution 2004 -183 N.C.S Approving the Submittal of the 2003 -2004
Consolidated Annual Performance Report (CAPER) to the Department of
Housing and Urban Development. (Gaebler)
Council Member Torliatt commented that when this comes back for the
five -year update she wanted seniors and sidewalk accessibility issues
addressed; access to transportation for seniors, specifically Transit; minority
access to information regarding services and mobility; and potentially
expanding affordable child care in the community.
MOTION to adopt the resolution:
M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY. •
G. Adoption (Second Reading) of Ordinance 2191 N.C.S. Rezoning a 31,906
Square Foot Parcel, APN 006 - 216 -004, to Planned Unit District, to Allow for
14 Residential Lots and a Common Area Parcel, and Development of 14
Residential Units to be Located at 331 Keller Street.
MOTION to adopt the ordinance:
M/S Torliatt and Thompson. CARRIED BY THE FOLLOWING VOTE:
AYES: Harris, Thompson, Moynihan, Glass, Torliatt, O'Brien
NOES: None
RECUSED: Healy
4. UNFINISHED BUSINESS
A. Resolution 2004 -184 N.C.S. Amending Refuse Collection Franchise
Agreement to Extend Term to June 30, 2005. (Bierman)
City Manager Bierman said this action was necessary due to the
timeframe involved with the new refuse franchise decision process.
Council Member Healy was concerned about the process and not
meeting deadlines; he would not support this. 0
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September 20, 2004
Vol. XX, Page 5
Council Member Torliatt expanded, stating that the time period was
shortened by Council and, because of negotiations, the timeline was now
following the original schedule.
Mayor Glass was concerned about the process and re- expanding the
number of proposers would require additional time.
Council Member O'Brien was concerned about the timeline as well. The
expectation was to reach a decision on November 15, 2004. He did not
want to continue negotiations and pay the consultant additional fees.
City Manager Bierman clarified the timeline was to finish in December and
sign a contract with whatever firm was chosen; it would take at least 3 -4
months for the selected company to become operational it it was a new
provider.
MOTION to adopt the Resolution:
M/S Glass and O'Brien. CARRIED BY THE FOLLOWING VOTE:
AYES: Harris, Moynihan, O'Brien, Thompson, Torliatt, Glass
NOES: Healy
5. NEW BUSINESS
A. A—Ad-- Pe C-tiGR QegGlr/^iRg SGWA StFecirn Maintenrrnre
Plane (BGR /EGkerseR This Item was removed from the Agenda.
Resolution 2004 -185 Approving /Confirming Appointment of Don Smith as
PAPA Representative to the Airport Commission. (Petersen)
MOTION to adopt the resolution:
M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY.
CITY COUNCIL CLOSED SESSION
PUBLIC COMMENT None.
ADJOURN TO CLOSED SESSION
The City Council adjourned to Closed Session at 3:40 p.m. to discuss the following items:
• CONFERENCE WITH LABOR NEGOTIATOR: Government Code §54957.6. Agency Negotiator:
Michael Bierman /Pamala Robbins. Employee Organization: AFSCME, IAFF Local 1415 and
Unrepresented Employees.
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City
Manager
( eved)
Vol. XX, Page 6 September 20, 2004
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■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section
54956.9(a)) Bramblett et al vs. City of Petaluma (Sonoma County Superior Court Case #MCV
174982)
Thompson vs. City of Petaluma (Sonoma County Superior Court Case #SCV- 225677)
MONDAY, SEPTEMBER 20, 2004 - EVENING SESSION
7:00 P.M.
CALL TO ORDER
A. Roll Call
Present: Members Harris, Healy, O'Brien, Thompson, Torliatt and Mayor
Glass
Absent: Vice Mayor Moynihan
(Arrived at 7:15 p.m.)
B. Pledge of Allegiance
C. Moment of Silence
REPORT OUT OF CLOSED SESSION ACTIONS TAKEN - No Report.
PUBLIC COMMENT •
Carey Fergus, Petaluma Firefighters Local 1415 - Invited all to attend City Council
Candidates Night September 21, 2004.
Janet Gracyk, PHS Library Boosters - Made City Council and the public aware of a new
fundraising event for the Petaluma Library called "One for the Books." It will take place
on October 3, 2004.
Theresa Haire, Petaluma High School Music Boosters - Invited the City Council and the
public to the Fifth Annual Invitational Band Review and thanked the Council for its
support through TOT funds.
Geoff Cartwright, Petaluma - Talked about the Kohls site and raised questions of fill being
used in the area. He indicated he did not feel this met the Zero - Net -Fill requirements and
commented on how it affects flooding elevations.
Peter A. Tscherneff, Petaluma - Talked about the number of lawyers and their fees; prison
populations; migrant workers; Leonard Pelletier; number of animals murdered each day;
and Ramone Salcido. He mentioned candidates for office at the local and federal level.
COUNCIL COMMENT
Council Member Healy asked City Engineer Craig Spaulding to respond to Geoff •
Cartrwright's concerns.
September 20, 2004
Vol. XX, Page 7
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City Engineer Spaulding explained that they had talked to Mr. Cartwright and that
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Associate Civil Engineer, Curt Bates, would meet with him tomorrow. He stated that the
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Zero - Net -Fill calculations were correct for the site. He would put together a report
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regarding the status of fill on the property.
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CITY MANAGER COMMENTS - None
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6. PUBLIC HEARING
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A. Riverview Subdivision Discussion and Possible Action Regarding: A)
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Adoption of a Mitigated Negative Declaration for the Riverview PUD and
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Subdivision on seven parcels totaling 22.9 -acres at McNear Avenue and
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Mission Drive (APN 019 -210 -017, -019, -026, -027, -030, -031 & -037) and; B)
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Prezoning the subject parcels to PUD- Planned Unit Development; C) A
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Tentative Subdivision Map to subdivide 17.11 -acres into 63 residential lots
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and a 3.68 -acre parcel to be retained as open space, and D)
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Annexation. (Moore /Allsep)
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Jayni Allsep, Planner explained the area involved in the proposed project.
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She reviewed the proposal, the Planning Commission recommendation
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and alternatives they requested. She corrected the residential density
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from 2.9 /dwelling units per acre to 3.7 dwelling units per acre, excluding
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the St. Johns church area.
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Council Member Harris had a question regarding Alternate "A" regarding
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preserving tree 87.
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Ms. Allsep said that grading too close to a tree would generally adversely
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affect it, depending on the health of the tree and how the soil removal is
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done.
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Mayor Glass was concerned about the grading and hillside development
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placement for home foundations.
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Ms. Allsep explained that there are some relatively flat areas and that
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homes were being built according to the slope of the terrain.
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Council Member Harris confirmed that there was no round a bout
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proposed for this application.
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Vice Mayor Moynihan referred to Attachment 8 under the final map,
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which establishes the financial mechanism for utilities, water treatment,
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and roads for Parcel "B." He was concerned about the public
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improvements accepted by the City, in particular the play area. He
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would like to add this and how the City would pay for the operating costs.
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Ms. Allsep stated that this could be specified and the applicant would
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discuss the financing mechanism being proposed. She said the Planning
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Commission had unanimously approved the plan.
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Bruce Aspinall, Planning Consultant for Cobblestone Homes - Referred to
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graphics to illustrate the annexation, prezoning of 23 acres, and the
Vol. XX, Page 8 September 20, 2004
concurrent tentative map for a portion of the site. He stated there would •
be a proposed special tax district to maintain the open space and public
park area. All trees, and slopes would be maintained without any grading
of slopes of 30% or more. He pointed out a discrepancy between
Attachment 10, the Development Standards and the Tentative Map
regarding the minimum lot size that should state 4900 square feet.
Council Member Torliatt asked why the whole area wasn't being
annexed. She pointed out that in regards to orderly development, why
this property, another parcel on Petaluma Boulevard South, and the Dutra
property weren't looked at in their entirety for annexation. She asked,
once again, for a map that shows the entire area in relationship to other
properties.
Frank Denny, Cobblestone Homes, pointed out that the annexation
outlined is only for the property that they control. He stated he expected
these additional properties would be annexed as they are developed.
Council Member Healy also wanted clarification of the City's annexation
process and pointed out that this project appears to create an island.
Community Development Director Mike Moore stated he did not see the
creation of an island and explained the City has not forced annexation
on properties that have not been willing to be annexed. He said that in
order to do this, it would require a vote of the affected property owners.
He explained access has been coordinated with the Dutra project that •
adjoins this area.
City Council discussion ensued regarding under grounding utilities,
retaining walls, traffic flow, access, tree retention, and park and play area
sizes.
Mayor Glass asked for clarification between a Special Tax District for
maintenance, as compared to Landscape Assessment Districts that
Petaluma currently is using. He wanted assurances that the City was
protected against liability in the park or common areas.
Frank Denny, Cobblestone Homes, explained the Tax District would be
formed like the Landscape Assessment District but with a different
purpose. The Special Tax District has a CPI factor that carries it forward
instead of annual public hearings. He explained that the fax district has a
fund reserve established and is reassessed according to the income
stream that provides for maintenance. The Mayor did not see this as
adequate.
Mr. Moore explained that the Conditions of Approval indicated a
"financing mechanism." He stated in the past, the City has used a
Community Facilities District to cover these costs. He illustrated with the
Cross Creek CFD that was created to cover a catastrophic destruction of
the weir and diversion channel with a replacement cost estimate. He
stated, to satisfy the Mayor's concerns, that this CFD had to come back to •
Council for approval and it could be reviewed at that time.
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September 20, 2004
Vol. XX, Page 9
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Mayor Glass opened the public hearing.
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Jeannette "RC" Romaciotti- Cozza, Petaluma - Stated she was satisfied
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with the applicants' addressing traffic concerns in the Grant School area.
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She brought up the access angle of traffic flowing onto the street that
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might create a line of sight problem.
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Stuart Hyde, Petaluma - Reported neighborhood concerns regarding
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increased traffic entering Mission. He and his neighbors were also
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concerned about the number of houses and additional traffic coming
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from the Dutra site when it was developed.
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Hearing no further requests to speak, Mayor Glass closed the public
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hearing.
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COUNCIL COMMENT
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Vice Mayor Moynihan stated he had concerns about traffic heading
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toward Grant School as well and wanted assurance that the angles are
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right angles to make a clear line of sight.
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Council Member Healy supported looking at the sight line issue. He was
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also concerned about the lack of innovative water use and water
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conservation for the project.
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City Manager Bierman suggested Council could add conditions to
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request zero -net water use for this project.
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Ira Bennett, Cobblestone Homes, indicated they would propose to request
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a citywide, programmatic water conservation approach rather project -
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by- project. He suggested this development could provide a Best
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Management Practices (BMP). He stated he has given the City Manager
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a report with a menu of items that could be put in place to reduce water
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use by approximately 40% on -site without additional work by the City. He
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explained this program could bring statistical water -use to zero as
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compared to a regular subdivision without off -site mitigation. He said
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cities and counties that are implementing this conservation practice are
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following a coordinated program with an enterprise fund.
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Council Member Healy asked if it would be possible to use BMP standards
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for this subdivision with a commitment to participate in a program that
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would be instituted within a certain time period.
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City Manager Bierman indicated that this could be done as Cobblestone
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has other projects that include this type of system.
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Mr. Bennett stated this could be conditioned on the map and would
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require notation that the project would be subject to a fee if at the time
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there were an established fee when building permits were pulled. He
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expected to begin building in Spring 2005.
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Vol. XX, Page 10 September 20, 2004
Vice Mayor Moynihan was concerned that Council was setting policy on •
a project -by- project basis and that a policy should be in place so the
applicants are aware of it. If the developer volunteers to mitigate this, he
supported the idea of BMP's. He wanted to bring this back.
City Manager Bierman stated that the developer was aware of this
requirement when they began.
Council Member Torliatt said she has brought this issue up many times and
that the City's water use needs to be reduced across the board. She
wanted to see new development use the most water efficient practices
possible. She wanted to know when the issue of development water use
and conservation would be agendized. She supported an analysis of
water use for each development /unit and the capacity of the
wastewater that will be discharged, and how the City is mitigating this.
She agreed with following suggestions regarding the line of sight at Mission
Drive; the Dutra site would pay for infrastructure that will benefit their
development; and to avoid using the street name of "Quarry" because
there is already a Quarry Street. She was concerned about the lack of a
policy that would identify parkland parcels to provide open space for this
additional development. She suggested that on the slope areas /tree
covered areas, that they remove some units and create a larger play
area.
Vice Mayor Moynihan referred to the Park Master Plan that had been
coordinated with the General Plan and identifies park sites and their •
source of funding. He stated that this development had been reviewed
and fits into the master plan.
Council Member Torliatt stated she was concerned with the overall policy
and asked Vice Mayor Moynihan if he could identify where large park
space would be available. She did not feel the park area described for
the development was large enough to serve 67 units and wanted a larger
play area. She suggested SPARC address using the size of the homes to
minimize some of the impact of tree removal. She asked to look at the
annexation of the total area to better accommodate park space and
infrastructure. She stated concerns with there being no single -story homes
and the cumulative traffic impacts. She would like 10% of the homes to
have solar installed or at least constructed to have solar power.
Vice Mayor Moynihan stated that four pocket parks were proposed.
Council Member Thompson stated, after reviewing the various
alternatives, that he supported what the developer proposed and the
Planning Commission approved.
Mayor Glass polled the Council to build consensus about what alternative
should be agreed to; all agreed to accept the original plan. Regarding
the size of the proposed park and eliminating certain lots, a majority
agreed to the proposed park size. The retaining wall in right -of -way could
be modified to state "to retain hillside on Jacqueline "; all agreed. •
Regarding having SPARC request smaller sized homes, with some single-
September 20, 2004 Vol. XX, Page 1 1
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story homes, the developer stated that amending the footprints would
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affect every lot in the subdivision. It was recommended to send this to
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SPARC to address architecture only. To accommodate solar power, the
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developer responded that the condition was acceptable; all agreed.
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Mr. Denny wanted to incorporate the bonus -room garages on the north
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side of the property.
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MOTION to adopt the following resolutions and ordinance:
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1. Resolution 2004 -186 N.C.S. Adopting the Mitigated Negative
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Declaration.
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2. Introduction (First Reading) of Ordinance No. 2193 N.C.S. Prezoning
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of Parcels to Planned Unit Development District.
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3. Resolution 2004 -187 N.C.S. Approving Planned Unit Development
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Plan.
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4. Resolution 2004 -188 N.C.S. Approving the Tentative Map to
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Subdivide 17.11 -acres into 63 residential lots, and a 3.68 -acre
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Parcel (Parcel B) to be Retained as Open Space.
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5. Resolution 2004 -189 N.C.S. of the Petaluma City Council Making
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Application to the Local Agency Formation Commission (LAFCO)
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Supporting Proceedings for a 22.9 Acre Parcel at McNear Avenue
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and Mission Drive, APN 019 - 210 -017, -019, -026, -027, -030, -031 & -
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037 Pursuant to the Cortese /Knox Local Government
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Reorganization Act of 1985.
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M/S Thompson and O'Brien. CARRIED UNANIMOUSLY.
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B. Public Hearing and Introduction (First Reading) of an Ordinance 2194
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N.C.S. Amending Section 17.20.070 of the Petaluma Municipal Code
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Requiring Installation of Automatic Fire Sprinklers in Pre - Existing Buildings in
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the Historic Downtown Business District. (Albertson /Ginn)
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Vice Mayor Moynihan recused himself as he has clients with property
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within the boundaries of this proposal and left the Council Meeting at 9:15
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p.m.
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Fire Chief Chris Albertson presented the item to Council for consideration.
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He explained that retrofitting was required in this district to improve fire
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protection and to protect the architectural history of the City. He
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explained the efficiency of fire sprinklers and that investment in fire
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sprinkler installation protects income and preserves property.
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Council Member Torliatt expressed concerns about the cost to bring the
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pipe from the curb to the business and repairing the sidewalk as well. She
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asked if this would address funding as well as adopting the ordinance.
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She suggested looking into establishing an assessment district with a lower
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interest rate.
Vol. XX, Page 12 September 20, 2004
Chief Albertson explained that was why there was a 20 -year time period •
allowed and there would be costs involved to retrofit.
City Manager Bierman stated that the City could look at establishing an
assessment district.
Council Member Healy suggested twelve years as a reasonable timeline.
Fire Chief Albertson explained the business community had raised issues of
cost, disruption, inconvenience - he stated that the work could be done
at night with minimum disruption.
PUBLIC COMMENT
Jeff Mayne, Petaluma Downtown Association - Brought flaws in the
ordinance to the Council's attention. He did not feel due diligence was
done on the part of the Fire Department or Chamber of Commerce to
establish how the property owners would pay for this installation. He said
the property owners appreciated the City's efforts to improve
infrastructure in the area. He stated that insurance providers and
merchants have indicated that insurance costs would go up, not down as
the Chief had indicated. In regards to protecting the architectural
integrity, the time period would lead to owners not retrofitting until the last
hour and wanted the task force to spell out how to achieve compliance
sooner to protect the downtown. He pointed to the HR1824 legislation
that allows for accelerated depreciation of the capital investment and, at
this point, it was not known if it would pass. He could see no cost savings
but expenses of $20,000 to $300,000 to retrofit are anticipated and
property owners would not have the funds. He suggested the task force
pursue alternate means of paying for these required improvements.
George F. Whitten, Secretary, Petaluma Masonic Hall Association -
Opposed the ordinance. He addressed the lack of water pressure in the
area, which he feels contributed to the devastation in the Kentucky Street
fire of 2002. He stated that fire sprinklers do not necessarily prevent fires or
reduce their severity. His insurance company informed him that the
building's fire damage rates would go down, but water damage rates
would increase. He stated that another $225,000 to retrofit like the
earthquake retrofitting would be financially devastating.
Alien Martin - Stated he saw good intentions but that would result in a
compromise that was worse than doing nothing. He suggested using
redevelopment money and being consistent in applying these
requirements.
Fire Chief Albertson commented on the 2002 Kentucky Street fire and its
affect on the entire block and explained this is what they want to prevent.
He responded it did not take 90 minutes to get water on the fire. He
stated redevelopment in the area would cause rents to increase as well
as property values; retrofitting for fire sprinklers alone will not cause an •
increase in rents.
September 20, 2004 Vol. XX, Page 13
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Council Member Torliatt asked about the boundaries described. She was
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concerned about preserving the downtown but to also assure that no
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one is hurt as a result of a fire. She thought this should program should be
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applied on a larger scale.
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Chief Albertson explained that a committee was formed involving City
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Departments, the Petaluma Downtown Association, and the Petaluma
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Chamber who determined that the historic downtown area was a
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significant Petaluma attraction and needed to be protected.
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Council Member O'Brien supported this and placed protecting lives
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above all.
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Council Member Thompson addressed the insurance cost issues. His
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research indicated that an average of 20 -28% would be saved and that a
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building with sprinklers would receive a better rating. He also asked about
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what type of business they would not discount and insurers indicated
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"bookstores." He had never heard of water damage rates but it would
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depend on the company.
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Council Member Healy also questioned the boundaries and saw the
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number of stories and basements as a good reason for the delineation.
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He reiterated that a twelve -year phase in would be more appropriate
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with a possibility of redevelopment agency support to underwrite property
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owners' expenses.
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Council Member Harris suggested sending this back to the task force to
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discuss the cost, redevelopment, and cost savings.
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Mayor Glass noted the millions of dollars the City has invested downtown.
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He did favor using redevelopment agency money for the short term to
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improve the timeliness of compliance.
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Council Member Healy amended the motion to create a twelve -year
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timeline for retrofitting buildings and a six -year timeline for the basements.
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Council Member Torliatt asked about how the architectural integrity issue
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was going to be addressed for these buildings. She wanted to give
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property owners the option of using an assessment district to get the work
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done sooner.
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Chief Albertson stated he had contacted several sprinkler installers and
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conducted a walkthrough at 4th and Western. He stated there would be
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additional costs to work behind millwork /install boxes to run pipes for the
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sprinklers, but it could be done.
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MOTION to introduce and ordinance:
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M/S O'Brien and Healy. CARRIED BY THE FOLLOWING VOTE:
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AYES: Harris, Healy, Thompson, Glass, Torliatt and O'Brien
Vol. XX, Page 14
September 20, 2004
NOES: None
ABSENT/
RECUSED: Moynihan
7. NEW BUSINESS
A. Presentation and Discussion Regarding Possible Living Wage Ordinance.
(Bierman)
PUBLIC COMMENT
Marty Bennett, Co -Chair Living Wage Coalition - Requested the City to
authorize a fiscal impact study for a Living Wage Ordinance. He stated
the completed report was necessary for the Council to assess the actual
cost and benefits of any proposed ordinance. He reported that over 130
cities have passed ordinances nationwide and the cost to implement is
normally no more than I% of the total city budget. He stated Sebastopol
and Sonoma have implemented this ordinance.. He proposed that the
City and the Coalition each assume 50% of the cost of an updated fiscal
impact report; the study was expected to cost a maximum of $5,000. He
asked that Council Members use $400 -$500 from their individual expense
accounts to cover this cost.
John Matyja, President AFSCME Local 675 - Reported that union members
had reviewed the ordinance and passed a motion to endorse and
support the study and asked the Council to support this study as well.
Reverend Gayle Madison, Minister Petaluma United Church of Christ -
Indicated that their church operates a food pantry for the working poor
and works for social justice. She asked Council to support the study
because of the demonstrated need to help the poor.
Council Member Healy stated he would be pleased to contribute $500
from his travel and conference account.
Council Member Torliatt was proud to state that the City of Petaluma
does pay 99.9% of its employees a living wage. She would support
moving forward with the study.
Mayor Glass also supported this and offered a portion of his expense
money to support this.
Council Member O'Brien did not understand why the money should be
spent on something that is already known. He stated that the timing was
poor because of ongoing negotiations with two bargaining groups. He
supported this but at a future date.
Council Member Harris thought this was a noble idea but agreed that the
timing is poor and thought private funds should be used.
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Marty Bennett, Living Wage Coalition responded to the concerns and
pointed out that at this point it was difficult to determine how contractors
and non - profits would be affected to determine their costs.
Council Member Thompson was not philosophically in favor of the
government dictating the wages that should be paid.
Council Member Torliatt explained why she was in support of this. She
stated this was necessary to assure that everyone is living above the
poverty level and that the businesses contracting with the City should be
held to a standard that the City can be comfortable with. She felt that if
the Council had brought the Living Wage Ordinance forward without
studying its impacts they could be accused of not doing due diligence on
this item.
Mayor Glass explained he felt the Living Wage Ordinance was
fundamental. He stated that using government money was being used to
do business in the private sector and it was imperative that these public
moneys be shared across a broad spectrum.
Council Member Healy supported the study to provide an informed
discussion about proposing such an ordinance. He asked if Council
Members Thompson, Harris and O'Brien would object to the three willing
Council Members contribution of funds from their travel and conference
accounts toward this study.
Council Member Harris objected because he felt this should be funded
privately.
Council Member Thompson was objecting to using public funds as well.
Given the City Council was split 3 -3 on whether or not to move forward
with a Living Wage ordinance study utilizing City Council Member funds,
there was no formal Council direction given.
ADJOURN
The Council Meeting was adjourned at 10:30 p.m.
David Glass, Mayor
Attest:
Gayle Petersen, City Clerk