HomeMy WebLinkAboutAgenda Bill 1.A-Minutes 03/17/2003•
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MAR 17 2003
February 24, 2003 Vol. XX, Page'l
ALU
aw City ®f Petaluma, California
,.. REGULAR MEETING
IBS$ OF THE PETALU'NliA CITY COUNCIL. .
Draff City Council Meeting Minutes
Monday, February 24, 2003 - 3 :00 P.M.
Regular Meeting
3:00 p.m. CITY`CO.UNCIL MEETING
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call'
Present: Members ,Canevaro, Harris, Healy, Moynihan, O'Brien, Torliatt .
and Mayor GGlass
2. PUBLIC COMMENT
Richard Ramstead, Petaluma, addressed .the City Council regarding his
concerns with the ,;proposed density for the Magnolia Place Subdivision
project.' He stated he feels it is too high, for the Gossage Avenue parcel.
He also commented that the Fish & Game letter is only a peer. review
letter of .a peer review.
Joe Manthey, Petaluma, addressed the City. Council regarding the
upcoming AAUW event. "Sister to Sister" Summit and requested the City
cancel the event based on exclusion of boys because of their gender.
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stated he feels the City Is in violation of State and Federal non-
dscrirination policies, as well as the City of Petalum'a's non - discrimination
policies.
Geoff Cartwright, Petaluma addressed the City Council regarding- base
flood elevation increases and precipitation tipping and river stage
readings.
3. COUNCIL COMMENTS
Council, Member Healy commented the .Council will be .discussing and
possibly taking action on the Sonoma County Water Agency Draft Policy
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February 24, 2003 Vol. XX, Page 2
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Statement later in the ;evening. He pointed out, on the last page of the
staff report, a comment that states the City's understanding is that the
Water; Agency has:severely, curtailed the channel ma_intendnce activities,
including maintenance of channels and creeks in Petaluma. He added
that is not good news for ,flood purposes. He commented he has also
heard there appears to be a 'bar forming near the Corona Road' Bridge,
which may explain 'the kind'. of data that Mr. Cartwright has shared with
the City Council.
Council Member Healy asked James Carr, "Director of 'Pa.rks a.nd
.Recreation, referencing Mr. Monthey's comments, what the City's, policy is
with respect to renting out the Community Center. Mr. Carr indicated
staff looks at this as or private function, and what they do ;at their function
is their decision. Unless it is something that is illegal, the City does.not get
involved' in the event.
Council Member Torliatf commented on creek maintenance and
indicated the RCD currently is working on a contract in that particular
reach .and area, noting it is supposed to be completed in the next six
months. She indicated they are trying to coordinate maintenance with
the acquisition of the two parcels that are on the Council's afternoon
agenda so flood mitigation issues can be dealt with.
Council Member Moynihan noted he has asked that the City Manager
bring back and agendize for the Council an in =depth discussion on street
maintenance and , street.repair programs. He added that today Council is
considering some activities, relative to the budget, that include allocating
$2M from major traffic mitigation funds for street;reconst 'ruction. He added
he had asked' at the last meeting and still would' like to see the City create
a fund specifically for street repairs: and street maintenance, as well as
transfer the $3M from. the Redevelopment Agency that Council had
committed to last Fall. He recognizes that is not being done today, but
anticipates if will be brought back°to the Council when they consider the
PCDC B.udgef revisions. I-Le concluded by stating it is important to
remember-that every`dollar we'don,'t put into :street maintenance now will
come back in the form of $35'.00 of capita) improvements within the five
years. commented on his previous suggestion to complete the sale of
27 Howard Street to the .F.CDC and use the $250,000 in, proceeds from
that, as well as taking a look at other disposal assets and sell what we can
to offset the approximately $7M shortfall that 'exists in street maintenance:
He stressed there is a need for $8'.1 M in street maintenance `funds a year
to keep up with the current situation.
Council Member' O'Brien requested the meeting be adjourned this
evening in memory of Bill Donovan.
Mayor vent scheduled at the
Community Cente and ndicate.cl lhere s too litf
W E.
y le done for boys and girls
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February 24, 2003
Vol. XX, Page 3
in this town,, 'He added he hopes there are similar programs for boys and
hopes all programs go forward. He doesn't want to see the Sister -to- Sister
Program stopped and concluded by indicating his support for exi0rig
programs, acknowledging the need for more.
4. CITY MANAGER COMMENTS - There were none.
5. AGENDA-CHANGES AND DELETIONS - There were none.
6. APPROVAL OF MINUTES
A. City Council /PCDC 'Minutes of January 27, 2003
Council Member Healy requested a sentence be added to page 8,.
line, 36
"H indicated that he supported Tthe ban on taking paper recyclables
that presented 'identify theft_ issues, but, , indicated he felt the
ordinance presented was too broad because it also criminalizes taking
cans and bottles.
Motion to approve the Minutes as amended:
M/S Torliatt and O'Brien
AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien, Mayor.
Glass, Torliatt, Moynihan
NOES: ` None
B. City Council Minutes of February 3, 2003
Mayor Glass asked that page 1, line 23 reflect:
°7/25/2002 Press Democrat article"
Council Member Torliatt requested page 6, with regarding to Item 9,
reflect that following motion:
"MOTION to adopt the resolution (with the amendment to remove
language which referenced that plans and specifications for the
project are ,approved) and to approve the February 24, 2003
Proposed Agenda as amended."
She also requested page 9, line 6 reflect:
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February 24> 2003
Vol. XX, Page 4
She commented that the City ,should provide, a list of what materials •
Will be needed for SPARC review that the developers need to
provide."
She 'also reques,ted that page 12, line 30 reflect:
"'...Assembly Member Nation, who indicated he, would like clarification
on whether or not the Council would be inclined 'to not p.ut a sales tax
measure on the ballot that .would compete 'with other sales tax
measures, specifically the Smart 11 sales tax measure.,""
And, requested that page 20, line'42 reflect:
".,..remarked that Gatti. Park was a 'high priority ,park to complete
because there was a promise to Cross Creek subdivision to build ball
fields adjacent to that areo2 but were_, not able to be completed.
These ball fields are being moved to Gatti Park.
Council Member Healy requested that Page 9; line 15 be changed to
reflect:
"He indicated if ' he had. to vote :tonight, he would deny the appeal but
would prefer that the issue be sent back to SPARC."
Mayor Glass requested that page 12, line 12 reflect:
"increase in sales tax"
MOTION to approve the Minutes as amended.
M /S'Torliatt and O'Brien
AYES: Harris, `C:anevaro, Healy, Vice Mayor O'Brien, Mayor
Glass, Torlia.tt;_Moynihan
,NOES:: None
C. City Council /PCDC Minutes of February 7,.2003 .
Cou,n,cil Member Torlid. ff asked't.hat page 5, line 4 is amended to read:
MOTION to approve'the Minutes as amended'
M/S Healy and O''Brien
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February 24, 2003 Vol. XX, Page 5'.
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AYES: Harris, Canevaro, H.ealy, Vice Mayor O'Brien, Mayor
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Glass, Torliatt, Moynihan
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NOES, None
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D. City Council Minutes of February 16, 2003
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.MOTION to approve the Minufes as submitted:
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M /S, "Torliatt and O'Brien
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AYES': Harris, Canevaro; Hedly- Vice Mayor O'Brien, Mayor
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Glass, Torliatt, Moynihan
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NOES:: None
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APPROVAL OF TENTATIVE AGENDA.- City Council Regular Meeting of
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March 3, 2003.
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MOTION to approve the tentative agenda:.
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M/S O "Brienand Torliaf't
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AYES: Harris, Canevaro, ,Healy, Vice Mayor O'Brien, Mayor Glass,
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Torliatt, Moynihan
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NOES: None
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8.
CONSENT CALENDAR
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Council Member 'Moyniha_n requested Item 8.A be removed from the
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Consent'. Calendar.
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Council. Member Torliatt requested Item 8.E be.removed from the Consent
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Calendar.
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The following MOTION was made for the remainder of the Consent
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Calendar iferns:
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M/S O'Brien and Harris
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AYES: Harris, Canevaro, Healy, Vice: Mayor O'Brien, Mayor Glass, .
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Torliatf, Moynihan
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NOES': None
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Fe&0dry 24, 2003 Vol. XX, Page 6
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A. Introduction of an Ordinance Authorizing City. Manager to Complete
All Necos-sbry Transactions for the Purchase :of the Banker .and A'm - ardll •
Properties, Industrial .Avenue, (APN's 150-020-017, 1 and' '048-
080-029) pursuant to direction from City Council, sef forth "in Resolution
No,. 2002-015 N.C.S., acopted,Jama 28. 2002. (Tuft,) Removed from
the Consent Calendar for separote: discussforii
13'. .Resolution No. 2003-24 N.C.S. Authorizing thb City M•dnag",er'to Sign the
Army ' Corps. Of Engineers Dredged Material PeusiE)/Disposal
Application for' Dredging of the Petaluma Marina. (Carr)
Q. Mid-Year BudgetAdjustments
Initroductiba of Ordinance No. 21,45 N.C.S. Amending Ordinance No.
21133 N.C.S. To - Change Certain Appropildtildinsfath6 Operation of the
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City of Petaluma from July 1, 2002 to June 30, 2068. (Thbm
Resolution No. 2003-25 WC.S. Reserving d Portion of the Community
Faclfl4es - impact Fee Fund.., (Thomas)
D. Resollution, No. 2003'-26 N.C.& Authorizing a 'Nprii-Residenticill Outside
, Sanitary .Sewer 5ervice for Calvary Catholic Ceryfetery at 304 Magnolia
Avenue (APN', 0.48-141 -0 & 034) M , oore/Spaulding)'
E. Resolution .Approving r the Find Map for Twin Cte6ks Subdivision Phase
3. tMoore[SPauld.ing) Removed from the Consent Calendar for
separate discussion:.
ITEMS REMOVED FROM' CONSENT:
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A. Introduction of an Ordinance Authorizing. 1 City Manager to Complete
All, Necessary Transactions for , the, Purchase of the Banker and Amaral.
Properties" Industrial Avenue (APNs 15.0-020-017, 1,50-0207018, and 048-
080-029), pursuanf to direction from City Council, set forth in Resolution
No. 2002-015 N.C.S., adopted January 28, 2002. (Tuff)
Council Member Moynihan' removed this' item frbm the Consent,
Calendar so he could recuse himself'. He sfated' he might have a
potential conflict of`interesf because one of the 'property owners, Mr.
Filmqe Marks, Js a partner of his in a real estate investment outside this
area.
MOTION to .approve:
Introduction of0fdInance No. 2144 N.C.S. Aufhoriiihg City Manager to
Complete All . N e(fessarY Transactions for the Purchase of the Banker
February 24, 2003 Vol. XX, Page 7
l and Amaral Properties, Industrial Avenue (APNs 150- 020 -017, 150- 020 -
2 018, and 048- 080 -029) pursuant to; direction from City Council, set forth
3 in .Resolution No, 2002 -015 N.C.S., adopted January 28, 2002. (Tuff)
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5 M/S Torliatt and'O' Brien
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7 AYES :: Harris, Canevaro, Healy, Vice Mayor O'Brien, Mayor
8 Glass; Torliatt
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10 NOES: None
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12 RECUSED: Moynihan
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14 B. Resolution Approving - the Final Map for Twin Creeks Subdivision Phase
15 3. (Moore /Spaulding)
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17 Council Member Torliatt questioned Condition #10 in the staff report
18 and asked if it was referring to. -the pl'ans.or'the project.
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20 Council-Member Healy asked staff if the neighborhood was notified of
21 this Matter °being' on the agenda this afternoon.
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23 Craig Spaulding, City Engineer, commented in his professional opinion
24 they have met the requirements of the conditions. He explained some
25 history of the project He noted when this subdivision was proposed,
26 the Corps of Engineers was still working on the plans so they didn't
27 want to interfere: with that construction, particularly in the channel
28 area, They did not want t& approve a ,map that showed properties
29 that would be taken out by the Corps project. He.noted the Tentative
30 Map and Negative 'Declaration were approved in 1993.
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32 Mr. Spaulding also confirmed the project is not outside the 100 year
33 flood plain and that the project is subject to the Zero Net Fill
34 requirements.
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36 With respect to the noticing of, the project, he explained'that.typically
37 with a 'Final Map Approval, there is" not notice to the. neighborhood.
3'8 When the Tentative Map is completed, it is 'simply a matter for the
39 Council to act on.
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4.1 Council Member 'Healy mentioned signage on the site that implies
42 there would be a discussion regarding the number of homes that
43 would be appropriate. for the site. After clarifying with staff that the
44 developer has 10 years to comply with, the conditions and that April
45 26th is the ten -year deadline, he indicated his support for deferring
46 Council action tonight and having the matter noticed and brought
47 back to the City Council for action before April 26, 2003.
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February 24, 2003 Vol. XX, Page 8
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'Council Members Moynihan and O'Brien would not support deferring •
the matter, indicating it would be setting a precedent f'or ,additional
noticing when it wasl not legally required..
Mr. Spaulding pointed out staff is :charged with ,assuring Council when
a development has met conditions that have been set He added as
City''Engineer, he is confirming for the Council that' this: project has met
the conditions as required and, staff` has not received any calls from
the public regarding this matter.
Council Member Healy indicated he would respectfully be voting NO.
on this matter, as he feels the sign gave a strong indication that there
would be a discussion on. the number of housing units to be approved
for this site.
,Mayor Glass agreed'Wth Council Member Healy.
MOTION to approve::
Resolution No. 2003 -27 N C'.S. Approving the Final Map fo_r Twin Creeks
'Subdivis on.Phase 3. (Moore/Spaulding)
M'JS Moynihan and Healy
AYES:
Harris, Canevero., Vice
Moynihan
Mayor O'Brien, Torliatt, •
NOES:
Healy and Mayor Glass
9. UNFINISHED BUSINESS
The Mayor, based on the. number of individuals In'the audience wishing to
hear the matter, moved 'Itern 9'.D forward on the Agenda'.
D. Discussion and Possible Action Regarding Early Opening of the
Petaluma Swim Center. (Carr)
Jim Carr, Director of Parks and Recreation, gave the staff report and
asked the City Council to authorize staff, to open the Petaluma Swim
Center during the month of March in order to accommodate high
school, lap and master's swimmers, with - required funds allocated to
the Parks and Recreation; Department Budget.
Council discussion ensued regarding funding for boilers; and it was
noted that they did not qualify for the expec;ted.funding.
February 24, 2003 Vol. XX,'Page 9
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Council Member Moynihan suggested that if debt service was shifted
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for Lucchesi to public facilities fees, perhaps funds could be freed up
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for funding forthe boilers. He then thanked Mr. Carr' and all others that
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have worked together to make this opening happen.
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Council Mernber'Torliatt pointed out.1he larger issue, which is how are
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we making sure the pool rernains open. She questioned how staff is
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dealing with that aspect.
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Mr. Carr responded the Aquatics , Com_mittee had recommended an
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Aqua_ tics Manager, which instill a funding issue. He indicated it would
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take an additional position to go out and solicit additional fund to
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ensure the pool stays open year round.
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Council Member. Torliatt indicated she feel this is a stopgap and not an
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overall plan. She encouraged the Aquatics Committee to work with
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City staff to get additional funds for a manager.
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MOTION to authorize staff to open the Petaluma Swim Center during
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the month oWarch.
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M/S Canevaro and O'Brien
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AYES: Harris, Canevaro, Healy,' Vice Mayor O'Brien, Mayor
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Glass, Torli.aft, Moynihan
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NOES: None
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A. Adoption "( S'econd. Reading) of Ordinance No. 2142 Amending
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Petaluma .Municipal Code 'Chapter 8:1:6 to Add Sections 8.16.330 and
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8. 16340 Prohibiting: Unauthorized Scavenging of Garbage, Rubbish,
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and Recyclable materials. (Rudnansky)
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MOTION to adopt:
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Ordinance: No. 2142 N'.C.S. Amending Petaluma Municipal Code
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Chapter 8A to Add Sections 8.16.330 and 8.16.340 Prohibiting
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Unauthorized Scavenging of Garbage, Rubbish, and Recyclable
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materials. (Rudnansky)
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M/S Moynihan and O'Brien
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AYES: Harris, Canevaro, Vice Mayor O'Brien, Mayor Glass,
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fiorliatt, Moynihan
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NOES: Healy
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February 24, 2003
Vol. XX, Page 10
I B. Sonoma County Water Agency.
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3 1. Disc-ussion 'and Possible Ditec-.fion° Regarding the'S,onoma County
4 Water Agency's Revised Draft Policy State!rn6nt. ;Ban)
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6 Michael Ban, Director of Water Resources Con..serVdfion the
7 -staff report and presented staff's recommendations,
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9 Randy Poole, General Manager, Sonor County Water Agency,
10 addressed the City Council and provided an overview of the water
Policy 'Statement. He indicated 'they still have to do an
12 environmental document.
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14 Council Member, Moynihan stated he hop 'the ;O(Liesfiohs could
be, framed in 'a more affirmative statement than what is before'
16 Council this evening'. He also indicated ha would give ,- q high
17 priority to th Petaluma Aqued uct.1 m prove me nts and the Kaslania
18 Tank.
20 Mr. Poole confirmed they hope to have the, - draft EIR out this
2:1 summer.
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23 Council Member Torliatt commented on the Policy Statement and
24 indicated that the original,- in 1991, focused on flood control and
25 water supply issues - the Waler Policy now covered' much more.
26 She -stated she feels the Water, Policy should stick with the original
27 "'charge" and expressed' concerns thqt the public: commen't's
28 regarding changes they would like, to see in the proposed
29 document were not added to r the Water Policy Statement. She
30 added, regarding flood control, the Z , one, 2A Advisorg Committee
31 had. provided - comments directly to the Board regarding -their
32 purview and'their area, which were not included e'if her.
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34 Council Member Torliciff continued by stating they , were- told at the
35 Water Advisory Committee meetings that the attachments to the
36 Water Policy Sjatemerft not apart of the Policy 'Statement.''She
37 clarified the attachments are for negotiation purposes.
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39 Council Member Tor'liatt expressed her desire to see ,fair share" costs
40 defined, as weW as defining current costs to supply the current
41 demand. -
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43 Mayor Glass -indicated he would, like to see the costs of obtaining
44 the new supply and if the supply is even there.,
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46 Discussion regarding thee policy statement continued with Council
.47 Membem being suppoijilve of staffs ohs
recommejin, darl With the
48 inclusion of Council Member Torlidtt's request, fora - better definition'
February 24, 2003 Vol. XX, Page 11
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of Fair Share Costs and incremental costs of, future and existing
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water demands to 'be included.
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2. Discussion and Possible Direction Regarding . the Sonoma County
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Water Agency's Draft FY 03 -04 Operations and Maintenance
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Budget.
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Michael 'Ban, Director of Water Resources & Conservation, gave
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the staff report and indicated Mr.. Poole and Mr. Kumar are present
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for questions. He noted stafflis support of the proposed budget.
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Councif Member: Torliatt commented. on reserves in the Operations
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and Maintenance Account and questioned if three months of
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funding is a prudent amount to be 'in the fund. She added at this
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point f,here is excess, more like a' six -month reserve, which she
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would rather see used to reduce the rates. She noted the increase
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in electricity funds, if not spent, are another reason to get part of
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the reserves back.
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Krishna Kumar went: over information regarding labor and services
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with Council commenting fhey are pretty high and there should be
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a discussion to see if what is being charged is in line.
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Mayor Glass clarified that if the reserves were less it would not
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affect the bond requirements:
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Council Member Torli'att indicated; with regard to the operating
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reserves, that of the '15 powers the WAC has, #10 allows the WAC
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to determine the amount of the prudent operating reserve to be
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maintained by the Water Agency pursuant to 4.2B of the 11 rn
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Amended' Agreement. She indicated it seems as though we would,.
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have the power, based on what the WAC's direction would be, to ..
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lower the rates.
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Mr,'. Poole :then indicated the power referred to is to move it from
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the operations fund to various construction funds, adding that is'the
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- interpretation he has gotten from legal counsel.
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Mr. Poole concluded the operating reserves, at $7M are
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only at a 3 -month reserve level.
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MOTION to support st'aff's recommendation to direct the Council's
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WAC representative to approve the Preliminary Budget as is.
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M /.S'Healy and O'Brien
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AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien,
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Mayor Glass, Torliatt, Moynihan
February 24-2003
Vol. XX, Page 12
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NOES: None
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G. Rotsible Action theMootion of a Res,000
aigo on,
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(zPPPPP_tAt =cl S Highi4Gy 1 0.1 Ii#eFG4GRg8'PFGj8G
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the List, Improve Rqedts arid Traffid CiFGU
of rn
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Sett a QlP PFojppt Funds, fGF t he
--nt-s and �p
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be� frGm� dlevelepeF in lieu dohtrib'UtiGns.
pFgjeGt wQu pFGY'-ded
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OiFeGt, �gf G# "0 ".DFePGFe GtR,d 1 88Y�a G R491jeSt RGHY
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Design Enoineeiring fGF GFoss4 CQnne�GtGF/jnteF0qnge IG
and a'
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,A lv"S;s
be GG,moje�,e(4 GePOUF�ORf 0. the .
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G i 1 ring 05 - I 1t4Zihq' th8 S1_1FfGkG- WGt_'+' 'GPd TKOffiG
9 R u9 F 0 G4 G1
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Models QF!&Gfe�d foF - 9�u(�h ARGI,�$. (Removed frorn the Agenda at the
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request of -the City Manager.)
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18 TO.
NEW BUSINESS
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A. Discussion and, Direction to City Council Libison to Address Issues and
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Questions Conc0nhing Afforddble Housing kinka0p Fee.
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Council Member Redly reported on meetings held by M'ayor's and
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Councilme-mbers? Task Force on, he Affordable Housing Linkage Fee.
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Issues and'Options. He they would have arecommenda
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to be brought back for consideration in, 90 days and proceeded to go
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over"the various issues/options; that. we re ipresen . ted in Aug -2QQ2. He
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referenced # Exemptions, and noted he doesonot knpw!,'If it would' , be
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appropriate to completely exempt redevelopment or just substantially
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reduce the fee.
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Council Member Torliatt indicate-d she would. like information on the-
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financial impacts of the proposed exemptions, and suggested' having
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Ms. Tuft, through the General Plan process, given the Council an idea
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on how much moneywould be generated with the potential fee.
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Council discussion ensued with clarification that -the, fee would be on
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new construction.
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Council Member Moynihan voiced 'some reservation, indicating that
with this fee, 'it may make al project, economically unfeasible. He
-Y unfeasible.
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agreed with consideration, of exempting redevelopment and
commented on how the 207o:set-aside program', has'. been successful,
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as well d.& in-l'e housing fees.. 'He indicated if this were to move
45
forward, he would . suppoff eva.1-oatihg the proposed outcomes so as to
46
47
not perpetuate an economic downturn.
February 24, 2003 Vol. XX, Page 13
1
•
Mayor Glass. indicated. his support of the development fee, stating we
2.
need every dollar we can get. He commented he would be willing to
3
look at areas .of exemption, as well. In conclusion, he .indicated that in
4
principal, these fees do not cripple the backs of business.
5
6
Bonne Gaebler, Housing Administrator, commented on the. nexus
7
study done to prevent lawsuits in the future and indicated she would
8
be happy to look at the numbers as they affect Petaluma.
9
10
Council Member Torliatt remarked she has heard about how great
11
Petaluma's housing programs are, yet at the mid -year budget review,
12
it was determined we didn't have all the cash we thought we did. She
13
indicated 'th'e' ,need to- be looking for revenue sources', but does not
14
think. .redevelop:menf should be completely exempted. She would
1`5
consider ^reducing the fees in that area.
16
17
Council Member Healy thanked the Council for their input and
18
indicated there: will be some product of this process that will come
19
back the City Cou,ncil'within the next two to three months.
20
21
CLOSED SESSION
22
23
PUBLIC COMMENT:
24
•
25
Geoff Cartwright, Petaluma, addressed the City Council indicating that Mr.
26
Moynihan 1-ids-collected five d6nations over the $200.00 limit and he was a
27
candidate at that time. He stressed that Mr. Moynihan continues to deny he
28
broke the law or that the law' applies to him. He voiced, frustration that. Mr.
29
Moynihan has not agreed to settle ,the lawsuit and, stressed the costs involved to
30
continue to _pursue this matter; He con, cluded' by stating Mr. Moynihan has shown
31
a distain *for the community and the law.
32
33
o CONFERENCE WITH .LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT
34
CODE, §54956 CITY OF PETALUMA VS. MOYNIHAN', SONOMA COUNTY SUPERIOR COURT
35
CASE NO: 228276.
36
® CONFERENCE WITH REAL, PROPERTY NEGOTIATOR. - PURSUANT TO GOVERNMENT 'CODE
37'
§,5,4956.8: 'P'ROPERTY: TWO PARCELS LOCATED ON THE .4000 BLOCK OF LAKEVILLE - HIGHWAY.'
38
(APNS 017 - 1 70 = 002 AND 068- 010 =026) ONE : PARCEL LOCATED SOUTHWEST OF THE CITY'S
39�
OX IDATION PONDS (APN 019= 330 - 0091., A• SMALL PORTION OF ONE PARCEL LOCATED AT
40
3880 CYPRESS'DRIVE (APN 005 - 090 - 062) NEGOTIATING' 'PARTY : MICHAEL BIERMAN /MICHAEL
41
BAN. UNDER NEGOTIATION: PRICE -, TERMS OR PAYMENT, OR BOTH.
42.
43
COUNCIL ADJOURNED TO CLOSED SESSION AT'5:05 P.M.
_
44
45
s 46
* * * * * * * * * * * * * **
February 24, 2003 . Vol. XX, Page 14
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3&
39
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EVENING SESSION'
CALL TO ORDER., - The meeting was called to -order at 7*00, O.'m,
Pledge of Allegiance
Moment of Silence in memory of Bil[ Donovan
Roll' Call:
,.
Present: Harris, Canevaro, Vice May6r 0"Brien, Healy, Mayor Glassljorliaft
A,bse Moynihan
11. PROCLAMATION
Declaring Tuesday, Febru,ary'25, 2003 as. "Spay Day USA 2003"
12.
13.
Rene Cerini was, present -to accept the, procl'a motion.
beiclarihg the Month. of February; 2003 as "Petaluma. Blocks for
Community Development - Block His.tory Month"
Faith Ross. and Gloria Robinson were present to accept the 'proclamation.
REPORT OUT OF CLOSED SESSION ACTIONS4
No reportable action was fak(jn,by the City Council in Closed Session.
PUBLIC 'COMMENT
Terence Garvey, Petakfnld, addressed the City Council, sioting he is glad
to see the'CoUncil getting along so well.
BiR DohahUe., Pet addressed the City. Council - regprding
Sandalwood, Estates and again asked, the City Council. to support a
Mobile Home P'drk:zonih'g ordinance.
TOM Sita . g l Usd, Pe addressed the City Council regdrdin,gz. the
Petaluma United Soccer Club and I. on upcomin 9 event' at Lucchesi Field
this weekend.
Louise Leff, Petaluma, , addressed ''the City Council regarding her
disappointment in the, d0tcoM February 10-2003 Specidl Council
meeting regarding the LJSA,Pa Act. S stated it.6becoming =obvious
that the Council is not paying attention to the voice oflfh.e corn-munity.
February 24, 2003 Vol. XX, Page 15;
1
Geoff Cartwright, Petaluma addressed the City Council regarding
2
Petaluma's Flood Plain and proposed developments.
3
4
Joe M'anthey; Petaluma; addressed the City Council regarding . the
5
upcoming AAuW "Sister-to-Sister" event to be .held on City property and
6
indicated that he feels the event should be cancelled. or held on private
7
property at another location. He stated the City will be breaking the law
8
by allowing this event to take place and should consult with their City
9
Attorney:.
T.0
.11
Elaine Lucia, Petaluma Civil Rights Defense, addressed the City Council
12
regarding the status of the Patriot Act. She indicated her disappointment
13
that a vote 'was not taken on February 1 "0'h. She continued by
14
commenting on the Patriot Act ll, which' will allow secret arrests and
15
removal' of citizenship from people born in4his country.
16
17
Dave Libchitz, Petaluma, addressed the City Council, asking that they
18
"leave their egos at the door" and. noting that Council's actions have
19
long -term implications. He indicated Council Members should excuse
20
themselves when their personal views pose a conflict of interest. He asked
21
that 'the_ City Council pay attention to the people and voice of the public.
22
He .thanked Pam Torliatt for listening to the public.
23
14. CORRESPONDENCE -'There was none.
24
25
26
1.5. COUNCIL COMMENT AND LIAISON REPORTS
27
28
Council, Member - Canevaro commented on the. Pedestrian and Bicycle
29
Advisory Committee proposal to secure TDA funds for this cycle. He
30
iindicated, the' plan would effectively open up two bike /pedestrian lanes;
31
one from the Airport. west to Ely Rd: and generally northwest to E.
32
Washington Street, and a second path from Prince Park west to Sonoma
33
MOUntain Parkway. .
34
35
C.ouneil; ,Member Harris reported on the recent Airport Commission
36
meeting and commented on the status of the hangar project.
37
38'
Coun.c'it Member Torliatt reported on the Water. Advisory Committee
39;
Meeting held today where negotiations for the new Water Policy
- 40
Agreement are `being discussed. She noted she will bring back language
41'
for- final' comment by the City Council and that this matter will be
42
agendized in'the near future.
43
44
City Attorney Rudnansky commented on, the remarks made by Mr.
45
Manthey and indicated that since boys will be allowed to attend the
r
46
event and there will be men there to facilitate their participation, he sees
47
no problem with the AAUW event going forward. He noted he would be
.F6,brua,ry 24', 2003
Vol. XK Page 16
I
happy to look ;at any specific 'legal authority Mr. Manfhey feels - would
2
prohibit the event fro taking place.
3
4
Jim Cam Director of " Recreation and Rafks addressed . City Council
explaining the contingprycy plan for. the Sister-to-Sis-,te• Program.. He
6
suggested having Mr.'Manthey volunteer and join forces ,with others to put
'7
together needed prograrnsi for boys. -
8
9
Council Member Tbriliatt stressed the importance of the. 'Sister"tol-Sister
10
d' t p 'in Math' and
program whereby girls are encourage o pa
11
:science and other -career path$ that are not generally pursued, by
1
women.
13
14
Council Member Healy commented.-on First Amendment litigation issues,
15'
and stated there is � nothing illegal with allowing AAUW to_, use the City-` I ,
16
facilities. ties. 'He suggested staff Orovide a response to C'b'uncil''regqrdi'ng this
17
matter.*
18
19
14. CITY MANAGER COMMENTS - There were none.
2-0
21
22
1 7. AGENDA CHANGES, ADDITIONS:, AND DELETIONS - There were 'none.
23
24
25
18.. UNFINISHED BUSINESS (CONTINUED)
26
27
A. Discussion and Possible A ,ction Regarding Magnolia Place Subdivision'.
28
29
Mayor Glass read a letter submitted by Council Member Moynihan, as
30
he was not present at the m eeting and. reqqested, thdt if *be. read into
51
the r6cord.. The letter was dated, February 24, 2003 and 'read:.
32.
53
"1 am absent from the evening, sessio on I d to my con flict flict of interest
34
with the magnolia Place agend . Would yO please read the
35
following , to avoid any 'onfu' h: on the mdtter?'Thdrik you.
C S
36
37
fam recusing. myself f this item, due to what' f believe to be a
r
38
conflict of interest under the Political Reform Acfand FPPC G
39
1, through. my real estate brokerage company' Ne'xjus RealtyL Group;
40
or
Inc., rep resent resent the Lucretia P. McNear Thomas Trust (th cu rrent owner
41.
. , C
of the 17 olia.parcel). That- parcel is in dcontract
acre
42
of sale to Mission Valle P r o perties ,
y ' i the _developers of this project.
Since nexus Realty Group, /nc has a contractual: relationship with the
44
Trust to provide, brokerage services ,and Will receive ihc&ne from the
45
Trust' upon fhe'clbse of the sd[6 of the M agnolia ,pqrcel, . / am recusing
46
47
myself from potticioalihg"in this agenda item.,
48
Thank you,
February 24, 2003 Vol. XX,. Page 17'
1
Bry'anit Moynihan
3
Petaluma City Council Member"
4
5
Betsi LL-wittier, City Planning Services, gave the staff, report and
6
reviewed -with the City Council the revised tentative .map for a 45 -lot
7
subdivision, including a reconfigured' EVA and parking area.
8
9
Steve Arago 'introduced' NI'arcy Matthews and Dan Aguilar from
1„0
Mission Valley Properties; who went over the, recommended changes.
11
.
12
Dan Aguilar addressed the City Council and stated in return for the
13`
changes °that, were made during their negotiations with the City
14
Manager, there was a clear understanding that there would be some
15
modifications , to their homes as follows:"
16
17
It was ,dgreed "that they would - be allowed to increase the maximum
18
size of the homes to be constructed on lots 35 through 45 by 500
19
square. feet. 'He indicated that. the increase does not necessarily
20
mean that ali the homes will be constructed at the maximum size limit.
21
Additionally; it was agreed that they would be, able to add , up to 250
22
square feet to the plan 2 and 3'homesi on the Magnolia site, without
23
increasing the. actual. footprint 'that currenfly exists. This would be
24
accomplished by converting the' 18 foot high ceilings into an extra
25
bedroom .or a loft:.
26
27
He indicated at the appropriate time he would like the Council to
28
provide direction on how they document this portion of the
29
agreement.
30
31
Council MembeT Healy questioned the pedestrian access that does
32
not line up with Eddy Way.
33
34
Mr. Aguilar responded by explaining their reasoning for reconfiguring
35
the ;access. He also confirmed the available street parking on the new
36
street,.
37
38
Council Member Torliatt asked that the. requirement to have the park
39
improvements completed . on or before 'the, last certificate of
40'
occupancy being issued be added to the conditions of the project.
"41
42
Council discussion ensued regarding emergency vehicle access to the
43,
project.
44
45
Publ-i. c Com__me_nt:
46
•
47
Stan Gold, Petaluma, addressed the City Council, indicating there is no
48
obligation for the City to annex this property unless it is deemed as
February 24, 2003 Vol. XX Page 18
47 with the City Manager that he had agreed Io those c_" hanger in he
meeting cf community n.eed. He stressed, the, City has no money for
2
park acquisition or, maintenance.
3
4
Bill. Phillips, 'Petaluma, addressed the City' Council regarding the,
General Plan vision f o r a , commu - hity'park on thdrtsite. He indicated his
6
support for "the changes that Mr... Aguilar has-made. �He,notecl for the
7
record that Mr. Aguijar's offer of 42 houses and a 9.18-acre park Was
8
his first choice among all the dfter,h
.9
0
Becky Winslow,,. Petaluma, addressed the City Council, asking' them to
11
"'not sell the City out. She asked . that the C buncil. not ignore the
General Plan: and, the people of the :community. She concluded, by
13
stating, 'in her view,, f the Council votes for the developers, they are
14
being "'bought.",
15
16
Dr. Guy GU Ilion,. Petaluma, addressed the City Qouh-il, not a.
17
- majority of the neighbors hbors do not Want- t his his property to be annexed., He
18
commented. the: extra three houses. in the southeast corner hamper
-e
1
the pbrk and should be open spacQ-He concluded by—sfafing if the
20
developer woblclf agree to remove the two or three houses at the
southeast comer", it would result in a win=win sifucifion,
22'
23
Louise Leff, Petaluma, addressed the City Council, indicating h� t
g s eis. no,
24
supportive'rof some of the houses be r ihg made - larger -a - s.Te-que'ste- ' d by
2-5
Mr. Aguilar. She indicated she is not impressedw A the cost per ho
26
with regdrd "to development fees. and concluded by stati the
27
Council should consider other 'proposals for fewer h on the
28
property..
29
30
Matt Maguire,, Petaluma, addressed the City Council,; -indicating they
31
don't � have to. accept the proposal that is before them this evening.
32
He would urge the Council to deny the request as currently -structured.
33
He would to, see the proposal go back to 42 homes and stressed
34
new development does. not pay for itself. He suggested the. Council
35 •
requ!re an assessment district for th project and indicated the
36
pedestrian access wou .fi ne up i li - I f you e m inate the other lots; as
37
Suggested.
38
39,
:Geoff Cartwright; Petaluma addressed" the City Council, indicating the
40
cumulative impacts on the Petaluma River and ',the- b d'
* b ase flood
41
elevations will be Oxacerba.fed' further with this develo He
42
indicdtecl'thelre is not sufficient d6to to approve a mitigated nega I tive
43
clecla(rati.on this project.
44
45
City Council discussion 'Lensued regarding the• cleveloperr'.s, request to
46
add to the. additional square footage of some homes and clarified
47 with the City Manager that he had agreed Io those c_" hanger in he
February 24, 2003 Vol. XX, Page 19
1
recent negotiations with the developer to lessen the number of units to
2
be built.
3
4
Discussion then ensued regarding public access to parking, square
5
footage of the homes, and private open space for public access.
6
7
The City Council took a recess at 8:35 p.m. to 8:40 p.m.
8
9
Council Member Torliatt confirmed with the developer that Magnolia
10
Avenue will not be widened, there will be a sidewalk between the.
11
proposed entrance and Samuel Drive, and there would be no parking
12
on Magnolia.
13
14
Council Member Healy indicated what has been brought forward is a
15
significant improvement. He noted the park construction and current
16
proposal as being more functional, acknowledged an increase in
17
maintenance funds, the saving of more oak trees, and that the
18
Magnolia frontage would be paved. He further commented that
19
although significant traffic flow problems remain on Magnolia, it is not
20
the total responsibility of this project to fix that.
21
22
Discussion ensued regarding the removal of one lot to facilitate the
23
access to Eddy. The lot being referred to .for elimination was lot 28,
24
with all Council Members supporting its elimination at this .part of the
• 25
discussion, which later in the evening was changed to lot 17 that
26
would ultimately be eliminated per an additional proposal by the
27
developer.
28
29
Council Member Torliatt stressed the inclusion of the park being
30
completed by the time the last Certificate of Occupancy is issued.
31
32
MOTION to adopt:
33
34
Resolution No. 2003 728 N.C.S. Adoption of Mitigated Negative
35
Declaration for the Magnolia Place Subdivision (APN 048 -141 -012 and
36
048 -231 -027) to be Located on Two Parcels Totaling 24.42 Acres on
37
Magnolia and Gossage Avenues, West of the Cypress Hills Cemetery.
38
39
(All motions made included: The total number of homes to be 44; the
40
parkland to be dedicated to the City would be adjusted to reflect the
41
change in the number of homes; the number of units on the Magnolia
42
Avenue site would be 27, that the ,park maintenance annuity from the
43
developer would be $175,000; the increase of the maximum size of the
44
homes to be constructed on lots 35 through 45 by 500 square feet and
45
the addition of up to 250 square feet to the plan 2 and 3 homes on the
46
Magnolia site, without increasing the actual footprint that currently
47
exists; the park should be completed upon the issuance of the
February 24; 2003 Vol. XX, Page 20
1
2
Certificate: of Occupancy for the last home on the Magnolia site; and
that lot 17 would be removed.)
3
4
M/S Healy and O'Brien
5
6
AYES: Harris; Canevaro, Healy, Vice Mayor O'Brien,
7
Mayor Glass
8
9
NOES: Torliatt
10
11
ABSENT/
12
RECUSED: Moynihan
13
14
Council Member Torliatt commented she is not in favor o:f the General
15
Plan amendment, as she cannot support findings 1, 3 or,4, which were,
16
in part:
17
18
1. "That the proposed amendment .is deem'e,d to be in the public
19
interest.... -"
20
21
3. "That the proposed General Plan amendment is consistent and
22
compatible with the rest of the General. Plan......
23
24
4. "That the, proposed amendment has been process in accordance
25
with the applicable provisions of the Calif. Government code and
26
the Calif. Environmental Quality Act."
27
28
She concluded,by commenting she is supportive of the position of the
29
members of the public, Recreation, Music, and` Parks Commission,
30
SPARC and the Planning Commission with regard to this project.
31
32
Council Member Healy commented if Council does not move forward
33
'with approval we will` not get a park here at all. He commented on
34
the large grove of trees no longer there and indicated it is appropriate
35
to move forward with this proposal under the - circumstances.
36
37
Council Member 'Harris indicated he is looking for a win- win -win
38
situation for the residents, applicant and the community at- large. He
39
feels this is a good example of a public /private partnership.
40
41
Vice - Mayor. O'Brien stated his support for the General Plan
42
amendment based on the overwhelming support of -the people in
43
1998 who supported the:Urban'growth boundary.
44
45
Council Member Torliatt argued the urban growth boundary ;did not
46
give entitlements to this property. She added her issues are not about
47 the developer, they are about the property. She concluded by 9
February 24, 2003 Vol. XX, Page 21
1
indicating she had heard people say they did not need a park in this
2,
location right away.
3
4
Mayor Glass stated his objections to this project are about the parcel,
5
not the development. He indicated he feels the General Plan is a
6
promise to the community and creates a reasonable expectation for
7
the public. He concluded by stating the people who bought homes
8
on Samuel thought the land in question was zoned for Open Space.
9
He, too, could not support the finding on # 1.
10
11
It was at this point that Mr. Aguilar suggested the elimination of lot 17
12
instead of lot 28, which would then shift things up to allow access line
13
up with Eddy.
14
15
(All motions made included: The total number of homes to be 44; the
16
parkland to be dedicated to the City would be adjusted to reflect the
17
change in the number of homes; the number of units on the Magnolia
18
Avenue, site would. be 27, that the park maintenance annuity from the
19
developer would be $175,000; the increase of the maximum size of the
20
homes to be constructed on lots 35 through 45 by 500 square feet and
21
the addition of up to 250 square feet to the plan 2 and 3 homes on the
22
Magnolia site, 'without increasing the actual footprint that currently
23
exists; the park should be completed, upon the issuance of the
24
Certificate of Occupancy for the last home on the Magnolia site; and
25
that lot 17 would be removed.)
26
27
MOTION to adopt:
28
29
Resolution No. 2003 -29 N-.C.S. Approving a General Plan Amendment
30
to Amend the Land Use Designations for an 9-.7-6 Acre (acreage
31
number will change to reflect the change in lots) Portion of the
32
Magnolia Avenue Site From "Proposed Public Park" to "Urban
33
Standard" and to Redesignate the 7.37 Acre Gossage Avenue Site
34
From "Suburban Residential" to "Urban Standard."
35
36
M/S Canevaro and Harris
37
38
AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien
39
40
NOES: Torliatt and Mayor Glass
41
42
ABSENT/
43
RESCUSED: Moynihan
44
45
MOTION to introduce:
46
M 47
Ordinance No. 2146 N.C.S Approving Prezoning to Planned Unit
48
Development District (PUD).
February 24, 2003 Vol. XX, Page 22
1
2
3
4
5
6
7'
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41.
42
43
44
45
46
47
48
M/S Healy and Canevaro
AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien
NOES: Torliatt and Mayor Glass
ABSENT/
RESCUSED: Moynihan
MOTION to approve:
Resolution No. 2003 =30 N.C.S. Approving Planned Unit Development
Plan. (To include the change to 44 dots and the removal of lot 17.)
M/S O'Brien, and Healy
AYES: Harris, - Canevaro, Healy, Vice Mayor O'Brien
NOES: Torliatt and Mayor Glass
ABSENT/
RESCUSED: Moynihan
MOTION to approve:
Resolution No. 20203 -31 N.C.S. Approving Vesting Tentative Subdivision
Map to Divide ' the 24:42. Acres into 44 Residential Lots, Leaving 9.46
(Actual number to change b'ase'd on the change in ,number .of lots)
Acres to be Dedicated to the City'for a Neighborhood Public Park.
M/S O' Brien and Healy
AYES' Harris, Canevaro, Healy, Vice Mayor O.'Bri'e.n
NOES: Torliatt and Mayor Glass
ABSENT/
RESCUSED: Moynihan
MOTION to adopt:
Resolution No. 22003 -32, N.C.S. Supporting Application to the Local
Agency ;Formation Commission (LAFCO) to Initiate Proceedings for
Reorganization of Two Parcels Totaling 24.42 + /- Acres Known as
Magnolia Place to be Located at Magnolia and Gossage Avenues,
APNs 048 -141 -012 &. 04& .1 =027 Pursuant to the Cortese /Knox Local
Government Reorganization. Act of 1985. (Moore.)
0-
February 24, 2003
Vol. XX, Page 23
1
2
M/S Harris and Canevaro
3
4
AYES: Harris, Canevaro, Healy, Vice Mayor O' Brien
5
6
NOES: Torliatt and Mayor Glass
7
8
ABSENT/
9
RESCUSED: Moynihan
10
11 19.
PUBLIC HEARINGS - None scheduled.
12
13
14 20.
NEW BUSINESS
15
16
A. 'Discussion, Direction and Possible Action to Approve Amendments to
17
City Council Rules and Procedures. (Rudnansky) (Continued from the
18
February 3, 2003 'City Council Agenda.)
19
20
Rich Rudnansky, City Attorney, went over the proposed changes,
21
which included clarifying when a second to the motion for
22
reconsideration could be made,, consideration of setting a deadline
23
when information from the public will be included in the City Council
24
Agenda Packet., how to handle Council Members' requests, of staff,
25
and an overview on recent legislation regarding Censure /Closed
26
Session Confidentiality.
27
28
'Public Input:
29
30
Matt Maguire, 'Petaluma, addressed the City Council in support of
31
having a. second to a motion to reconsider being at the time the
32
motion is made.
'33
34
Geoff' Cartwright, Petaluma, addressed the City. Council and clarified
35
that materials given at the City Council would still be included in the
3:6
record.
3:7 .
38
Stan, Gold, Petaluma, addressed the City Council, clarifying the
39
process of introducing and adopting ordinances, which happen at
40
two separate meetings.
41
42
There was City Council consensus to approve the
43
changes /clarifications as proposed by the City Attorney. The
44
amended procedure will be brought back to the City Council at the
45
next City Council Meeting for action on the Consent Calendar.
46
47
February 24, 2003 Vol. XX, Page 24
I - ADJOURN - the meeting was adjourned at 9':30 p.m.
2
3
4
5
6 David GIas$,.Mqyor
7
8
9 ATTEST:
10
12
13
14 Gayle. Petersen, City Clerk
15
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