HomeMy WebLinkAboutMinutes 11/01/2004
. ~ November 1, 2004 Vol. 40, Page 305
~ p,. L tr~r
a ~ ~ C'i~ of'Petaluma, California
, .
j85g MEETING OF~THE PETALUMA CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes.
Monday November 1., 2004 - 3:00 P.M.
Regular Meeting
1 Monday, _November l ; 2004 -AFTERNOON SESSION
2 3:00 'P.M..
3-
4 CALL TO ORDER
5
6 A. Roll Call
7
8 Members Harris, Hedly, Moynihan, O`Brien, Thornpson, Torliatt and Mayor Glass
9
10 B. Pledge of Allegiance -Council Member O'Brien
11. -
12 _ _ ,
13 PUBLIC COMMENT
14
15 Peter Tsch'erneff, Petaluma, spoke regarding veterans, religions and voters
16
17 Hazelnut Wooderbe, Petaluma, spoke of crime and punishment and crimes for which she
- 18 believes the`punishmenf°is unjust. .
19
20 Vince Landof, Pefaluma, excluded'Torlidtt; Gldss and Bierman from his comments. He
21 mentioned the garbage behind Albertsons by the rdilroad track and referred to Council
22 ~ Member O'Brien's statement in the -voter pamphlet that he's for anything for the public's
23 good. He asked why he's not seeing that that is cleaned up. He said Empire Waste has
24 missed street sweeping several tunes over the last few months and picking up yard waste
'25 as well. He said they are holding the people of the Cify hostage to get what they want.
25 He also mentioned' Rainier, noting that :people who show up at meetings are- the only
'27 ones who have the guts- to come down here and speak against it. He aid that all the
28 people who cldim they support it `never show up but they wdnt to complain. He said that
29 a vote four years ago was taken and it was voted down and' now it's being pushed
30 again.
~3'~l.
32 Lon Wiley; Petaluma, stated he would be back in two weeks; fhanked Council and
~33 invited them'to visit the~site.
34
35 Kirk Andrade, Petaluma, spoke regarding Rainier and said .that with so many traffic
36 impasses. the City will- eventually approve Rainier. He asked what consideration had
37 been given to the impact of commuter trains on traffic. He sees building in the floodplain
38 as a gamble that wil(create a large debt for future residents. to repay.
Vol. 40, Page 306 November 1; 2004
1
2 Lynn Livie, Petaluma, vxas frustrated, with the closure of, Lakeville ~ S,treet from the
3 Boulevard to Washington Street. that' has lasted from April until becernber. She stated
4 because of #lis, hey.street -Wilson -has been turned '.into a major road. with 300: trucks
5 going by each day,/night (Clover S,tornetta) - 7 .DAYS. A WEEK. She; said this is taking a toll,
6 on the neighborhood and stretching their patience. She requested Council please divert
7 traffic novv°while the project is being completed.
8
9 Marvin Livie, Petaluma, commended the City on street repairs: He mentioned that. Wilson
10 Street, one of the oldest streets in Petaluma; had been topped off so many tunes; it ,has
1 1 the highest crown of any street in .Petaluma and needs to be totally redone. He said the '
12 driveway culverts are plugged.. up .and requested help with this. and street reconstruction.
13
14 Geoff Cartwright, Petaluma, commented. on Nlr. Andrade's statements and the City's
15 flooding problem"s. He noted that one of the: candidates for Council; Karen Nau., fated
16 she is pro=development. H'e .said the. City. hds had a; lot of development and it has
17 resulted in: flooding. He•stated he would vote for Thomas, Torliatt, and Burton -and that;.;
18 accountdbility was needed.
19
20 CITY NIANAGfR.COM'IUIENT
21
22 City Manager Bierman commented- on the. Corps project.,on Wilson• Sheet, w. pile: Lakeville '
23 is closed. He' said th'e Corps' had been. asked. to pave Lakeville •this-week to open ~
24 Lakeville so Clover Stornetta could use it. He atated the Corpse, will let'the City.know today _
25 if they can gccornCnodate this. He, also stated .the City is doing storm drain and gutter
26 .-clean out throughout the City and Wilson Street would be added to the list.- -
27 ~ .
28 COUNCIL COMMENT
29
30 Vice Mayor Moynihan stated his concern about the .City being. a million dollars over
31 budget because of additional salary increases vvifhout additional revenue to cover fhis
32 expenditure. He said this would result in spending ;the City's contingency reserve `in the
33 next twa years dnd would affect its ability to respond to an emergency., He asked
34 Counci6. to' set up a special meeting dealing solely with the budget to discuss what
35 service. cuts; and layoffs .would be necessary.
36
37 Council Member'Healy responded that the City would have. one important piece of the
38 puzzle in place when voters; decide on Measures l:A. and M, The results would let. the -City
•
39 know what:it°will have fo meet its needs and make long-range decisions. He thanked the
40 City Manager for ,his up'da'te on the Corps. project and that would be great to have .
41 Lakeville reopened. He stated that .Clover is trying to gef approval for the Adobe. Lumber
42 site as distribution, facility and this would .reduce a lot of traffic on Wilson. He added, in -
43 respect to.street crowning, the street. committee recommend,e_ d to not address this issue
44 because of the cost but he felt the extreme examples should be considered. .
45
f
46 Council Member Torliatt commented 'regarding Waste. Management and'.. yard; waste
47 pickup. She understood there were some changes in 'the ro~ites that may have .been
48 part of problem. She stated she would. be happy to look of the Wileys' property as she
49 usually .does .look at projects .that Council reviews for decision-making. She; said she had
50 talked. to Wilson Street residents and wanted' to be sure that Council keeps the pressure
51 on the Corps to get Lakeville~,opened up as noon as possible. She mentioned the United
52 Anglers,. along with the neighborhood, had a ,clean up. She said that while cleaning
November 1, 2004 Vo1.40, Page 307
1 garbage they found an 18" Chinook salmon -they rescued it and took it to the hatchery,
2 She said she appreciated the process to .save the fish and mentioned the Anglers'
3 fundraiser on November 6th. She spoke about the "Truth About Rainier Crosstown
4 Connector" flyer .
5
6 Vice .Mayor Moynihan. called for a point of order and'. complained about campaigning
7 from the dais.
8
9 Council Member Torliaft continued . ,and that the group stated it was a local non-profit
10 from Santa Rosca..She said. this, group .did. not talk to 'the candidates to find out their
1 1 positions on this issue. She felt this was' an example of ,negative campaigning with half-
12 truths and as such,- did not have a place in the community. She urged everyone to
13 exercise their right to vote.
14
15 AGENDA CHANGES AND DELETIONS (Changes to current agenda only). -None.
16
17 APPROVAL OF MINUTES
18
19 1. APPROVAL OF MINUTES
20
21 A. City Council Minutes of October 4, 2004
22
23 Councilmember Torliatt clarified on Page 2, line 44 that she had said that,
24 "a le ter would be drafted to ask for clarification of the mission, objectives
25 and goals of the Water Agency with .respect to the best management
-26_ .practices."
- 27
- 28 ~ M/S¢ Torliatt/Healy -
29 - CARRIED UNANIMOUSLY
30
31 2. APPROVAL OF PROPOSED AGENDA
32
33 A. Approval of Proposed Agenda for Council's Regular Meeting of
34 November 15, 2004.
35
36 Vice Nlayor Moynihan requested. addition of quarterly litigation report to
37 Closed Session:
38
39 Council Member Harris commented he would- not be here on November
40 ~ 5tn.
41
42 M/S: Gla"ss%Torliatt
43 ~ CARRIED UNANIMOUSLY
44
45 3. CONSENT CAI:ENDA'R -CITY COUNCIL AND P.GDC
.46
47 Council Member O'Brien asked to remove item- A -for discussion; Council Member
48 Healyasked to .remove item C for discussion,. CouncilMemberTorliatt asked to
49 remove .item. D for discussion.
50
51 A. PGDC Resolution 2004-18 Determining the Necessity of Expending Funds
52 for the Planning and Administration of Projects and Programs which
Vol. 40, Page 308 November 1, 2004
1 Facilitate the Production, Improvement, or Preservation of ..Low'' -and
2 Moderate Income Housing for .2004-2005. (Gdeble~) - 'This item was
3 removed for furttier discussion.
4
5 B. ~ Resolution 2004-203 'N.C.S. Awarding a Constru~aion, Contract foi• 2004. Re-
6 Roof Corporatior?`Ydrd Buildings Project`C100205. (Skladzien/Lgckie)
7
8 C_. Resolution 2004=204 N.C,S..Authorizing the City of Petaluma to Apply ;for
9 Grant Funds 'for the 2002 Resources Bond Act: "Youth. Soccer' and
10 Recreation Development Program," .Under the California Clean Water,
1 1 Clean.Ai~; Safe Neighborhood Parks; and Coastal Protection. Act of 2002.
12 ~ (:Carr) -This item was removed for furtHer discussion:
13
14 .Items RemovecJ from Consent Calendarfor Discussion
15 '
16 A. PCDC .:Resolution 2004-18 Determining the Necessity of Expending Funds
17 ~ for the Planning; `and Administration of ,Projects: and Programs which
18 Facilitate;. the Rroduction, Improvement,, or .Preservation of Low and
19 Moderate Income Housing for 2004-2005. (Gaebler) ~ ,
20
21 Council Member O'Brien .asked for clarification of this resolution as a'
22 PCDC' resolution since he Thought :Housing was under Community ~ ~ _
23 Development.
24
25 ~ City Manager -Bierman -explained this :was .because it 'was' funded :by
26 PCDC:
27
28 Council Member O'Brien had d second, .question regarding, the; stated •
29 cost of the proposal as :zero -but .$364_;900 would be expended. for
30 planning and. administration. -
31
32 Housing Administrator Bonne Gaebler explained. this is a propotTionate _ •
33 ~ amount fog planning and administration and was allocated in the budget. .
34
35 M/S O'Brien/Torlia#t
36 CARRIED UNANIMOUSLY •
37
38 C. .Resolution 2004-204 N.C.S: Authorizing, the -City of Petaluma fo Apply for
39 Grant FuncJs for the. 2002 Resources ,Bond Act: `:Youth Soccer and
40 Recreation Development Program," Under the California :Clean Water,
41 Clean Air, Sdfe Neighborhood Parks; and Codstal Protection .Act of 2002.
42 (Carr) ,
43
44 Council Member Torliatt asked to be recused, as the. site is within 500 feet
45 ~ of her home.
46 -
47 Counci1,11Aember Healy asked for a.sfdtus.report from Jim .Carr.
48
49 Parks and .:Recreation Director Jim Carr sated this was. to obtain a
50 resolution to relocate the athletic :fields at Carter .Field. He became aware
51 of a grant program, that would help with some funding under Proposition
52 40 to provide for deyefopmenf of athletic fields. He stated the generic
November 1, 2004 Vol. 40,-Page 309 _
1 resolution before Council would indicate that Council was aware that he
2 would be applying to the state for this grant. He explained there were two
3 possible locations: McNear Park or Petal"uma Junior High, and a design
4 concept had been developed. He said he would submit applications for
5 both sites this week and when more information was available, he would
6 contact the state and withdraw qne of the grant applications.
7
8 PUBLIC COMMENT
9
10 Troy Sanderson, Petaluma, Petaluma National Little League stated he
1 1 supported the grant application.. He said this was an opportunity to meet
12 and' have a public process` so tha the groups who were affected have
13 the opportunity to speak before fhe move takes place. He wanted
1"4 Council to consider that he understood it was a "dollar for dollar match
15 from the Stdfe, and"we won't get an ariswer until the summer. As we go
" T 6 down this .parallel path, thaf yov have asked us to do looking at both sites,
17 we wo'n'f know .where we will :end up unfit this summer. We will .lose our
_ 18 fields as if stands now apparently - it may not be cast'in stone - we will lose
19 our field as September ~7; 2005. I' will get one more season in where I'm at
20 for our 250 "kids buf then we. wiU be moving, as if stands now. There will be
2T a tcernendous time crunch when we do find ouf if that money comes
22 available to get those fields cons#ructed and read y for play the following
23 February. The middle of February is abo:uf as soon as rain allows; us to start
24 playing; we start playing." He stated that the new facilities would be
25 smaller than. the current site because of the land. use restrictioris on the
26 wesf~ side. He said that they would not ask'-for more than what the -current
27 facility provides. He said that if the dollar for dollar match wasn't
28 obtained, there would be a 50% shortfdll° in the funding needed for the
29 project.
30
31 .Council Member Healy supported the, idea of submitting two applications
32 and pulling one as a much. better solution than trying to choose a site th_ is
33 week and bypassing all the involved organizations and public input.
34
35 Mayor Glgss asked if it was possible fo'add'"any other sites.
36
37 Mr. Carr replied that unfgrtunately the grant had to be site specific and it
38 was unknown whaf was going"to happen with the Fairground site since
39 their lease extends :to 2026.
40
41 Vice Mayor :Moynihan stated that regardless of the outcome, the City
42 would be "losing two adult playing fields. He '.suggested identifying the
43 fairgrounds as a possible. location :fora 90=foot. field .and submitting an
44 application for that: .
45
46 Mr: Carr stated this could, not., be dgne without su"pport of the Fair Board;
47 he did not think this was a vidble""option, considering the timeline.
48
49 'Vice .Mayor Moynihan stated he thought this plan could work out and
50 warned to'keep the door open. He wanted to put in another application.
51
Vol. 40, Page 31'0 November 1, 2004
1 Mr. Carr stated that he did not have a joint use agreement and„nothing
2 from the goverriirig body that said fhis was. a viable :option. -
3
4 Councilmember Thompson said that even in a year, th-ere would. be no
5 clearer°resolution regarding. the fairgrounds.
6
7 Mayor :Glass cla_ rifled that McNear' as a public park and'the relationship '
8 with the- Kenilworth Junior High because: of the :transaction made these
9 sifes available if the Cit
y got. the green. light to go ahead, and'if-the City
TD chose to pursue:it.
11
12 Vice Mayor Moynihan asked specifically what the City was going to do to
13 replace the two 90' fields,
14
15 ;Mr: Carr stafed that looking .at fhe existing inventory.,. he thought 'this use
16 could' be rnet: He Said the schools are going to have ~to open up facilities
17 for.additiondl use by the .community. He referred to the Recreation; Music
18 ,.and Parks Commission and its enae.avor to :have a. -meeting .with all
19 involved organizations where they would. identify problems with existing
20 inventory and try to have them help, the City "solve the problem. He said a
21 tentative meeting with .all the users .had. been scheduled for November 'l 6.
22
23 NI/,S: Healy./O'Brien
24 CARRIED B:YTHE~FO~L"LO.WING VOTE:
25
26 1 AYES: _ =lvlayor Glass, Harris, Healy, O'Brien, Vice Mayor Moynihdn; -
27 Thompson
28 ~ ~ .NOES: Nohe
29 ABSENT: None
30 RECUSED: Torliatt
31
r32 ,D.. Resolution 20U4 2U5 N:C.S. Rejecting All Bids for the .McNedr Peninsula
33 Phase I Improvements Project C4003U4. (Tuft)`
34
35 Council Member Torliatt .asked if access to McNear Peninsula could be
36 allowed.
37
38 Director of Parks and Recreation Jim Carr explained that Scott Duiven,
39 ~ ~ Associate' Planner in th"e General, Pldn Department, had been working..
4,0 with the :architect, trying to reduce the price. He said this. '.item would
4l. come back to Council and. after construction begins'in :January/i=eb'ruary;
42 access could' be allowed. _
43 -
44 Council -Member Torlidttsaid fhis area had been closed too long and she
45 wanted to- get people out there even without all the improvements
46 envisioned.
47
48 Council Member Healy had a question for staff regarding value
49 engineering. He ;asked if this was. to determine what could, be~ deferred to
50 a later phase o'r;reducing the expense. or quality of certain aspects.
51
November 1, 2004 Vol. 40, Page 311
' 1 Scott Duiven, Associate Planner, General Plan said it would be a
2 combination of both. He stated that the foundation for the project would
3 be developed and improved over time as additional money became
4 available.
5
6 M/S Torliatt/O' Brien
7 CARRIED UNANIMOUSLY
8
9 4. UNFINISHED BUSINESS
10
1 1 A. Second Reading (Adoption) of Ordinance 2195 N.C.S. to Establish Speed
12 Limits on Various Street's Within the City of Petaluma (Skladzien)
13
14 Couneil'Member Harris recused himself from the Hartman Lane portion of
15 the ordinance because of its proximity to his home, and left the dais.
16
17 M/S: Torliatt/Healy (Hartman Lane portion)
18 CARRIED BY THE FOLLOWING VOTE:
19
20 AYES: Mayor Glass„ Healy, O'Brien, Vice Mayor Moynihan,
21 Thompson, Torlidtt
22 NOES: None
23 ABSfNTt None
24 RECUSED: Harris
25
26 Council Member-Harris-returned to the dais. _
27 ~ .
28 M/S: O'Brien/Healy (,Balance of str`eets)~~
29 CARRIED UNANIMOUSLY ~ -
30 _ _ . -
31 5. NEW BUSINESS _
32
33 A, Resolufion 2004'-206 N.C.S. Amending the Compensation for Part-Time
34 .Positions That Have Full-Time Equivalent Classifications and Amending the
35 Compensation for Certain Other Part-Time. Positions. (Robbins)
36
37 Vice Mayor Moynihan said this showed the proposed raises, but not
38 current spay rates; he asked where the money was coming from and if it
39 was .budgeted? '
40 '
41 Interim. Human Resources Manager Pamala Robbins stated than these .
42 were budgeted item"s and this could not go forward unless they were. She
43 explained the first page -cleaned up the current salaries and reflected
44 what was currently being paid. She referred to the second page
45 indicating. the adjustments made by the Parks and .Recreation
46 Department and funding.
47
48 Vice Mayor Moynihan asked if this was in the approved budget and if the
49 incremental costs of this increase was known.
50
51 City Manager Bierman explained these were budgeted and were
52 reflected within the budgeted- amount.
Vol. 40, Page 312 November 1, 2004
1
2 Vice Mayor Moynihan. explained. his concerns about knowing. what kind of
3 money Phis would arriountto.
4
5 Council Member Torliatt stated that this- was reflected in the .budget and
6 motioned.
7
$ NI/S: Torliatt/Healy
9 CARRIED BY THE FOLLOWING VOTE:
10
1 1 AYES: Mayor Glass, Harris, Healy, O'Brien, Thompson, Torliatt' .
12 ,NOES:. Vice Mayor Moynihan.
13 ABSENT: None
14 .
15 B. Discussion. and Possible Action of Waiver Retluest from Meyers ..Nave
16 Riback Silver 8~ Wilson Regarding .Legal 12epres~ntation of 'Sonoma Marin
17 Area Rail Transit. (Bierman)
18
19 Council-Member Torliatt asked City Attorney Rudnansky about .having, his
20 firm represent SMART with the City of Santa Rosa's .rail depot and'. if 'this
21 would have anything to do with allocation of-funds for theirp~oject.
22
23 City Attorney Rudnansky stated that, he understood this dealt with
24 .mechanics.- not funding. He.said he was not handling this and that Leann
25 Goldberg was bringing this to Meyers Nave from her previous firm. He-said
26 ~ he would be involved with .some discussion.. with .SMART on fhe -spur tine~in
27 Petaluma. and this should be brought to Council's attention.
28. .
29 CounciLMemb.er Torliatt said: that if this had to do with setting up a #undi"rig
30. structure, or working on a development agreement for this project,
3'l Council would probably be doing the. same in the City of Petaluma
32 around the: depo,f~ Cation. She said siie didn't know if there would be an
33 inherent conflict because of how- the funding was put together.
34'
35 City .Attorney .Rudnansky stated that SIv1ART just wanted Leann to
36 conclude her work with Santa Rosa.
37
'38 Council MemberHealy stated that SMART was relying on Sonoma County
39 Counsel office for most legal matters. He said. he understood. this request
40 was limited to environmental issues at the Santa Rosa depot=and with this
41 limitation~he did not have concerns.
42
43 Council Nle.mber Torliatt stated she wanted to raise this issue so in the
44 future ahe .City Attorney would be_: aware.
45
46 M%S: O' Brie_ n/Healy
47 CARRIED UNANIMOUSLY
48
49 C. Resolution 200:4-207 N.C.S. .Ratifying Memorandum of U:riderstanding
50 .Executed' by the Duly .Authorized. Representatives of the City and the
51 International Association of Firefighters Local 1.415 for Employees 'of Unit 7
52 (Fire). (Robbins)
November 1, 2004 V'ol. 40, Page 313
1
2 Vice Mayor .Moynihan stated that this was an additional pay increase
3 adding another million-dollar deficit. He asked, once again, what lay-offs
4 .and services would have- to be reduced. He was concerned about
5 _ reducing reserves in case of an emergency. He stated these people are
6 overpaid relative to what is going on in the community.
7
8 Mayor 'Glass cefei-red #o the .binding arbitration contract and that the Fire
9 Departrne,nt had aone-year'agreement. He said revenues are up in the
i 0 City but' there are some economic challenges. He stated he chose to
1 1 allocate resources to retain quality employees in the Fire Department.
12
13 Council M,'ember ,Healy stated 'that recruitment/retention were serious
14 issues iri this commurity for both Police and Fire. He said the City was
15 behind .comparable jurisdictions in pay and benefits. He said this was a
16 fir"sf step to bring Petaluma closer~to similarjurisdictions:
17
18 Council :Member Torliatt agreed with the Mayor and Council Member
19 .Healy. She stated it was important to have labor peace in the community.
20 She s -aid this helped in the .interim while cities wait to see if 1 A passes and
21 as the City works towards economic prosperity for the community.
22
23 - Council Member Harris said he was glad " to respect and honor the
24 firefighters.
25
26 ~M/S:O"Brien/Thompson - -
2Z _ CARRIED BY THE FOLLOWING UOTEt
28
29 AYESt Mayor Glass, Harris; Healy> O'Brien, Thompson, Torliatt
30 NOES: Vice Mayor Moynihan
31 ABSfNTt None
32 .
33 D. Introduction of O"rtlinance 21`;96. N.CS: Accepting Donation of a Parcel of
34 1.04 .Acres of .Real Property from Marina Office Park Associates and
. `35, Autho~izing the City Manager to Execute a Certificate of Acceptance
36 Once Certain Conditions Are Met. (Bierman)
37
38 City.Manager Bierman referred to a .map in front of Council showing the
39 parcel.. He explained this parcel would make it possible to extend the trail
- _ 40 for hiking and biking all thee"-.way'through-to the east to Legacy who has a
41 right to puff a path through. He said the parcel comes with 120 total
42 parking spaces with 80 dedicated to the City. He said if it were decided
43 at the .association meeting. that the remaining area could not be turned
44 over to the City, MOPA-would pay for it. He said it was in the City's interest
45 to accept property for trail and parking in the marina project area.
46
47 ~ Council Member Torliatt wanted. clarificdtion regarding the discussion
48 ~ - ab'out' the parking lot, stating she wanted more information before the
49 second reading 'to deterrnirie if there were any financial responsibilities or
50 pro-rata share bf' cost associated with this. She said she would like to see
51 an exhibit showing .Jot 4 and lot 5 that were being discussed in the staff
52 report because none of the. attachments reflected them.
Vol. 40; Page 314 November 1; 2004
1
2 City Managed Bierman stated this. information could be provided by the
3 second reading on November 15.
4
5 Gounc'il Member Healy asked .:if' this parcel. had a sewer • main, under it
6 going out to the. oxidation ponds.
7
8 Ci#y Man"gger,Bierman answered it-does have sewer easements.
9
10 Council ,Member Healy said he -thought if had the main .line to link to the
1 1 ~ ;new wastewater facility and'this was an even better season to have it.
12
13 Vice Mayor Moynihan asked what- was the City was. going to do with this
14 property and why was it necessary to incurfhe liabilities.
15
16 .City' Manager~Bierman explained that this would' :allow for a continuation
17 of hike/bike trail'throughout the area and it has an easemenf..He slid tfaat
18 the. City is a member of MOPA and. flerefore .shares some: of the liability
19 already. .
20
21 Mr. Carr explained that the property behind .Legacy has a project
22 pending to expand the parking lot and a .bike trail that would go all: the
23 way to. Casa :Grande Road next to Rocky Dog Park.. He said this would - ,
24 give. -the City one more link toward the Shollenberger Trail and on fo the
25 new newer treatment` plant::He said the vision. was to work toward :getting
26 - -a trail from. downtown =all •the-way to the new sewer facility and connect .
27 ~ with the Bay Ridge Trail as well...
28 _
29 Vice Mayor'Moynihan asked if the rest of the trail was owned fee simple,:
30 - .
31 ;Mr.: Carr.answered that the area to the w.esf was not owned, buf'the area
32 to the east would be owned as a permanent edsement. 'H'e explained
33 that, this parking helps the Marina and° the: new Workout Plan that. would..
34 change the type oY boats that would, be moored at the Marina that
35 would make additional parking necessary: He thought for the.future, this.
36 was good planning.
37 -
38 ~ Vice. Mayor Moynihan, clarified that the City' was ..not asking fior an •
39 .easement b"ut a -fee sirrmple dedication and ahe City was assuming liability
40 for the .owner's association assessments for the parking and common area -
41 mainfenance.
42
43 City Manager Bierman :explained that the .City was already a member of
44 MOPA and there was an, assessment that would be increased by
_45 assuming the 80 parking spaces. . _
46
47 Council Member Torlidtt stated that this is what she:. was asking; staff to -
48 clarify before the second reading because if the Council ,doesn't move it
49 now,.'they could lose:"the possibility of getting this property, She supported
50 the tcdil connection and motioned to request an exhibit that would be
51 brought back to Council for the second reading identifying lots 4, .5., and
52 the 80 .parking spaces; and 'additional information on any financial
November 1, 2004 Vol. 40, Page 315
1 responsibilities that the Council may incur by the acquisition of this
2 property.
3
4 Vice Mayor Moynihan asked about the proposed use and the Phase 1
5 E.nvironmenfdl Assessmerit, how would this be done.and when. He felt the
6 ,process seemed backwards.
7
8 City Attorney Rudnansky explained that it was conditioned on Phase 1
9 being completed before the transfer would be done.
10
11 Vice Mayor Moynihan said he was not sure about the timing and
12 questioned. if the City was' better off with it or without or if maintaining an
13 easement was in the best interests of the community.
14
15 PUBLIC COMMENT
16
i 7 Borue O'Brien, Marina Office Park Associates pointed out that the
18 donation must be done by December 31, 2004 tax reasons. He stated
19 they have approval to build 24,000 SF of retail/office space.. He explained
20 that their information shows there is a sewer line on the property without
21 benefit of an easement. He tafed this would cause future conflict if the
22 developmeht occurs and he wanted to give it to the City to solve this
23 problem: He added that under the rules ' of the Owners Association
24 identifying the parking spaces could not be done; he said they were not
25 designated and could be an.y where within the project. He said they were
26 - -originally:going to have 120 spaces-but it was reduced to 80, reducing the
27 City's cost by about $2000; he said if this was still an issue, he would
28 address this on November 15tH.
29
30 .City Attorney Rudnansky made note of a procedural point =that this
31 resolution had to be introduced unanimously because of the second
32 'reading oh the. 15tH.
33
34 M/S: Torliaft/Thompson
35 CARRIED UNANIMOUSLY
36,
37 ADJOURN TO: CITY COUNCIL CLOSED SESSION
38
39 PUBLIC COMMENT -None.
40
41 ADJOURN TO CLOSED SESSION' - 4:20 p.m..
42
43 a CONFERENCE WITH LEGAL COUNSEL-.EXISTING LITIGATION (Government Code §54956(a)) City
4.4. of Petaluma ys. Novak et al. (Sonoma County Superior Court Case #226816.
45 o CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant Exposure to Litigation
46 (Governrnenf Code §54956.9[bj) (one mditer),
47 a CONFEREI~lC6 WITH LEGAL COUNSEL-EXISTING LITIGATION (.Government Code §54956(ai)
48 Thompson et al. vs. City of Petaluma (Thompson II); 17:S. District Court, Northern California, Case
49 # 'C03=0033EDL).
50 • CONFERENCE WITH LABOR NEGOTIATOR: Government Code §54957.6. Agency Negotiator:
51 Michael Bierman and Unrepresented Employees.
52
Vol. 40, Page 316 November 1, 2004
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2 THERE VI[AS NO EVENING SESSION SCHEDULED.
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7 David Glass, M
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10 ATTEST:
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15 Claite Cooper, Deputy City rk
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