HomeMy WebLinkAboutMinutes 07/19/2004 Jufy 19, 2004 Vol. 40; Page 181
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a . ~ , City of'l'etalua~ac, Califoraaac
X85,8 MEETING'OF THE PETALUMA CITY COUNCIL.
AND THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Mee#ng Minutes
Monday, July 19; 2004-.3:00 P.M.
Regular- Meeting
1
2 CALL TO ORDER
3
4 A. Rolle Call
5
6 Members Harris, Healy, Moynihan, O'Brien, Thompson, Torliatt and Mayor Glass
7
8 B. Pledge of Allegiance
_ 9-- _ _ - _ _ . _ . _ . _ _ _
10 PUBLIC COMMENT
11
12 Frank Simpson, Petaluma, .referred to his docurneht regarding establishing a residential
13 parking permit system for the City of Petaluma to do something about vehicle blight
14 throughout the City.
15
16 Mark:Albertson, Petaluma, thanked the Council for addressirig the repair of City streets.
17
18 Geoff Carfwr'ight, Petaluma, referred to.-the Council Members' comments prior to the
19 beginning of the meeting. He supported the public's right to know and PCA's efforts to
20 bring iriformation to the. community.
21
22 Ryan Tamborski, Petaluma, referred to the personal e-mail from Peter DeKramer of PCA
23 regarding the yellow ribbon campaign and 'stated that PCA did not make those
24 statements or endorse them, He -said thaf PCA regularly airs programming put on by
25 veterans on various issues. He felt insulted by Council`s remarks.
26
27 COUNCIL COIVIMfNT
28
29 Council Member Torliatt asked. to adjourn the meeting ,n 'memory of :Donald Lewis.
30
31 Vice Mayor Moynihan clarified. his. statemerit regarding, PCA as, "it was a noble
32 experiment that clearly has failed.'"~ He stated that some. of the content of PCA is not
33 appropriate. He wanted to agendize improving the. content of PCA, to evaluate the
34 contractual relationship with the cable: corripdny, and funding of PCA. He also stated
35 that a lof is being done to repair the streets and he hoped that the City has learned that
36 proper maihtenance will. save the community money in the long run. He felt the funding
37 for street maintenance in the currenf budget falls significantly short of the amount
38 needed.
= 39 _
40 Mayor Glass added that the most important recommendation from the Citizens Advisoi',y
41 Committee was their effort, through the Utility Tax ballot measure, to provide funds to
-
Vol. 40, Page 182 July. 19, 2004
1 bring the streets up to an acceptable stdridard and the recommendation"to implement
2' the committee's recommendations. H'e also stated that the committee. did not
3 ~ recommend the type of General Fund expendfure that Vice Mayor Moynihan has
4 pressed for.
5
6 CITY MANdGER COAAMENT
7
8 There were none.
9
1.0 AGENDA.CHANGES AND DELETIONS (Changes to current agenda only), -
11 ~ -
12 There were none.
13
14 APPROVAL OF MINUTES.
15
16 1. APPROVAL OF MINUTES -
17
18 A. None submitted.
19
20 ~ 2. APPROVAL OF PROPOSED AGENDA
.~_..21__. .
22 A. Approval of Proposed Agenda. for' Council's Regular Meeting of August'2,
23 ..2004.
24
25 ~ Council .:Member Healy asked if there would be a quorum for, the• August
26 2~d meeting. After discussion,. it was determined that there would not be a
27 quorum. It was decided that City Manager .Bierman would schedule the.
28 make-up meeting for August 23~d and poll' .the members. for availability. -
29 Council Member Torliatt mofioned to eliminate the regularly scheduled
30 August 2~tl meeting.
31
32 MOTION.to ca_ Heel the August 2, 2004 City Council Meeting due to a lack
33 of a quorum.
34
35 M/S Torliatt and,Healy. CARRIED UNANIMOUSLY.
36
f
37 3. COPVSENT CALENDAR
38
39 Council Member'Torliatt wished to' pull 3.H. and 3.K. for discussion.
40
41 Council Member Healy wished to pull'3`.E. for discussion.
42 -
43 MOTION to adopt the balance of the Consent Caleridar.
44 '
45 M/S O'Brien and Torliatt': CARRIED UNANIMOUSLY.
4b -
4~7 ~A. Resolution 2004-125 N:C.S. Receive and File Quarterly Treasurer's Report:
48 {Netter)
49
50 B. Resolution`2004_-126'N..CS..Accepting Claims and Bills from Jurie 2004.
51 (Netter,)
52
.July 19, 2004 Vol. 40, Page 183
1 C. Resolution 2004-127 N.C.S. Accepting Completion of Phase 8 of the On-
2 Call. Pavemenf Maintenance Project 9732-8. (Skladzien/ Castaldo:)
3
4 D. Resolution. 2004-.128 N.CS. Awarding the Contract for the 2003-2004 Water
5 Service Replacement Project. (Nguyen/Ban)
b
7 E. Resolution Awarding Contract for EIy Boulevard, 'B' Street, East Washington
8 Street Rehabilitation .(04-C500600-1). ,(Skladzien/ Castaldo) Removed from
9 the Consent Calendar for separate discussion.
10
1 1 F. Resolution .2004-129 N:C:S. Awarding Contract for the FY 2004-2005
12 Pavement Maintenance Program (04-C500500-1). (Skladzien/Castaldo)
13
14 G. Resolution: 2004:--130 N.C:S. Awarding Contract: for the Washington Creek
15 Multi`-Use Trail (04-C1'00401-1). (Skladzien/Castaldo)
16
17 H. ~ PCDC~ Resolution Authorizing Transfer of Tax. Increment Funds to the City;
18 City Council ~ Resolution Accepting PCDC Funds and Authorizing
19 .Expenditure. for Street Improvements; City Council Resolution Awarding a
20 _ _ _ _ Construction Contract for FY 2004-2004 Street Rehabilitation -
21 ~ Redev_elopment Area - Arferial/Collector Project No. 04-C201104-2.
22 (Skladzien/ Castaldo) Removed from fhe Consenf Calendar for separate
23 discussion.
24
25 I. Resolution 2004-1..31 NC.S. Approving Acceptance of FAA Matching Fund
26 Grant for Airport Improvement. Program (AIP) 14. (Skladzien/close)
27
28 J. Resolution. .2004-1.32 N.C.S. Setting Annual Assessment Rates for
29 Assessment' Districts Nos. X23 -Redwood Business .Park and Consolidated
30 District No. 24/25 -Lakeville .Highway/McNear Landing. (Netter)
31
32 K. Resolution of the Petaluma `City Council Approving Amendment to
33 Employment. Agreement with Richard P..: Rudnansky of Meyers, Nave,
34 Riback, Silver &Wilson, City Attocney.,Removed from fhe Consent Calendar
35 for separate discussion.
36
37 Items removed for discussion:
38
39 E. Resolution 2004-133 N:C.S. Awarding Contract for Ely 13oulevgrd, 'B' Street;
40 East Washington Street Rehabilitation (04-C500600-1). (Skladzien/
41 Castaldo)
42
43 Council Member Healy wished to clarify the resolution awarding the
44 construction contract for street reconstruction because some of the
45 recommendations for treatment o,f the streets differed from the Citizens
46 Advisory Cormittee recommendations. He was .particularly concerned
47 with 'B' Street and Petaluma Boulevard North .with a, proposed "bonded
48 wear coat," when the Street Committee recommended "quilting" and
49 asphalt. overlays.
50
51 Director of Public Facilities and Services .Rick Skladzien explained that
52 those streets are scheduled not for patching but for rehabilitation. The
Vol. 40, Page 184 July 19,.2004
1 consultant`recammen,ded using "voce-outs" on Petaluma. Boulevard with
2 quilting, and Chien applying.. a bonded wear coat. He lafer recommended;
3 which requires, a :change-`grder to accomplish, not putting a 'bonded
4 wear coat but a full 2-inch overlay. On 'B' Street there will also be quilfed
5 and patched. ,
6
7 Gouncif Member Hedly'was satisfied and moved .Item 3.E'.
8
9 MOTION to adopt:'~Resolution 2004=133 N:C.S.:
10
1 1 M`/S Healy.and Torlaft. CARRIED UNANIMOUSLY.
12
13 H. PCDC Resolution 2004.=12 Authorizing Transfer of Tax Increment: Funds to
14 the City; .,City Council Resolution 2004-134 !N:C.S. Accepting PCDC funds
15 and Authorizing Expenditure for Sheet Improvements; 'City Council
16 Resolution.2004-.1'35 N.C.S. Awarding q Construction Contract.for FY 2004-
17 2004' Street Reh6bilifation; -Red'evelopmen't .Area -Arterial/Collector
18 Project No. 04-C2011.04-2. (Skladzien/ Castaldo)
19
20 Council Member Torliatt had questions,, about the sfreefs~that_needed' to__ , _ _ _ ~
21 be reconstructed, and in particular, East Washington Street. She was `
22 concerned that:. the tuning of the work needed to be carefully
23 coordinated and suggested the vast majority of the work be done of
24 night.
25
26 .MOTION to dd~pf PCDC Resolution 200.4-12, City CounciF Resolution 2004-
27 134 N.C:S., and Cify Council Resolution 2004=13'5 N.C.S.:
28
29 M/$ Torliatt and O'Brien. CARRIED UNANIMOUSLY.
30 .
3.1 K. Resolution 2004:-.136. N.C:S. of the Petaluma City Council Approving
32 .Amendment to Employment Agreement with. Richard R. Rudhansky of
33 .Meyers,Nave, Riback, Silver &Wilson, City Attorney.
34
35 ~ - Covneil 1Vlembe"r. Torliatt indicated that she did not have questions buf
36 that she would not vote in;favor;of item 3.K.
37
38 ~ MOTION to adobt Resolution 2004=13'6 N:C:S.:
39
40 M/S Nealy`and O'Brien: CARRIED,BY~THE FOLL01fVJNG VOTE:
41 ~ .
42 AYES: Healy; ~O' Bri'en, 'Moynihan, Glass, Harris, Thompson
43 NOES: - Torliatt.
44
45 4. PUBLIC HEARING
46
47 A. .Resolution°2004.-13Z NC.S. Discussion and Possible Action Ordering
48 Abatem.ent'~of NuisanceC.onsisting of Weeds Growing ocr Public/Private::
49 Property in the City of Petaluma and Ordering the Fire Chief to P,emove
50 Said Weeds by Contract or'His Own Forces. ('Albertson/Ginri)
51
52 .Fire Marshal Mike.. Ginn reported thaf the abatement has gone weli.
July 19, 2004 Vol. 40, Page 185
. 1
2 INnyor Glass opened the public hearing. Hearing no requests to `speak, the public
3 hearing was closed'.
4
5 MOTION to adopt Resolution 2004-1.37 N.C.S.:
6
7 M/S Healy and Glass. CARRIED UNANIMOUSLY.
8
_ 9 5. UNFINISHED.BUSiNESS
10
1 1 A. Continuation of Discussion and Adoption of the Proposed 2004-05 City of
12 Petaluma and Petaluma Community Development Commission Budget:
13 ~ ,
14 1. ,Resolution 2004-138 N:C.S. Adopting Preliminary FY 2004-2005 City
15 of Petaluma Budget; Resolution 2004-T39 N.C.S. Adopting
16 Additional Appropriations Through August 31, 2004.
17
18 2. Either:
19
20 A. Introduction and Adoption of_an Ordinance _Providing_.for_ _
_ _ _.-21- - - - ~Appropnations for FY 2004-2005 and Declaring an Urgency.
' 22 (Netter) OR
23
24 B. Introduction (First .Reading) of an Ordinance Providing for
25 Appropriationsfor FY 2004-2005. (Netter)
26
27 Item A. 1.
28
29 City Manager Bierman presented the budget with PCDC and CIP
30 and Council's changes included.
31
32 Vice Mayor- .Moynihan said thdt he had requested the PCDC
33 revised budget and a ,Sources .and. Uses Summary. He suggested
34 .introducing the .ordinance and to give staff more time to
35 complete,, as he didn't want to do an urgency ordinance.
_ 36
37 Council Member Torliatt and Council Member Harris explained
38 their previous votes against the passage of the: budget were due
39 to the lack of PCDC and CIP information. They both favored
40' adoption of the complete .budget with all the information
41 included.
42
43 MOTION to adopt Resolution 2004-138 N.C.S. Adopting Preliminary
44 FY 2004-2005 City of Petaluma Budget and 'Resolution 2004-139
45 N.C.S. Adopting Additional .Appropriations Through August 31, 2004
46 M/S Healy and Torliatt. CARRIED UNANIMOUSLY.
47
48 Item 2.;4. Consideration of Urgency Ordinance:
49
50 MOTION to adopt the urgency ordinance:
51
52 ~ M/S Healy and O'Brien. FAILED ON A 6-1 VOTE AS FOLLOWS:
Vol. 40, Page 18b July 19, 2004
1
2 ~ AYES:, 'Glass, Harris, Healy,. O'Brien, Thompson, Torliatt
3 NOES:: 'Moynihan
4
5 MOTION to introduce Ordinance~2188 Providing for Appropriations
6 for FY 2004'-2005.
7
8 M/S Healy and Torliatt. CARRIEp UNANIMOUSLY.
9
10 PCDC .Resolu#ion 2004 13 Adoption the Petaluma Community
1 1 Development Commission budget.
12
13 Vice Mayor Moynihan referred to -the budget format he requested
14 for PCDC that :.had riot been provided. 'He wanted to adopt th'e
15 ~ budget in the preferred format with a Sources and Uses Summary.
16 He requested withdrawal of the motion.
l7
18 City Manager Bierman stated that Council would be reviewing -the
19 overall budget with. ttie Uses and Sources when it is brought back.
20
_ _
21-----.---- __---------MOTION~to.adoptPCD~_-__._.._~__~.-.,_--------____,-_____~~__
- C Resolutiori3004-T3;
22 ,
23 M/S Healy and Thompson. CARRIED ON A.6-1 VOTE AS FOLLOW5: ;
24
25 AYES: Glass, Harris, Healy, O'Brien, Thompson, Torliatt
26 .NOES:- Moynihan
27
28 B. .Discussion and Possible Action to. Add an Advisory. Measure to the
29 November .2, 2004 General Municipal', ,Election. (Council Member .Healy
30 proposal)
31
32 o Resolution 20204-140 N'.C.S. of the City Council of the- City of
33 .Petaluma, Ceilifornia, Ordering the Submissionto the~Qualifed Elecfor•s
34 of the City of ,a Gertain.:Measure Relating to an Atlvisory NFebsure
35 Regarding,;the~ Rdine.r Cross-Town Connector and 'Interchange Project
36 at the General, Municipal Election to be Held, on Tuesday, November
37 2; 2004, and Requesting the Sonoma County Board of Supervisors to
38 Consolidate Said Electron with the November 2, 2004 Presidential
39 Election.
40
41 Resolution 2004-141 .N:C.S. of fhe-City Cou,ncil_ of fhe City of Petaluma
42 California, Providing for. the Filing of Arguments -for the :Advisory
43 Measure Submitted at the November 2, 2004 .General Muhicipal
44 Election and :Directing the City Attorney to Prepare an Impartial'.
45 Analysis of the Measure.
46
47 ,Resolution 2004-142 N.C.S. Au#horiing Submission of Written
48 Arguments.by City Council' Members Regarding the Rainier Cross-Town
49 Connector 'and Interchange Project Advisory Measure for the
50 November 2,.2004 General Municipol'Election.
51
July 19, 2004 Vol. 40, Page :187
_ 1 C. Discussiori acid Possible Action to Add an Advisory Measure #o the
2 November 2, 2004 General Municipal .Election. (Mayor Glass proposal)
3
4 Resolution of the City Council of the City of Petaluma, California,
5 Ordering the Submission to the Qualified Electors of the City of a
6 Certain Measure Relating to an Advisory Measure Regarding the
7 Rainier Cross-Town Connector.and Interchange Project at the General
8 Municipal Election to be Held on Tuesday, November 2, 2004, and
9 Requesting the. Sonoma County Board of Supervisors to Consolidate
10 'Said' Election with the November 2; 2004 Presidential Election
11
12 • Resolution of the -City Council of -the City of Petaluma, California,
13 Providing for the Filing of Arguments for the Advisory Measure
14 Submitted at the November 2, 2004 Generdl Municipal Election and
15 Directing the City Attorney to Prepare an Impartial Analysis of the
16 Measure.
17
18 Resolution Authorizing Submission of Written Arguments by City Council
19 Members Regarding the Rainier Cross-Town Connector and
20 Interchange _Project _Advisory_ _Measure for _ the November_ 2,_.,2004_ _
- ~ - - 21 General Municipal Election.
22
23 Council Member Torliatt referred to Items S.B. and 5.C., stating that her
24 preference would be to not put' either on the ballot. She did not think
25 these advisory measures made it clear to the community that they may
26 be voting to put about 27,000 additional daily car trips on Petaluma's
27 streets and roads. As a compromise, she proposed placing both measures-
. 2$ on the ballot'to give the community a choice. Mayor Glass would second
29 this.
30
31 PUBGC.INPUT
32
33 David Keller, Petaluma River Council, didn't .support Council Member
34 Healy's Rainier initiative since it was not performance-based and could
35 not show how it would relieve traffic on Washington Street. He said with
36 the necessary additions to complete Rainier, they would make it more
37~ expensive than Corona and the community would not be aware of this as
38 the initiative is written.
39
40 Geoff Cartwright, Petaluma, noted that with the development of the
41 Kenilworth site, Washington would be widened and opens the overpass to
42 alleviate traffic. He said the Rainier project serves development in the
43 undeveloped floodplain.
44
45 COUNCIL DISCUSSION
46
47 Council Member Healy did not support putting both measures on the
48 ballot.
49 _
50 Vice Mayor Moynihan agreed with Mr, Cartwright and Mr. Keller but
- 51 stated it should be built. He felt that the community could misconstrue the
52 advisory measures and did not support putting them on the ballot.
Vol. 40, Page 188 July 19, 2004
1
2 Councif Member O'Brien did not support putting both. measures on the
3 ballot.
4
5 MOTION #o put both measures on the ballot.
6
7 M/S Torliatt and Glass. MOTION FAILED ON A "2-5 VOTE AS FOLLOWS:.
8
9 AYES: Torliatt, :Glass
10 NOES: Healy, Harris, O'Brien,Thornpsori
11
12 .Council Member Moynihan motioned to put neither- measure 'on fhe
13 ballot:
14
15 M/$ Moynihan. and Glass. MOTION fAILED ON A 3-4 VOTE:
16
17 AYES: Moynihan, Glass, Torliatt
18 NOES: Healy, Harris,. Thompson, O' Brien
19
20 Consideration of-items under Item 5B____„__
- _21.__ _
22 Council Member Harris commented on his review o'f the measures and felt
23 that Mr. Healy's language presented :Rainier as a solution to traffic
24 congestion as based on the utility index'information,
25
26 Council Member Healy felt with. the comparison of Rainier and' Corona,
27 this .project could be coordinated with the widening of Highway 101 and
28 other related road projects. He felt it was important that the public be
29 aware that the: traffic ~ on Washington would; be impacted by 1 1:,5,000-
30 additional vehicle trips from the CPSP area and did not include. the
31 additional trips'from the development of the Kenilworth site.
32
33 Council Member Toriidtt stated that it was inferred that Mayor Glass's
34 Responsible Rainier measure language did not ,authorize. Rainier, when in
35 fact it did.. The main difference she sees is that his .measure- would not
36 generate an additional' 27,000 vehicle trips that the development around, .
37 Rainier would.
38
39 Mayor Glass clarified that his measure was written to provide true traffic
40 relief.
41
42 Council` Member Healy stated, that he .added language to address the
43 issue that Rainier would not be built for assumed traffic mitigation of any
44 development until the funding and other :environmental concerns: had:.
45 been identified. He reiferated that the additional traffic-generated' by the
46 GPSP developmenf and the Kenilworth sife would make Rainier necessary
47 , to provide traffic relief: He cited fihe traffic analysis, that- showing 'Corona
48 as only one-fourth as effective as Rainier to take fraffic off Washington.
49
50 Council iMem6er Healy clarified that his motion encompassed. all the
51 items -under Item S.B. including the argument; Council Members Healy,
July 19, 2004 Vol. 40; Page 189
~ O'Brien, Thompson, and Harris were designated to be on the ballot
2 argument.
3
4 MOTION to adopt all three resolutions relating to Council member Healy's
5 ballot measure proposal:
6
7 M/S Healy and O'Brien. CARRIED ON A 4-3 VOTE AS FOLLOWS:
8
9 AYES: .Healy, Harris, O'Brien, Thompson
10 NOES: Glass, Moynihan, Torliatt
11
12 Vice Mayor Moynihan explained his NO vote was in consideration that
~ 3 Council should be showing leadership on this issue.
14
15 Council Member Torliatt explained her NO vote was .based on the fact
16 that neither should be on the ballot because Council should make the
17 decision.
18
19 Mayor Glass explained his NO vote in consideration that the public should
20 have a choice of what type of end product they envisioned. He thought
this would- allow for more `traffic -ov.er-a-wider 'landmass--than-is-currently-
22 available and the consequence of gridlock.
23
24 City Clerk Gayle Petersen clarified with the City Council that the four Cify
25 Council Members authorized to sign a .ballot argument on behalf of this
26 measure would be Council Members Healy; O'Brien, Harris and Thompson.
27
28 Council Member Torliatt motioned to put Mayor Glass' proposed measure
29 on the ballot.
30 -
31 M/S Torliatt and"Glass. MOTION FAILED ON A 2-5 VOTE AS FOLLOWS:
32
33 AYES: Torliatt/.Glass ,
34 NOES: Harris, Healy, Moynihan; O'Brien, Thompson
35
36 Council Member Torliatt stated that she. felt that the public needed a
37 choice between. what they expected Rainier to provide to the
38 community.
`39
40 D. River Oaks/Pet'aluma Factory Outlet Village; Locatioh: 2200 Petaluma
41 Boulevard North. [AFNs 048-08Q=039, 0.07-401-043, 007-40,1-044(Parcel. A)';
42 007-391-009 (Parcel B); 048-080=038 (P,accel :C);, 048-080-033',007-391-035
43 (Abandoned Railroad right-of-way)]. Project File No. REZ0200,1
44 Consideration and possible action on a recommendation from the
45 Planning Commission regarding:
46
4.7 A Final Subsequent: Environmehtal.Impact Report for Proposed
48 Development of Parcels B and C of the Former River Oaks/Petaluma
49 Factory Outlet Village.
50
51 • A .Modification to the River Oaks/Petaluma Factory Outlet Village
52 Master Flan to Allow Development of Parcels B and C as Proposed in
Vol. 40, Page 190 July 19, 2004
1 the Petaluma'~Village Marketplace Planned Community District
2 General pevelopment Plan.
3
4 This item was continued of fhe June 21, 2004 Meefing: to July'.19, ..2004.
5
6 MOTION to continue this ifem to August 16, 2004:
8 M/S Glass and Thompson. CARRIED UNANIMOUSLY.
9
10 6. NEW BUSINESS
11 ~ - .
12 A. PCDC Discussion and, Adoption of .PGDC Resolution 2004=14 Authofizirig
13 the Purchase of Sfreet. Furnifure for Downtown Improvements,, Phases. I
14 (Project 0200603); & Writer Street River Walk Improvements (Project.
15 0200403) (lvlar'dngell'a)
16
17 .Director of, Economic Development. and Redevelopment Pa.uf Marg_ngella
18 explained that Phis project would be a community effort involving high
19 school students,: who would manufacture or assemble some of the street
20 furniture. The. Arts Council ~ has helped with the design of some details as
--2.1 welly-_-------
22
23 _ Council. Member Thompson had a question about the benches to assure
24 that the wood used should be leak or a variety that .does not need
25 paiiating ocstainng;~ and to pldce them: in the shade.
26
27 Council Member°O'Brien asked if therewould be palm trees.
28 .
29 Director Marangella indicated SPARO planned four palms at .the
30 intersection of`Western and Petaluma Boulevard.
31
32 Council Member O'Brien wanted clarification. of the $1,.600 anchor -trash
33 receptacle..
34
35 Director iVlarangella explained these are manufactured in England 'and
36 are indestructible.. -
37
38 Council Member O'Brien did' not support fhe cost of the tree. grates and
39 drinking fountain and' asked.what it would cost to.replace them.
40 ~
41 ~ :Director -Marangella explained that 'the: off-the-shelf, items would, not be
42 `thaf much cheaper when` the °confeacfor mark=up is factored' in. H'e said
43 SPARC has given design direction to accomplish a more historical look.
44
45 Council Member- :O'Brien :did .not support 'these purchases and stated
46 Council overrides SPARO's decision.
47 ' -
48 MOTION to adapt the PCDC:`Resolution 2004-14:
49
50 M/S Thompson: and Healy. CARRIED ON A 5-2 VOTE AS .FOLLOWS:
Sl
52 AYES: Harris, Healy,. O"Brien,. Thompson, Torliatt
.July 19, 2004 ~ Vol. 40, Page 191
1 NOES: O'Brien, Moynihan
2
3 Mayor Glass stated for the record that this project came in under budget
4 and was do exciting proposal and he felt that spending money on
5 ambiance was important.
6
7 ADJOURN TO: CITY COUNCIL CLOSED SESSION .
8
9 The City Council adjourned to Closed Session at 4:20 p.m.
10
1 '1 CLOSED .SESSION
12
13 ¦ CONFERENCE WITH LABOR NEGOTIATOR: Government Code §54957.6. Agency Negotiator:
14 Michael Bierrpan/Pamala Robbins. Employee Organization: AFSCME, IAFF Local 1415 and
15 Unrepresented Employees.
16 PUBLIC EMPLOYEE' PERFORMANCE EVALUATION: Pursuant to Govt. Code §54957(e): City
17 Manager
18 CONFERENCE 'WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant Exposure to
19 Litigation Pursuant to Subdivision (b) of §,54956.9: [2 cases)
20
_ _
22 MONDAY. JULY 1'9..2004 -EVENING SESSION
23 7:00 P.M.
24
25 CALL TO ORDER -Mayor Glass called the meeting to order at 7:03 p.m.
26 ~ -
27 A. Roll Call
. 28
29 .Present: Harris, Healy, Moynihan, O'Brien, T,orliatt and Mayor Glass
30 Absent: Thompson
31
32 6. Pledge of Allegiance
33
34 C. Moment of Silence
35
36 REPORT OUT OF' CLOSED SESSION ACTIONS TAKEN -
37 -
38 There was no reportable action taken.
39 -
40 `PUBLIC COMMENT
41
42 Maft Maguire, Petaluma, stated the Brown Act allowed for public comment on issues not
43 on the agenda. ~ -
44
45 Mayor Glass clarified that Public Comment would beat the end aril only to address this
46 item. With the permission of the Council he requested That the first public comment be
47 addressed to Supervisor Kerns' presentation, them, for' items not on the agenda, their
48 public comment would be taken following the presentation
49
50 7. PRESENTATIONS
51
52 A. Presentation by Supervisor Mike Kerns on Proposed Park at Tolay Ranch
53 (15 minutes).
Vol. 40, Page 192 July 19, 2004
1
2 Supervisor Kerns presented the County's plans to acquire a large piece of
3 :property to develop a new regional park in South County. When the
4 Cardona Ranch became available; he saw a unique opportunity to
5 preserve a valley with beautiful views as well as an opportunity to restore
6 Tolay Lake and Tolay Creek. He explained the purchase price was. below
7 the appraised value of the property and the property had 28
8 developable lots that would be preserved from development.. He stated
9 he realized it was not Sonoma Mountain, and the Open Space ;Districf
1'0 had attempted to acquire the Galvin property but did not find. a willing
11 seller.
12
13 Andrea Mackenie, General Manager, Agricultural Preservation and
14 Open Space District, updated the Council on the purchase bf the 1,737
15 acre Cardona Ranch and explained the properties recreation pnd
16 restoration values. She ,briefed them on the preliminary park use concepts
17 if the project goes forward and fhe terms and conditions: Option Term-
18 One Year; charitable donation of :$500,000 from property owners„ and a:
19 leaseback by the Cardozas. She- stated additional funding would.: be
20 required to purchase the_land and.the District had .applied to the State
^21.-___--_-_- ands Federal governments for-assistance: They have until- April-2005 #o-~----~
22 complete. the necessary sfu,dies before they exercise: their option to
23 purchase. ;the- property.
24
25 Philip ;Stales; Sonoma' County Regional Parks, explained how :his agency
26 plans. to develops a regiona{ park -on the land citing. the PreJimnary
27 Opportunities Analysis Plan. The three zones identified are the ,existing,
28 ranch compound ..that could be the park center; the Tolay Luke
29 restoration area;:. and the remaining. "lands to provide for passive
30 recreation.:. A meeting has: been scheduled for September 1°5~h to allow
31 the public'the opportunity to provide their ideas for park development..
32
33 Mayor Glass polled 'the Council `to consider of the reconsideration of the
34 resolution that was passed-4 - 3. Supervisor Kerns had. stated. full support of
35 'the Council wasimportant to obtain the additional funding; necessary to
36 _ purchase. the property. Mayor Glass asked Council. to re-agendize the
37 ~ reconsideration on a future agenda.
38
39 Council. Miember; Harris -Agreed; Council Member Healy -will consider;
40 - Vice :Mayor Moynihan -agreed t:o put this reconsideration on the Consent
41 ~ Calendar+; :Council Member O'Brien -will. consider; Mayor 'Glass: stated at
42 some time-the Council will try t'o reconsider the resolution..
43 ~ -
44 Supervisor .Kerns dpol'ogized for not providing information'to Council prior
45 to the request for the resolution. He explained. this lapse was because
46 negotiations were., so tentative.
47
48 COUNCIL COMMENT
49
50 Yice Mayor Moynihan asked if 'the Council could do dnything~to supporf
51 this project to obtain the additional financing.
52
July 19, 2004 Vol. 40, Page 193
1 Supervisor Kerns said that letter writing and lobbying by the Council would
2 help and he-would provide a list of agencies that the County has been in
3 contactwith:
4
5 Council Member Torliatt asked what the funding sources would be.
6 Supervisor Kerns explained that the Open Space District Authority has
7 approved $9 million; the goat would be to identify another $9 million t.o
8 complete the purchase .price: Her second question concerned the
9 omission of the agricultural component of the park with community
10 gardens and agricultural education resource.
11
12 Supervisor Kerns said that cattle grazing would continue and the pumpkin
13 patch and the vineyard would be preserved and used as a revenue
14 source.
15
16 TOLAY PARK PUBLIC COMMENT
17
18 Rita Cardoza; Tolay property owner, explained the three-year effort by her
19 family fo use their vision to create a south county park for the public to
20 enjoy. She asked for Council.support.
- _ __.21
22 Grant Davis, The Bay Insfifufe, shared. his enthusiasm for the acquisition of
23 the Cardoza, Ranch. and thanked the landowners for their willingness to
24 work with .the :community to establish the park and to restore. a fresh water
25 lake. He requested Council support for the resolution.
26
27 Larry Modell, Petaluma, indicated he toured Tolay and saw preservation
28 of the archeological sites and restoration of Tolay Lake as a worthy effort.
29 He sees the park trails in the eastern upper lands offering trails for bicyclists
30 and walkers. On the minus side, he stated the site does not have scenic
31 interest that a park would require. and the location is not within easy
32 ~ walking or bicycling distance to neighborhoods as compared to Sonoma
33 Mountain.. He supported the purchase of`the park.
34
35 David Yearsly, Petaluma River Keeper, indicated he visited the property
36 ~ and ..sees a tremendous opportunity .and supports public access. He said
37 the views are incredible and a fresh water lake would be a boon for
38 wildlife and flora.
39
40 Bruce Hagen, Petaluma, .indicated he visited .the property and is
41 concerned about the cost and lack of trees. He does not see this as an
42 alternative to new parks grid trails on Sonoma Mountain. He cited the
43 plan to improve Canon Lane to support park traffic; the fire hazard;
44 agricultural concerns; and th.e ability- fo find funding in tight economic
45 times. H:e supported faking this opportunity but asked Supervisor Kerns why
46 he hadn't applied these same standards to Sonoma Mountain and to
47 ,take the opportunity to establish a trail to Sonoma Mountain.
48
49 Matt Maguire, Petaluma, stated he supported any public access to open
50 space and .agreed with Bruce Hagen's comments. He asked if the County
51 would arrange for and provide public tours on the Cardoza property. He
52 didn't think creating playing fields would work because of the location.
Vol. 40, Page 194 July 19; 2004
1
2 Gerald Moore, Petaluma; supported the project and sees a wonderful
3 opportunity- for the community. He asked Council and the community to
4 support this acquisition.. .He noted fhat people have told him that
5 ,Petaluma is grossly deficient in public areas.
b
7 Andrea Mcickenzie, at Council NI'ember Torliat't'~s request, stated that she
8 would talk t'o the Cardozas about pufjlic tours and make some: dates and
9 times available..
10
1 1 Brent Russell, Petaluma, has visited the Cardona .Ranch and supported
12 creating the park.
13
14 Katie O'.Connor; .Paula Lane Action Network, supported: the creation of the
15 pa"rk'to preserve: historical agricultural lands and wildlife habitat.
16
17 Julian Podbeteski, Pduld Lane Action Network, has visited the property
18 and supported the acquisition ,to establish a south county regional park. ~ ~ .
19
20 .Susan Kirks,' Paula ane. Action Network, .,observed that the Cardozas are _
-21 " - - willing sellers°, the coi-nmitment by`ffle -Operi-Space District Ito consider
22 partial funding; strong commitment by Supervisor Kerns to'seek additional
23 funding; the County B`odrd of Supervisors approved and supported the
24 option; and the benefits that' Petaluma and Sonoma County' would
25 receive from this acquisition:
26 .
27 Geoff Cartwright; Petaluma; indicated 'he supported the~.acguisition as a
28 county project, and hopes with unanimous support by the Council, the;
29 projecf can move forward'.
30
31 John .Mills; Sorioma County Parks'.and Recreation Commission,. indicated _
32 he fully supported this project and' thanked everyone involved 'for their
33 efforts to make-this happen. The Commission's September meeting will be
34 held. on the property.
35
36 .Jerry Price,.. Petaluma, supported the acquisition :and. encouraged the
37 Council to act quickly to unanimously support the resolution.
38
39 Patricia 'Tuttle .Brown, Petalumd, supported 'the acquisition ~ and thanked
40 the Cardozas for making this park .possible for° the. larger good., She is a
41 Lafferty advocate and. hopes :that someday S'bnorna Mountain would be
42 available too.
43
44 John. Schriblis; Casa Grande 'High School, talked about the opportunity to
45 control. urban sprawl by 'the use of Open Space acquisitions that would
46 provide an opportunity to get away from urban areas.
47
48 Mayor Glass. read a letter from Jennifer Fetfig regarding h:er support for
49 they acquisition, with its opportunity :for a demonstration farm and
50 recredtion areas.
51
July 19, 2004 Vol. 40, Page 195
1 COUNCIL COMMENT
2
3 Council Member Torligtt asked ~if Supervisor .Kerns was going to other city
4 councils to gain support for .this acquisition and offered Council's
5 assistance.
6
7 Supervisor Kerns stated that the more support from other councils and
8 organizations would help obtain the partnership funding necessary.
9
10 Council Member Torliatt also commented that the property is half in
1 1 Supervisor Kern's~ (2^d District) and half in Supervisor Brown's (15t District)
12 district. She saw an opportunity for them to join together to move this
13 p~oje.ct_forward and hopes the ,Sonoma City Council would also support .
14 this. She said that she felt. the property is-worth the $18 million dollars. She .
15 asked. for a reconsideration of the. resolution after touring the property
16 and talking to the people interested in moving this forward.
17
18 Council Member Harris supported this acquisition and would support the
19 resolution.
20
- - - - - 21---- - - ~ -Council "M°embe~-O'Brien supported-this
acquisition to benefit the-whole
22 county and the property cost was reasonable considering its value and
23 beauty.
24
25 Mayor Glass agreed with Supervisor Kerns and wholly supported this
26 project.
27
2$ Vice,Mayor Moynihan stated he supported the project.
29
30 PUBLIC COMMENT
31
32 William W. Pisenti, Redwood Empire lax Committee, criticized the Open
33 Space District use of tax money to purchase the property rights. He said
34 public parks .are a menace and. a nuisahce and this type of use of tax
35 money robs young people of being able to buy a home.
36
37 Connie Madden, Petaluma, supported development of Lafferty Park that
38 the City already owns and the development of a regional trail system.
39
40 Gerald Moore, Petaluma, addressed the Rainier ballot measure with
4f support for Rainier without development in the flood plain and the
42 possibility of acquiring it for passive park use.
43
44 Patricia Tuttle Brown, Petaluma, .stated concern regarding the demolition
45 of the warehouses on First Street for the Basin Street development. She
46 wanted.to make Council aware of an appeal she submitted to the City
47 Manager and Community Development Department while the buildings
48 were being demolished. She thought an appeal would cease the
49 demolition until the Council and the public had a chance to review the
50 appeal's merits.. She was advised that if she had filed within 14 days of the
51 May 27th meeting, the appeal could. have been heard. She stated that
52 she was appealing the SPARC meeting of July 8, 2004 that released the
Vol. 40, Page 196 July 19, 2004
1 original conditions of approval for the project thaf were changed. and. this
2 gives citizens the: right,to appeal. She concluded that demolition must be
3 stopped and the appeal needed'to be ..brought before Council.
4
5 Matt. Maguire, Petaluma, presented quotes made `in the past by Supervisor
6 Kerns regarding support for Lafferty .Park .development. Mr. Maguire stated
7 he considered `SuperVis"or Kerns as a roadblock. to developing Lafferty due
8 to a :double standard. He mentioned fhe Council's rescinding of the:
9 [esolutian to establish a trail to Lafferty with funding assistance from ~othe~
10 agencies and the state. He felt the:Open Space District was not operating
_ 1l responsikly.
12
13 Bruce Hagen, Frentls of Lafferty Park, indicated he wds disappointed with
14 the. .process involved in the repeal of the resolution supporting
15 cooperation with the County and the State to create a system of parks
16 .and trails on Sonoma Mountain. H'e stated that the point of the resolution.
17 was to gather support for thee. creation of the park, like the- gathering. of .
18 the support for the Tolay project and'for the. flood project completion..
19
20 Charles Carle, Petaluma, read from a letter he is submitfing ton the Press
-21° -----------------Democrat-regarding-ftie
Grand°Jury Repgrt on 'water issues, especially
22 limiting run-off that recharges-the groundwater supply.
23
24 Jerry Price,. Petaluma, referred to the Argus-Courier of June 30, 2004 that
25 ~ .mentioned that a month after the Cardozas accepted the purchase
26 .:option, Council Member Moynihan. called for the Council's support of the
27 acquisition, which;.lacking information; three Council Members dissented.
28 He questioned Council Member 'Nloynihan's fiscal responsibility for riot
29 questioning the purchase price. He, was concerned that fhere 'was an
30 _ opportunity for the resolution supporting Tolay Park to have action taken
31 this evening.
32
33 ADJOURN
34
35 The meeting was adjourned at 9:15: P.M. -
36
37
38
3.9
40
41 vid Glass; Mayor
42
43 ATTEST:
44
45
46
47
48 Gayle Pef sen, City Clerk
49
50 ,
51
52