HomeMy WebLinkAboutCity Council/PCDC Minutes 12/01/2003December 1, 2003
Vol. 39, Page-273
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a . ~ C'~~ of'Petalua9 C'al~fo~nia
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L85a flA€ETING.OF'PETALUMA CITY`COUNCLL AND THE
PETALUMA C011AMUNITY'DEVELOPMENT C011flM1SSlON
City Council/PCDC Minutes
Monday, December 1, 2003'-'3:00 P.M.
Regular Meeting
3:00 P:M. -CITY COUNCIL
1 CALL TO ORDER
2
3 A. R_ ol_I Call
4 ~ .~
5 Presenf: Canevaro, Mayor Glass, Harris,. Healy, Vice Mayor O'Brien, Moynihan,
6 tiloynihan
7 Absent: '., .None
8 -.
9 ~ B. - Pledge of Allegiance
10 C. M'om`ent of Silence
12 PUBLIC COMMENT
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14 There was no public cgmment.
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16 COUNCIL-'CONINIEIVTS
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18 Council Member Torliatf attended the Water Advisory Committee meeting this morning.
19 Meetings will resume in January.
20 ~ ~ `
21 ,Council Member Moynihan made a MOTION for reconsideration of an item that
22 appeased on`the agenda at the November 17, 2003 m'eefing. It was a resolution
23 approving amendment to solid waste collection, request :for proposals, authorization to
24 solicit proposals, and resolution extending Empire Waste. Management's agreement.
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26 `He continued that he had provided Couricil with copies of an email he sent to Mayor
27 Glass regarding changes to today's agenda. since it was approved at the last meeting.
28 He was unhappy that discussion regarding street repairs .and maintenance, as well as the
29 General',Plan, were removed from the' agenda:.. He asked that the employee
30 :compensation ..items on the agenda be removed and agendized for a thorough
31 discussion in. Closed Session. He believed"issuesn'eeded to be discussed which were not
32 addressed in staff reports before Coun"cil toolay.
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34 Regarding the FY 2003-04 adopted City budget, which was recently distributed, he
35 noted that special revenue funds for street reconstruction and maintenance were
36 incorporated as Council had requested. Direction of Council. was to expend $15 million
37 of Redevelopment Agency funds. over afive-year period on street reconstruction. The
38 new budget does not reflect those funds coming from Redevelopment over the five-year
39 period, as itshould. He asked to see this corrected in the mid-year budget review.
Vol. 39, -Page 274 December ., 2003
1 Regarding street maintenance funds, thee. Citizens Advisory°Committee recommended
2 that $3..T million. per year be spenf on street maintenance - adjustmenfs need. to `be
3 made to the budget to show that $2.2,millon is ,being spent, not $1,.7.million. He would
4 like to see adjustments made to the budget to-provide the "necessary funds to prevent
5 additional deterioration of the streets.. He.added that the adopted- budget under funded
6 street .maintenance this year, along with maintenance of community facilities and .parks,
7 while incorporating an 8:5% increase in employee compensation.. He urged Council to
8 give direcfion to stpft to come ;back: with a scenario for increasing street maintenance
9 funding to the minimum outlined by the Citizens Advisory Committee.
10
1 1 Mayor Glass noted that Petaluma became; the first City on June 2 to adopf " Smart
12 Growth.." This is only one of'many areas thatthis Council has been fiscally-responsible,
13 others including raising developrnen't impact fees to, the revitalization of downtown. He
T4 referred, to a 1958 article from the Petaluma Angus-Courierentitled, "The face of the City
i 5 depends on an urban rene.wa! program." Some forty-fiveyears later, the premise made.
16 in 1958 is; finally being fulfilled -because of this Council. Governmenf does ,move slowly:.
18 than an nfa ed b Dyed as rapidly as possible while dealinyg~ witph issues-more complex
y y previous Councils; and continues fo t to ravide. voters, more' with
19 less.:" He thought it unfair'to,take a. myopic viewpoint on isolated issues and, point out
`20 where City'is spending money with out also acknowledging the economic benefits~tlat°
21 the City is derving from the money invesfed. He cautioned' Council_against "putting a
22 pothole up against the long-term economic vitality of Phis, community. Unless we build - -
23 he type of cornmunity`that is sustainable economically, tfiot can afford to address (hose.
24 potholes year~in and yeacout off into .the future, you will visit the same issue again. and
25 again." The Redevelopment Agehcy must not be stripped. of the ability to create long-
26 term wealth in the community:
27
;28 Council Member Healy noted, there are many`demands on the' Cify's fiscal resources
29 and Council needs to be, cognizant of current events in Sacramento, when considering
30 changes to the City's budgef.
31
32 Council,Mem_ber Torliatt asked Council consider a fetter regarding Santa Rosa?s
33 proposed incremental. recycled water program. Qne option: -they are considering is to
34 discharge into. the Russian River, directly upstream of=where Petaluma's drinking water'is
35 :collected.. _
36 ~ `
37 In response to lefters to-the editor in the, Petaluma grgus-Courier regardrig the
38 roundabout at Sonoma Mountain: Parkway and Corona Road,which. inferred that the
39 City sp.ent:money on .the roundabout'instead of potholes,she explained that"fhe
40 roundabout was a condition, of ap"proval for the Traditions subdivision; and was paid for
41 by the developer.':.
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43 She referred to the: Golden State. M'obilehome Owners, newsletter, which contained ~an .
44 article regarding Senate. Bill',S67~40; which would mpbilehorne~ owners the first right~of
45 refusal to purchase° a mobilehorne park ifi~fhe owner:is going o sell, Thee article asked. for.
46 cards and feffers of`supporf. She: would like to find outf Council could have some input.
47
48 Councl,Member Canevaro spoke regarding complaints aboutday workers loitering in
49 front of homes,. problems with dumping on Water Street behjnd the Goodwill store, and
50 public safety concerns at Kodiak Jack's.
51'
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December l , 2003
Vol. 39, Page 275
Vice Mayor O'-Brien agreed that items being dumped behind the Goodwill Store create
a bad impression to visitors. He would like to explore possible solutions.
Council Member Harris asked if there was a motion on the floor.
Council Member Torliatt explained that it was request to have it voted on for
reconsideration at the next meeting.
AGENDA CHANGES'AND DELETIONS (.Changes to current agenda only).
Council Member Moynihan reiterated his request to make the changes to the agenda
he outlined in his e-mail to Mayor Glass.
MayorGlgss sfated he would be willing to remove the items from the Consent Calendar
for discussion, but would not be willing to reagendize them for a future Closed Session.
Vice Mayor O'Brien noted he did not support he suggestions. in Council Member
Moynihan's e-mail.
Council Member Harris supported pulling the items qnd agendizing them for Closed
Session.
Council Member Healy concurred with Vice Mayor O'Brien..
Council Member Torliatt concurred with Vice Mayor O'Brien.
Mayor Glass recognized consensus of Council to leave the current agenda as is.
1. APPROVAL OF PROPOSED AGENDA
Approval of Proposed Agenda for Council's: Regular Meeting of December 15,
2003.
Council,Meniber M'oyn~ihan'. asked for clarification on the item correcting the FY
2003-04 Appropriations Limit.
Finance Director'Bill Thomas explained that`it was an adjustment necessary
because of an incorrect population number.
Council Member Moynihan asked. when the General Plan discussion would be
coming .back.
City Manager Bierman explained that`the consultants, were having difficulty
loadng,.the traffic data. This is expected to come back to Council in January.
MOTION to approve the agenda .for the December 1'S, 2003 Council Meeting as
presented. M/S Torliatt%O'Brien. CARRIED UNANIAlIOUSLY
2. CONSENT CALENDAR
Council. Member Torliatt asked that Item 2D be removed for discussion.
Vol. 39, Page 276
December 1, 2003
Council Member Moynihan asked that Items 2F,_G,-H,;and I be.removed for
discussion.
Council Member Harris. asked that Item. 2J be removed for discussion.
MOTIONto adopt the. l?aJanee of the Consent Calendar (Items 2A, B, C, E, K, and
L). My$ Hedly'and O'Brien: CARRIED UNANIMOUSLY.
A. Resolution :2003-232 'N.C.S. Awarding a Contract for the FY 2003:-2004.
'Phase 8' On-Call Stce.et Repair Project. No. 9732=8. (Skladzien/.Castaldd)
B. Resolution 2003=233' N.C.S. Accepting. Completior~,:of he Paula Lane Tank
.Drain Line' Installation and; Gully Repair P:roject:, Final contract cost:
$45,Q00: Funding Source: Water Fund. Contractor: DANIA Construction
lnc. (Ngu.yen)
C. PCDC Resolution :2003-14 Deferrnining' the Necessity of Expending Funds
for the Planning and Administration of Projects a,nd Programs, which
Facilitate fhe~ Production; Improvement or Preservation of Low and.
Moderate-Income Housing for FY 2002-2003, (Gaebler)
Resolution 2003-'235 N.C:S. Granting Easement to S:BC {Pacific Bell) for a
Fiber Op"tic Cabinet at Washington Creek and Sonoma :Mountain
Parkway. (Moore/Spaulding) - Removed from Consent Co%ndvr for
sepvrate discussion.
E. _Resolution 2003-234 N.C:S: Cer#ifying .Results of November 4,, 2Q03 Special:
Municipal Election. (..Results of Measures. C and: D Regarding; a Ch'arfer
Amendrnenf to Allow for a Utility Users Tax). "~
31 F: Resolution 2003-.236 N.C.S. Ratifying th,e Memorandum of Understanding,
32 Executed between the City of Petaluma and: the American Federation of
33 State, County and Munnicipal ~ Employees '(AFSCME} Local. 675 for
34 Employees. of Unit. 1 (Confidential), Unit ~Z (Mdintenance); .and Unit 3
35 (_Clericdl%Technical). (Robbins) -Removed from° Consent G'alendor for
36 seporote discussion.
37 ~ -
38 G. Resolution 2003-23°T N.C.S. Approving the :FY 2003:-2004 Compensation
39 Plan for Unit ~4 -•_ Professional. - Removed from Consent ~'o/enddr for
40 seporote discussion..
41
42 H. Resolution 2003-238 N.C:S. ,Approving the F,Y '2Q03-2004 Compensation
43 Pldn for Unit $~-Department Heads. -Removed from Consent Calendor for
44 separate discussion. ~ .
45 _
46 L ..Resolution 2003-239 N.C.S. Approving the FY 2003=20.04 Compensation
47 Plan for Unit 9 -Mid-Management. - Removed fr®m. Consent Calendar for
48 seporote discussion.
December l , 2003 VoL 39, Page 277
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Resolution 2003-240 N.C.S. Authorizing Purchd`se of One Paratransit~ Bus
and Provision of Local Match for Second' Paratransit Bus to be Purchased
by Petaluma People Services Center. (Thomas) -Removed from Consent
Calendar for separate discussion.
K. Adoption (Second Reading) of Ordinance, 2167 N.C.S. Amending
Petaluma Muni,ci,pal Code Chapter 3.04, PERSONNEL, Section 3/04/130,.
APPEAL. '(Robbins)
L. Adoption (Second Reading) of Ordinance 2] 68 N.C.S.. Authorizing the City
Manager to Execute the .Necessary Documents to Complete the
Exchange of Property (Lot Line Adjustment) and the Acceptance of the
Dedication of a Public Easement with Shamrock Materials, Inc. to
Facilitate the Connection of the NlcNear Peninsula Park, Phase 1 Trail
System to Hopper Streef (Tuft)
ltems.Removed for Discussion
D. Resolution 2003-235 N.C.S. Granting fasementto SBC (Pacific Bell) for a
Fber'Optic Cabinet at Washington .Creek and Sonoma Mountain
Parkway..(Moore/Spaulding)
Council Member Torliatt asked to have included in the resolution a
requirement for SBC/Pacific Bell to set aside or give the City $1,000.00 in
maintehance funds to maintain this cabinet, which she described as
currently extremely unsightly. This-would enable the City to hire someone
to clean up the area if SBC does not fiollow through.
MOTION to adopt Res.olutiort2003-235 NC.S., amended to,require'SBC to
provide $1,000.00 to the City-for maintenance of the cabinet.,M/S
Torliatt/O'Brien. CARRIED UNANIAAOUSLY.
F. Resolution 2003-236 N.C.S. Ratifying the. Memorandum of Understanding
Executed between the City of Petaluma and the American Federation of
State, County and Municipal,Employees (AfSCME) Local 675 for
Employees of Unit 1 (Confidential), Unit 2 (Maintenance), and Unit 3
(Clerical/Technical). .(Robbins)
Council Member Moynihan sfa'ted that the communitycould not afford
what' he termed a "major increase in compensation. " He noted that
health, benefits have also gone up. This increase would mean there would
not be enough money to maintain parks, streets, and community facilities.
He believes Petaluma employees' compensation is 15 to 20% overprivafe
sector for similar jobs.
Council Member Healy sympathized with what Council Member
Moynihan was trying to achieve in broader sense, but disagreed with his
analysis. He thought the 1 % pay raise called for was not excessive, and
was considerably less than inflation. He thought it important to send a
.message to the City`s work force that they are valued.
Vol. 39, Page 278
December 1, 2Q03
Council Member O'Brien commented that employees of th,e Ci#y are
valuable and~do a great job, in spite of many offices being understaffed.
He Warned'. that` :cutting wages and benefits might save. money -but°the,
City would end' up with no one to do the work.
Council. Mem6er~Torliat# pointed out that this'is not a. long-.term financial
obligation -only one ye.dr and noted that salaries for comparable
positions in other cities are higher. She supported` looking. into a cafeteria
plari:'She added that employees! need, to know they are. valued.
Council Member'Harristh'ough't thel%ihcrease fiscally prudent. ~
Council MemberCanevaro clarified that th'e substantidl increase in
medical benefit'cosfs were the result of replacing a pre,~ious, inadequate
plan; He supported moving forward with the item:
Mayor Glass. supported, the 1 % increase, predicting that if salaries and.
benefits were<cut, the Citywould come fo a standstilLbecause'its qualified
Workers would go elsewhere. The cost to the Ci y;of such a^scenario must
be considered.
MOTION to adopt. Resolution 2003-236 ;N.C.S. M/S Healy/O'"Brien
AYES: Canevaro, 'Mayor Glass, Harris,. Healy,, Vice Mayor O'-Brien,
To~liatt
NOES: Moynihan
,ABSENT: None
G. :Resolution 2003=237 N:C:S. Approving. the FY 2003-2004 Compensation.
30 Plan for'Unif 4 - Professional (Robbins)
31
32 H. Resolution 2003-'238 N;G.S. Approving #t;ie FY 2003-2004 Compensation
33 Plan for Unif 8 -Department Heads,. (.Robbins)
34 ~ _ .
35 I_ .Resolution 2003--239 N:C:S'.,Approving the FY 2003=2004 Compensation
36 Plan for Unif 9 -_ Mid-Managemenf. (Robbins).
Council Member Moynihan noted that these items Were not dealtWiffi;in
Closed Session :but are coming directly ao Council. He asked~where the
rnon_ey was corning from :for 'th.ese items: `
'Finance Director7homas stated that sufficient funds .have. been
appropriated to cover'these increases.
Council M`ember.Mo;ynihan repeated, for the record, :that he Would' not
support the temsfiorthe same: reasons he did not support not,support'for
same'reasons he did not support item 2F.
MOTION to :adopt Resolutions 2003'=237, 2003=238; and 2003=239 N.C:S.
M/S'Healy/O'Bren.
December l , 2003
Vol. 39, Pdge`27~9~
1 AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien,
2 Torliatt
3 NOES: Moynihan
4 ABSENT: None
5
6 J. Resolution 2003.-240 NC:S. Au horizing Purchase. of One Paratransit Bus
7 ~ and- Provision of Local Match for Second Parcitrdnsit Bus to be Purchased
8 by Petaluma People Services. Center. (Thomas)
9
10 Council Member Harris asked for clarification of the staff report, which
1 1 referred to "piggybacking on the Petaluma People Services Center's 5310
12 grant." '
13
14 Finance Director Thomas explained that the City would be
15 "piggybacking" on the bid so-that itwould not be necessary to rebid.
16
17 MOTION to adopt Resolution 2003-240 N.C.S. M/S Harris/Torliatt.
18 CARRIED UNANIMOUSLY.
19
20 3. UNFINISHED'BUSINESS -PCDC/CITY'COUNCIL
21
22 A. PCDC Discussion and Action Authorizing the'Execution of the First
23 Amendment to an Owner Participation Agreement Between LOK Petaluma
24 Marina Hotel .Company, LLC and the Petaluma Community Development
25 Commission.. (Marangella)
26
27 Paul Marangella, Director of Economic Development and Redevelopment,
28 presented the staff report and outlined the proposed amendment to :the
29 OPA. He described the proposed changes to the agreement as "minor."
30
31 Mr. Marangella .introduced Gerry Ramiza, attorney with the firm
32 McDonough, Holland 8~ Allen, who was involved in the crafting of the
33 original OPA, and Tom Birdsall, representing WG Investments.
34
35 Extensive Commission discussion, ensued. regarding the proposed
36 amendment and the original OPA, wifh concerns expressed about:
37
38 Tax increment loan disbursements
39 m Ways to secure any future money the City might lend -
40 The living wage provision
41 ~ The mangier in which hotels are granted ratings and whether the hotel
42 has maintained the ratings specified' in the original OPA
43 Potential defaults to the agreement by the hotel owners
44 The possibility of terminating the original OPA
45 m The current owners' plans for the hotel
46
47 Public Comment
48
49 Tom Birdsall, WG Investments, said he was not involved with the original
50 OPA. WG Investments made an offer in Septemberafter months of
51 discussion with City Manager Bierman. They renegotiated the agreement
52 with the union and addressed all issues the City raised. He expressed
Vol. 39, Page 280 December l , 2003
frustration that WG has;not been notified of any potential defaults. They
are prepared. to cure any defaults. He said that currently, the City, is
technically in default for not making disbursements to the hotel. This
Sheraton is one of the best rated. in the country,, in terms of customer
satisfaction. With the. amendment, all' of the. elements: of the original
agreernentwould remain'iri place. At:=this time, if the City approves,the
amendment°to the OPA, WG fnvesfinents has no plan to foreclose.
Nothing would change about ownership of'the hotel.
Mayor Glass. noted that everyone wanted, to see the hotel. succeed. He
would like to find a way to protect the° Cify's position as it wasn't
protected in the original deal.. He asked what protection the City could
hake ifiit continued to lend.
Council.Mem6er Healy, expressed concern about the possibility that WG
Investments intended to "just clean ,tle property up and sell it." He asked
Mr. Birdsall if' WG Investments planned to self the property; or were "in it for
the long-term."
Council Member T,orliatt suggested the amendment. include an
agreement that the hotel would not'be sold :for ten years. She: thought it
would' recoup its: value within -that time.
Mr. Birdsall pointed out that the principals of WG;InVestrnents are local
entrepreneurs; who have brought a tremendous number of jobs `to
Petaluma; He thought it unfair of the Cornrnission to apply such constraints
on how WG operates a business. There is currently no plan to sell the hotel.
Mayor -Glass clarified that if would not prevent the hotel. from ,bein, g sold;.
however,. if it were sold within a, certain period, the City would be tredted
as first trust deed.
Mr. Birdsall asked what would. be quid pro quo -what' the City would give
the hotel or primary lender.
City Manager,Bierman.cautioned Mr. Birdsall.thatths could not be
negotiated" on the'floor.
Council Member Torliatf recalled that when the'PCDG negotiated the
original agreement ih 200Q, then .Mayor Clark Thompson specifically asked
what securities there were for the City. She ridded she, thought it
incumbent on the. City, in a friendly manner,. to notice the owners on
potential defaulfs.
Council Member M"oynihan was, not comforfable with anything that
provided for subordination of the :City's existing position,: He would like the
agreement modified to obligate the repayment of,all disbursements, past
and future. That is not happening in what is proposed.
Mayor Glass understood the City wouldn';t be put in a weaker position; it
would just be in the-same weak position in which it's always been.. He
would ask- for some .kind: of collateral thaf's "real;" and not~from a limited
December 1, 2003 Vol, 39, Page 28.1
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liability corporation, for the $1.86 million. He waswilling-to say the $900,000
already lent is "down the river."
Mr. Birdsall opined that WG Investments would never have lent money
without being in;first position. He encouraged the City to "be real" with
what they asked for.
Council Member Moynihan wanted'to'modify the OPA to eliminate the
subordination. He thought a `better course of action would be for staff to
negotiate termination of the OPA and secure, under better terms and
conditions, a deed of trust and promissory note, and come back with a
more solid agreement and exit strategy: To the extent the City feels an
obligation, the PCDC can continue to rebate a percentage of the TOT
:funds that the Sheraton generates in the future. Terminating the OPA
would mean the hotel owners would not be at a disadvantage with
regard to labor rates or negotiating with unions. He did not think it an
appropriate role for government to say that a private employer must
unionize or must pay a certain wage.
Council Member Healy~would like to come to closure on this: The
alternatives are to either approve the amendment orstdy with the original
.deal. He~would be willing to allow staff "one more crack at this" to see if
they can ,address. some of the issues raised tonight. That could lead to
another alternative on the table. He did ,not thihk some of the things the
Commission was wishing forwould be agreeable to WG Investments.
Council Members Torlidtf, Harris, and Canevaro agreed with Council
Member;Healy..
City Manager Bierman agreed that staff could make another attempt.
The Commission would Cheri have, to make a decision.
B. .PCDC Resolution 2003-15 Awarding the Contract for the Water
Streef%Riverwalk Improvements Phase I -Utility Undergrounding Project
Nq. 9891 to Northbay Construction. (Marangella)
Paul Marangella, Director of Economic Development and Redevelopment,
presented the staff report, explaining the biel process and the Ghilotti Bros.
p"rotest.
Public Comment
Mike Ghilotti, President, Ghilotti Bros., explained why he believed
~`~ Northbay Construction's. bid proposal was non responsive. The City put
together•a set of rules for bidding on the project. All bidders were
expected to follow the rules. Northbay's document does not indicate the
.work that was deleted. The bid does not provide a cost for that work, and
is inconsistent with the rules.
Vice Mayor O'Brien pointed out that the Ghilotti Bros. bid protest was filed
after the 5:00 p.m. deadline.
Vol. 39, Page 282 December l , 2003
Council MernberTorliatf asked Mr: Ghilotti if. he wasscon,tinuing to .protest
the bid.
Mr. Ghilotti replied that he was
Steve'Geney; Vice. President; NorthbdyConstruction,stated th;atthe
subcontractors who bid knew that item would be deleted and there was
no cost: H;e thought that at the last Council Meeting a resolution was
passed to reject alf bids.
Mayor Glass explpiried that the matter was continued to this meeting;, all
options were still open.
Mr:, Genet' stated: that Northbay Construction feels it'should be awarded
the contract.
Council Commenf
Vice Mayor O'Brien noted these are two wery,,reputable, companies. The
Ghilotti Bros, protest did not come in on tune. He would like to, award. fhe
cohfract to Northbay Construction. ;
CityMdnager Bierman recommended that Council reject all'bids and
come back in January. -
Council. Member Torliatt agreed with. City Manager Biermah; in order to
,avoid threat of litigation.
.Council Member Harris felt~Council was on sound tooting to move forward
and award-the contract to Northbay Construction:
CounciLMe""tuber Healysupported awarding;the,contract`to.Norfhbay
Consfruction and rejecting the Ghilotti Bros. pro'fest.
Counci(Member Canevaro stated he: hated to see '.'two good.cornpanes;
clasfiin
g,",bu,t he was prepared to support awarding the confractto
Northbay Construction.
.Council Member}Torliatt was concerned that-the City would.spend'rnore
money if the bid award -was challenged a,nd,thought th,e safest thirig to
do would: be'to rebid in Januarys She would' not support awardirg the
contract tonight.
MOTION to~adopt PCDC Resolution 2003-15 Awarding the Contract, to
Northbay Construction,. Inc:, and Rejectirig the Bid Protect by Ghilotti Bros.
M/S Moynihan/Harris.
AYES: C.arevaro, Harris,. Healy, Moynihan,.
Vice Mayor O'' Brien, ,
NQES Mayor~Glass, To~liatt
ABSENT: Norie
December 1, 2003 VoL 39, Page 283
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4. NEW BUSINESS - PCDC/CITY COUNCIL
A. Introduction of Ordinance 2169 N.C.S. Adding Petaluma Municipal Code
Chapter 1. }8, "Claims Against City," to Require that Alf Claims. be.
Presented to the City Prior to the lnitation of Litigation. (Rudnansky)
MOTION to Introduce Ordinance 2169 N.C.S. M/S Healy/Canevaro.
CARRIED UNANIMOUSLY.
B. Introduction of Ordinance 2170 N.C.S.. Amending Petaluma Municipal
Code Section 1.04.060(B'f, Amending 'Penalties for Violations Classified as
Infractions Under the City Code. (Rudnansky)
Council Member Harris asked what fund the fines would go into.
Mayor Glass indicated they would go into the General Fund.
Council Member Healy asked if there was a distinction in the City's
municipal code between an infraction and a misdemeanor.
City ,4ttorney~Rudnansky replied affirmatively; the difference was spelled
out in an; ordinance. .
MOTION to ln'froduce Ordinance 2170 .N.C.S. M/S Healy/Canevaro.
CARRIED UNANIMOUSLY.
CITY COUNCIL CLOSED SESSION
PUBLIC COMMENT -None.
ADJOURN TO CLOSED SESSION - 5:20`p.m.
PUBLIC EMPLOYEE PERFORMANCE .EVALUATION: Pursuant to Govt. Code Section 54957:
City Attorney.
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CONFERENCE 1NITH REAL:'PRQPERTY NEGOTIATOR: Pursuant to Govt. Code Section 54956.8.
~Properfy: I<'eriilworth School Property Located at 998 E. Washington Street. Agency
Negotiator: Michael Bierman. Negotiating Parties: City of Petaluma and Petaluma
School District. ,Under negotiation: Price and Terms.
EVENING SESSLON -7:00 P.M.
CALL TO ORDER
A. Rolf Call
Present:. Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien,
Moynihan, Moynihan
Absent: ~ None
Vol. 39, Page 284 Decerntjer , 20Q3
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2 B. Pledge of Allegiance
3 C. Moment of Silence
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5 REPORT OUT'.0F CLOSED SESSION ACTIONS TAKEN
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7 There was no eporfable action taken during Closed -Session.
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9 PUBLIC COMMENT
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1 1 Marc Ashton addressed '.the City Council regarding the recent Adobe;Cr•eek article in fhe
12 Angus-Courier and explained °there is another side to -the story. ,He indicated the Creek.is
13 also about people who. use it for illegal activities and that issue needs to be addre_ ssed at.
14 some point in'the future.. Ne' commended~those:who cleaned. up the Creek and invited
15 the Council fo walkwith him at°the. Creek so he could point out his issues and concerns.
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17' Richard Parker, Petal'umq> addressed the City Council regarding a concern at Corona
1$ Creek Sehoof .with parents who park in front of his house while d`rop'ping and picking up
19 students. Hendicated~the persons parking in,that area are obstructing mail delivery and
20 possibly emergency services. He sfated #here should be a.limit to who_can park there
21 and. suggested possibly painting one. of the, curbs red. He concluded by asking Council
22 to have the. Police Chief look into the situation on Hartman Lane._
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24 CORRESPONDENCE
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26 There was none.
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28 COUNCI4 COMNtENT AND LIAISON REPOR'iS
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30 Council Member Torliatt commented on the recent clear cutting at the Creek :and.
31 indicated she 'has been a supporfer of the need for maintenance of the creeks. She
32 added there 'is a #ine line .and" a balance: needed with regard to mainfenance and
33 suggested. is may not be' as bad as portrayed in the Angus-Courier., buff we~ should have
3.4 safe traversing along the Creek..
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36 With .regard to Mr. Parker's comments, she recommended. sending a letter to the'
3T administration at Corona Greek School, and indicated this is a, community issue and th'e
38 City would .like to work: together with them to resolve the issue.
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40 Council.. Member, Healy cornmeated this is a, common condition at .elementary schools
41 and added there are efforts at certain schools to.address this issue'. He suggested having
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43 w th Corona CreerksS hooLeHe concl uded by ~ dicat ng th s a an tongoing is proactively
sue and has
44 been for some tune.
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4b Council Member Moynihan commented he has'been out checking streets 'and fhey are
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47 still .not fixed.. He expressed frustration that. the funding. necessary to, address this issue was
48 on the agenda- but has been removed. He added he is looking forward to the' discussion
50 the talk'ebutonot fak ng act on.003'. He stated the agerid'a today is indicative of "talking
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December l , 2003 Vol. 39, Page 28'5
1 CITY MANAGER COMMENTS
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3 There were: none..
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5 5. NEW BUSINESS
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7 A. .Resolution 2003-24:1' N.C.S. Revising :the Amount of Fees Payable In-Lieu of
8 Providing Affordable blousing Units as Required by Program 1 1 of the 1999-
9 2006 Petaluma Housing Elemenf. (Gaebler)
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11 Bonne Gaebler, Housing Adminisfrator, presented the staff report and
12 recommended adoption of the appropriate resolution.
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14 City Council discussion en"sued regarding the cost for all impact fees per
15 house, which was $10,000.
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17 Council Member Moynihan expressed concerns with increased sewer and
18 water fees, 'building permit fees; and... park fees. He concluded by
19 ~ commenting on the burden created by now considering this housing fee.
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21 Public Comment:
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23 Vera Ciammetti, Petaluma Ecumenical .Properties, addressed the City
24 Council, commented that Petaluma's Affordable Housing Program has
25 been successful, and offered support for the proposed in-lieu fees.
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27 The City Munoger noted his recommendation would be 'to adopt Option
28 #1 or sliding scale #Z.
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30 Council.Member Healy agreed with stdff recommendation and indicated
31 - he would support the sliding scale option #2.
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33 Council Member Torliatt commented if you look at the Santa Rosa. fees
34 versus Petaluma's Option #2, the crossover point is about 1800 square
35 feet. She added suggested a compromise proposal that would be for
36 homes under 1800 sq. feet to be subject to option #2 and home above
37 1800 square feet to be subject to the Santa Rosa model fee schedule.
38 She indicated she feels this would be fair and equitable.
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40 Council Members Harris and Canevaro stated their support for Option. #:2.
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42 Council Member Moynihan stated his support for Option #2, but indicated
43 he still hasn't gotten a summary of all the fees and whafi it costs to,. build a
44 2000 square foot home in Petaluma. He continued by noting while the
45 study said ..more could be charged he feels if would have an adverse
46 impact on low-income homes in the community. He commented on the
47 need to represent all incomes in the community and indicated he still has
48 difficulty in setting fees without the whole picture. He concluded by
49 stating with all these fees, housing will ultimately be less affordable.
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51 Mayor Glass stated the Council did ask to see the sliding scale in Santa
52 Rosa
Vol. 39, Page 286.
December 1, 2003
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2 Council Member Torliatt' voiced frustration that her suggestion was not
3 receiving. any discussion. She indicated she will support the :motion .,but
4 believes the fee study that was done substantiates having higher'fe:es for
5 larger homes. •
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7 MOTION to a:dopf Resolution`2003-24,1 N.C.S.,with :Option #2, Sliding Scale
8 Based on Square Footage Starting at ~2,400,OO,:IvI/S Healyand O'Brien.
9 CARRIED UNANIMOUSLY. •
TO
1 1 The Mayor announced' that the Council :would • be hearing .Item 5,C af' .this time.
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13 C. Discussion- Regarding 2005 RTP Funding Sources and Priorities.
14 - ..Presentation by Suzanne Wolford', Execu ve Director; Sonoma Coun y
15 Transportation Authority.
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17 Suzanne Wolford, Executive Director of`the Sonoma County Transportation
18 Authority, gave a presentation regarding 'RTP: Funding Sources and
19 'P~iorities:
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21 Extensive Council .discussion took place regarding the- Idck of funds
.22 available for prioritized projects:
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°24 ~ • Council Member Moynihan inquired. ds to how Petaluma ca,n ensure their
25 top 'priority;. across-town connector, gets into fhe RTP plan. biscussion
26 ensued regarding the ranking of projects in fhe countywide: plan and it
`27 ~ .was. noted if, there were ou,fside funding earmarked for such a projecf, it
28` would'gef on 'the RTP.
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30' Council Member Torliatt commented on the difficulty for:huge:projects to
3.1 getfederal funding and added that getting a, cross-town connector for
32 ~ ~ Pefalurna on the list foYfinding is not;likely,.
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34 Council Member Healy noted his top priority is widening of fhe 101
35 ,Freeway.
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37` There was no action #aken by he City Council •on this mutter.
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39 B. Introduction of Ordinance '2T71 N.G.S.. Implementing 'an. Affordable:
40 .Housing Linkage. F'ee #or N'onresidential Development in °#te City of
41 Petaluma. (Gaebler)
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43 Bonne Gaebler, Housing Administrator, presented the staffi .report and'.
44 -, cecornrnended introduction o_f the ordinance:
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46 Council,MemberTorliattnoted if the Council implements this fee'schedule
47 as presented', it would result'"in redevelopment areas only paying 50%. She
48 noted if you look qt. the retail fee dnd you, 'look at the City's
49 redevelopment areas, there. are:only two shopping centers that are
50 outside ~edevelopmenf areas or potential areas in which to build retail,
5.1 which are the G and G Ma"rket and the Arroyo Shopping Center. She
52 added. she does not see those as huge retail, redevelopment
December 1, 2003 Vol. 39, Page 287
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opportunities: So, she added, in effect if the City implements this fee
schedule proposed, the Council would only be implementing half of what
the per square foot rate is, as it pertdihs to` retail. She indicated she would
like to see and would propose the Council consider a compromise and
only charge half in the Central Business. District or the Central Petaluma
Specific Plan Area; and the other areas that are in the larger
redevelopment agency area would be subject to the full retail fee. She
stdted she feels that will be where most of the retail development will
locate and when you do the math and this is fully implemented with the
City's retail strategy, until the retail fee we're only looking at a total of
$1.35 million with building 750,000 square feet.
Council Member Moynihan clarified the Retail Study was done on a
regional basis and questioned the validity of the nexus between this fee
and the study that was done. Fie also clarified with staff that no additional
jurisdictions have adopted such a fee. He indicated he is troubled that
staff has not identified what will be funded with the fee.
Council recessed from 8:30 p. m. to 8:40 p. m.
Public .Input:
Victor CtiecanoVer, Petaluma, addressed the City Council and
commented that commercial development should be paying for housing
just like other developers. He indicated he didn't see a definition of
"workforce housing." in the ordinance and noted "workforce" should
have the same meaning as`affordable housing. He urged adoption of the
ordinance and stated the Chamber of Commerce is separate from "the
people'' of Petaluma. He urged the Council to do what they felt is right for
the people of Petaluma.
Steve Benjamin, Petaluma, spoke in support of the proposed ordinance.
Steven Harper, Interfaith Shelter Network, addressed the Council
indicating this is an .excellent proposal and stated his support. He thanked
the Chamber of Commerce for their efforts and stated his only issue is the
fee will only be 50~ in Petaluma's redevelopment areas. He publicly
acknowledged the leadership Petaluma has taken with regard to low-
income housing.
:Margo Merck, Sonoma County Housing Advocacy Group, addressed the
City Council in support of the ordinance.
Ann Hudgins, Sierra Club, Sonoma Group, addressed the Council and
strongly urged them to pass this ordinance.
Allen Robinson, Volunteer .Coordinator/Habitat for Humanity, Sonoma
County, addressed the City Council in support of the proposed ordinance.
Paula Cook, Petaluma Ecumenical Properties, addressed the City Council
in support of the proposed ordinance.
Vol. 39, Page 288 December l., 2003
Majida Gibson,. Petaluma Ecumenical Properties, addressed the City
Council in support of the proposed ordinance.. She further asked. the
Council t.o consider confining the reduction in fees to 50% for the Central
Business. District or do away with fihe fee'in fhat area .altogether.
John .Records, .COTS,. addressed the City Council in supporf of the
proposed ordinance.
Kelly Brown, Greenbelt Alliance, addressed. the City Council in support of
the proposed ordinance..
Sonia Taylor; Coalition .for g Better Sonoma Counfy, addressed the City
Council in support of the'proposed ordinance. ,
Eileen 'Morris, Sonoma County Living Wage. Coalition, addressed the .City
Council in support of the proposed' ordinance.
Stan :Gold, Petaluma, addressed the City Council in supporf of the
proposed ordinance and added, the implementation should fake: place
earlier rather than `January 2005 and suggested perhaps July 1.
Cindy Thomas, Petaluma, addressed fhe City Cauncil in support: of the
proposed ordinance. She added'if you have .people working and living in
this community, you would. take people off the. freeway.
Council Member Mealy stated he: shared the sense of excitement of, the_
community .and added this has been a long time coming.-Ke nofed it, is
no, surprise ;that P;etalu.ma will be the first City in the County to adopt this
ordinance and added he feels it is critical, to maintaining along-term
healthy environment- in this community. He added thie proposed
ordinance ;reflect's a reasonable compromise. and indicated.. h'e does
suppor_.'t the phasing-in of the fee.. He concluded by stating he supports
the language regarding redevelopmenta~eas`paying 50% of the fee.
MOT{,ON"fo introduce Ordinance 2177 N.C.S'.
Vice Mayor O'Brien, indicated his support for the 'fees and .added he
supports the- 5b% reduction: in ,redevelopment areas.. With ,regard, to
Petaluma being the. first to infroduce such an ordinance he stated.
somebody has to be first.
Council Member Moynihan stated :the City is, moving in the right direction
and would like fo see this move forward, buf he feels the ordihanee is not
currently in a format to take action tonight. Ike indcafed the City hasn't
yet defined "workforce .housing"' nor .defined what the program will do
and how the program will be detailed to address the needs we're trying
to address. He stgted'he feels-the definitions ofworkforce and what tfle
plan will be ,should. be consistent before actions are taken. He added
once a progrpm is designed, funding levels, could .be deterrnine.d. He
stated. the. need. fora oral nexus study Arid indicated. support for the
concept of phasing in 'Ihe fee., He also stated he supports the Chamber
of Commerce's pledge to go to :other jurisdictions to get them to do the:
December l., 2003
Vol. 39, Page 289
same thing. He continued: by indicating aphasing-in of the fee would be
2 appropridte and indicated ~ he would support language to "kill" the
3 program if 80% of the other agencies don't adopt a similar ordinance. He
4 expressed concern that if there were not support by otherjurisdictions, the
5 businesses of Petaluma would be jeopardized: He commented there
6 needs to be a clarification of "in construcdion'` only and that median
7 .income should be clarified to provide a definition for workforce housing.
8 He added there should also be a definition for the "in-lieu" program. He
9 concluded by stating he would like to look at this regionally instead of
10 focally and if there were modifications made, along with the phasing-in
1 1 we would have a better program,
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13 Council Member Harris indicated he does have a problem with what this
14 does to our muriicipality economically; but aphased-in approach does
15 help. He concluded by stating he hopes other municipalities will support a
16 similar ordinance.
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18 Council Member Canevaro commented on the issue of the linkage fee
19 and a nexus. He added businesses in the community make the numbers
20 work and having the Chamber's buy-in is a plus as they represent a lot of
21 businesses. He indicated he feels responsible businesses throughout
22 Petaluma will want to support this and indicated it's not just numbers -it's
23 community impacts, which is just as .important: He concluded by stating
24 his support for the phased approach and 'for Council Member Healy's
25 motion to approve.
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27 Council Member TorliatF stated she is proud there will be the votes here
28 tonight to 'implement this. She added she will support the motion, but
29 would like to see the fee implemented. sooner, rather than later. She also
30 indicated she would like to see fhe fee- not cut in half for the
31 redevelopment areas. .She also stated. it is Important to keep in
32 consideration the retail strategy .report that was just reviewed. She
33 commented this is a great step policy-wise and added long before she
34 was on the Council there had been a history of Council's support of
35 affordable :housing. She concluded by commending Housing Director
36 ~ Bonne Gaebler for here efforts and indicated 'the City wouldn't have the
37 programs that are in place without her.
38
39 Mayor Glass made a verbatimstafement for the record: "This Council has
40 done a number of things that have been fiscally prudent and responsible
41 ~ and have not been easy votes. Not, easy votes from the standpoint of
42 perhaps people .have eondrib'uted to their campaigns and I congratulate
43 this Council for doing the right thing for this community. With that, I think
44 ~ public comment...Council Commend has been heard here and we're
45 ready for a vote."
46
47 Council Member Moynihan asked 'if the maker of the motion would be
48 willing to modify the motion to apply to new construction only, and for the
49 ordinance to redefine the median income percentage for workforce to
50 100% to 140% as defined by the Chamber of Commerce.
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Vol. 39, Page 290 December 1, 2003
1 Council Membec Healy indicated, with respect. to °the first point; staff' had.
2 pr-oyided an exp;l,ariation as'fo how that wou'Id be done; and with 'respect
3 to the secorid issue,, other members; of the Council have indicated. that is
4 something :fhat can be twedked over the nex# year and he. looks forward
5 to doing that. He concluded that he would not propose to amend his
6 motion.
$; ~ M/S Healyand O`Brien. CARRLED by the following vote:
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10 AYES: Harris, Canevaro, Healy, O'Brien, Glass and Torliatt
11 NOES: Moynihan ~ ..
12 ABSENT: None '
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14 ADJOURN
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l 6 The :meeting was adjourned at.9;30 p.m.
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20 David, Glass,... yor
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22 Attest:
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27 Claire Cooper; Deputy City rk
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32 Gayfe F fersen, City-Clerk
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