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HomeMy WebLinkAboutCity Council/PCDC/PPFA/PPFC Minutes 10/27/2003October 27, 2003 Vol. 39, Page 201 ~?'t' U• a .- ~ C'i of'I'etalua, Calif'®~na -JOINT MEETING OF THE PETALUIViA PUBLIC 'X85$ FIN~4NCING AUTHORITY, P'ETi4LUIVl~- COMnAUN'ITY DEVELOPMENT C011~IVifSSION AND THE PETALUNI~- CITY COUNCIL PPFA/PCDC/City Council Minutes Monday, October 27, 2003 - 3:00 P.M. Regular Meeting 3:00 P.M. -CITY COUNCIL 1 CALL TO ORDER 2 3 A. Roll Call 4 5 Present: Members Canevaro, Harris, Healy, O'Brien, Mayor Glass, 6 Torliatt, Moynihan 7 8 B. Pledge of Allegiance 9 C. Moment of Silence. 10 11 PUBLIC COMMENT 12 13 Bill Allen, AFSCME 'President, addressed the City Council regarding ongoing 14 negotiations with the AFSCME group. He urged the City Council to consider their 15 requests and indicated they feet the City Gouncil doesn't feel like the AFSCME 16 employees are important. He noted employee compensation in .Petaluma is 17 behind 3-5% in comparison to other jurisdictions. He concluded by asking the 18 City Gouncil to please consider a fair settlement and a cost of living increase.. 19 20 Jessica Vann Gardner, Executive .Director of the Petaluma Visitors Program, 21 addressed the City Council with an update on recent positive publicity results 22 and promotions. of the Petaluma Visitors Program. 23 24 COUNCIL CO'IVIMENTS 25 26 Council Member Torliatt acknowledged the AFSCME Representatives present 27 and commented that she appreciates their comments. She indicated she 28 hopes there is a positive- outcome after the Closed Session. 29 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 vol. 39, Page 202 October 27, 2003 Council Member Torliatt then reported on having attended the- Mary Isaak Center groundbreaking, having participated in a tree planting qt Luchess' Park, and a Peace Tree Planting. at Wickersham Park.. She commented op `having attended the installation of officers for the Petaluma ,Ecumenical' Properties; as well as the 'opening and ribbon cutting of low-income childcare :facility located at Old Town Village. ]n conclusion she noted her attendance at Ribbon Cuttings for Bertot-ti's Landscaping and Pelican Art. CITY MANAGER COMMENTS There were none. AGENDA CHANGES AND DELETIONS (Changes to current agenda only). There were none. PRESENTATIONS/PROCLAMATIONS ® Employee Quarterly Awards Irene Borba, Senior Planner; Community Development was present to receive . an award for S years ofservice. The following. individuals were not able to be present: 15 Years of Service: Daralyn Ruchalski, Dispatch, Police Department Apolinar Cortes, Maintenance, Public Facilities and Ser-vices Susan Rogers, Secretary, Police Department 10 Years of Service: Steve Johnson, Police Officer 5 Years of Service: Jude Prokop, .Firefighter Bert Walker, Police Officer ADJOURN TO PETALUMA PUB11C FINANCING' AUTHORITY PETALUMA PUBLIC FINANCING AUTHORITY Call. to Order Roll Call -All Members were present. c, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 October 27, 2003 Vol. 39, Page 203 1. PPFA: Resolution 2003-.001 Approving Forms of and Authorizing Execution of a .Site° Lease; a Lease, a Trust Agreement and an Assignment Agreement for .the Sale of 2003 Certificates of Participation, and Authorizing Corporation Officers to Take Necessary Actions (Thomas) BiII~Thornas, Finance Director, gave the staff report and went over the details of the Certificates of Participation. MOTION to adopt the PPFA Resolution: M/S Healy and O'Brien. CARRIED UNANIMOUSLY. Adjourn to Cify Council/PGDC Meeting. Reconvene as. City Council/PGDC 1. APPROVAL OF MINUTES A. City Council Minutes of October 6, 2003. Council Member Torliatt requested Page 10, Line 23, be amended to reflect that the Council did express concerns and have q discussion dbout maintenance and whether the level of funding was sufficient for~the Landscape and Lighting Maintenance District. MOTION to approve the Minutes as amended. M/S Torliat# and Moynihan. MOTION CARRIED AS FOLLOWS: AYES: Harris, Canevaro, O'Brien, Mayor Glass, Torliatt and . Moynihan NOES: None ABSTAIN: Healy 2. APPROVAL..OF PROPOSED AGENDA Approval of Proposed Agenda for Council's Regular Meeting of November 3, 2003. Council Member Torliatt requested that the following issues be brought forward' in the near future: ® Arts Fee. ® Jobs/Housing Linkage Fee a Retail Strategy o Update on the General Plan Vol. 39, Page 204 October 27, 2003 1 Council ;Member .Moynihan requested that a. discussion re'g'arding the 2 City's Capifal Improvement Program be brough# forward in the near 3 future. 4 5 3. CONSENT' CALENDAR 6 7 Vice Mayor O`Brien requested item 3;C bey removed from the, Consent 8 Calendar for separate discussion. 9 10 Council'Member Healy requested ltem 3.D be removed from the Consent 11 Calendar for separate discussion. 12 13 Council, Member Moynihan requested Item 3:E be removed from the 14 Consent Calendar foraeparate discussion. 15 16 Council Member Harris requested Item 3.H be removed `from the Consent 17 Cal.en`dar'for separate. discussion. 18 19 Mayor Glass noted. Item 3.F would be discu"ssed eparately due to public 20 requests to speak to the issue.. 21 22 MOTION to adopt the baldnce of the Consent Calendar: 23 24 M/S Torliatt and O'Brien. C°ARRIED UNANIMOUSLY. 25 26 A. .Resolution 2003-198 N:C.S:, Authorizing Street Closures in the 27 Downtown Area for the ;Purpose of Facilitating the Annual Veterans 28 Day Parade. on Tuesday, November 1 1, 2003 from 11:00 a.m. to 3:00 29 p:m. (Simms) 30 31 B. Resolution 2003-:199 N:C:S. Accepting the Completion of, the Water 32 Street Sanitary 'Sewer Main Repl6cement Project. The Project 33 Involved Replacing a Deteriorating 12-inch Sanitary Sewer Main. 34 Final Project Cost: $408,000.. ,Funding Source: Sewer Funds. 35 Contractor: Valentine Corporation. (.B'an/Ngi~yen) 36 ~ . 37 C. Resolution Rejec~tirig tfie Sole Bid Received to. Dredge, the Pefalurna 38 Marina: (Carr). This item was'.'removed:from itFe Consent' Calendar 39 for seporafe discussion. 40 41 D. Resolution. Awarding a Construction Contract' for the :FY 2003-2004 42 Phase. l Petaluma Historic Museum' Roofing Project° No. 03=3360-1 43 (Skladzien/Gastald'o) This: ,item was removed from.. tii'e .Consent 44 Calendar for separofe discussion. 45 46 E. .Resolution .Approving and,. Accepting the: Bureau of J,usfiice 47 Assistance, Local Law:Enforeernent, Block Grant Program for $19,-736 48 to Partially Fund :One Police Officer Position Assigned to October 27, 2003 vol. 39, Page~205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 the Sonoma County Narcotics Task Force. (Simms/Fish) This item was removed from the Consent Calendar for separate discussion. F. Resolution Supporting Poiice Department Changes to the Enforcement of Petaluma .Municipal Code Section 1 1.40.060, Parking on Street or Alley in Excess of 72-Hours. (Simms) This item was removed from the Consent Calendar for separate discussion. G. Resolution .2003-200 N.C.S. of 'the City of Petaluma, California Authorizing the Execution Sale .and Delivery of 2003 Certificates of Participation. in a Principal Amount Not Exceeding $6,700,000; Approving Forms of and Authorizing Execution of a Lease Agreement, a Site Lease, a Trust Agreement, and Notice of Sale; and Approving Form of a Preliminary Official Statement for the Sale of 2003 Certificates of Participation; and Authorizing City Officials to Take Related Actions. (Thomas) H. Resolution 2003-205 N.C.S. Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. (Petersen) This item was removed from the Consent Calendar for separate discussion. Items Removed for:Separate;Discussion: C. Resolution 2003-201 N.C.S. Rejecting the Sole Bid Received to Dredge the Petaluma Marina. (Carr) Vice Mayor O'Brien questioned if this project is re-bid in the winter months, will there be a problem. Staff responded they would have answer an answer to that question in the next 2 weeks. MOTION to adopt the Resolution: M/S O'Brien and Moynihan. CARRIED UNANIMOUSLY. D. Resolution 2003-202' N.C.S. Awarding a Construction Contract for the FY' 2003-2004 Phase 1 Petaluma Historic Museum Roofing Project No. 03-3360-1 (Skladzien/Castaldo) Council Member Healy clarified with staff that the funding source for this project would be determined at the midyear budget review. Council Member Moynihan noted there are approximately 52 City- owned, facilities and stressed the need to look at a replacing/retaining maintenance budget to set-a-side funds for this type of work. He commented on the importance of how this is dealt with in the future and the need to adjust how we do business. Vol. 39, Page 206 October 27, 2003 Council Member Healy indicated the importance on getting the. roof completed before fhe rains start. MOTION to adopt the Resolution: M/S Healy and O'Brien.. CARRIED: UNANIMOUSLY. E. Resolution 2003-203 N.C:S. Approving and'. ~cce,pting the. Bureau of Justice Assistance, ;Local .,Law Enforcernenl~ 'Block Grant Program.. for $'19,736 to Partially Fund One Police Officer Position Assigned to the Sonoma County Narcotics Task Force:• (Simms/Fish) Council Member Moynihan clarified that this grant will supplement but not supplant local funds. MOTION 'to adopt fhe Resolution: M/S Moynihan and O''Brien. £ARRIED UNANIMOUSLY. F. Resolution 2003 204: N.C.S. Supporting Police Departmenf Changes to the Enforcernenf of Pe"taluma Municipal Code Section 1'1.40.060, Parking on .Street or Alley in Excess of 7.2-.Hours. (Simms) Police Chief Tom Simms gave. a brief overview of the- program. Public Comrnenf: John Hanania, Petaluma, thanked. staff and Council for the effort that has improved this frustrating situation since the-first of the year.. He indicated he is supportive. of the resolution and really hopes it works. He concluded by commenting about things that fall through the cracks and showed a photo df a situation directly across the street from the Police bepartment Station. ;.Frank ..Simpson,; '.Petaluma, representing. .Petaluma Involved 'Neighbors,. noted. they totally support the Poiice Department's proposal. He indicated' there are some things that the City rpay v,%ant to review in the future to be more restrictive, but ,fel't this .should be given -some. time to see how it works. He~~concluded by ..noting he doesn't understand current regulations regarding, how close to the corner 'one can park without croating a visibility issue for traffic. Plil Greschner, ,Petaluma, addressed the: City Council in support of the proposal by the Police Department.: He cautioned that newer construction might have smaller/narrower streets, which will create parking difificulties. October 27, 2003 Vol. 39, Page;207 1 2 Council Member Healy indicated he sees this as a work in progress. 3 He questioned with respect to the ordinance approved in August, 4 as to how the'/2 rnile rule is enforced. 5 6 Chief Simms noted they try to do the best they can and explained 7 d couple. of difference ways in which they attempt to track it, i.e. 8 rocks on the top of tires and checking odometers. 9 10 Council Member Healy clarified they are not calling out any 11 special rules for boats. 12 13 MOTION to adopt the Resolution: 14 ' 15 M/S O'Brien and Moynihan. CARRIED UUNANIMOUSLY. 16 17 H. Resolution 2003--205 N.C.S. Supporting a Statewide Ballot Initiative to 18 Require Voter Approval Before Stafe Government May Take Local 19 Tax Funds. (Petersen) 20 21 Council Member Harris noted he asked this be voted on separately 22 so he could abstain from voting on the issue. - 23 24 MOTION to adopt the Resolution: 25 . 26 M/S O'$rien and Healy. CARRIED BY THE FOLLOWING VOTE: 27 28 AYES: Canevaro, Healy, O'Brien, Mayor Glass, Tocliatt and 29 Moynihan 30 NOES: None 31 ABSTAIN: Harris 32 33 4. UNFINISHED BUSINESS ' 34 35 A. Adoption (Second Reading) of Ordinance 2163 N.C.S. to Amend 36 Reversion Clause. of the Ground .Lease Between the City of 37 Petaluma and John Ramatici and Partners (Hanger 1, LLC) 38 (Skladzien/close) 39 40 MOTION to adopt the Ordinance. 41 42 M/S Harris and Moynihan. CARRIED UNANIMOUSLY. 43 44 5. NEW BUSINESS 45 46 A. Introducfion (First Reading) of Ordinance 21.64 N.C.S.. Amending 47 Speed Limits on Old Redwood Highway, N. McDowell Blvd., and 48 Bodega Avenue. (Skladzieri) Vol. 39, Page 208 October 27, 2003 1 Rick Skladzien, Direr-tor of; Pubic, Facilities and Services, gave the 2 staff report.. 3 4 Council .Member Moynihan indicated he doesn't understand the 5 justification for lowering some of the speed limits.. 6 7 ~ Mr. Skladzien indicated studies have been .done and there are 8 warrants fo substantiate the speeds., . 9 10 Council Member Torliatt commented she. lives near .North Webster 11 Street and thought the speed imit was 30 mph of that segment of 12 Bodega Avenue .from fhe westerly corporation limits of the' Ci y to 13 , North Webster Street. She noted when tho improvements were 14 made on ;Bodega Avenue it was to provide incentives for people 15 to reduce their speed. She stressed she would like, to see the speed 16 limit set at 30 mph in that area rather than a 35 rnph zone. 17 18 Additionally; Council Member Torliatt c_ornmente.d if we .are l9 institu.ting new speed limits: there is a need to coordinate street light 20 signdlization to facilitdte; traffic congestion. She commented North 21 McDowell and E: Washington need better. traffic light coordination 22 and pointed out eastbound. on Washington is a problem because 23 the lights are not timed correctly. 24 25 Councii. Member Canevaro commenfed Redwood . H'ighwgy h'as Z6 had the required warrants for some time and from a safety 27 standpoint fully supports reducing the speed Ii_m'it. 28 29 Mr. Skladzien .indicated stdff is looking at #raffic .signal co.ordiriation 3D and actually Jooked at the V~/ashington Street section.. He 3.1 irdicated there is currently construction, work going. on which is 3'2 affecting the trdf#ic loops. Me also pointed out That pedestrians 33" and. bicycle- traffic preempt the coordination. He concluded 'by 34 stating staff is:doing their best to keep things going.. 3'S - 36 Council Member Torlidtf commented: she would 'like: ao see .the 37 speed on Bodegd; Avenue reduced to 30 mph. 38 39 Mr. Skladzien. noted, from an engineering standpoint, they feel they 40 ~ could support a drop to 30 mph .at that lo;catio.n. 41 42 Council Member Healy commented on the protocol for the 'Police 43 ~ ,Department to weigh-in on these types. of issues. anal indicated he 44 would rather approve the resolu'fion as pcesenfed, and haze the 45 traffic committee re-review the Bodega Aven!uesegment. 46 - 47 Council Member Moynihan.'indicate:d he would support going with 48 staff`s recommendations at this point. October 27, 2003 Vol. 39, Page 209 1 . 2 ~ Mr: Skladzien indicated he would have the Police Department and 3 Traffic Committee re-evaluate the areas of concern. 4 5 ~ Council Member Healy clarified with staff there is an ongoing 6 process in place to review other road segments and that members 7 of the public may submit areas to be reviewed, as well. 8 9 Council direction was fo support the recommendafion for Bodega 10 Avenue, but fo have if reviewed for a further drop in speed to 30 11 mph. 12 13 MOTION to adopt the Resolution: 14 15 M/S Moynihan and O'Brien. CARRIED UNANIMOUSLY. 16 17 B. Discussion and Action Regarding a Proposed Property-Related Fee 18 to Fund Parking Improvements, Parking Maintenance and Parking 19 Security at the Keller Street Garage Facility on Property Benefited 20 by Garage; Subject to Future Hearing and Election. (Marangella) 21 22 Paul. Marangella, Director of Economic Development and 23 Redevelopment, gave the staff report. 24 25 Jeff Mayne, thanked Council for stepping up and being more than 26 a full partner with the Downtown. Association with regard to this 27 issue. He indicated the garage is getting full again and the 28 Downtown Association is prepared to support the property related 29 fee. 30 31 Council Member Moynihan commented he feels this is taking a 32 step .backward to what was done 20 years ago to provide capital 33 costs. He indicated he would. be surprised if the property owners 34 would be willing to continue to tax themselves for the maintenance 35 -arid security.' of fhe garage. 36 37 Mr. Mayne indicated he does not have the support of the majority 3'8 yet, .but they ;are working on it. He commented on the significant 39 vandalism and increases iri crime at the garage and stressed the 40 necessity for the maintenance and security measures. 41 42 .Council Member Harris noted all the players ready to take a look at 43 this and noted his support for the proposed process. 44 45 Council Member Torliatt commented there are 1 10 property owners 46 and those, property owners have been paying for the garage, 47 receiving maintenance and security. She noted the City is now 48 asking for and giving the property owners the ability to continue Vol. 39, Page 210.. October 27,.2003 1 that maintenance: .She .indicated she feels 'the property owners 2 would support a fee 'that would. create a safe, clean parking 3 garage and concluded by stating it is a relatively cheap way. for 4 property owners 'to get some good parking for their patrons. 5 ' 6 Council Member Torliatt also asked that rn,ore information be 7 provided, at a later date, as to how the voting is conducted and 8 calculated. 9 1'0 Council ,Member Healy stated h. e 'hopes staff revisits the level of 11 service being put'into the garage on an on-going. basis to include. 12 staffing and :the number of hours of security. 13 14 Council Member Canevaro voiced his support and indicated he 15 feels we are on the .righttrack to ask. the property owners to pay for 16 this program. 17 18 MOTfON to provide. direction to prepare appropriate 19 ,resolutions/ordinances. to impose tiie fee on the properties served 20 by the Keller Street'Garage Facility and; to notice a public hearing 21 for December 15, 2003 for fee adoption and to consider property 22 owner protests to the fee. 23 24 N1/S Canevaro and Torliatt. CARRIED UNANIMOUSLY. 25 26 CITY COUNCIL CLOSED SESSION 27 28 PUBLIC CO'MM'ENT 29' • 30 There was none. 31 ~ - 32 ADJOURN TO CLOSED SESSION 33 ,- 34 The City Council adjourned -to Closed Session at 4:20 p.m: ' 35 36 CONFERENCE' WITH LABOR NEGOTIATOR; Govf. Cody Section 54957:6- Agency 37 Negotiator: Michael Bierman. Employee Organizations:. AFSCME and .Unrepresented' 38 Groups. 39 PUBLIC EMPLOYEE PERFORMANCE ,EVALUATION: Pursuant° to Govt..Code_ Section 40 54957{e): City Clerk 41 CONFERENCE' WITH .LEGAL COUNSEL -EXISTING LITIGATION; Govt. Code. 'Section 42 54956.9(a) 43 44 (1) Carter vS. City of Petaluma, et. al. (Sonoma Superior. C.ou"rt No. 45 ~ 227520) 46 (2) City of Petaluma vs. ;Petaluma Properties, et. al. (Sonoma County 47 Superior Court N'o. 226706) 48 (3) McCardle vs. City of.Petalurna et. al. (Sonoma County Superior 49 Court Case No.:2269.78) . October 27, 2003 Vol. 39, Page 21 1 1 (4) Parsegian vs.. City of Petaluma et. al. (Sonoma County Superior 2 Court Case No. 229976] 3 (5) Pinckney vs. City of Petaluma et. al. (Sonoma County Superior 4 Court Case No. SCV-230564) 5 (6) Bramblett et:, al. vs: City of Petaluma et. al. (Sonoma County 6 Superior Court Case No. MCV 174982) 7 (7) B`obbyThompson vs. City of Petaluma, et. al. (Thompson I) 8 ~.. (Sonoma County Superior Court Case No.SCV-225677) 9 (8) Bobby Thompson-vs. City of Petaluma st. aL ,(Thompson. II) (Us. 10 District Court, Northern California, Case No. C03-0033EDL) 11 (9) Dubray vs. Petaluma et. al. Alameda Superior Court Case No. 12 2002057128) 13 (10) Sanda_ Iwood Estates vs. City of Petaluma (Sandalwood I Appeal) 14 Court of Appeal, First Appellate District; .Case No. A102613) 15 (11) Affected Residents of Sandalwood Mobile Home Owners' 16 Association vs. City of Petaluma et, al. (Sandalwood Ilj 17 (Sonoma County Superior Court Case No. 233343) 18 19 ADJOURN TQ EVENIN:G SESSION 20 21 22 fVEN9:NC~ SESSLO:N o 7:00 P.M. 23 CITY COUNCIL ONLY 24 25 CALL TO ORDER 26 27 A. Call: 28 29 Present: Members Cdnevaro, Harris, Healy, O'Brien, Mayor Glass, 30 Torliatt,.Moynihan 31 32 B. Pleclge'of Allegiance 33 C. Moinent'of Silence 34 35 REPORT OUT OF CLOSED-SESSION: ACTIONS TAKEN 36 37 There was"no reportable action taken. 38 39 PU$LIC COMMENT 40 41 John FitzGerald, Petaluma, addressed the City Council regarding the Petaluma 42 River> .noting `the River Festival O~g,anization is still in existence.. He indicated he 43 had .done a brief tour of the docks since the new fees are being collected and 44 of the 500' lirie:ar feet there are approximately 50 cleats that are in need of 45 repair. He stressed there. are a great number of visitors to Petaluma every year 46 and this is, a gateway into the City`: He noted the City should keep in mind the 47 importance of maintaining this gateway. 48 Vol. 39, Page 212 October 27, 2003 1 Mr. Fi zGerald continued 'by, indicating fhe Petaluma River Authority,. in 2 conjunction with Novato and County o,f Marin, wishes to bring the 3 jurisdictions together to coordinate the ordinances that: regulate this 4 waterway, He commented' on their request to have. the City assign 5 someone from staff to be a liaison to the corrim'ittee and a Council 6 Member to be a member of the board. 7 8 Council AAe:mber Torliatt: commented on the need, to take a'=fook at the 9 lighting/light bulbs at the Balshaw Bridge. 10 1.1 Bill Donahue, Petaluma, addressed.: the City Council and :commented: on 12 change; caking place at Sandalwood Parke. He remarked about :his 13 disappointment in the lack-of comments noted' in the September 8, 2003 14 City' Council minutes regarding, concerns fhat were expressed. He rioted 15 the owners of the mobile home park have been in a rush to get people 16 on leases. Ne indicated residents are selling their homes in Sandalwood 17 Park ,and conveying they existing rent to new prospective buyers, butt the 18 new people don't understand what mobile home rent' control is about. 19 He added, they are not being. given any options. He added he sincerely 20 appreciated all the participation. by the Council and people in 21 attendance on September 8, 2003',. but at 'the close of that meeting there. 22 were so.rne discussion between Council Member Moynihan and Council 23 Member Torliatt, as well as the :City Manager that he felt 'were not 24 reflected in the minutes. He #eels the minutes left out some important 25 commitments. He concluded by stating that ola leases are set aside. and 26 new 20 year leases are being signed'. and pointed out the urgent need to 27 get these people a copy of what their rights are. - 28 29 Geoff_ Cartwrgh#, Petaluma; addressed the City Council. regd„rding 30 redevelopment taking place and opening doors to `riew communities. ~He 31 commented on redevelopment law and expressed concerns with . 32 flooding implications at the Redwood Business Park JI.. 33 34 Don Weisenfluh,. Petglurna, addressed the:, ,City ro. uncil regarding a 35 polif'ica}flier he received from the Petaluma'`Fire Department inferring their 36 equipment is damaged to the tune of thousands `and thousands each, 37 year due to potholes in the street. He pointed out the financially 38 aisadvgntaged will be exempt from the tax and urged support for the two ,3.9 measures on fhe November'3, 2003 ballot. . ~+v 41 Janice Cader=Thompson, Petaluma, asddressed _ the City Council in .... 42 ~ opposition'to ,Mepsures C & D,.; She noted PG_8~E will be increasing rates, 43 acid the. people in this community will be of the mercy of PG&E'for fhe 44 next 20 years if this tax .passes. .She. poirt.ed out the stafiemenf that low 45 income families and seniors .are:. exempt. from tfe tax is misleading,. 46 clarifying that seniors are not exempt- people:. on the CARE Program are 47 exempt. She concluded by indicating the information ~in. the flyer is 48 deceiving to the people. October 27, 2003 Vol. 39, Page 2.1;3 1 2 Diane Reilly Torres, Petaluma, addressed the. City Council and pointed out 3 October is Domestic Violence Awareness Month. She noted the Police 4 Department does have an advocate on staff and gave the contact information. 5 6 CORRESPONDENCE 7 8 There was none. 9 10 COUNCIL COM'MfNT AND LIAISON REPORTS 11 12 Council Member Torliatt asked the City Clerk to take a look at the Sept. 8th 13 Council Meeting Minutes, .review the tape to make sure the issues are noted and 14 bring the Minutes back to the City Council to re-approve, if changes are 15 warranted. 16 17 Council Member Torliatt commented on an upcoming Regional Transportation 18 Workshop on Nov. 3 from 4:30 to 6:30 p.m. at 2550 Ventura Ave., Santa Rosa 19 where they will be receiving input on the 20 year Regional Transportation Plan. 20 21 Council Member Torliatt also announced that City Clerk Gayle Petersen has 22 reached the 2nd of 3 levels of achievement toward her Master Municipal Clerk 23 designation and recognized her for her efforts. Council Member Torliatt also 24 noted her attendance at the Walk to School event, EI Dia de los Muertas, and 25 the Petaluma Police Department's Hostage Negotiation Golf Tournament. 26 27 Council Member Torliatt then gave an update on the Water Advisory Committee 28 negotiations and noted they will have another negotiation session in December. 29 She also commented on the Zone 2A Meeting and indicated they will have a 30 special meeting to further discuss some of the issues. She gave an update on 31 and stressed the importance of Petaluma having input on the Master Drainage 32 Plan. 33 34 Vice Mayor O'Brien -gave kudos to the Petaluma Elks Club for their Firefighter 35 Appreciation Night. He also commented on Veteran's Night last Friday and 36 noted Council Member Canevaro was instrumental in getting buses for 37 transportation of veterans to the event. 38 39 Vice Mayor O'Brien concluded by commenting that he, Supervisor Kerns, and 40 Council Member Canevaro are hosting, along with the Petaluma Police 41 Department, a community meeting regarding the prowler. The meeting will be 42 tomorrow night at 7:30 p.m. at Luchessi Park. 43 44 Council Member Canevaro noted he had taken a lengthy bike ride with the 45 Pedestrian and Bicycle Committee. He added they went all over town and saw 46 the condition of roads and bicycle lanes. He indicated they will put together a 47 punch list and recognized the group and the work they do. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3.3 34 3'S 36 37 38 39 40 41 42 43 44 45 46 47 Vol. 39, Page 214 October 27, 2003 Council Member Healy fhanked John FitzGerald for his comments regording the Petaluma River and for pointing out areas in need of repair. Mayor Glciss thanked Supervisor Kerns, Vice Mayor O'Brien and Council Member Canevaro for the meeting to be held tomorrow night. He urged citizens .to' lock their doors, windows and to be safe. CITY MANAGER COMMENTS There were none. PROCLAMATI"ONS/PRESENTATLONS • Day of the Dead • Red Ribbon Week • PhysicalTherapy Month • ICLI Greenhouse. Presentation Ann Hancock ,gave a Lengthy presentation regarding. Greenhouse Gas Emissions Invenfories taking place. She went over the results for the City of Petaluma and gave recommendations on how cities might want to address the issue and achieve GHG reduction targets. Council Mernber'Torliatt cornmerited she would like to see Petaluma take .. the next Ceps and asked to have. staff' analyze and come back with some first steps. 6. PUBL-IC HEARINGS A. Discussion and/or Direction Regarding Development .Impact Fees Adjustments. (Thomas] Finance Director Bill Thomas gave an overview of the proposed. fees and introduced Scott Thorpe,. Consul#ant, to answer questions from the City'Council. Council .Member AAoy.nihan asked for and received an expldnatign of the Housing Ln-Li'eu Fee and commented, that a sliding scale 'would be-less of an impact. City Council ,discussion ensued regarding Workforce Housing concerns. Scott` Tho..rpe commen ed on the importance of new .development paying their fairshare. October 27, 2003 Vol. 39> Page 215 1 Council Member Moynihan asked fora comprehensive list of 2 existing development fees and how they compare to other 3 surrounding cities. He noted that increasing the fees would affect 4 the number of units. built, which will affect supply and demand. 5 6 Mayor Glass opened the Public Hearing: 7 8 John. Mills, Petaluma, addressed the City Council and expressed 9 concern for small developers,. as they tend to build custom homes 10 one. at a time. Occasionally they will do a minor subdivision. He 11 noted currently they are exempt from some of the developer fees, 12 but the impact of these fees is fairly significant and cautioned it is a 13 severe .burden on a small developer such as himself. He 14 commented any new fee should not apply to minor subdivisions or 15 smaller houses. He went on to commen"f on the Fire Suppression 16 Facilities Impact Fee and noted all new houses already pay a 17 $10,000 fee for this, as they all must be fully sprinklered. He 18 concluded by indicating he does not think that fee is justified. 19 20 John FitzGerald, Petaluma, addressed the City Council regarding 21 smaller projects in town, indicating he feels it will create a hardship 22 on those wishing to ,proceed. He would like to see some sort of 23 sliding fee separating large projects from smaller projects. 24 25 Tamara Thompson, Robertson Properties Group, addressed the City 26 Council, indicating this will create a .serious negative impact on 27 their project (6.6) and noted they cannot absorb these increased 28 fees. She noted she did not see when the implementation of these 29 fees would take effect. She added it takes a couple of years to 30 obtain entitlements - and recommended phasing in the fee 31 impacts over a couple ofyears: 32 33 Victor Chechanover, Petaluma, addressed the City Council 34 regarding impact feels on non=residential and clarified they have 35 always been subject to impac# fees. He indicated his support for 36 comments made by Council Member Moynihan :and indicated 37 there should be some_sort of sliding scale'for smaller projects. 38 39 Charlie Carson, Home Builders Association, addressed the City 40 Council regarding concerns with the recommended 10% 41 administrative charge, as well as the affordable housing and 42 inclusionary zoning fees. He commented on the Master Facilities 43 Plan and indicated it will be a challenge to fund those. He also 44 noted concerns with timing on these fees and indicated there 45 should be a discussion regarding: phasing these fees in. 46 47 Matt Connolly, Channel Properties, addressed the City Council, 48 indicating difficulty in understanding the fee fora multi-family Vol. 39, Page 2l b Oefiober 27,'2003 1 project having the same fee as ,5 units per acne.., He noted there 2 should be;incentives to have denser projects and there should be a 3 sliding scale for the fees. He conclu,de.d by indicati'ng' there hould 4 be incentives; for pushing the projects through. Geoff Cartwright, Petalumd, addressed the City Council, urging support for the impact fees to provide monies for roadway improvements, 10 Andrew Junius, Reuben 8~ Alter,. addressed the City Council L1 regarding. theroadway improvement resolution, section 13,, which.. 12 provides -for credits for . developer constructed transportation 13 improvements. He asked for clarification on this issue. .14 15 Hea"ring:no further requests to speak, Mayor Giass closed the Public 16 ~ Hearing. 17 18 City':Cquncil. discussion ensued regarding' fihe P arming Commission 19 and possible duplication of efforts. Streamlining of the: 20 development process was also discussed.. 21 22 The City'Council recess at 905.p.m. to 9:15 p.m. 24 City Council discussion.. took place regarding the timing and 25 - effective .date of the ordinances as welt as an overall 'explanation 26 of the proposed 10~ Adm'inistrative Fee. 27 28 ..Council Member Harris commented the .Council has talked about 29. this issue for over a year and' there is a. comprehensive study that- is' 30 .before the ,Council. He noted Petaluma would like to be business 31 friendly, but on top of that these fees have .riot been changed in 32 ~ ~ over g decade: He added development should be paying their 33 fdirshare and indicated his support of staff's recommendations. 35 ~ Cou,ncil Member~Caneyaro concurred fh.a't the report is justified. He 36 noted the impact fees are appropriate for the City and have been. 37 along time-coming: He added they are fair and'indicafed support 38 for going ahead with the proposal. He did K>oint .out there should. 39 .be something out fh'ere That wou d give discretion to the City 40 .Manager :to negotiate with a developer to pay th;e fees over time, 41 ifi justified,. He alsoindicated smaller businesses/projects would 42 possibly warrant a sliding scale ::approach -and indicated that 43 should be cgnsdered. 45 Councif Member Hea-'ly .commented the consultant and staff have 46 put an enormous effort into bringing forth these recommendations 47 and stressed it is critically important to this community that ;new 48 development pay its fair share. He .indicated he does support' the October 27, 2003 Vol. 39, Page -21.:7 1 recommendations in the report by staff for residential 2 dev"elopment, but commented he felt the in-lieu housing fee 3 should have a sliding scale and would like to see the Council ask 4 staff to come back with a recommendation on how to implement 5 a, sliding scale. He concluded by indicating he would suggest 6 phasing in the fees over a year or couple years for commercial 7 construction. 8 9 Vice Mayor O'Brien indicated staff has done an excellent job on 10 this, noting it is a complicated process. He noted Council started 11 talking about this issue in 2001 arid that this didn't come together 12 and happen overnight. He stressed it is time for something to 13 happen and indicated he agrees with the difference between the 14 residential and commercial fees. He indicated perhaps we should 15 .phase in the commercial fees over a period of time as it would 16 attract and entice more retail into Petaluma. He concluded. by 17 stating he does have a problem with the proposed 10% 18 administration fee. 19 20 Council Member Moynihan acknowledged the work done by the 21 consultant and staff. He indicated he has some problems, initially, 22 .with the Master Facilities Plan and alluded to it as a "wish list." He 23 indicated the need to realize the cumulative impact to the 24 community. He added just a few months ago the economy 25 caused us to fall short of projects. He noted concern with impacts 26 on commercial development and the supply of new housing and 27 added the minor versus major subdivision fee comments have 28 merit. He indicated he supports Council Member Healy's 29 eomrnents regarding a sliding scale for the housing in-lieu fees. He 30 would like clarification from staff on the application and effective 31 - dates. He concluded with concerns regarding the proposed 10% 32 administration fee. 33 34 Council Member Torliatfi commented she wished we could have 35 increased .these fees 10 years ago and increased them every year 36 thereafter. Unfortunately, she noted, it was overlooked. She 37 indicated Council started with this effort to increase the fees in 2001 38 and many issues on the fable at that time. She indicated the City 39 shouldn't wait a day longer to implement these fees. She 40 ~ commented on the amount of fees anticipated and indicated if 41 the fees. are phased in, the current shortfall will only be increased. 42 She added she feels it is prudent that the fees be raised as soon as 43 possible. With regard to a sliding scale for in-lieu fees, she 44 advocated`'increasing the in=lieu housing fees upward from what 45 was being proposed. She indicated the importance of trying to 46 encourage smaller square footages by giving a reduction in fees 47 for infill development. She noted she doesn't think retailers would . Vol. 39, Page 218 October 27, 2003 1 be discouraged and concluded by stating she supports acting on 2 this as quickly as possible. ~ ' 3 4 Mayor Glass indicated it is not fun. to tell people their bills will go u,p;. 5 but the City's fees have been low for a lone. time:. ~He_~added he 6 General. Plan 'is a vision for the City and commented on the need 7 for infrastructure. He stressed the increase in fees is not only legal, 8 but it is the moral, just, right fhing to do. H~e noted if you phas"e in 9 the fees, it would be giving away someone else' wallet. H'e added 10 the tune for change is now.. He did note a sliding scale for in-lieu 11 housing is something that should be looked at. 12 13 City Manager Bierman, indicated if the City Council is interesting in 14 considering a sliding scale of fees for in-lieu .housing:, he would ask 15 th.dt they hold that resolution fore now and staff will bring something 16 back for their consideration. 17 18 Nlr. Bierman :explained the .timing. of the non.-residential/retail piece: 19 dnd suggested moving forward'. with the proposed fees in the 20 .resolution.. He indicated he would work with the Robertson 21 .Properties Group to come up with a way for them to pay their fees. 22 or work something out. He indicated development agreements 23 are a possibility if a project is'in a PGD.C area. 24 25 He explained the recommended 10% administrative fee and 26 indicated. if the Council feels it is too high, they can drop the 27 percentage down, perhaps to 5%. 28 29 City Council discussion ensued regarding. the ,need to charge the 30 10~ administrative fee and the City Manager gave an overview of" 31 the- cost to monitor; create reports and keep track" of the fees we 32 are collecting. now. 33 34 A majority of fhe City Council supported`: lowering fhe proposed 3`5 Administrative Fee to S~ for all the proposed, iimpact~fees. 36 37 Council Member Moynihan indicated he has asked fora urnmary 38 of the totai amount of fees applicable for this community ands the 39 total revenue from these fees over a 10-year period and he does.n't 40 have that information. He urged=the City Council and ,indicate.d'~it 41 would not'seem .unreasona_ble to postpone action for a couple of 42 weeks untilthat information- is available: 43' 44 City Council discussion ensued regarding possible wording to allow 45 flexibility for the City Manager to deal with commercial fees on a. 46 case-by-ease basis, as well as whether tt~e Park Impact Fee 47 Resolution takes into account park acreage outside City limits. 'or 48 only parkland within the City limits. Ocfober 27,.2003 Vol. 39, Page 219 1 - 2 Tle Cify Attorney noted the current Resolution refers to, 3 "maintairi'ing service within existing City service areas." 4 5 Council discussion ensued regarding "within City limits" versus 6 "ou#side City limits" and .how the calculated numbers for the 7 parkland fees would change, if those lands outside the City limits 8 were included. Council Member Moynihan stressed the need to 9 hold the resolutions to the next City Council meeting so they could 10 be amended to reflect the Council's direction regarding the 11 administrative fee to be charged. 12 13 1. Introduction of Ordinance 2165 N.C.S. Amending Section 14 17.14.040 of the Petaluma Municipal Code Regarding 15 Computation of Fees. 16 17 MOTION to introduce the ordinance: 18 19 M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY. 20 21 ~ City Council discussed again ensued regarding the 22 definition of parkland acreage and it was clarified that the 23 current resolutions refer to parkland "within" City limits. 24 Discussion also continued regarding whether it is necessary 25 todefer action on the resolutions until they reflect a 5% 26 Administrative Fee and whether language is needed to 27 allow for the City Manager to negotiate the payment of 28 pertinent fees on a "case-by-case" basis for those 29 develo,p'ments that would incur a hardship. 30 31 It was noted the City Council has the flexibility to control the 32 payment of feels already through conditions on a project 33 _ . and that no further language is needed to allow for that 34 flexibility. 35 36 There~~'was direction by the majority of the City Council to 37 defer action,:on the In-Lieu Fee Resolution to a later date and 38 to have staff prepake a "sliding scale" approach to fhe fees 39 for Council consideration. 40 41 2. Resolution .Revising ahe Amount of Fees Payable in Lieu of 42 ~ Providing Affordable Housing Units, as Required by .Program 43 11 of the Housing Element of the Petaluma General Plan 44 1987-2005. -Deferred to action to a later date. • 45 46 3. Resolution 2003=:206 N.C.S. Amending the Traffic Impact Fee 47 Adopted by Chapter 1 1.80 of the Petaluma Municipal Code Vol. 39, Page 220 October 27, 2003 o Provide for. Roadway Improvements for Future Development. 4. Resolution. 2003=20Z N'.C.S. Adopting a Fire .Suppression Facilities Impact fete for Future Development Within the City of Petaluma. - 5. Resolution,20b3,208.N.C.S. Revising tho Communify Facilities Development Fee Authorized, by Municipal Code Chapfer 1:7.14 to Create. a Separate' Community Cenfec` Facilities Impact Fee to Provide fior Expansion cif Cornmuriity :Center Facilities for future Development: 6. .Resolution 2003-209 N.C.S. Revising 'the Community Facilities: Development Fee. Aufhorized ~'by .Municipal Code Chapter 1.7.14. to Create a Separate Public Facilities Jmpact Fee to Provide for Expansion of City Hcill, City Vehicles, and Necessary Office. Equipment to Provide General Government Services to Future Development. 7. Resolution 2003-2,10 N.C.S. Adopting a Law Enforcement Facilities Impact F.ee for Future Development Within the City of Petaluma. 8. Resolution 2003-211 N.G.S. Revising, tha Community Facilities Development Fee Authorized by Municipal Code. Chapter 17.14to Create a Separate Library Facilities Impact Fee #o Provide for Expansion of Public Library Space and Collections for future Development,; 9. Resolution 2003-212' N.C.S. Adopting a, Park Impact Fee: to Provide: `for the Acquisition and Improvement of ;F'grkland and Open Space Necessary`to Serve tJew Development. 1 1. Resolution 2003'-213 N'CS. Revising the Community Facilities Development Fee Authorized. by Municipal Code ,Chapter 17.14 to Create a Separate Aquatic. Center Facilities Impact Fee to Provide for Expansion; of Aquatic Facilities for Future Development. } There were several motions made in an attempt' to move forward with the proposed resolutions, with the following,: motion being the enacting motion: - ~ - MOTION to adopt the above referenced Resolutions: M/S Healy and O'Brien. MOTION ,CARRIED ~ B°Y THE' FOLLOWING VOTE: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 October 27, 2003 Vol. 39, Page{221 AYES: Harris, Canevaro, Healy, O'Brien, Mayor Glass and Torliatt NOES: Moynihan 10. Introduction (First Reading) of Ordinance 2166 N.C.S. Amending Sections 20.34.090 and 20.34.100 of the Petaluma Municipal Code Regarding the Amount of Park Land "and Park Fees Required. MOTION fo introduce the Ordinance. AYES: Canevaro, Healy, Mayor Glass and Torliatt NOES: Harris, O'Brien and Moynihan B. Redwood. Gateway Retaif Center: Discussion and Possible Action Regarding a Recommendation from the Planning Commission to adopt: Resolution .2003-214 N.C.S. Overriding Considerations Monitoring Program; and, Adopting a Statement of and Approving Mitigation 2. Resolution 2003-215 N.C.S.. Approving a PCD Amendment and Modified General Development Plan for the "Redwood Gateway Retail Center," a 166,71.3 square foot retail center on a 16.2-acre site located at 1363 North McDowell Boulevard at Redwood Way; APN 007-411-20 & 21. File 03- ZOA-0271. (Moore/Allsep) Jgyni Allsep, Contract Planner;gave the staff report and indicated the Planning Commission and staff recommends the City Council adopt the Statement of Overriding Considerations, approve the Mitigation Monitoring Program, and approve the PCD Amendment and Modified General Development Plan for the Redwood Gateway Retail Center. In response to Council's question, the City Manager clarified staff is in favor of the. median being broken. Tamara Thompson, Robertson Properties Group, addressed the City Council asked that the following conditions be amended to reflect: • A median cut providing for an inbound left turn pocket. ® To remove the requirement to underground overhead power lines, as the upper lines need to remain. The lower lines could be under-grounded, but they would propose leaving them as is. Vol. 39, Page 222 October 27, 2003 1 2° That the parking ratio be amended to allow for 800 parking 3 stalls 4 5 • That the requirement for .showers be on a '"tenant" as-needed 6 basis rather than a square footage basis. 7 .. 8 That the impact fees be amended for Choirproject as they will. 9 , create a"hardship for this project to move forward. 10 11 Mayor Glass opened the public hearing: 12 13 Patricia Tuttle Brown, Petaluma; addressed. the City Council in 14 support of the square footage requirement .regarding showers be 1.5 left in. She also indicated parking spaces should be kept at the:. 16 current .level and .urged -the Council to continue to hold to the 17 proposed conditions. 18 19 Rick Farmer, Petaluma, stated his opposition to both of the: 20 resolutions. He commented this i"s part of incremental; "dumb 21 growth" rather than "smart growth°' policy. He concluded' by 22 stating, allowing these to go forward would be bad public policy. 23 24 Geoff Cartwright, Pefa.luma, addressed the City Council and. gave 25 a development history of the proposed. site, acknowledging the 26 flood issues in that area.. ~~ 27 28 ~. Hearing no further requests to speak,. Mayor Glass closed the public 29 ~ hearing. 30 . .. 3.1 Council Member Toclidtt' commented; on issues and concerns 32 expressed regarding the square #ootage ratio for fhe installation of 33 .showers as 'it relates, to the single tenan vs~. multi-tengn:t aspects of 34 ~ the development plan. Discussion, ensued regarding the .square 35 ~ footage. of the Kohl's footprint as well as the amou,rit of water the 3'6 project is expected to use. She requested staff amend, the PCp 37 guidelines to not allow for a single use in that project to be in 38 excess ~of 98,000 square feet. 39 40 Council Member Torliatt also asked that the 'Planning: Commission's 41 recommendation to have staff looktat some pervious surfaces and 42, work with the applicant through the design review` process 'be 43 added to the conditions of approval. 44 4'S Discussion ensued regarding the median alternatives and it was 46 noted the City does have the ability to close the turn lane in the 47 future, if warranted. 48 . October 27, 2003 Vol. 39, Page 223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Council Member Torliatt also pointed out that the "urban limit line" referred to should be changed to "urban growth boundary." With regard to the specific requests by the applicant, the majority of Council agreed to: 1. median cut to left-turn only; 2. go with the staff recommendation regarding under-grounding of overhead power distribution lines, recognizing the high voltage lines cannot be placed underground; (It was noted Council Member Moynihan 'was not supportive of having them underground the distribution lines that are on the same poles as the high voltage lines.) 3. supporting staff's recommendation as it relates to the parking ratio, 1 per 300 square feet or 3.3 per 1,000 square feet. (It was no ed that Council Member Moynihan supported the applicant's reques#.) 4. support the ratio, as provided for in the Bike Plan, to remain as a requirement. It was noted. that a gross floor area of 50,000 sq. ft. and up requires 4 showers. (Vice Mayor O`Brien indicated he would be willing to exempt Shop A and Pad A from the shower requirement.) 5. require the developer to pay whatever impact fees are in place at the time they file for permits. Council. Member Torliatt recommended in Attachment 6, under the Conditions of Approval for #5, which talks about a separate water meter being provided for landscape irrigation systems or as required by staff, she would like to add if tertiary water becomes available to this project that they would be required to hook up at staff's direction. The Council, supported that recommendation. Mayor Glass confirmed the Council"s consensus and direction for capping the Kohl's building size 'to 98,000'square feet. Vice Mayor O'Brien commented that he would like to see that when they pay their fair share of fhe contribution for the portion of the Old Redwood Highway over-crossing that it goes into .the specified CIP account that has already been set up for that project. MOTION to adopt the Resolutions, to include the recommended changes by the City Council. M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY. 1 2 3 4 5 6 7 8 9. 10 11 12 13 Vol. 39, Page 224 7. UNFINISHED BUSINESS October°27, 2003 A. City Gouneil Discussion drd Direction ,Regarding City Boards, :: Commissions and Committees. ,(Bierman) = Continued' to the t. No"vember .3 ZQ03 meeting. 8. NEW BUSINESS B: `~ McNear Peninsula Park, .Phase 1: Resolution Approving, Finaf .Conceptual Design Plan an,d Authorizing Distribution of Request for Prgposats for Construction of 'Improvemen#s. (Tuft) - Continued' to the November 3, 2003 meeting, . ADJOURN The meeting was adjourned at 11.:45 p.m. to the regularly scheduled Council Meeting of November3, 2003. .- David~Glass, Mayor ATTEST: I Gayle Pefi sen, City Clerk.