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
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5 Present: Members Canevaro, Harris, Healy, O'Brien, Mayor Glass,
6 Torliatt, Moynihan
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8 B. Pledge of Allegiance
9 C. Moment of Silence.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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6 Mayor Glass opened the Public Hearing:
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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.
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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.
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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:
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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.
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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.
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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.
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15 Hea"ring:no further requests to speak, Mayor Giass closed the Public
16 ~ Hearing.
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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..
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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.
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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.
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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.
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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.
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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. ~ '
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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.
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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.
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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.
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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%.
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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.
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34 A majority of fhe City Council supported`: lowering fhe proposed
3`5 Administrative Fee to S~ for all the proposed, iimpact~fees.
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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:
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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
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2 Tle Cify Attorney noted the current Resolution refers to,
3 "maintairi'ing service within existing City service areas."
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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.
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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.
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17 MOTION to introduce the ordinance:
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19 M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY.
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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.
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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.
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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.
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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. •
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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:
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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
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2° That the parking ratio be amended to allow for 800 parking
3 stalls
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5 • That the requirement for .showers be on a '"tenant" as-needed
6 basis rather than a square footage basis.
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8 That the impact fees be amended for Choirproject
as they will.
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create a"hardship for this project to move forward.
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11 Mayor Glass opened the public hearing:
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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.
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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.
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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.. ~~
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28 ~. Hearing no further requests to speak,. Mayor Glass closed the public
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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.
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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.
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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.
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October 27, 2003 Vol. 39, Page 223
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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.
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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.