HomeMy WebLinkAboutCity Council Minutes 09/08/2003September 8; 2003 Vol. 39, Page 143
~P I'tr
a ~ Cif of'Petcclua, C'al~f®rna
REGUL~4R IVIEfTING OF THE
x;858 PET~4LUnAA CITY COUNCIL
City Cquncil Minutes
Monday, September 8, 2003 - 2:00 P.M.
Regular Meeting
2:00 P.M. -CITY COUNCIL CLOSED. SESSION
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CALL TO ORDER
A. Roll Call
Present: Members Ganevaro, Healy, O'Brien, Mayor Glass, Torliatt,
Moynihan
Absent: Harris
PUBLIC- COMMENT -None
ADJOURN TQ CLOSED SESSION - 2:08 P. M.
,l
® CONFERENCE WITH REAL.•~ PROPERTY NEGOTIATOR: Pursuant to Government Code
§54956.8.. Property: Two Parcels Located on the 4000 Block of Lakeville Highway
(APNs 017=170-.002 and 068'0'10-026'). One Parcel L"ocated Southwest of the City's
Oxidation Ponds (APN 019-330=009): A Small Portion of One Parcel Located at 3880
Cypress. Drive (~APN 005-090-062). Negotiating Party: Michael Bierman/Michael Ban.
Under Negotiation` Price, Terms or Payment, or Both.
® PUBLIC EMPLOYEE PERFORMANCE `EVALUATION: Pursuant to Govt. Code Section
54957(eJ City Clerk _
® CONFERENCE WITH LABOR NEGOTIATOR: Government Code §.54957.6. Agency
Negotiator: Michael Bierman. Employee Organiza_tioris: AFSCME aril Unrepresented
Groups. •
® CONFERNCE WITH LEGAL COUNSEL - 'EXISTING. LLTIGATION: Government Code
§54956.9... City of Petaluma vs. Novak (Beacon 'Stafion), Sonoma County Superior
'Court Case # SCV-22681 b.
_ . ,. _,
3:00. P:M. - AFTERNOON SfSS10N
CALL TO ORDER
A. Roll Calf
Present: Members. Ganevaro, Healy, O'Brien; Mayor Glass, Torliatt,
Moynihan
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Vol. 39, Page 144 September 8', 2003
1 Absent: Hdrris, Healy
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3 B. Pledge of Allegiance -Vice Mayor 0' Brien
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5 PUBLIC CONIMfNT -None.
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7 REPORT OUT'OF CLOSED:SESSION.ACTIO'NS'TAKEN -,N'orie.
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9 CITY COIIN'CIL COMMENT
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11 Council Member Moynihan explained that Council had been.. given an
12 additional memo from Finance Director Bill Thomas- dealing with street
13 reconstruction and ,maintenance funding accounting, which he appreciated.
14 Included 'is a breakout of fhe Economic Development and Redevelopment
15 projects for the• current year. H.e thought a .couple of projects labeled. as s~tre;et
16 projects were actually underground improvements. H:P would like a more.
17 extensive breakout for the three project numbers in the CIP. Regarding the.
18 redevelopment agency contributing $15 million at a rate of $3 million per year,
19 now that the account'isset up for Street Reconstruction Funds, he would also like:
20 to see that dedication for this year'and last year and.. hold that in the fund, as it
21 would allow the fiend balance fo be larger and assist Council in determining
22 priorities. He also appreciated. the modifications showing. all Street Maintenance.
23 funds passing through. account 3302, the Public Facilities Street Maintenance
24 Program. -
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26 Council. Member Torlatt announced `that she had attended the Water Advisory
27 Committee (WAC) Meeting along with. Lnterim Water Resources and
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2$ Conservation Director ..Mike. B'an,~ .Utility, :Manager,., Steve; Simmons,,. and City
29 Manager Mike Bierman this morning. Included on the agenda was an update on
30 the EeL River lawsuit. She explained that Judge Lawrence Antolini has been
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3,1 dismissed on that case; assignment of d new'judge in pending. Legaf costs were
32 awarded to fhe Friends ofi th,e Eel River. The Sonoma Counfy Wa;tec Agency
33 (SCWA) will. be .gathering, information f,or~ a supp[emen;tal ELR and putting
34 together a scope of work in h`ovse. SCV~/A was somewhat vague- regarding a
35 timeline for this process. Monthly_wafer.-use for June, July, and .August was ;given
36 and two le t.ers SCWA had .sent the contractors requesting 'information about
37 "approved" projects: were-,discussed. She noted the ~contrgctors are> '`sta_rfng o
3$ hit ceilings on amount of water. we .can take from Russian River." She emphasized
39 that this is, "a fini e source of water."~ She expla`ined~~ that when Council was
40 discussing the 1 1'h Amended Water Agreement in, 1'999, that' were told by S'CWA
41 that this was, `"no problem;'` and said. sne hopes., people are starting to
42 understand tha# there is a problem. She concluded fhat; "Some big #hings are..
43 going to be happening with water here soars:"
CITY MANAG:ER,COMMENT -None.
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September 8, 2003
Vol: 39, Page 145
AGENDA CHANGES AND DELETIONS -City Manager Bierman removed item 3G
from the agenda. „
1. APPROVAL OF MINUTES.
A. Approval. of PCDC/City Council Minutes of August 25, 2003.
CouneiL:Member Moynihan asked.. that lines 20-36 on page 16 be
deleted, to show that fhe meeting -was adjourned prior to the
beginning of the evening session.
MOTION t:o approve mina#es: as amended. M/S O'Brien/Moynihan.
CARRIED UNANIMOUSLY (Harris and, Healy absent)
7. A"PPROVAL OF PROPOSED AGENDA
A. Approva-I of Proposed Agenda for Council's Regular Meeting on
September 15, 2003'.
MOTION to .approve qs•- presented at dais with fhe addition of two
Closed Session items. M%S O'Brien/Torliatt..
CARRIED UNANIMOUSLY (Harris and .Healy absent)
3. CONSfNT,CALENDAR
Vice Mayor O`Brien asked fhat items 3B and 3G be removed from fhe
Consent Calendar for separate discussion. ~ .
City Manager Bierman asked that item 3G be removed from the agenda.
Council Member Torliatf asked that items 3C, 3D, and 3E be removed from.
the Consent Calendar for separate discussion.
MOTION to approve the balance of the Consent Calendar (Ltem"s 3A and
3F): M/S Torliatt/O'Brien.
CARRIED UNANIMOUSLY (Harris and Healy absent)
A. Resolution. ..2003-1 Z2 N.C.S.. Accep#ing Completion of Weed.
Abatement Confractor Work: (Ginn).
B. Resolution Approving -Street Closures'for Antique Faire on Sunday.;;
September 28, 2003: Fourth Street between "B" Street and Western
Avenue; Kentucky Street between Western Avenue and,
Washington Street; and the ''A" Street Parking Lot between Fourth
and Fifth S#reet. (Simms.) Removed from Consent for discussion.
Vol. 39, Page 146
September 8, 2003
1 C. Resolution 2003.-.174.. N.C.S: Authorizing .the Svb.mittal o;f ~an
2 Applcation,to the California. State Dept'. of Housing and Community
3 Development for Funding :under the CAI.HOME Program; the
4 Execution of a Standard Agreement if Selected for Such Funding
5 and .Any Amendments Thereto:; and Any 'Related, Documents
6 Necessary to, Participa"te in the CALHOME: Program... (Gaebler)
7 .Removed from Consent for discussion.
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9 D. Resolution .2003-175 N.C.S. Awarding q Contract for the 2003-.2004
10 Residential Street: Reconstruction Project., No. 9846, T,h:e ;Estimated
11 Total `Budget $,1,935;b00 Funding :Sources: Traffic Mitigation `Fund..
1'2 (Skladzien~) Removed from Consent'~for discussion;
14 E. Resolution 2003-176 N.C:S. Authorizing the C>ity ;Manager to Enter
15 into an Agreement with Black & Veatch, for the Preparation of XP-
16 SWAIIM Analysis for the' Petalbma River Denman .Reach Rivet' Plan
17 Projec-'t (Tuft) Removed from Consent fore discussion.
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F., .Resolution 2003-.173 IV:C:S. Authorizing the City Manager to Pursue
Phase: 3 Grant Funds through, 'the State bepartment of Water
Resources for Ad.ditionaf Land and :Easennerit .Acquisition- and
Restoration of the Denman Reach: of 'the Petaauma~ 'River,. and,
Authorizing the. City Manager to Complete all Necessary
Tr'ansacti'ons for Acceptance of Grant Funds (Tuft)
26 G. ~e3eldtTe~=AO~- N~~'. ,A,~!v~g-C^~t=fQr t#e-rY- '~9(~~~9(~4.
27 Pfa~~e-~Pe~re"mer~~Qr}fe±~, ~^,~PFeec~Ne.=~7-3~'z-7={~~~ -
2S Removedfrom ogendv.
29 - ~ -
30 Items Removed from Consent Calendar for Discussion
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32 B. Resolution Approving S#`reet Closures for Antique Faire on~ Sunday,
33 September 28, 20Q3: Fourth Street between "B" Street and Western
34 ~ Avenue; Kentucky Street between' WEStern Avenue and
35 Washington Street; and the "A'' Street :Parking Lot between Fourth
3.6 and Fifth Street:' '(Simms
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38 Vice Mayor O'Brien .noted there was ro rnoney• budgeted for fhe
39 Police overtime costs° associated with this event.. He' believes the
40 City should b.e reimburse:d by the P.etal`uma Downtown Associdtion
41 (PQA) for These costs. .
Council Member •Nloynihan reminded Council .that about three
years ago, fhe Antique Faires were reduced from `two 'p'er year to
o:ne per year; and moved fo fhe 'fairgrounds;, in response to
complaints from businesses: He asked if thaf po icy had changed.
September 8, 2003. Vol. 39, Page: 147
1 Mayor Glcis"s added that he would also -like to see the City be
2 reimbursed for fhe cost of Police overtime for the event. He
3 suggested discussing fhe matter with the Petaluma Downtown
4 Association.
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6 Council Member Moynihan added that he would also like the PDA
7 to explain how the event came to be held twice a year again and
8 would like the area merchants to be informed of the event.
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10 Vice Mayor O'Brien asked Lt. Danny Fish of the Police Department if
11 there would be enough time to schedule Police coverage of the.
12 event, should Council pull the item tonight and bring it back at the
13 September 15'h Council Meeting.
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15 Lt. Danny Fish replied that scheduling was already in place., and
16 added that reimbursement for Police overtime was recommended
17 in the staff report.
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19 This item was continued to the September 15, 2003 Council
20 AAeeting.
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22 C. Resolution 2003-174 N.C.S. Authorizing the Submittal of an
23 Applica#iori to the California.Stafe Depf. of Housing and Community
24 Development for .Funding under the CALHOME Program; the
25 Execution of a Standard Agreement if Selected for Such Funding
26 and Any Amendments Thereto.; and Any Related Documents
27 Necessary to .Participate in the CALHOME Program. (Gaebler)
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29 Council Member Torliatt explained that the City was applying for a
30 $500,000 grant to be utilized for home ownership development
31 projects. She had asked City Manager Bierman what the site
32 location was for the 25 first-time homebuyer sites. His was response
33 was that they would potentially be located on six acres the City
34 owned off of Garfield. She expressed concern that Council. has not
35 talked about sites for workforce housing._ She reminded. Council
36 that 100 Garfield-area residents came before Council. a' couple of
37 years ago regarding potential developmenf of that site.. She
38 thought they would be a Little upset if the City :came back 18
39 months later and developed the property without noticing the
40 neighborhood. If this were potentidlly the site, she would like to
41 have a public meeting and notice the neighbors appropriately
42 about any potential projects. She believes the City needs tq
43 acknowledge their concerns. She would be .happy to apply for this
44 funding, but not to use as leverage down the line to develop that
45 site.
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Vol. 39, Page 148
September 8, 2003
1 Housing Adrninstrgtor Bonne Gaebler, explained that this 'is not a
2 site-specific grant. The funds could. be used for one Idrge parcel or
3 several smaller parcels. If fhe .City were awdrded the funds, a.
4 Notice of Funding Availability would be issued to ron-profits, which
5 would "do fhe !shopping" for one or more situ. The entire: land use
6 process would be followed, including neighborhood. meetings and
7 notification.
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9 Council Member Moynihan asked if Burbank No,using had spoken,
10 to Ms;. ,Gaebler about this site as a potential location for" employee
11 ~ housi_ng. .
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13 Ms. Gaebler confirmed this;, but added that `they talk to her about
14 every site: The City did receive. a letter of "proposal from Bu,rbahk
15 some .months ago> butt at the time, there was no money for pre-
16 development.
Council Member Moynihan thought the City should ask them to
come forward.
21 MOTfO'N t;o adopt Resolution. M/S 'Moynihan/(~anevaro:
22 CARRIED UNANIMOUSLY (Harris and Healy absent)
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24 D. ;Resolution 2003'-175 N.C:S. Awarding a Contract for the, 2003-2004
25 • Residential ,Street Reconstruction .Project No: 9846: The: Estimated
26 Total Budget $1;935,000. Funding. Sources: Traffic Mitigation Fund.
27 (Skladzien)
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29 Council Member Torliatt would like to be sure that residents are_
30 notified ins a timely fashion that work will be done on fheir streets.
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32 Public Facilities. and Services Director Rick Sklad'zien confirmed thaf
33 residents would be notified .both by newsletter and on barricades
34 posted ~48 hours prior to the eommence.ment of work.
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36 Council Member Torliatt suggested including notices with .residents'
37 water bills.
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39 Council Me.rnb:er Moynihan noted that Finance Director Bill
40 Thomas'"s memo .outlined the source of funs" for the project:. H:e
41 appreciated the clarification and also tf;P fact • That bids are
42 coming lower than expected..
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44 MOTION to adopt Resol;uti,on. "M/S Torliatt/M,oynihan.
45 CARRIED UNANIMOUSLY (Harris and. Healy absent)
September 8, 2003 vo1..39, Page l49
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4.
E. Resolution. 2003-1:76. N.C.S. Authorizing the City Manager to Enter
into an Agreement°with Black & Veatch for the Preparation of XP-
SWMM Analysis fog the Petaluma River Denman Reach River Plan
Project (Tuft) .
Council .Member Torliatt explained that this was a Professional
Services Agreement to do some: modeling on the Petaluma River
between the bridge on Petaluma Boulevard North and Corona
Road. She noted that the staff report refers to removal of an
existing pond. She stressed the importance of increasing water
storage capacity in the area, as opposed to "just moving the
storage of water around.:" She: asked Director of General Plan
Administration Pamela Tuft for clarification.
Director of General Plan. Administration Pamela Tuft that the existing
pond, which is really just a .lowered area, is located between the
health club parking lot on Old, Corona Road and Industrial "Avenue..
To regain developable land on behalf of the City, the pond would
be moved to the other side of Industrial Avenue to other property
owned by the City. That property is deed restricted to open s"pace.
She noted. that the intent of the channel reconfigu"ration is to
substantially increase the capacity of the channel, and decrease
#looding in the area, not just move the storage of water from one;
place to another. The Corona Road culvert is a natural weir.
Council .Member Torliatt thought that if the City owned property in
that area., it should ~be maximizing .storage capacity instead of
creating developable land. She: wanted to raise the issue because
she believes it will, come ;back to the Council in future.
Council Member Moynihan asked if what was being discussed was
simply th.e application for funding, and the scope of services, etc.,
would be included in the contract that would be. awarded.
IVIs. Tuff clarified that the :item actually awarded: the contract.
.MOTION to adopt Resolution. M/S Torliatt/O' Brien.
CARRIED UNANIMOUSiY (Harris and Healy absent)
UNFINISHED BUSINESS
A, Ordinance 2161 N.C.S. (First Reading) Authorizing the City Manager
to Execute All Documents Relating to the: Purchase of Real Property
Described As Sonoma County Assessor's Parcel Nos. 068-010-026
And 01:7-010-002, Consisting Of Approximately 261.33 Acres. (Ban)
vol. 39, Page 150
September 8; 2003
1 City Manager Bierman explained that purchase of these: 261 acres
2 is necessary for the moving. the wastewatertreatment .plant to~ the
3 site as welC as a wetlands site.. The cost is $4 million; of which almost
4 $1,8 million will be funded by the. Sonoma County Agricultural and
5 Open Space Preservation and Open Space District and the
6 California Stdte Coastal Conservancy. City, would #und the portion.
7 ~ used for the "pla_ nt. The property would provide tidal marsh, riparian
8 habitat, ahd polished wetlands for the wastewater freatrnent plan.f.
9 H.e recommended Council approve and move forward this item..
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11 PUBLIC COMMENT
12
Dave Yearsley, Petaluma', Petaluma River Keeper, complimented
Council liar the time and' hard work they- contribute for very little
compensation: He. has been chairman of th,e Petaluma Wetlands
Park: Alliance, which has worked for over two ye.acs'to advocate for'
fhe was"tewater treafinerit facility to include polishing wetlands ahd
a wetlands park for the :comrmu.nity. He noted the potential for a
Natio"nal Audubon Society Education Center on this site. Ne
:enumerated the benefits of purchasing the property.
Stan Gold; Petaluma, stated the community'is united in wanting the
City to move ahead with purchase of the property. Everyone sees.
a benefit, He: described birdwateh'ers as, "the ideal kind of visitors-
'they come, th,ey"spend money; they stay ih hotels, they see birds,
they don't i#'ter, and then they go home.'`
Grant D.avis,.~'The Bay Instifut`e, Petaluma, urged Council to move.
forward to acquire the land. A significant breakthrough occurred
earlier this year' when City Manager Bierman 'had an "'aha
moment" -the idea to take."fhe existing; "pond: design and put it°on
Parcel A. He commended; Council and City Manager .Bierman,
fnterirn WRB~C ;D:irector Mike ':Ban, and `WR8~C Engineering Manager
Margaref Orr..
Hank Flum, :Petaluma, said he does not represent any organization,
except the public. and is .delighted the item has the! opportunity to
move~~forward. He sees Pefaluma as privileged by having wetlands
to treat wastewater -not all communities are so lucky.. He added
that this "progressive way to deal. wi,fh wastewater" would require
leadership. This- is the wave of the future -the 'way t'o get tertiary
treated water at low cost and preserve the wetlands.
~s
44 Council M'ernber"Torliatt' rioted that the success of the projec# was
45 the result of, "a` huge efforf of d diverse group of people working,
4'6 together." Buck in 1`998-99, Council targeted this property for'
47 acquisition. She has consistently advocated acquiring entir,:e
48 parcel.
September 8, 2003 Vol. 39; Page T51
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Council Member Moynihan said he felt privileged; offer being
involved in this; for many years, fo be able to move forward aril oh
frock to build the plant, "sooner rafher than later:`' He added the
sellers of the property should receive some credit as they have
been working with the City.
Vice Mayor O'Brien was happy to see this come to fruition. He
fhanked City Manager .Bierman and Interim WR8~C Director Mike
Ban for their hard work. ~ When City Manager Bierman figured the
plant could be moved, that's what made it happen. He believes
thi's will save money for the ratepayers in the long run. He added
this was a, "Good day for Pe#aluma and shows what happens
when we all work together."
Council Member Canevaro noted #hqf lots. of persistence and
patience on the part of City Manager Bierman and Interim WRB~C
Director Ban's part had "paid off." He added he was happy to see
this move forward..
Council Member Moynihan supported purchase of the property as
well. He thanked City Manager Bierman and Interim WR&C Director
Ban for their negotiations. He noted Council was divided. on t-.his for
some time. He thanked the Coastal ~Conservan:cy anal. Open Spaee
District for providing funds. Ke explained he was endorsing an open
space park at this time - that would; have to -come back
se,pdrdtely: Also thanked fhe property owners for their patience
with f he City.
Mayor Glass concluded, that, "E~erybody. has a part in this and
everybody canfeel good abouf~this""'
MOTION to introduce Ordinance. M'/S Torliatt/O'~Brien
CARRIED UNANIMOUSiY (Harris and Healy absent)
EVENING SES'S'ION---7.00 P~.N1. -
CALL TO ORDER ~ -
B. Roll Call '
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Present:; Members Canevaro, Harris, Healy; Mayor Glass; Torliatt,
Moynihan .
Absent: O'Brien
A. Pledge of`Allegidnce: Council Member Healy
B. Moment of'Silence
Vol. 39, Page 152 September 8, 2003
1 CORRESPONDENCE -None. _
2 .
3 PUBLIC COAA'MENT
4
5 Chip Worthington, Rohnert Park, asked. ~Counc'il for fheirsupport against a casino
6 being 'in built in Rohnert Park. Three weeks a'go Rohnert. Park residents were
7 surprised to find out there had been legal but no:t public .negotiations. He
8 warned of "bumper to bumper traffic on Petaluma 1-1111 Road at7 p.m; if a casino
9 is built in Rohnert Park:" Petaluma' City Council, 'he said, "hears the will of fhe
10 people.'' He added that ;the citizens; ofi Rohnert Park ,no longer have a Council
11 that listens to them; buf a, "corporate dicfaforship."
12
13 Council: MemberTorliatt asked Mr. Worfhington how he could be contacted.
14
15 Mr. Worthingfon provided ,a Website IJR,L: stopthecasinoTOl.corn; and. added
16 thatpetitions were available in the back. of''the Council C.hamb.ers.
17
18 Janice Cader=Thompson, Pefalurna, noted she came to peak to Council at the
19 last meeting,, but four ,of -the Council had left; She. thanked Mayor .Glass: and,
20 Council Members Healy and Torliatt for remaining to hear the public's concerns.
21 She had read all the material related to the proposed utility tax .and. be_lieyes it;
22 contains; "major laoph.oles which .are- not supportive of middle class, .buf do
23 support large ,business users.." 'Sh`e did' not believe voters would read 20 pages of
24 material before. voting. She #ells the: average .monthly increase on ra ep,ayers'
25 utility bills would. be more than stated. She was bofh,ered by exemptions the
26 Council could.. grant. Regarding the nori=residential; user cap, she stafed that the
'27 way' it was structured', if PG&E's rates `i'nc"reared, the non.-residential users:' cost
28 would actually decrease;, but-the average ;homeowner's rates: would increase. In
29 fire years, Ca,uncil could reduce the tax,. but she thought that ,.highly unlikely:. She
30 referred to fhe City of Novato's; f~~allot wh`i.ch..was thce:e pages Gong and easy- to:
31 read and understand. She concluded that-she, "wan (sJ smooth. s ree;ts as much
32 as anyone else, ,bu,t this is not fhe way.'"
33
34 Mark Albertson,: Petaluma, 'Co=Chair of Citizen_ s Advisory Cornmi#tee on:.Street
35 Improvements,. supports Measures C and D. He stated the City has had a
36 balanced budget #or .years. He enumerated services:. the. citizens have
37 consi"stently received anal have come to expect. What was ,missing; he
38 continued, was a rehabilitation reconstruction program for streets., Thanks to ;the
39 committee; such a program now exists. This comprehensive plan can' Drily 'be
40 implemented if Measures. C and ;D qre passed. He, looked at Rohnert ':Park .as an
4,1 example of~''whaf not to do." Their tax measure "failed miserably"'and. this Led to
42 cuts in' City cervices and Jayoff of City workers: Then, when the, proposers of d
4:3 casino in Rohnert Park showed up; Rohnert Park's Council wds "willing;" He
44 added he doesn't want to, "see Petaluma ga down This path.'' For t;he sake of
45 the citizens and the environment, he said,: Petaluma.,.. "needs to be in a position
46 to pick and choose wfiaf ;kind of~ development it wants..`' He urged citizens. to
47 vote yes on Measures C and D.
48
September 8, 2003 vol. 39, Page 153
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Cindy Thomas, Petaluma, thanked Council for their hard work'. She was w.ery
disappointed that'the majority of Council left the last meeting and did not allow
the public to "say their piece." She sees Council''s duty as "being here to listen to
the public."
John Hanania, Petaluma, congratulated Council on purchase of the Martinelli
property. He requested information on the status of the RV parking issue. He
hoped the City Manager would have another ''aha" moment, buy some land,
and make it RV parking.
Bill Donahue, Petaluma, acknowledged the Sandalwood Mobile Home Owners
helve filed suit against City asking that the $T54 per month increase. awarded' to
the park owners be 'set aside. They are also concerned with what the future
holds. Seventy-two people were impacted by the increase. Additional leases will
be expiring this year.
CITY 'MA'N`AGER COMMffVT -None.
COl1NCIL COMMENT
Council Member Healy spo
:Authority (SCTA) meeting he
news is "grim and .grimmer"
County segments of the US 1(
a year or 'fwo. The potential
corridor was discussed.. The
segments is 2010=2012.
:e regarding the Sonoma County Transportation
attended earlier in the day and reported that the
regarding completion of the remaining Sonoma
1 widening project. The next stretch may be put off
casino in Rohnert Park and its impacts on the 101
best-case estimate for completion of the next
He was pleased to hear purchase of the Gray (Martinelli) property was approved
in the afternoon session. He thanked the "unsung heroes" of the project: Grant
Davis of The Bay Institute for his help'in keeping the Coastal Conservancy funding
on line, Supervisor :Kerns instrumental for keeping County Open Space District
funding available, and former Council Member Matt Maguire. and former Mayor
Clark~Thompson for the compromise struck in January of 2002 that established
the framework that--allowed this project to move forward.
Council Member ;Harris was not able to attend the afternoon Council Meeting,.
.but. noted he would have voted yes on the property acquisition item. He
commended everyone involved on their hard work, including former Council
Members .Matt Maguire and Janice Cader-Thompson and former Mayor Clark
Thompson;- He reported on the most recent Airport Commission meeting, and
said tf~ere~may be a change in the executive hangar lease. He told Mr. Hanania
that'hehad heard Council should receive a memo with an RV parking action
plan in the next couple of weeks. He told Mr. Worthington he looked forward to
working with his group as he is against a casino being built, "in, around, or near
.Petaluma."
Vol. 39, Ppge 154 September 8, 2003
1 Council Member Moynihan announced' that the, ibrary has reopened wifh the
2 new HVAC s stem in pp p 9
3 utility tax measure on place. He explained that he did not su ort u.ttin ~ the
he November ballot because. he khought the City would
4 be paying $70,000-$80,000 :for an initiative, when the survey the City ;had.
5 commissioned had. already concluded such a measure would not pass. The.
6 Citizens Co.mrnitaee also suggested spending $3;1 million per Year on
7 maintenance to prevent further deterioration, and' dedication ~of 10.0%:of the gas
8 tax to .street maintenance. He suggested to Council that to enhance: fhe
9 measure's: chance of''passing, they pledge 100% of the VLF revenue specifically
10 to street maintenance as that. would meet the recommendation of ,the
it committee and allow the City to make streets its # 1 priority. He hought it,
12 "Interesting to be criticized during Public. Comrnenfi .for no# allowing Public
13 Comment.'' He s't_ated that when the majority of Council decides on an action,.
14 the entire Council, should embrace it.
16 Council Member Healy reminded Council that Council Member Moynihan had:
17 consistently pushed for cuts in City expenditures,: which would have resulted in
18 layoffs in Public .Safety .and the c osing of ..one fire station. He- believes the
19 community would find that unacceptable.'The City"s General Fund services are
20 .dependent on gas tax and VLF' revenues. He described the cut backs necessary '
21 to achieve what; Council Member Moynihan suggested as "very draconian.'''
22
23 He thanked .Mark Albertson for speaking tonight. Regarding the proposed :utility..
24 tax, preliminary estimates were that about 2/3 of the tax would be paid; by
25 businesses. Low-income families, ~inclu.ding seniors, would be exempted.
26 Regarding the potential casino in Rohnert Park and fhe: traffic it would cause, he
27 noted that continuation of 'the widening of Highway 101 would be,delayed even
28 longer than Mr. Worthington had suggested. He would be willing to discuss the
29 issue of the casino in Rohn_ert Park again ogee Council had an indication. of what
30 the developers were willing to put. into fhe freeway widening ~- which he didn't'
31 think would be: much.
32
33 Council Member Torliatt thought it unfortunate Council .did not take action on a
34 resolution for the City Manager and Mayor to participate in discussions with: the
35 developers if the casino is to 'be built in Rohne.rf Park.. The casino would have a
36 major ,impact on Petaluma.. Regarding Mr. Hanania's questions on the RV
37 parking issue; those. will be .answered when Council receives. a memo from the
38 City Manager and decides whether "to reagendize the issue or not. Reg'arding~
39 the cuts Council Member Moynihan. proposed, and,. commifting 1:.00% of fhe VLF
40 to street maintenance,. 'she echoed Council Member Healy''s comments, and
41 added that she hoped when Council considers increasing development impact .
42 fees and instituting housing linkage fees; that fhey are. increased as ~much° as
43 possible. She attended the Senior. Volunteer Appreciation Luncheon. at Adobe
4.4 Creek. An award was given to volunteer Bill 5tudwell, "a wonderful, heart-
4.5 warming man whom everyone appreciates."
47 Mayor Glass announced that he would be traveling 'to Washington, D.C. with'
48 Director of Economic Development and Redevelopment: Paul Marangella for
September 8, 2003 Vol. 39;'Pdge 1;55.
1 what he hopes will.. be their last trip to secure the final $7.3 million. needed to
2 complete fhe flood control project. Previous trips laid the groundwork. Regarding
3 the proposed utility tax, he explained that this tax is needed to enable the City to
4 correct a 30-year-old problem ofi rieg'lecting fhe sfreets: He pointed out that T50
5 communities in California have a utility tax. Regarding previous Council
6 comment on suggested budget cuts that would result in firefighter layoffs; h~e
7 noted that the City's firefighters are also its paramedics and provide vital services
8' to the cornmunify. "No matter how yoo cut it," he concluded, there are the
9 same services needed and the same amount of revenue available. "It's fair and
10 it's time" for a utility~tax in this community..
11
12 Council Member Canevaro announced that on August 27t", a home on Rocca
13 Drive qnd Payran Street was rehabilitated. Vice Mayor O'Brien went to local
14 businesses for donations of materials dnd equipment, and members of Council
15 Member Canevaro's Marine Corps unit provided labor to rehabilitate the house
ib and landscaping.
17
18 Council Member .Moynihan asked to clarify that it was former City Manager
19 Stouder who proposed laying off .Police and Fire employees as a cosf-cutting
ZO measure.
21
22 PROCLAMATI'O'IVS~/PRESENTATIONS
23
24 s• Proclamation. Celebrating Petaluma Ecumenical Property, Inc.'s 25th
25 Anniversary of service to the community.
26
27 Council NCember .Healy presented to Vera Cigmmetti, PEP Executive
28 Director. Ms. Ciammetti thanked Council, .and. said that two people have
29 made PEP what it is today, along with the City: Reverend Timothy Kellgren,
30 and Dick Lieb. She announced that on Friday, September 12', ground.
31 would; be .broken for the Cieb Senior Apartments. She thanked Housing
32 Administrator Bonne Gaebler for being a relentless advocate for housing.
3'3 ' _
34 Majida Gibson, PEP Direr#or of Community Relations and Fundraising;.
3'5 extended an invitation to the entire community to join. PEP from 5:00-7:00,
36 p.m. on September 12t" for the .celebration, wflich will include gourmet
3,7 food and wine. Businesses: and non-profits. were so generous that
'3'8 everything was paid for, which meant that 100% of the ticket proceeds
3.9 would' go directly to PEP's housing fund.
40
41 S. NEW BUSINESS
_ 42
43 A: .Discussion and Possible Direction Regarding Mobilehome Issues.
44 Including .But Not Limited to (1) Petaluma Mobilehome Space Rent
45 Stabilization Program (2) Lot Line Adjustments (3) Regulation and
46 Inspections of Mobilehome Parks. (4) Acquisition of Mobilehome
47 Parks (5) .Mobilehome Rental Assistance (6) Mobilehome Park
Vol. 39, Page 156
September 8, 2003
1 Zoning (7) Mobilehome Conversion Ordinance. (8) Notices =to
2 "Tenants to Be" per`City Ordinance (9) Leases. (Rudna,nsky)
3
4 Richard Rudnansky, '!City Attorney, noted. -the ifem was originally
5 scheduled for July but was put over to thin date at the request of
b Sandalwood residents;. The goal was fo provide residents and. park
7 owners with a forum. to raise, issues unique to mobile:home living.
$ 'Staff had provided. a memo that a'ddressed,some of #hese issues...
9
10 Mayor Glass announced that Pu;b`lie Comment would. be heard
11 first, after which Council and staff could address the concerns
12 raised.
14 Council Member Torliatt didn't fhink everyone. present had seen the.
15 staff report and might no be aware of all the issues.
16
17 Mr. Rudnansky briefly ::listed., fhe topics from -thee staff report, which
18 included a background on mobilehomes, history of the conflie~t,
19 pecfically rent' control, over the last 25 `years, a brief discussion of
20 the program here. 'in Petaluma, lot line adjustments, inspection ofi
21 mobilehome parks, eminent do:main,. purchase of mobilehorne
22 parks, the County's. rental. assistance. program, mobilehome park
23 zoning, particularly in Petaluma; mo_ bileh~me park- conversion
24 ordinancesadopted by some communities., and penalties la'id' ou:t
25 in the City's ordinance.
Mayor Glgss~ noted. Council was well. briefed ~n these :issues.
PUBLIC COMMENT
Bill Donahue, Petaluma, President of Sandalwood's Golden State
Mobilehome Owners League, and Chairman of ;the Citizens Action
. _ ~ ..
League Cornrnittee, noted that fhe sub~eet matter o:f tonight`s
.agenda affected.. the welfare and roofs; over the heads of people
living in parks. August 200;1 saw' the introduction to 'mobileh'ome.
residents of` park- owners whose goals wire to eliminate 'the.
con traints of the; rent stabilization; progra_ rn. Th:eir efforts could lead
to extreme increases in' mobilehome space rents:.
40 He described the current Rent Stabilization Ordinance as "flawed."
41 He expressed concern with fhe choice of arbitrators. Other
42 communities have adopted programs providing a choice of three
43 arbitrators.. He .noted that back=to-back. arbitrations exhaust
44 cnob'ilehome owners and their funds, The average mobilehome
45 resident is low income and` cannot afford these kinds of expenses.
46 Without financial assistance from this and othher communities, they
47 we would not be able. to stand up and defend 'themselves. He
48 stressed the need for the ordinance to''be brc>ught up to date,, acid
September8, 2003
dol. 39; `Page. T:57
1 to include all Petaluma parks. Proper zoning of parks would mean
2 they could b~e made to comply with.State hearth and. safety laws.
3 Additionally, the General Plan needed some adjustmenfs.
4
5 He reported an alarming trend in Sandalwood, which, he predicted
6 would happen. in other parks, too: sidewalks were being removed,
7 streets. narrowed, anal lot lines infringed upon so that park owners
8 could install more and bigger mobilehomes. The State appears
9 unwilling, or unable to enforce the laws. He expressed hope that
10 local government can work with the State to ensure this happens:
11
12 Marv Rochetti, Petaluma, "cosigned" the statement of Mr.
13 Donahue.
14
15 Ron Kinyon, Petaluma, explained that some landowners buy
16 mobilehomes using someone else's name, and rent them. out for an
17 "obscene" amount. The tenants renting the units are told to "keep
18 their mouths shut about .how much they're paying and who owns
19 the unit." Mobilehome Residency Law (MRL) -Chapter 2.5 of the
20 California Civil Code -states, "a tenant must own the unit while in
21 the park." .Landowners make a fortune doing. this. He expects to
22 receive documentation this year from the .Petaluma Rent Board of
23 every unit rented, with the owner's name and the drnount~of resit`.
24 W.h`en his research .reveals a connection between the owner of
25 record of a unit and the landowners, there will be the possibility" of
26 prosecution by the City and the State.
27
28 Jean Phillips,, Petaluma, Regional Manager for Golden State ~:
29 Manufactured Home Owners, stated that people who do not live in.
30 mobilehome parks don't understand the original intent of such
31 parks. Most started late 60's and early 70's. They were designed as-
32 retirement ;residences. for seniors. The majority of resides s in
33 rnobilehomes throughout state are seniors. She has worked toward
34 the welfare of mobilehome residents for over 30 years. Seniors
35 moved. intentionally from conventio"sal homes so they could
36 maintain independence. Greedy park. owhers, or in this ease;.
37 leaseholders, who came -into the park with intention of doubling
38 rents, have forced a number of residents to leave the park. She has
39 seen recommendations of S. Joseph Smith, Attorney ,for the: -
40 Sandalwood Residents, and thinks they are well written and we`ll
41 thought out..
42
43 Albd Silva, Petaluma, ceded her time to Edna May Campanile.
44
45 .Edna May Campanile, Petaluma, spoke on behalf of all
46 mobilehome parks in Petaluma. The permit and inspection process
47 for new homes in Petaluma ensures that the City is able to enforce
48 codes and is aware of increased impact on sewer, water, fire, and,
Vol. 39, Page 1S8
September 8, 2003
1 police. However,. the City does not regulate this process for homes
2 inside mobilehorne parks. She asked Council if they were aware of
3 what was 'taking p'Lace in :the City's seven mob,ilehome parks. The
4 Fire 'pepartment cannot inspect the parks, yet they must respond
5 to calls down dark, winding streets, which have been narrowed so
6 that .more units could. `be placed in, the park, She referred to alist of
7 ,cities and counties in California who have assumed the inspection
8 duties formerly :carried out by the Stafe..Sonorna County is not on
9 fhat list. Cities throughout .the State have assumed inspection. duties
10 due to State :budget cuts. The Staf'e' enforcement program
it appears very .neglected.:. She: believes- the .City must gain some
12 jurisd_i_ction over the parks,. Without proper `inspection, they will
13 become "trailer parks;"'inhabited b,y "trailer trash."
14
15 Janice.Cadec-Thompson, Petaluma, ceded her time.
16
17 Refer Campanile; Petaluma, ceded. his fime to Edna. Nlae
18 Campanile.
19
20 Jerry- Roth, Petaluma,. ceded his time. to Betty Mazzucchi.
,
21
22 Betty,Mdzzucchi, ~Pefaluma; thought it should be "unco:nsfi~fiu.tio`nal'`
23 -for park owners, to be able to dictate to homeowners the price for
~
24 which they can sell their homes, and': to expect elderly residents to
25 sign twenfy=year leases„ These I:eases protect the park. owners from„
26 the 'mobile.home rent control ordinance: Even if the home is sold,
27 the home is still under the twenty-year lease, and''the. buyer will not
28 _ be protected by the City's ordinance.. Park owners hque stated
29 ~ ~ fhat they do not want the mobile home rent stabilization ordinance
30 in the park, and that those residents who will not sign a fwenty-year
31 leasewill betaken to arbitration uh#il they helve to sign the lea e.
32 '
33 _
She. also told Gouneil that mobilehomes: are being placed on lots
34 That are much too small. Sidewalks, are k~eing removed, and
35 residents asked to give up footage of their property- t:o
36 accommodate these new .homes: An inspector told her..- that he
37 ~ would,~have to pay him $60. per 'h"our to do 'inspe.ctions. She .asked
~
38 ~ Councif toatand b:ehi
n'd the ordinance.
39
40 - Deirdre Sharett; Petaluma, stated that the ordinance: gives
41 mobilehome owners a choice of signing atwenty-Yeas-lease or
42 being "dragged ahrough hell" by park owners until` they have, no
43 more choice. She believes the goal of the park owners association
44 is to destroy rent control. She asked Council to help, "The most
45 vulnerable of your citizens;. those most in need of protection from
46 those who: would prey o'n them.'"
September°8,..2003 vol. 39i Page. 159
1 Ruth Rawls; Petaluma, resides iri one of the older, homes that the
2 new' park owners refer to gs "tin cans." S.he..`reported that a new
3 triple-wide unit was broughf into the park that ;is much too large for
4 its lot. The lot line was changed ~to accommodate: it, and three qr
5 four feet cut out' ,of,-the cul'-de-sac. She noted restrictions on the.
6 percentage of lofs the homes ore supposed ~to cover and said
7 these were being ignored. She asked° if the City was concerned
8 with the safety of.fhe residents.
9 ,
10 Clare AAenezes, Petaluma; spoke regarding her experience with lot
11 lines when the park owners were trying fo fit atriple-wide on a
12 double-wide lot, Management asked if they could take two feet
13 (and hedge):. She asked who enforced lot lines and where
14 residents can find. an advocate for their rights. Unless answers are:
15 forthcoming from the City, the residents will be at fhe mercy of the
16 park owners.
17
18 Milo Lawson, Petaluma, said he received a copy of the 100 page
19 City of Petaluma memorandum and attachments Council:
20 received in Their packets read it, and said, " Welcome back fo
21 square one." He noticed the memo states "Bill Donahue was the
22 only person to complain." He clarified that Mr. Donahue was
23 chosen as their spokesperson.
24
25 Len Carlson; Rohnert Park, said Council's action in Petaluma would
26 affect parks in other cities. He described- Rohnert Park's rent
27 stabilization ordinance as "tried and true." Park owners have tried
28 in many ways to beat Rohnert Park's. ordinance. He advised
29 Council to review Rohnert Park's Ordinance 494.
30
31 Glen Brunner, Sonoma, Paralegal and Recently Retired. President: of
32 Sonoma County Mobilehome Owners Association, referred to read
33 excerpts from the memo and attachments Council received in
34 their packets, which he thou,ghf unfairly blamed mobilehome
35 owners for necessitating mobilehome rent stabilization.
36 .
37 City Attorney Richard Rudngnsky explained fhe differences _
38 between ownership of mobilehomes and ownership of real estate.
3.9
4.0 Robert Fleak, Associate Regional_Manager of Golden State. Mobile
41 Home Owners, stated that Petaluma, ''does have one of th`e.
42 weakest ordinances,. and Rohnert Park has one of the Strongest'."
43 He did not want Petaluma's mobilehome residents to become
44 "forgotten ci izens."~
45
46 Diane Reilly Torres, Petaluma, expressed support for mobilehome
47 owners in all seven parks in ,Petaluma. She 'encouraged Council fo
Vol. 39, Page 160
September 8, 2003
1 do whatever possible to help, and;,ifi not within.. Council''s power; to
2 seek help els,ewhere.,
3 ,,
4 Council took o break :from 9:10 9i 21, p, m.
5
6 ~ COUPVCLLQl1ESTIONS FORSTAFF -
~ _ -
8 Council Member.' Torliatt asked Community neve_ opment Director
9 Mike Moore if,. were: the Cit.y~ to take over inspections of
10 ~ rnobilehome parks, could the City collect hook-up fees for any of
it the new mobilehomes being brought into the;:parks.
12
13 Mr. Moore responded that this would no,t be possible;;: the City
14 .could only chdrge f_he sgme fees that the: State requires. be
15 charged T,,he City, would not 'b.e able to .increase or de'c- cease "the
16 fees or chq_rge. on a cosf recovery'basis.
17
18 Council ,Member Torliatt pointed out that it would not necessarily
19 be '"revenue generating" f.or fhe City to take over the inspections.
20 Noting comments GounciV had heard from. the public about th_e
21 size of homes, .lot coverage, lot sefbacks, etc.,: sheasked Mr. Moore
22 what restrictions the City could pint in place:.
AAr. Moore replied' that in this case, too, the City could only require
what the State required, He explained: thaw a "lo.t'` in a mobilehome
.park is not the same .as a ' egal aot of record. in a; .conventional
development. He cguJd not: find anything in his research that
limited lots to being oc,cupie:d by ,single-wi<~e, units; double-wide
units; etc., :but mobilehomes are, aliowed, to cover 'no more than
75~ of the lot.
Council Member T.orlgtt continued that she would like staff to fook
into what power the City might or might not have over- iot
coverage a_nd the size of homes. S.he asked if there were any
limitations to the number of mobilehomes allowed. in a park, and if
the exisfing homes could. be squeezed together to create
additional ,lots. _
38
39 Mr. Moore: explained that State regulations contdin some
40 separation requirements. , beaween units,. The park owners or
41 installers of the unit have to get a permit from the State
- g •; Y ,
42 ~ Department' of HOusiri and Communit Development (HCD),,. As
43 part of that permit process,. they"',must submit a plot plan that is
44 signed offi by the, park owners:. to ensure that the :I'ot can
45 accommo'date° 'that unit.. That unit' wou d then be installed, and
46 then.,inspected: At some point, the. 'ark would reach a point where
September 8, 2003 ~ vol. 39, Page 16a
1 they could no: longer add units• and still meet the various separation
2 and coverage requirements in State law.
3
4 Council Member Moynihan clarified that what was happening at
5 Sandalwood was not additional units being added but larger units
6 replacing smaller units.
7
8 Council Member Torliatt understood, but asked what control the
9 City might have over addit'i~onal -units being,. placed in parks,
10 because of the impacts dssociated with creating higher density
11 situations. She added that since several people touted Rohnert
12 ..~
Park's ordinance, particularly regarding conversion, it would be
13 helpful to know what the differences are between: Petaluma`s anal
14 Rohnert Park's.
15
16 City Attorney Rudnansky replied that Petaluma. does not have a
17 conversion ordinance, and agreed that Rohnert Park's ordinance
1$ should be reviewed.
19
20 Council Member Torliatt voiced support for putting zoning in place
21 on existing mobilehome parks in the co;mmunity. She has heard
22 from mobilehome owners that having that part of the General.Plan
23 process would be sufficient. She mentioned that Mr. Donahue had
24 brought up proper implementation of Ordinance 1072.
25
26 Mr. Moore explained that Ordinance 1072 is the entire Zoning
27 Ordinance. This does include a Mobilehome Park Zoning District
28 and accompa .Hying regulations; however, the .development
29 standards that are part of that section of the Zoning Ordinance are
30 "prospective," in that they could only be applied to the
31 development of a new mobilehome park. They cio not apply to the
32 regulation of development within the existing parks, where Stdte
33 law preempts the City. The language is very clear in the Ordinance.
34
35 Council Member Torliatt expressed concern about that streets
36 could be made too narrow for emergency vehicles.
37
38 Mr. Moore responded that the State does apply ,minimum roadway
39 width standards to mobilehome parks. 'If there are issues regarding
40 this, they must be taken up with HCD, unless the City takes over the
41 inspection process. Even in that case, the State standards would be
42 applied, not the City's standards.
43
44 Mayor Glass asked if the Zoning Ordinance was changed during
45 the General Plan update process, would the City then have more
46 control in existing mobilehome parks, or would the City's lack of
47 control exist into perpetuity.
48
vol. 39, Page 162
September 8, 2003
1 Mr., AAoore replied ,that changing the zoning would ~sirn.ply recognize
2 the ;existing use as a mobilehome park,
3
4 Council Member Torliatt added that this would add another layer a
5 mobilehome .park owner would. have to go through in order to
6 convert the property to another use. .
7
8 Council Member Moynihan asked; ..regarding an overlay, if' fhat
9 would be in the General Plan land use map or an overlay i'n '-the
10 Zoni.ng;, q'rdinance, ~ .
11
12 Allr. ~AAoore explained that all the mobilehome parks currently in the:
13 City's General Plan have a Residential ~ Land Use Designation -
14 either Urban.High' or Urban Diversified. The definition of those
15 categories: is very broad; it do:esn't preclude mobileho~naes, but ,it
16 does.. designate them as` residential types of uses. State aw takes.
17 that further;. and says .residentially designated land that contains: a.
18 mobilehome park is a permitted use, regardless of the zoning'. Qur
19 current zoning regulations are inconsistent wi~h our General Plan, in
20 that all. but two of the parks are. technically non-conforming,. but
21 State law recog:n_zes them as being permitted uses because the
22 General Plan already identifies them as residential.
23
24 Council Member Moynihan. asked..'for confirmation that by adding
25 an overlay on the General Plan land-use designation, Arid
26 specifying the properties as mobilehome parks, park' owners would
27 be prevented from converting to another land use.
28
29 Mr. Moore ,.replied that thought there: was no certg,inty, having, _a
30 consistent General ,Plan.. land 'use and Zoning Ordinance would at
31 feast make'it clear what the City's intention was.
32
33 Council Member Moynihan continued that to provide additional
34 protection, fhe City could -add a General Flan overlay land use
35 designation specifying that .they remain mobilehome parks.
36 . , -
37 He. noted 'that vacancy control seemed to be an ''issue "nedr and
38 dear to the hearts" of park. owners. They would like. to see aIJ the
39 mobilehome owners on teases so they .don't have to deal with the
40 vacdncy control "provisio.ns, which he understood basically :meant
,.
41 that a purchaser~of a mobilehome would also continue with the
42 existingspace .rent,:. He asked the City Attorney if there was any
43 way to provide protection for vacancy control in a lease format.
45 Mr: Rudnansky clarified that' under State law, mobilehome owners
46 _ wh:o sign long=term leases are outside. 'the control of the renf
47 ~stabiliza~tfon ordinance. ~ .
48 -
September 8, 2003 Vol. 39, Page 163
l Council Member Moynihan summarized that the terms and
2 conditions of the lease: would determine how renf would. be
3 controlled or increased that would prevail. He sees vacancy
4 control as a key issue that creates inherent conflict between
5 homeowners and park owners. He wondered if there were other
6 ways to provide 'protection to the tenants. He, Councilmember
7 Healy, City .Manager Bierman, and Housing Administrator Gaebler
8 met several times as a kind of subcommittee to gather information
9 about possible ways of resolving these issues. He thought the City's
10 reason for getting involved was to encourage the parties to work
11 out differences. Council's motivation is to protect seniors in the
12 community; anal to .protect the City, and hopes Council can
13 continue to work in a positive direction to explore ways to provide.
14 protection for seniors in addition to preserving the rent control
15 ordinance.
16
17 Council Member Healy risked, regarding, conversion or closure of
18 mobilehome parks, what .State law requires and what a potential
19 ~ City ordinance on that subject would accomplish.
20
21 Mr. Moore explained that State law requires that the applicant
22 contemplating closing a park or changing its use submit a report,
23 and establishes a notification procedure to allow public hearing,. of
24 the information. in the report, which gives the City the opportunity
25 _ to apply some conditions to 'terms of closure or discontinuance that
26 are designed to protect-the residents.
27
28 Council Member Healy would like more detailed information on
29 that in terms of how much authority the State conveys upon the
30 City. He asked Mr. Moore how many cities have taken over the
31 inspection process,-
3'2
33 Mr. Moore stated that in Sonoma County, only Sebastopol has
34 done so, although other cities in Galifo.rnia have always done the
35 inspections.
36
37 Council Member Healy said he. would be open to .looking into that
38 if it would be beneficial in terms of new, larger units coming in. That
39 may not be the primary issue, but it's. certainly a quality-of-life issue.
40 If the State is not able to do an effective job, given. their resource
41 constraints and coverage issues, Council.. should discuss the
42 possibility of taking over the process. The financial implications
43 ~ would have to be explored, given. that the fees are capped at the
44 State level.
45
46 Mr. Moore added that the City has some similar resource issues that
47 should be presented to Council.
48
Vol. 39, Page 164
September 8, 2003
1 Council Member H:ealy 'understood ,that the. current City rent
2 control ordinance for mobi_lehom"es is immune :to "facial attack,"
3 but if amended, it wou d not.be immune..
4
5 Mr. Rudnansky said it would depend . on the extent of th
e
b .
arnendmen"t Ariy change ~woul;d probably result in the park owners
7 initiating ;litigation; wh"ether- it would be a successful. attack is
8 questiondbLe.
9
10 Council_ Member Healy noted reference was made fo a court
11 decision upholding; Rohner-t' Pdrk's Ordinance 494. Ifi that was a
12 published.or appellate decision, it might hau,,e precede'ntial value..,
"
13
14 Council Member,Moynihan asked if ordinances including vacancy
15 control are more likely to be cha lenged , by park owner
16 associations.
17
18 Mr. Rudnansky described vacancy as a major issue-,over the: years
19 and. somefhing that "is particularly on the radar screen of park
20 °owners associations."
21
22 Council Member Moynihan asked what the impact would be if if
23 was successfully challenged.
24
25 11Ar. Rudnansky explained that the ordinance could be remanded
26 ~ back-.with an order to change it.
27
28 Council' Member Healy saw this as an "extraordinarily frustra-.ting
29 situation. No citizen deserves this .kind of treatment in his or h:er
30 `.golden years'." The stress and uncertainty' that having t:o go
31 through this kind .of process :month after monfh .places on seniors is
32 ;grossly unfair. He, would support "looking at possible amendments to
33 fhe existing ordinance. Mr. Brunne;r's memo: mentioned the
34 possibility of h'a,ving a choice oft arbitrators:: "This could avoid the
35 situation that occurred Phis past year, He asked staff if i;t would be
36 possible to go to rent periods of more than oi~e year so this process
37 does not repeat itself every single year:, He would like to consider
38 something like 'the. "single assignment" system -the same arbitrator
39 would get any additional arbitration for a particular rnobilehome
40 park. If the Rohnert Park decision was published and provided.
41 some precedenfal value, he would like to look carefully at fheir
42 Ordinance ;494. and what have been. described as its stronger
43 provisions. He would be willing to have staff look at the possibilify~of
44 take over ihspection and compliance and return to Council with a
45 report. H:e would like more information, before diving ',into the ;issue
46 of overlay zoning or a conversion ordinance; pecif,ically, what-
47 autho"rift' "the City has with respect to State law.
48
September.8, 2003 Vol. 39; Page i65
1 Council Member Canevaro asked if the City has .looked at the
2 public safety concerns raised by park residents.
3
4 Mr. Moore replied that he spoke to ,Fire Marshal Mike Girn
5 regarding this issue. That department is under the same limitations
6 as the rest of the City. The State regulations apply in these parks,
7 and many parks were built before current fire codes were in place.
8 Any improvements to the system would probably be at the owner's
9 expense.
10
11 Council Member Canevaro asked if there was any precedent for
12 the City going in as a matter of public safety and using. the City's
13 Police power and tell they must stop [removing .sidewalks,
14 narrowing streets] until someone comes in and checks lot lines or
15 space for safety and security.
16
17 Mr. Rudnansky thought there might be some possibility of injunctive
18 relief' based on alleged violations of safety regulations.
19
20 Council Member Canevaro. would like to look .into that possibility to
21 provide mobilehome .residents with some "breathing room" while
22 there is review of the Legal process. If asked if the City were 'to
23 adopt the R:ohnertPark ordinance, it would be open to litigation.
24
25 Mr: Rudnansky reiterated that if the Rohnerf Park ordinance court
26 decision was publishes, that decision could be used to back the
27 City up in any arbitration. If not, it won't have any precedential
28 value.
29
30 Council Member Canevaro asked Mr. Moore if it would be possible
31 in the near term to contracf for inspection service until the City
32 could hire a full time inspector.
33
34 Mr. Moore responded that it had .not been budgeted for. The City's
35 current inspectors are not familiar with the particular regulations
36 that apply to mobilehome parks. The City -would have to find out if
37 there are any inspectors available on a contract basis with that
38 knowledge, and what the cost would be to do that.
39
40 Council Member Harris though the general issue was "cut and
41 .dried": protection of seniors and residents in mobilehome. parks,
42 and keep mobilehome parks affordable. He agreed with the need
43 to look at zoning, plus the potential of a General Plan overlay. "If
44 -the State can't bring us a budget on time so how could we expect
45 them to do this?" He believes it is time for Council to look at taking
46 over this process and review the costs. He would like aside-by-side
47 review of Petaluma's anal Rohnert Park's ordinances. He would like
Vol. 39, Page 166
September 8, 2003
1 to hear more about the possibility of State funds being available-:for
2 extra inspections. .
3 _
4 Mayor Glass agreed with Council Members Healy, Torliatt,
5 Canevaro, and Harris. He was in favor oi= having a choice of
6 arbiters; and a single assignment .system for arbiters. He liked. the
7 idea of exfending the rent control periods; if p.ossibLe. He would like
8 to I:ook into Rohnert Park' ordinance. He thought there: was a
9 misconception on what ,f means for these. rnbbilehome owners to
10 have the ability to sell. their homes. The ordinance, as written, is
11 designed fo, "prevent extensive or exploifive rent ,increases upon.
12 the transfer of a mobilehome on site ,to a new owner, while at 'the
13 .same time providing a process whereby fihe rno,bilehome park
14 owners are .assured a fair and reasonable rate of return:" That"s in
15 there- .because of an older law That simply ,guara~riteed the park
16 owners a fair and reasonable rate of return. Legally, the
17 mobilehome owners; at -their level of income ands net worth, qualify
18 as "unsophisticated investors." That would mean a broker would.
19 have the fiduciary responsibi_Ity to protect the. mobilehome owner,
20 whereas' he or she would not have. the. same respohsibility to
21 protect large-scale investors:. He believes the purpose. of the 1994
22 ordinance. was to give the seniors and. "'unsc?phstica.ted; investors."
23 assurances. The value of a resident''s mobilehome may constitute
24 the 'bulk of his or her estate if' they dre headed to, for example,
25 assisted living. He would. like to see if` if is passible to preserve the
26 "value of the mobilehome,, as he believes it is :fundamental:. He
27 strongly agrees with maintaining mobilehome owners' right to resell
28 fhe.r homes, as it is the only way they .are: goi'ig to get a fair rate of
29 return on their investment.
31 Council Member Torlia`tt .agreed with the other Council Members°
32 comments: One issue that Council. Member Moy,:nihan .raised was
33 trying to ..craft a lease; per se, for mobilehome residents, What
34 concerns. her most about that is`the vacancy control issue,; plus. fhe
35 fact ghat the rent stabilization ordinance to"s.es power if'the "critical
36 .mass of residen s" sign. the long-term. leases. Residents ..should not
37 sign leases- with which they .are not comfortable, and under which.
38 they will not realize a return on their investment. _Mr. Donahue said
39 many residents'' leases are expiring. Could th:e City determine who.
40 these residents are,- and send them, informq,tion about the rent
41 stabilization ordinance:?~ She thought it important for them to be
42 made aware that when their ,leases. expire, they aren't obligated to
43 sig. n dtwenty-year lease.
44
45 Mr. Donahue .responded that th'e park owners obviously k"new
46 whose I'e~ases were expiring. He was; trying to find out, in order to
47 educate people regarding. their rights. He f;h;ought there could be
48 as' many as 80 or 9.0 sites. with soon to exp,ire'leases.
September'8, 2003 Vol. 39, Page l67
1
2 Couhcil Member T;orliatt_asked if staff could, on a.yearly basis, let
3 residents whose ;leases are expiring kr`ow about ~ the rent
4 stabilization ordinance. :
5
6 Ms. Gaebler offered to call the mobilehome parks and arrange to
7 review every lease.
8
9 Council Member Torliatt added that residents should also receive
10 something from the City in the mdil. She emphasized fhe
11 importance of educating ALL residents. She thought the best=ease
12 scenario would be if the park owners allowed the residents who are
13 - .under the rent control ordinance to continue to live in the pdrk in
14 -the peace and quiet they had until it is time for them to move fo a
15 different situation, at which time they should realize a return on their
16 'investment. She told the mobileh:orne, .owners she thoughf it
17 unfortunate that pdrk owners had chosen to put them through,
18 what they have., She ~ hoped no other park owners in the
19 community did-the same.
20
21 Council Member Moynihan noted that the Sandalwood lease form
22 indicates in the first paragraph that those signing will be exempt
23 from any City ordinance, etc., which establishes a maximum
24 amount that a landlord may charge a tenant for rent. He believes'
25 fhdt as long as there ar.e rents in Sandalwood that are below
26 market rents in other parks, the park owners will continue to pursue
27 arbitration. Sandalwood's owners have allowed residents who
28 cannot afford increases to go on long-term rent at the prevailing
29 amount. There are people who cannot afford the stress of the
30 litigation/arbitration process or the increases. As a result, they
31 "succumb" to avoid that and sign a lease. He thought it made
32 sense in some cases. He recommended that in addition to
33 strengthening the ordinance, if possible, Council find a way to
34 incorporate some of the provisions of the ordinance into the long-
35 term leases. Tenants have only two ways to protect themselves: the
3`6 ordinance, or the lease form. He would like to see a simpler lease
37 form .developed. If the City were able to help create a lease form
38 that was more favorable to the tenants, that would be providing a
3`9 service to the tenants in the part, if they- wished to sign it. He does
4b not subscribe to the idea of mobilehome owners giving up any
41 value in their homes, or to the idea of eliminating vacancy control..
42 .
43 City Manager Bierman summarized that staff will come back to
44 _ ~ Council with information about the possibility of the City taking over
4'5 the mobilehome park. inspections, including what regulations the
4b City would have to follow, what the financial impacts would be,
47 and which inspections would be included. He believes that during;
4$ the Generdl Plan update the mobilehome ,parks should. be
Vol. 39, Page 168 September 8, 2003
1 rezoned, as opposed to doing 'an overlay. Staff will. compare
2 P,efafurnd`s ordinance with Rohrect Park's dnd look for ways the
3 ordinance can be strengthened, and will determine if the City can
4 use Police powers t~o top some ofi the things tha'f are going an in
5 fhe mabilehame parks.:.
6 _~
7 Mayor Glass tharke,d everyone for a long,, hard night:.
8
9
10 ADJOURN: The meeting was 'adjourned; 10:2:1 p.m.
11
12
13
14 ..
15 -
16
17 avid Gldss, Mayor
18
19 ATTEST:
20
21
22
24 r
25 Claire Coa,per, Deputy Gi Clerk
'2~6
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28
29 **_**~