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HomeMy WebLinkAboutCity Council Minutes 08/04/2003August 4, 2003 Vol. 39 Page 69 ~Sp'LU a . ~ ~ ~ Cif of'Petaluma, C'alifo~na REGULAR MEETING OF THE P~ETALUMA CITY COUNC9L ~85,g City Council Minutes Monday-; August 4, 2003 - 2:00 P.AII. Regular Meeting .2:00 P.NI. -CITY COUNCIL'CL'OSED SESSION 1 CALL TO ORDER' 2 3 A. Roll Cdll 4 5 Present: Members Harris, Canevaro, Healy, O'Brien, Mayor Glass, 6 Torliatt, Moynihan 7 8 PUBLIC COMMENT 9 10 Gerold' AAoore, '.Petaluma, addressed the City Council regarding negotiations for 11 the purchase of Petaluma Poultry, thanked the Council for their efforts, and 12 encouraged fhem to move forward with the purchase. 13 14 Bob Dyer, Petaluma, addressed the City Council regarding Shollenberger Park. 15 and urged Council to move forward with the negotiations regarding the 16 expansion of that park. 17 18 Dr. John Shribbs, Petaluma, addressed the City Council regarding student access 19 to Shollenberger Park for educational purposes and encouraged Council 20 support for fhe expansion ofithe park. . 21 22 Bill Donahue, Petaluma, addressed the City Council regarding the. Sandalwood 23 Mobile .Home Park lawsuit and urged. the Council to stand by the City''s 24 ordinance. . 25 26 ADJOURN TO CLOSED SESSION -The Council adjourned to Closed Session at 2;12 27 p.m. 28 29 CO,IVFERENCE WITH LABOR NEGOTIATOR; Government Code §54957.6. 30 Agency Negotiator: Michael Bierman. Employee Organizations: AFSCME 31 and Unrepresented Groups 32 Vol. 39, Page 70 August 4, 2003 1 CONFERENCE WITH LEG"AL COUNSEL-EXISTING LITIGATION; Pursuant to 2 Government Code ;§54.956:9 -Sandalwood Est:at;es v . City of Petaluma 3 (Sonoma County Superior Court Case No. 2304T;4) 4 5 • CONFERENCE WITH .REAL PROPERTY fVEGOTIATOR Pursuant to Government 6 Code §5495b.8: "Property: Two P'a:rcels .Located on the 4000 Block of Lakeville 7 Highway (APNs 017-1,70-002 and 068-010-026').. One Parcel LocatedSoufhwest 8 of the City's Oxidation. Ponds (APN 019-330-009). A Small Portion of. O,ne 9 Parcel Located at 3880 Cypress Qriv.e (APN 005-Q90-062). Ne.go,tiatirg Party: 10 Michael Bierman/Michael Ban. Under Negotiation: Price, Terms or Payment, it or Both. 12 13 14 AFTERNOON 'S:ESS'ION - 3:00 PNA. 15 16 A. CALL TO ORDER 17 18 Roll Call ` 19 20 Present: Members Canevaro, Harris,, Hedly, Moynihan, O'Brie'n, Torliatt 21 and Mayor Glass 22 23 B. Pledge of Allegiance The meeting was convened in the memory of Robert Arni~ld Brunner, former,Ci;ty Council Member and Vice Mayor of Petaluma: 28 REPORT OUT OF CiOSED SESSION ACTIONS TAKEN -There: was no reporfable 29 action taken.. 30 31 PUBLIC COMMENT. 32 3'3 John Hanania, Pefaluma, addressed the City Council rEgarding concerns with 34 the proposed 72=hour 'parking ordinance and indicated his displeasure that this 35 item is being discussed in the afternoon and. not during the evening sessi'on,, He 36 also noted: that his personal ear was. tagged and he feels he is being singled out 37 for having brought the abandoned-vehicle issue to~the Council's attention. 38 COUNCIL COMAAENT 39 40 Council Member Torliatt commented on 'the Water .Advisory Committee meeting 41 where a discussion fook place regarding fhe letter the Water Advisory 42 Committee wanted to send. to the. Sonoma Countq G~_nerdl Plan .Draft 'Water 43 Resources 'Element Team for input: She .noted at the me_ eting she raised' some. 44 issues that she di'dn't Think. were appropriate in the draft 1et;ter: She noted her 45 concerns were specifically the groundwater issues that the Sonoma C'.ounty 46 General Plan was dddressing. The WAC, or at Leasf some of its memb;ers> is August 4, 2003 .vol. 39 Page 71: 1 opposed to the fact that th:e proposdl for the Generdl Pldn is not to use 2 groundwater to manage it more properly and groundwater' is one. of fheir 3 primary .potable water. sources. The City of Santa Rosa is ,going to draft a letter 4 from some of the comments that were proposed and then send it on. 5~ . 6 Council Member Torliatt also .noted her attendance at the unveiling of the 7 "Lady of fhe Beast" which is a sculpture at the Animal Shelter dedicated to the 8 City of Petaluma. 9~ 10 In conclusion, Council Ivlember Torliatt noted she had placed before 'the Council 11 a summary Report for Bike to Work Week and requested an update on the Flood 12 Control Project and what is going to be done in September with 'regard to 13 additional lobbying efforts; a status. report on the 'Petaluma; Senior Center 14 renovation; dnd referenced an. email regarding "Comcast Sues San Jose 15 Illustrates Dangers of Cable Monopoly and.Broadband Era." She noted this was 16 a scary article regarding Comcast and how They are pushing their weight 17 around. 'She feels it would be worth talking with the League of California Cities to 18 see if cities are interested in banding. together to deal with this Comcast issue. 19 20 Council. Member Moynihan commented on~ the desire to see an update on the 21 Corollo ;Engineer'ing contract and. where we stand with the sewer treatment 22 plant design. 23 24 In :addition, Council Member Moynihan requested a special meeting of the City 25 Council to deal with.. the .review- of the :budget based on changes 'n the State's 26 budget dnd the'impac-ts to the City.. He indicated his desire to see. an update on 27 the 5-year CIP, reserve balances, filled vs. funded positions, anticipated 28 increases in PERS, Health Care Premium increases and to revisit the idea of a 29 formalized compensation policy. He urged the Council to support his request 30 and have the: City Manager suggest a date when this could happen. 31 32 The City .Manager responded those, issues would be addressed during the- Mid- 33 Year Budget Review. He noted that the State Budget adopted is estimated to 34, result in a h'it of approximately $600,000 to the City, which he feels-could. be dealt: 35 with through adjustments throughout the year. 36 37 .Gouneil Member Moynihan indicated his desire to ee the issues dealt with 38 sooner rafher than later. 39 40 Council Member7orliaft, in response to Mr. Hanariia's comments, indicated the 41 Council will be considering a Citywide Beautification. Program at their August 18, 42 2003- City Council Meeting. She also indicated she is glad to see fhe Police 43 Department's response regarding the 72-hour parking issue. 44 . 45 CouncL.Member Harris indicated Council Member Moynihan made some good 46 .points and asked for the City Manager's response. 47 Vol. 39, Page 72 August 4, 2003 1 The City Manager responded' :by explaining. to the Council why the Mid-Year 2 Budget Review is the appropriate time to deal with those ;issues. 3 ~ . 4 City Council discussion. ensued regarding whether' or not `to have a special 5 meeting to address budget issues.. 6 7 Council Member Harcissuggested a :one=page report addressing 'the is"sues. at t.h°e 8 August 25, 2003speeidl m'eeti'ng, would b:e fine with him,.; 9 10 Council ,Member Hedty supported the City Manager's desire to address these 11 issues qt the mid-year budget review.. i2 ,. 13 Vice Mayor O'Brien 'indicated Council Member Moyrihan''s requests rai e a 14 great dell' of co,ncern', which; he feels can be discussed in September when. t:he 15 CIP is discussed, as well. as during "f,he Mid=Year Budget Review.. In response to Mr. 16 Hanania's comments, Vice Mayor O' B.rieri .indicated not` everything could .go on 17 the evening- agenda, He concluded by stating he is' glad to see the Police 18 Department doing its job. 19 . 20 Council .Member Canevaro. commented the 72-hour parking 'item before fhe 21 Council has been an ongoing effort and commented #hat as it rel'a;tes. to th`e~ 22 Police Department, there has been a substantial increase in the number of ears'. 23 marked,. tagged and towed.. 24 25 Mayor Glass commented the City's budget has just been corripleted and' 2b indicated h~'is confidence that'the City Manager, is on top'of things. He stated he: 27 hopes the Council can look at the idea o.f a cafeteria plan for employees iri the 28 next bu,d et ear. He canclu"ded b sum'marizin "there was no consensus: for a g. y Y 9 29 specia'` meeting regarding the budget. He too, ihdicai~ed it is not possible to 30 place all items of interest. during. the evening session. " 3.1 32 Council Member Moynihan indicated he would docu;me,nt his concerns 33 regarding th,e budget in a memo forma;f and that information can be provided 34 without having to set a special meeting. 35 36 Council Member Torliaft com"merited '.the Council did recE~ive a memo regarding 37 the budget stuatign dated July,3,1, 2003 that outlined everything,. She suggested.. 38 posting, that .to the. City's website and indicated, perhaps something: could ~b;e 39 added to that .indicating the Council. will be addressing these issues during the 40 Mid-Term Budget .Review. Concerned citizens would be able to participate in 41 discussions at that time. ~ ' 42 CITY MANAGER: COMAflENTS Request to Set Special Workshop for August 25; 2003: to Dise;uss ;Development Impacf Fees. August 4; 2003 Vol. 39 Page 73 1 The City Council was supportive of setting'~a special workshop on August 25`, 2003 2 at 7 p;m. to discuss development impact fees. H:e was clear that it would b`e a° 3 discussion only and no vote would be fakeh. 4 5 The Mayor requested the meeting take place in the Council Chambers and that 6 it be video taped, as he will' be out of town for that meeting. 7 ~ . 8 AGENDA CHANGES AND bELETIONS (Changes to current agenda only). 9 10 It was noted that the Mobile Home Zoning issue, Item 8.A, has been removed' 11 from the City Council agenda and will be discussed at the Council's September 12 8, 2003 City Council Meeting. 13 14 PRESENTATIONS/PROCLAMATIONS 15 APPROVAL.OF MINUTES 16 17 1. APPROVAL OF MINUTES 18 19 A. City Council Minutes of July 7, 2003. 20 21 Counc,lrMemberTorldtt requested that page 3, line 2l be changeci to 22 read.. "92'' rather than ''97" million gallons; that page 13 also refilect 23 comments that she had made. 24 25 MOTION to adopt the July 7, 2003 City Council Minutes as amended: 26 27 M/S Torliatt and Harris. CARRIED UNANIMOUSLY. 28 29 B. City Council Minutes of July 14, 2003. 30 , 31 Council Member Torliatt"requested page 5, line 28 include the 32 statement "there was consensus on the Council to rebid the roofing 33 and bid parking lot improvements as soon as possible" that page 8, 34 lines 1 l , 19 and 27 change ''LED" to "LAD"; that page 14 include her 35 comments made regarding the Gatti Subdivision; and page 18, line 23 36 reflect that she asked "What basis is fhe:Couricil making their decision 37 to remove any•of'the- options? If is no,f clear in the staff report and 38 there is a need.to see what"projects are the best cost benefit ra,fio and 39 focus on trip reduction, not necessarily building for the peak demand." 40 41 MOTION' to adopt the July 14, 2003. Minutes as amended: 42 ~~ . 43 M/S Torlia,t~t and Glass..:CAR~RfED UNAANIMOUSLY. 44 ~~ - 45 Vol. 39, Page 74 August 4, 2003 1 2. APPROVAI.:OF PROPOSED•AGfNDA 2 3 Approval. of Proposed Agenda for Councif:'s Regular'Meeting of August 18', 4 2003. 5 6 Council Member Torliatt requested that th'e prioritizing°of the underground 7 district projects be added. 8 9 MOTLON to adopt the proposed"'agendp for August 1`8, 2003: 10 11 M/S Torliatt and .Glass. CARRIED UNANIMOUSLY. 12 13 3. CONSENT CALENDAR 14 15 Items A and D were removed from the Consent Cal~ndac forseparafe 16 discussion and/or action. 17 18 A. Resolufio;n. Awarding the Contract #or the PFvgse 1_ Recycled Winter 19 Pipeline Project.. The Project Involves Installing Approximately 20 19-,000 Feet of a Recycled Water Pipeline to Convey .Secondary 21 Recycled Water from fhe •Oxidation Ponds. to Rooster Run Golf 22 Course, in the ..Near Term,. an'd to .Serve Other Locations in the Long 23 Term.. Estimated .Project .Costs: $3,6'60,000.Q0. Funding:, State 24 Revolving Loan Fund. (Ban/Nguyen) Remcwed from Consent for 25 separate discussion qnd action. 26 27 B. Resolution 2003-14'5 N.C.S. Requesting °Author,ization for the 28 Replacement of Police Service Dog K-9 ,(SaVano/Hood') 29 30 C. Resolution 2003-146. NC:S. Accepting the .C:omplefion of the 2002- 31 °2003- Property' Site, .Improvement Projecf - Water Field Office: 32 Soundwall; Construction Phase I. (This first phase of the project 33 involved removal of existing fencing and providing and insfallirig a 34 precast concrete. soundwall.) Final Phase 1 Cons'.fruction Cost: 35 $83,289.75. Funding Source: Water Funds. Contractor: Tn-County, 36 I'nc. (Ban) '• 37 38 D. Appointment' of 'Studenfs, to the Teen C'ouncil'. (Carr) Removed 39 from Consentfor separate discussion :and~acfion. . 40 ~ . 41 E. Resolution 2003:-147'. N.C'.S. Setting Annual .Assessmen# Rates. for 42 Assessment Distrcfs. (Thomas) 43 ~ ~- = 4.4 F. Resolution 2003-1:_48 N.C.S.: Establishing, the. Maximum 'Towing .and 45 Storage Charges for."the Cty's Tow Franchise Agreements: (.Gibson) 46 August 4, 2003 Vol. 39 Page 75 1 G. Resolution_ .2003-149 N.C.S. Extending the Term fo_r Steve Aydlci 2 Serving as Petaluma's Representative 'on fhe 11Aa~in%Sbnoma 3 .Mosquito. ~ Vec,tor:Confrol District Board of Trustees to pecember 4 31, 2003 to Coincide with Ofher ,'Trustee's Terms. , (This matter is 5 broughf to the City Council at the request of the Mosquito 6 Abatement District Executive Director.) (Petersen) 7 8 H. Resolution 2003-150' N.C.S. of the City Council of the city of 9 Petaluma, California, Establishing a ,Fee for the Processing of an 10 Initiative Petition for any Municipal Measure:. (Petersen) 11 12 MOTCON to adopt the balance of the Consent Calendar. . 13 14 M/S Torliatt and Canevaro. CARRIED UNANIMOUSLY. 15 16 ITEMS REMOVED FRAM CONSENT FOR SEPARATE `'DISCUSSION 17 18 A. Resolution 2003-151 N.CS. Awarding the Contract -for the Phase 1 19 Recycled Wafer Pipeline Project. The Project Involves fnstalling 20 Approximately 19,000 Feef of a Recycled Water Pipeline to Convey 21 Secondary Recycled Water from the Oxidation Ponds to Rooster 22 Run Golf Course in the Near Term, and to Serve Ofher Locations in 23 the Long Terrn. Estimafed Project Costs: $3,660,Og0.00. Funding: 24 State Revolving Loan Fund: (Ban/Nguyen} 25 26 Council Member ,Moynihan commented that the .project costs 27 came in under estimate and confirmed there wou d actually be a 28 $2M savings on the project. He also noted that loss of revenue for 29 the administration fee due to the low bid. 30 31 MOTION to adopt the Resolution: 32 33 M/S Moynihan and Torlatf. CARRIED UNANIMOUSLY. _ 34 . 35 D. .Resolution -2003-152 N.C.S: Appointment of Students to the Teen 3'6 Council. (Carr) 37 38 Staff had requested this item be voted upon separately as various 39 students being considered for~.appo.ntment were present. Donnie 40 Frarik introduced those students being considered for appointment 41 and they made a brief presentation. fo the City Council regarding 42 what had taken place over the; last year. 43 ' 44 MOTION to adopt the resolution. °~ 45 46 M/S Harris anal O'Brien. CARRIED..UNANIMOUSLY. 47 Uol. 39, Page 76 :August 4, 2003 2 4. UNFINISHED BUSINESS ` 3 _ ~ _ . 4 A: -Adoption. (Second ~ R'eading`) of Ordinance No. 21:.56 N:C.S 5 Amending. Chgp'ter `1..:.30 of the Petaluma :Municipal 'Cod;e and 6 Setting Limits on Campaign .Contributions to City Council and City 7 Mayor ~Candidafes~, En,aCting Mandatory, Public Disclosure 8 Regulations and, Prescrifjing Enforcement Mechanisms and 9 _ Penalti:es.:for Violations. (Rudnansky) 10 11 Rublic'I'nput: 12 13 Bill Phillips; 'Petalumd, addressed 'the City Council and noted with 14 the cap set at $500 for individual. contributions, out-of-town. 15 contributions will be even. more than what had concerned them.. 16 with fhe prior or..dinance. He staged he was,opposed to 'raisin'g the 17 contribufi'on and reporting' limits and stressed fhis is a flawed 18 ordinance,. 19 20 ~ .Rory Keller, Petaluma, addressed the City Council, as a member of 21 the League of Women Voters. She read' a' letter regarding the 22 proposed' ordingnce that` indicated it h'ad major flaws and asked 23 that there be a'revision to the term of"`election cycle."' 24 25 Joan Roman; Petaluma,. addressed the City Council and .read 4 26 .letter. from.. the President of the Democratic Club expressing their 27 disappointment that the Council. s~ considering weakening their 28 campaign ordinance. She expressed there is no `need to increase 29 the contribution: lirriit and agreed. with the p~~sition. of the League of 30 Women Voters. She also expressed- disappointment with doing 31 away with the ,public financing aspect. 32 33 Stan Gold, Petaluma, addressed the City Council in support of the 34 existing ordinance and asked that the. Council reopen their 35 .deliberations: regarding this issue. He also questioned why the: City 36 Council ,has not appointed a Citizens Advisory Committee 'fo 37 review the matter;. 38 39 Victor Chechanover,~ ,Petaluma„ addressed. the City Council in 40 support of they existing ordinance and supporfed, having public 41 rnatcl%ng" fi.inds'. 42 ` 43 Mayor~Glass closed pubaic input. 44 45 Council AAernber. Moynihan .indicated this fads been an interesting 46~ ~ two-year process to .get the ordi"Hance rev'ised., He indicated he 47 feels it' will be a model for' other cities to follow and asked support 48 for the ordinance. August 4,.2003 Vol. 39 Page 77 1 2 Council Member Canevaro~ concurred with Council Member .. _. . 3 Moynihan He noted other cities in the' County are looking of 4 Petaluma's proposed ordinance as one to model theirs after. He 5 stressed that Council Members are not ''in the pocket" of 6 developers and added candidates have to have money to run a 7 campaign. He indicated his willingness to move forward with the 8 proposed ordinance. 9 10 Vice Mayor O'Brien concurred with Council Members Moynihan 11 .and Canevaro.. He added Petaluma is leading the way and 12 Healdsburg, Santa Rosa and Rohnert Park are following Petalumq's 13 lead. He commented that even the Press Democrat has called 14 public financing a "failed experiment." He indicated his support for 15 fhe proposed ordinance. 16 17 Council Member Harris indicated that number one issue has been 18 the public financing portion and noted he has received several 19 emails regarding this issue. He added the dollar amount of the 20 contribution limit gives him heartburn, but his number one issue has 21 been addressed. He indicated his support for a Citizens Advisory 22 Committee. to perhaps analyze the pros and cons of both 23 ordinances. 24 25 Mayor Glass stated he has enjoyed working with this Council an'd 26 feels this matter has been a divisive issue that is displaced. He 27 indicated he feels it is too pad the Council is dealing with this issue 28 at this time - he would rather the City spend time on other 29 important issues. He added public financing money does not .lead 30 to junk mail and, in fact, he would not have .been able to run 31 without ,public financing assistance. He concluded by quoting. 32 statements from.: the Home. Builders Association Magazine with the 33 inference that they are buying, Council Candidates through 34 campaign contributions. , 35 36 Council Member Torliatt stated she believes the original ordinance 37 created a more level playing field and that the proposed 38 ordinance in front of Council today does not enhance that one bit 39 and, in fact, takes the Council "ten steps backward." She, too, 40 commented on what contributors "think" their contributions buy. 41 She indicated that the community should have the ability to 42 choose someone and not be bombarded with stuff and/or 43 negative campaign mail. She indicated she is supportive of making 44 changes to the ordinance, but she is not supportive of the draft 45 that is before the Council this evening and will be voting no. 46 47 Council.llAernber Healy summarized that he concurred that public 48 financing is not appropriate at the local level, he did not see a Vol. 39, Page 78 August 4, 2003 need to up the cap on contributions and indicated the ordinance before the ,Council this evening, does not address a tw,o-year elecfion cycle rather than a four year cycle. He added the $99 disclosure .threshold is a step backwards and he would .have: preferred ;something in the rdnge of $25. He indicated he "would not be supporting the ordinance:. MOTION to adopt the proposed ordinance.: M/S Moynihan and Canevarg. CARRIED BY `iHE FOLLOWING VOTE; AYES: H'arrs, Canevaro, O'.B~ien and 'Moynihan NOES: Healy, Mayor Glass and Torliatt' Council Member Moynihan recused himself' from discussion .and/or .action on Items 4.B arid 4:C. B. Discussion and.. Adoption (S.econd Reading) of do Ordinance No.. 21'57 N.C:S, Approving a Development Agreement with Basin Street Properties for the Redevelopment of the Thedtre: Districf. ('Marangella) MOTION to adopt the ordinance;. M/S Healy and Torliatt. CARRIED BYTHE FOLdLO1NING VOTE:. .AYES: Harris, Ca;nevaro, Healy, O" Brien, Mayor Glass. and. Torliatt NOES: .None RECUSED: Moynihan C. Discussion and Adopti:9n (Seco,nd Reading) .of do Ordinance. No. 2158 N.CS. Amending Ordinance No. 1072 N:C.S. (Zoning; Ordinance) -Adding ;Article T9.7' "T'-C, Theatre Combining District" with Findings Recommended by the Panning Commission. ~(Marangella~) MOTION to adopt the ordinance:: M/S Healy an'd Torliatt.. CARRIED BY THE FOL,LOWLNG VOTE: AYES: Harris,. Canevaro; Healy, O'Brien, Mayor Glass and Torliatt NOES: None RECUSED: Moynihan P,ugust 4, 2003 Vol: 39 Page 79 1 5. NEW BUSINESS 2 3 A. Resolution .2003-.153 N'.C.S: Authorizing the Closure of D Street, 4 Between Sunnyslgpe Avenue an_d '6th Street, with Additional Side 5 Street Closures and Limited Traffic Control for the Petaluma High 6 School Music Boosters Band Review Cornpetitiori for Saturday, 7 October 4, 2003. (Simms) 8 9 Teresa Hare, Petaluma High School Music Boosters, addressed the 10 City Council and urged. their support for the street closure and it Band Review Competitign. 12 13 MOTION to adopf the Resolution: 14 15 M/.S O'Brien and Healy. CARRIED UNANIMOUSLY.. 16 17 B. Discussion and Possible Direction Regarding Prequalfication of 18 Bidders on City Construction Projects. (Bierman) 19 20 Steve Benjamin, Sonoma County Building & Construe#ion Trades 21 Council, addressed the- City Council, urging their support for the 22 drafting of a proposed ordinance. 23 24 Co.une'il Member Healy commented he feels this is a valuable 25 concept and the City could benefit from such an .ordinance. He 26 would like. the City Attorney and City Manager to work -together to 27 bring an ordinance back before the Council for consideration. 28 29 Council Member Harris agreed with Council ,Member Healy that 30 this is a valuable concept. 31 32 .Council. ,Member Canevaro concurred, and Vice Mayor O'Brien 33 indicated he would like to see this extended fo all contracts for the 34 .City. 35 36 Council MemberTorliatt indicated sh'e has asked for.~this in the past 37 and indicated she has a sample Prequalification Package dated 38 January 2003. She voiced her support -for drafting a proposed 39 ordinance. 40 41 Council Member Moynihan stated the City would continue to 42 ~ maintain competitive bidding, and that this would be a win-win for 43 bidd'ecs. He would like to see the City award bids to the lowest bid 44 .r of qualified bidders. 4'5 46 CONSENSUS was reached by the City Council to give direction to 47 the City Manager and City Attorney to bring back an ordinance for 48 consideration. vol. 39, Page 80 1 August 4, 2003 2 C. Resolution 2003-154 N.C.S..Authorizing the V~1augh School District 3 Foundation 'to Use t;he Corona Creek. AtHletie. Fields ,for a Wine 4 Tasting Fund Raising Event:. (Carr) 5 6 Jim }Carr, .Director of. Parks and Recreafion,_ gave the staff' report 7 and urged Council approval of the resolution, 8 9 Council Member Torlatt remarked she had no problem with 10 approving this request. it 12 .MOTION.. to adopt the resolution:. 13 14 M/S Torliat't and' Glass. CARRIED UNANIM'O,USLY. 15 16 D. Introduction .,(.First Reading:) of an ~Ordinarice. 21'•59 N.C.S., 17 Authorizing Amendments fo Petaluma Municipal Code Section 18 • 1.1..40.060,.. Parking o""n' Street or Alley in Excess. of '72-Hours> an;d 19 Adding; :Petaluma Nfunicipal Code Section 1 1.4.0.2.10, 'fnterference 20 With Parking; Regulation; and .Adoption cif Resolution 2003:-1;55 21 ~ N.C.S. Amending ',R'esoluti'on No. 2002_.-'133 IV.C.S. Providing for the 22 Setting of a Fee for Violations of fhe 72-H'our Parking Restriction, 23 (Simms/Mood) 24 25 l.ieute.nant Daring Fish', Petaluma. Police Department, gave a staff 26 presentafion on fhe `p"ropos~ed ordinance c~nd asked for Council's. 27 approval ;for first reading,. as well as approval for the Resolution 28 seating the fee. ~ ~ ' 29 30 Public Input: 31 32 Phil. Greschner; Petaluma,, addressed the, City Council, indicating 33 there is a_ need to strengthen "fh'e violation, penalty;, suggesting 34 graduated fine gmouht"s for" 'thee- number o,f violations,, Me 35 commented on recredtional vehicles with.. extensions that pose d 36 special .hazard by~ sticking out into the street: Ne concluded by 37 indicating -;his support' for allow CS:Os to handle `citations for the 72- 38 hour parking, iss"ue. 39 40 John Hanania :Petaluma, addressed the City Council regarding his 41 displeasure~at having 'his vehicle fagged when there; has' been a. 42 boat parked on' the sidewalk for three- we,~ks in his neighborhood. 43 and no one has` been' ticketed. He voiced frustration with the 44 proposed _ language for movirrg of vehicles.. parked on the scree#° 45 anal indicted the recovery °costs are too. high by'stressing the Cify 46 should not "gguge people through fines." He cone tided that 47 Police Officers should be dealing' with this:issue and not CSOs. 48 August 4, 2003 Voi. 39 Page 8'l. 1 Frank Simpson, Petaluma; 'addressed the City Councif and 2 presented., photographs of vehicles., boats and recreational; 3 vehicles parking on city streets. He stressed the community needs 4 to know what the rules are. With regard to fhe "moving of the 5 vehicle" requirement, he .indicated there is nothing to preven# b parking it right back in the same spot again. He noted the dverage 7 width of an RV is 8 feet, whicf."can result in safety issues when cars 8 are trying to pass. 9 10 Council Memfier Canevaro indicated he has asked the .City 11 manager and Community Development Director to bring 12 something to the Council to prohibit non-motorized vehicles from 13 parking on city streets. 14 15 Richard Valentine, Petaluma, addressed the City Council indicating 16 he was a "victim" of the ordinance and had his vehicle towed. 17 recently. He indicated his frustration that fhere was a boat down 18 the street from him that had been there for months and it had not 19 .been towed. He stressed. the ordinance is not working for the rest 20 of the people and noted he paid .$300 to learn his lesson. 21 22 Chief Simms noted in three-weeks he would be .bringing forward an 23 ordinance regarding oversized and non-motorized vehicles. He 24 commented the 72-hour parking issue has been dealt with the 25 same in most communities. He stressed the need for the Police 26 Department to rely on the public to point out violations, as there 27 are not enough officers. to deal with this issue with the number of 28 cars on the street. He concluded by indicating the Police 29 Department is trying its best to deal with complaints ds they are 30 received. 31 32 Council Member Torliatt clarified the definition of "vehicle" includes 33 everything -that it covers boats and trailers. 34 35 Council Member Healy indicated his support for. the ordinance. 36 37 Council Member Moynihan concurred and suggested placing 38 information regarding the ordinance in water bills. He indicated he 39 likes the suggestion. for graduated fine amounts and perhaps that 40 issue can `be addressed in fhe future. 41 ~ ' 42 Council Member Harris concurred with the other Council Nlembers> 43 including looking at graduated fine amounts for multiple offenses. 44 45 Council Member Canevaro commented they kne~~r this would not 46 bed "perfect". process, noting this is not the highest priority for 47 Police Officers, which. is`why they are suggesting allowing CSOs to Vol. 39, Page 82 August 4, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 enforce. N;e stated he agrees with the need #or public notification of the. rules. Mayor Glass indicated he ,i's in favor of the fines supporting the full cost .of fhe program. Council Member Torlatt. expressed i`t would be subjective to determine if a ear has been "moved:" MOTfOfV to introduce the ordinance: M/S Torlia;ft.and O'Brien., CARRIED.UN`ANIM~USLY. MOTION to adopt the resolution: M/S O'Brien and Glass: CARRIED UNANIMOUSLY. .City Council adjourned back into: Closed: Session at-5:35 p.m. EVEiVINC~ S'ESSI'ON - 7:00 P.N1_ GALL TO OR-DER A.. Roll Call Present: Members Harris, Canevaro, Healy, O'Brien, Mayor Glass, Torliatt; Moynihan B. Pledge of'Allegiance C. Moment of Silence PUBLIC COMMENT Trish Kinsella, .Animal Services Advisory Committee,: addressed the. City Council regarding #heir successful "Bow Wow" Bash, as well as th'e viability of the Animal Services Advisory Committee and~their fundraising activities. -j. Kelly Schultz, Petaluma, addressed theCity Council indicating she would be interested in an appointment to the Animal. Services Advisory Committee. She ,.: also rnentione:d "Art in the ,Pdrk" grid new scu ptures, indica ing there is nothing; around the pieces of art to ensur..e safety o.f'children. - , Arthur Corder, Petaluma, addressedr the .City Council regarding the roundabout at Corona Road and Sonoma Mounfan 'Parkway,. which is working welt. H:e indicated. he is not opposed to a cross-,fown expressway, but that is most° likely August 4, 2003 vol. 39 Page. 83 1 tern years away.. He concluded; by stating there has to be some other.-way than, 2 roundabouts to move traffic along. ~ '_ 3 ~ ' 4 Betty Mazzucchi; Petaluma, addressed. the Cify Council regarding seniors" health 5 insurance and other costs for seniors that continue to go up. 'She stated her 6 disappointment that the mobilehome park;; zoning issue has been pushed to. 7 September and urged the. Council to continue to support fhe City's ordinance. 8 9 Richard Parker, Petaluma, addressed the City Council regarding the 72-hour 10 parking violations, tree growth in the creek, an`d the, Baker Ranch Subdivision 11 streets, which should be in good operating condition. 12 13 Bill Donahue, Petaluma,. addressed the City Council regarding Sandalwood 14 Estates and noted the zoning ordinance states all mobilehome parks must have 15 sidewalks an'd curbs. He indicated Sandalwood is currently experiencing the loss 16 of some sidewalks and curbs, which results in some loss ,of space in the streets, as 17 well. 18 19 Janice,Cader=Thompson, Petaluma, addressed the City Council regarding their 20 Rules and :Procedures with respect fo not starting an agenda item after 1 1 p.m. 21 in the ~e.vening, questioned.. why. the July 21St Council Meeting was cancelled, 22 and commented on recent campaign statements filed for Council Members.. 23 O'Brien and Canevaro. In conclusion'; she commented on the need for 24 approval for at-grade :crossings at Rainier and. urged the Council not to put Them 25 on the SCTA list. 26 27 CORRESPONDENCE ' 28 29 There was none. 30 31 COUNCIL COMMENT AND LIAISON REPORTS 32 33 CounciLMember Torliatt comm.e,nted on the recent Wild Rose Golf Tournament, 34 which benefited the Petaluma People Services Center and invited everyone to 35 the Polly Klaas Fundraiser on August 9 at 6'p.m: She'noted'the ordinance to ban. 36 oversized vehicles and RVs on public streets: will be before the' Council soon and. 37 concluded by commenting on the Zone 2A m;eeting on July l'7'h where- 3`8 maintenance of creeks and issues regarding endangered species was discussed. 39 ` 40 Vice Mayor O'Brien, in response to comments regarding the Council's Rules & 41 Procedures, noted the majority of Council was supportive ofycontinuing the 42 meeting after 1.1;00 p.m. He also noted ,there was no meeting originally 43 scheduled for July 215f 44 45 Council Member Moynihan agreed with public comments made regarding 46 roundabouts, .noted he would follow up with regard to comments made about 47 the City`s sculptures, and asked for a letfer from the Mayor in support of 48 nominating Dorothy B'ertucci for a Regional Library Award. Vol. 39, Page 84 ,Augusf 4, 2003 1 , 2 Council Membe"r Caneva~o sfdte.d his support for roundabouts; commented on 3 having two- meetings back to back oast month,: and that the ordinarice to 4 address oversized vehicles and RVs will be before the Council in a flew weeks. 5 . 6 Mayor Glass noted the rnoble_ home zoning .issue would' bf discussed Sept-ember 7 8, 2003,. and suggested. the Council continue the discussion of the roles for 8 Boards anal Committees to a later dafe. 9 10 City Council discussion :ensued regarding whefher the Councilwould be. 11 supportivet of deferring the discussion regarding the roles- and- responsibilities of 12 the City's Boards, Committees and Commissions. A straw vote of the .Cou:ncil 13 was taken;, wth:a majority of'the Council indicating their support for deferring the. 14 item to a later date when the: City Manager is .able. #o bring it forward.. 15 16 CITY MANAGER CONIMfNT~S 17 18 There were no "comments:. 19 20 b. PUBLIC'HEARffVG: 21 22 A. Hold. Fu_b.lic Hearing and. a:dop ion of ~Resolutiori 2003-h•56 N:.C.S'. 23 Confirming the Cost of Abatement'. of Weeds. (Ginn:) 24 25 Michael Ginn, Fire.Marshal, gave the staff report... 26 27 Mayor Glass opened the public 'he,aring-. Hearing. no requests to 28 speak, the public hearing was closed. 29 30 MOTION:. to adopt the resolution: 31 32 M/S 'O'Brien and Glass. CARRIED UNANIMOUSLY. 3'3 34 B. FY 03-04 Landscape Assessment. Districts. Annual. Assessments 35 Public Hearing and $e#ting of Assessments. ('Anchordoguy) 36 .. 37 ~ `Ed Anchordoguy, Pa~ks~and Landscaping Manager, gave th.e staff 38 report: _ 39 " 40Nlayor Glass opened' the public hearing,. 41 42 `Hank `Plum, Petaluma, 'addressed the- Council an;d, spoke 'to the. 43 need for maintenance, but noted there should be a better-way _fo 44 address the issue. 45 " . .. 46 Richard Parker, Petaluma', addressed the Council :and confirmed 47 that Baker Ranch will .not be added to th'e Landscape .Assessment 48 District.. August 4; 2003 Vol: 39 Page 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Richard Brawn, Petaluma, addressed the City Council regarding the assessment in his district (Westridge Knolls), which he feels when broken down appears to be very unreasondble. The public hearing was then closed. Council Member Torliatt initiated discussion regarding the Sonoma Glen residents and the need to try to rectify the TO-year bail-out program. Council discussion ensued and Mr. Anchordoguy explained the City's role with respect to Mr. Brawn's district and noted they will try to improve outreach in.the future. Participation of property owners was also discussed and suggestions for a Landscape Committee noted... The following separate actions were taken: MOTION to approve LAD Area #32, Wisteria and #34, Corona Creek II: M/S Torliatt and Glass. CARRIED BY THE FOLLOWING VOTE: AYES: Canevaro, Healy, O'Brien, Mayor Glass, Torliatt and Moynihan NOES: None ABSTAIN: Harris MOTION to approve LAD Area #39, Willow Glen: M/S Torliatt and Glass. CARRIED BY THE. FOLLOWING VOTE; AYES:. Harris,. Healy, O' Brien> Mayor Glass, Torliatt and Moynihan NOES: None ABSTAIN: Canevaro MOTION to approve LAD Area #30, Kingsfield and LAD Area #27, Graystone Creek: M/S Healy and Harris. CARRIED BY THE FOLLOWING VOTE: AYES: Harris, Canevaro, Healy, O'Brien, Mayor Glass and `Moynihan NOES: None. ABSTAIN: Torliatt Vol. 39, Page 86 August 4, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 MOTION. to approve the balance of the LADS: M/S Torliatf and Glass. CARRIED U'NANIMOUSLY.. The City Council then took Item 7.C ouf of order at this time. 7: UNFINISHED BUSLNESS C. Appointments to, Vacancies on City Cornmi:~sions and Committees. (Petersen) a Consideration of Appointments to th`e Airport Commission: Jerry Beene and Dave Hansen. werE~ present and' urged reappointment. After having Council Members cast ballots the City Clerk read' the results: Canevaro: Beene, Fullerton, Smith Glass: Beene, Hansen, Smith Harris: Beene; Fullerton, Smith Healy: fullerto,n, Hansen, Smith Moynihan: Fullerton, Smith O'Bri.en; Beene,.Fullerton, Smith, Torliatt: Beene, Hansen; Smith The following persons were appointed: Jerry'Beene Four-year term expiring June 30; 20Q7. Ed Fullerton Four-year term expiring June 30, .2007 Don Srnith {;PAPA Re,p.) One-year term expiring June 30; 2004... • Consideration of Appointments to the Animal Services Ad~isory Committee: After having Council, Members cast ballots the City Clerk read the results:: Vote # 1: Canevaro: 2 yr term: Carlo, Carter,. Lewis-Brown> Schultz, Timko; l yr. term: Maguire; Thomas Glass;. 2 yr.. term: Cando, Cartier., Maguire, Thomas, Timko' 1 yr. term: Lewis-.Brown, Schultz Harris; 2 yr. term:. Cando, Maguire, Schultz, Thomas, Timko; 1 yr. term.: Carter.,. Lewis-Brown August 4, 2003 vol. 39 Page 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 =40 41 42~ 4.3 44 45 46 47 48,. Healy: 2 yr. term: Carter, Lewis-Brown, Maguire`, Thomas, Timko; 1 yr. term: Cardo, Schultz Moynihan: 2 yr--. term: Carter, Lewis-Brown, Maguire, Schultz, Thomas; 1 yr. term: Gardo, Timko O'Brien: 2 yr. term: Lewis-Brown, Maguire, Schultz; 1 yr. term: Carter Torliatt: 2 yr. term:- Cardo> Maguire, Schultz, Thomas, Timko; 1 yr. term: Garter, Lewis-Brown Vote #2: C.anevaro: 2 yr. term: Carter; 1 yr. term: Cardo, Lewis- Brown Giass: 2 yr. term: Cardo; 1 yr. term: Carter, Lewis- Brown Harris: 2 yc. term: Carter; 1 yr. term: Cardo, .Lewis- Brown Healy: 2 yr. term: Carter; 1 yr. term: Cardo, Lewis- Bro,wn Moynihan: ~2 yr. term: Carter; 1 yr. term: Cardo, Lewis- Brown O'Brien: 2 yr. term: Lewis-Brown; 1 yr. term: Cardo, Carter Torliatt: 2 yr. term: Cardo; 1 yr. term: Carter, Lewis- Brown The following persons were appointed: Sheri Cardo Matfhew Carter Tamara Lewis-Brown LaRee Maguire Kellq Schultz Cindy Thomas Skyler Timko One-year term expiring June 30, 2004 Two-year term expiring June 30, 2005' One-year term expiring June 30, 2004: Three-year term expiring June 30, 2006 Three-year term eXpiririg June 30, 2006 Three-yearterm expiring; June 30, 2006 Three-year term expiring June 30, 2006 • Consideration of App:ointmenfs to the Pedestrian and BicYCle .Advisory Committee: Brian. Meglins, Anne Cottrell. and Becky Choi addressed the City Council requesting reappointment. After having Council Members cast ballots the City Clerk read the results: Vol. 39, Page 88 August 4, 2003 Vote # 1: Canevaro: Choi,Cottrell, Mealins, Resneck, Vollmer Glass: Choi,. Cottrell; Maunder; Mealins, Resneck .Harris: Choi,; Cottrell; .Maunder, Mealins,, Resneck Healy: Choi, Cottrell, Maunder, Mealins, Resneck Moynihan: Cf1oi, Cottrell, Maunder O'Brien: Choi, Maunder, Ntealins, 'Resneck, Vollmer 7orliat : .Choi, Cottrell, Nldunder; Mealins; Resneck Vote #2: Canevdro' 3 yr: term: Resneck; 2 yr'term: 1 yr: term: Maunder Glass: ~ 3 yr: term: Resneck; 2 yr. Mealins; 1 yr. term: Maunder Harris: 3 yr: term: Cottrell; 2_ yr. Resneck; 1 yr: term; Mealins Healy: 3 yr. term: Resneck; 2 yr, Mealins; -1 yr: term: Maunder Moynihan'; 3 yr: term: Cottrell; 2 yr: term: O'Brien: 3 yr: term: -Resneck; 2 yr. Mealins;l yr. term: Cottrell Torliatt; 3 yr. term; Resneck; 2 yr Mealins; 1 yr. term: Maunder The following persons were appointed: Becky Choi Anne, Cottrell Tom Maunder Brian Mealins Dusty Resneck Cottrell, .Mealins; term: Coftrell; term: Maunder; term: Cottrell; Maunder term: Maunder, term: Cottrell, Threeyea_r Corm expiring June 30; 2006 Two-year term expiring J,une.30, 2005 One-year term expiring June 30, 20,04: Two-year term expiring June 3.0; 2005 Three-year term expiring June 30; 2006 ® Consideration of Appointment to'the PeUSOnnel Board: MOTION to appoint Vince Landof `for aFour-yeear term expiring June 30; 2007: M/S Glass and b''Brien. CARRLED° UNANIMOUSLY. •~ Consideration of Appoiritment`to the Planning Commission:: Jim Rose addressed the City'Council re.Guesting appointment: After having Council Members. cast ballots ~tf1e City Clerk read the results:, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ..August 4,'2003 All ballots cast were for Jim Rose. The following person was appointed: Vol. 39 Page:•89 Jim ;Rose. .Four-year term expiring June 30, 20.07 o Consideration of Appointment to the .Recreation, Music and Parks Commissions- ` John Kinsella 6nd~ Joseph Noriel addressed the City Council requesting appointmenf. After having Council Members cast ballots the City Clerk read the results: Canevaro: Ferguson Glass: Kinsella Harris: Ferguson .Healy: Kinsella Moynihan: Kinsella O':Brien: Ferguson Torliatt: Kinsella The following person was appointed: John Kinsella Four-year term expiring June 30, 2007 ® Consideration of Appointments to Site. -Plan and Arcliifectucal Review Committee (SPARC): Suson Bonet and Terry Kosewic addressed the City Council asking for appointment. ; After having-Council Members cast ballots the City Clerk read the results: a, Canevaro:~ Kosewic, Rittenhouse Glass: Kosewic, Rittenhouse Harris: Bonet, Kosewic Healy: Kosewic, Rittenhouse Moynihan: ~Kgsewic, Rittenhouse .O'Brien: Kosewic; Ritterhouse Torliatt: Bonet, Rittenhouse The. following. persons were appointed: John "Terry" Kosewic Two-year term expiring June 30, .2005 Jack Ri.ftenhouse Two-year term expiring June 30, .2005 Vol. 39, Page 90 August 4, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 m Consideration of'Appointment to Tree Advisory Committee: . }, MOTION to appoint Ron Scacciosi: M/S Torliatt and Glass; CARRIED UNANI'M'OUSLY. • Consideration of Appointments to the Youth Commission: MOTION to appoint; David King and, Scott Loveless for Four-year Terms expiring June 3.0,,.2007,: M/S N;ealy.and Glass. CARRIED UNANINI(~.USLY. Thee City Council recessed at 8c55' p.m. to 9:00: p:m. A. Gatti' Subdivision: Discussion and Possible Action Regarding. Recommendation from the Planning Commission. to. Approve: 1. Resolution 2003-158 N.C.S. ,Adopting, a Mitigated Negative De:claratio,n f.or :a 47 Single=Family 'Lot: And 4'6 Town Home Lot° Subdivision 'Located on, the T7=Acre Gatti :Nursery Parcel at 710 Sonoma. Mountain Parkway; 2. Ordinance 21:60 N.C:S. Approving Rezoning the Property 'To a ~Pldnned Unit District for the "Gatti" Subdivision; 3. Resoluton° 2003-1.59 N.C:S. Approving a Tentative Su,bdiyision Map for fhe ``G:atti" S,ubdivisi'on; 4. Resolution 2003.-160 N.C.S.. .Approving Planned. Unit D,istri'ct' Development G,,uide fines for the ``'Gatti"' Subdivision. APN 137-- 070-079. (Moore/.Robbe) The City Manager grave an~ overvie~ni of th`e project an,d discussions that 'had taken place -since the Council last heard -this. issue. Ne Hated several points agreed upon wifh fhe developer. IVIr. Hudson and Mr. Heaton addre;>sed the City Council requesting the ability'to setup a financial.mechanisrn to ensure perpetual, maintenance fo"r Parcel B (th? private alleys), subject to review and approval by the .Community Development Department. Auguste 4,.,2003 Vol. 39 Page 91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4~1 42 43 44 45 46 47 48 Public Input: Larry Pane, Petaluma, addressed the City Council, expressing concerns with traffic, congestion and pedestridn "safety: He indicated he would like to see the. exact•~numbers in the traffic study done, and expressed concern with the earth-moving efforts currently taking place next fo tfle `project.. He questioned why the Council is in a hurry to act on this project. Council Member ,Torliatt questioned the: pond improvements and Matt Hudson indicated they are complying with. the Corona Specific Plan .document. Mr. Heaton indicated the .grading currently taking place is in the County's jurisdiction and has nothing to do with their project. Council Member Moynihan indicated he was glad the developer and staff were able to .sit down and work things: out. He feels it should be a good subdivision and he is willing to support it this evening. Upon question by Council Member Harris City Council discussion took-place regarding Brie of sight issues. In response to questions ,by Council Member Can`evaro, water accumulation at the rear of their project was also discussed. Dan Heath, Project Engineer, indicated they will not be contributing to the problems currently existing with the Buckingham residents'' backyards, clarifying they .must contain the water runoff of their own project. Council Member Torlidtt noted she feels there has been a lot of progress with this developmeht; but still maintains that she would like to see seven lots along the rear of ;the Buckingham residents and that there should be a restric ion for the ;pad elevation of homes 1 = 9 to no more than 8 inches higher than the existing Buckingham homes.. In reference to requested roadway improvements by the. neighbors, sh`e voiced her fear that with additional. ingress. and/or ,egresses being created along Casella Way and~Yorkshire, it would result in more of an impact for the residents with traffic coming from the Junior College area through those neighborhoods. She indicated she does not feel that the deu~eioper oe~staff~ has done a sufficient job of educating the neighbors about the. traffic .model and what they are basing their decision on. -She indicated she hopes staff will be addressing speed limits~on Keisling. Vol. 39, Page 92 August 4„ 2003 1 Vice 'M_, ayor O'Brien .commended the City Manager, Planning. 2 Staff,. the; applicant' and- neighborhood for 'working out the. 3 issues. ~ 'He ajso ~nd'icated he agreed with Council Member 4 T.orli;aft. on her comments regarding' ingress and egress near the 5 .-Junior Gollege and how that may result in additional traffic (, .impacts. He concluded by noting; he would support eight` 7 homes adjacent to the Buckingham residents. 8 9 Council-Member Healy commented on the amount of progress 10 - - the: ,neighborhood and developmenf have made from the 11 - origindl', design. He noted the lots proposed (backing onto 12 Buckingham) are a lot deeper than those on Buckingham,. 13 which. he feels is d reasonable compro-nise. He added many 14 valuable ideas have been incorporated into the project and 15 agrees with: access concerns stated with respect to the Junioe 16 College. H,e further sfate:d the engineers need to investigate 17 the drainage concerns, but he is satisfied fhe current conditions lg are appropriate. He indicated his support for having eight 19 .homes adjacent to the Buckingham residents,. ~20 21 Council Member Cane"varo echoed comments made by, 22 Council Member Healy- cgncerning water drainage and traffic.. 23 He, -too,. supported eight :homes adjacent to the Buckingham 24 residents. 25 26 Council Member 'Harris: indicated hi's agreement with the need 27 for educes.tion regarding, .the Corona Specific Plan and added 28 his support- for eight homes adjacent to the Buckingham 29 residents. . 30 31 Mayor Glass commended everyone for working. together on'fhis 32 project. 34 MOTION to approve introduce the ordinance and. adopt fhe 35 resolutions.: 36 - 37 M/S Canevaro and Healy. 'CARRI:ED UN~4NIMOUSLY. 38 ., , 39 _. The ordinance. introduced'included thefollowing conditions: 40 41 CQNDITIONS QF APPRQVAL 42 .From ffie City Council. 43 44 ~ l.. P~ior'to .Site Plan, and; Architectural Review Committee review, the 45 plans~shall be revised to show 8: single=story detached homes 46 - abutting' the Buckingham Lane residences. That lot most in -line 47 with Road .C ;(lot 4 or,lot 5) and lot 8 shall be :designed to utilize side August 4, 2003 Vol. 39 Page~93 1 entry ,garages.. Thus, the project shall consist of .46 single-family 2 detached: homes and' 46 townhouse units. 3 4 2. Prior to Final Map/Improvement Plan approval, the Landscape 5 Assessment District shall be submitted to the Community 6 Development Department and the Parks and Recreation 7 Department for review and.. acceptance. The LAD shall include the $ maintenance of the "townhouse park" area between townhomes 9 12 and 35. This park area shall be public and shall be labeled as 10 such prior to Final Map/Improvement Plan approval. Design and 11 layout of the park shall be subject to the Recreation, Music, and 12 Parks Commitfee and. SPARC approval. 13 14 3. Prior to SPARC review, the southeasterly eight parking spaces on 15 the park .side of Casella Way shall be eliminated... This will result in 16 fifteen 90-degree parking spaces on the park side of Casella Way. 17 18 4. Prior to SPARC review, the plan shall be modified to show concrete 19 pads four to five feet wide from the existing gates in the Capri 20 Creek Apartment's fence to the public street. 21 22 5, Prior to SPARC review, the plan shall be modified to show an 23 extension of the Class 1 creek side path stubbed out to the SRJC 24 property line, approximately in line with the intersection of new 25 public Roads C and D. 26 27 6. Prior to Final Map approval, the applicant shall set up a financial 28 mechanism to ensure perpetual maintenance for Parcel B (the 29 private alleys), subjecf to review and approval by the Community 30 Development Department. 31 32 From the Planning Division {778-4301) 33 34 7. Before issuance of a building permit, the applicant shall revise the 35 site plan or other first sheet of the office. and job site copies. of the. 36 Building Permit plans to list these Conditions of Approval as notes. 37 38 8. The plans submitted for building .permit review shall be in 39 substantial compliance, except as conditioned, with the 40 Development Plan dated June 25, 2003 and the Tentative Map 41 dated June 25, 2003. 42 43 9. All mitigation measures adopted in conjunction with the Mitigated 44 Negative Declaration for the Gatti nursery project are herein 45 incorporated byreference as conditions of project approval. 46- 47 10. Upon approval by the City Council, the applicant shall pay the 48 $35.00 Notice of Determination fee to the Planning Division. The 49 check shall be made payable to the County Clerk. Planning staff 50 will file the Notice of Determination with the County Clerks office 51 within five (5) days after receiving Council approval. 52 Vol. 39, Page 94 August 4, 2003 11. SPARC shrill ,review site plan design, building and. accessory structure design, PUD ,Guidelines; colors and materials, landscaping; fencing style and location, and lighting:: Particular attention shall be paid :to the design of the- middle townhouse unite, houses 1-8; and 'to all.. corner homes and "townhomes. 12. Prior to'S.PARC: review, the plans shalt reflect elements (bo.th on the ground plane. and 3- dimensional) that clearly delineates/differentiates the, private alleys from the public streets,. specifically Casella, Yorkshire, and Road E_. 13. P"rior to :SPARE. review., the plans shall depict apedestrian/bicycle. bridge over Capri Creek at: Casella: Way. The Improvernenf plans shrill show this. bridge. Bridge. specifications shall also.. be provided fo SPARC. The. exact location ofi the: bridge shall be reviewed and approved by the ,Parks Department and the.. Petaluma administration of ,the SRJC, Two years from the date.. of SPARC approval, if delays occurred in determining the precise location of the bci'dge and the developers Have beEn unable 'to construct the .bridge, the bond shall be.replaced with cash. 14. Prior to :SPARC review;. the plans. shall depict a. Class I .path along the entire project (,from SonomaNlountain Parkway to the: urban se ~ aratoe , ad'acenf to the creek. The p p II show this )path. Pursuant to the Parks Departmenfethe p.afh shall be a minimum eight feet wide and' constructed of concrete. Two years from the. date of SPARC approval, if the Parks Department is not ready for the path ~ fo. be constructed, the bond shall be replaced' with. cash.. The Improvement plan, shall show°the removal of` the: existing driveway paving at 5onoma,:Mountain Parkway: A bike rack shall be hown to the immediate south of and: inline with the existing bus shelter. 15. Prior to SPARC ,review, the plans shall show at least 3 six=fo.,ot long benches along fh~e . urban separator. Specifications on, the benches shall also be,provided to SPARC:. 16. Prior toSPARC review; the plans shall show the specifications. and proposed location of a sign along Sonoma Mountain `P.'arkway identifying the creek path and the connection to the urban separator path. 17._ Prior. to SPARC review, an exterior lighting plan shall be submitted. Said ,plan shall` include a detail of the types. of alf fixtures 'to be installed for review acid approval. All lighting shall be hooded and project downward, providing a soft "wash" of .,light. No lighting on the-site shall create a direct glare into cyclist/pedestrian eyes. 18. Prior to. Certificate of Occupancy of '$Q% of Units, the landscdpe; plan shall be' modified to address improvements. to the: pond. as determined by the Comm. unity Development Department,.. Parks Department, and Water Resources Department: Imrnediafely after August 4,'2003 VoL 39 Page 95: 1 demolition of -the .greenhouses, the developer will :construct 2 temporary securify fencing around the pond. 3 4 19. Prior to Finaf Map/Improvement Pfan approval, the. plans shall be 5 modified to show a sidewalk. separated from the.. street by at' least 6 a 4-foot wide planting sfrip along all public streets, except that 7 ~ Public Road Eis not required to have a sidewalk on the southeast 8 side of the sf'reet. 9 10 20. Prior to Final Map/Improvement Plan approval, 'the. house and 11 porch of Cot 40 shall' be outside ofi the FEMA 100-year boundary. 12 13 21, Prior to Final Map/Improvement. Plan approval, the improvement 14 plans shall depict signage on the park .side of Caselld Way 15 indicating .that those. parking spaces, during daytime hours (6:0,0 16 AM to 5:00 Plvl), . be restricted by time, pursuant to the Parks 17 Director. 18 19 22. Prior to Fihal Map/Improvement Plan approval,. the improvement 20 plans shall show the addition of a pedestrian warning sign at the 21 Riesling Road mid-,block crossing for westbound traffic. The sign 22 shall be, installed in"the existing median so as to be more visible to 23 through traffic on Riesling Road. 24 25 23. Prior to Final ,Map/Improvement Plan approval, the improvement 26 plans shall show the extension of purple piping (to carry recycled 27 water) into the townhouse park. (See also Condition 60.) 28 29 24. Prior to Final Map approval, that map shall be submitted to the 30 Community Development Department Engineering Division as 31 both CAD data and scanned .images. Prior fo Improvement Plan 32 acceptance, "as .built" improvement plans shall be submitted. to 33 the City as CAD data and scanned images. 34 35 25. Prior to Final'. Map/,Improvement Plan :approval, the applicant shalt 36 work with City staff regarding the transition between the proposed 37 project and the new 7-acre park. 3$ 39 26, Prior. to Final Map/Improvement Plan approval, a Landscape 40 Assessment District shall ,be submitted to the Planning Division, and 41 the Parks and Recreation Department for their reviewed and 42 acceptance.. The LAD shall be formed for the maintenance of 43 landscape in l) the Capri Creek area northeast of Casella Way 44 from back of curb to top of bank, 2) the Urban Separator from 45 property line to property line, and 3) the. landscape strips without 46 residences directly to their rear to care for them such as the two 47 areas abutting Capri Creek ;apartments. along Yorkshire Road and 4'8 Public Road E. (See also Condition 2.) 49 50. - 27. Prior to issuance of a grading permit for work within any channel, 51 the applicant shall provide a copy of the approved Strearnbed 52 Alteration Agreement and proof of compliance with the permit Vol. 39, Page 96 .August 4, 2003 conditions: Recnovaf and replacement ,ofi -the. non:=native trees and a_ bridge shall be the only in-stream ehanneh work, shall be limifed fo 'the .elrysegson, and shall be perforrne.d in acco_rdanc_e with conditions specified by `the Department of Fish and Game in a S;freambed' Alteratioh Agreement. 28. Prior to issuance of d grading or building permit; a .Construction. Logistics Plan shall be submitfed by the applicant for ,review and approval by the Community Development Department. It` shall describe, construction vehicle routes and these routes'shall; use the existing; Gatti:driveway t,o the,fulf extent taasible. 29... Prior to certificate of occupancy of 80% of units, all trees referred to .in' the 'arborist report and .on the property to be dedicated to fhe City shall be removed f"as they" are inappropriate species. and/or diseased) acid all stumps ground. Also, prior to certificate of occupancy .of 80% of units, 'these trees sh"all be replaced. with' appropriate pecies along th'e creek, the pond", and "thee urban separator~as approved by SFARC.: 30. In the event that archaeological rernairis are encountered during grading, work . shall be .'halted terrS~>orarily and a qualified archaeolp,gist shall ~be. consult:ed for evaluation. of the artifacts and to recommend future acfion. The local Native American community shall: also. be notified and consulted in the event any archaeological temaihs are uncovered'. 3'l : All construction-activities shall be lirnifed to 7:30 a.m. to 5:30 p:m. Monday through Friday. Coristruetion and related,, activities shall 'be prohibited on Saturdays and Sundays and all holidays recognized by, the City of Petaluma, unless a permit is #irst.secured #rom the City Manager (or his/her designee) f.or additiondl hours..: There will be no start up .of` machines nr~r equipment prior to 8:OQ a:rn., Monday through Friday;: no delivery of materials nor equipment prior`,to 7,:30 a:m. nor past: 5:00 p.m., Monday through Friday; no ser~icirig of e.quipmerit 'past. 5`30 p.m., 'Monday through Friday.,. Plans submifted for City .permits shall include:'th,e language above. 32: All construction equipment powered. by internal combustion equipment shall'.. be ,properly muffled' and maihtained. to minimize noise. Equprnen'f shall'be turned off when not in use: 33: Constructign maintenance, storage, and staging, areas for consfr"uction equipment shall' avoid, proximity 'to residentiaP areas to the rpaxirnum extent practicable., Stationary construction equipment, such as compressors, mixers, etc., shall be ,placed away from resdehtial areas .and/or provided with acoustical shielding.. 'Quiet construction equipment shrill. be used. when possible.. August 4, 2003 Vol. 39 Page 97 1 34. Constru,etion and demolition debris' shall be recycled to the 2 maximum- exfie_nf feasible in order to minimize impacts on fhe 3 landfill'. - 4 5 .35. The applicant shall be 'required to utilize Best Management 6 Practices regarding pesticide/herbicide use' and fully commit to 7 Integrated Pest Management techniques for the protection. of 8 pedestrian/bicyclists. The applicant shall be required to post signs 9 when pesticide/herbicide use occurs to warn pedestrians and 10 bicyclists. 11 12 36. Prior to issuance of a building permit, the plans shall be modified to 13 accommodate recycling containers in the interiors of the units. 14 ~ • 15 From the Enaineering Section (778-4304): 16 17 Prior to Final Map/Improvement Plan approval, the- following Engineering 18 conditions shall be met. 19 20 37. Except as provided in Condition 13, all public streets shall have, 21 sidewalks on both sides of the street with pedestrian ramps at 22 corners, intersections and connections from streets to paths. All 23 public streets shall .have a minimum width of 32-feet with parking 24 on both sides or 28-feet vvith parking allowed on one side of the 25 street only if houses are limited to one side. No parking areas shall 26 be indicated with red curb and signs. Public street right-of-way 27 dedication shall be separate from Parcel A. Provide knuckles a't 28 90-degree street corners (4 locations). Asphalt thickness shall be a 29 minimum of 4-inches. Streetlights shall conform to City standards 30 and the Ely/Corona Specific Plan. The common area shall not 31 extend into the. public right-of-way on Road E, Casella Way and 32 Yorkshire Road. 33 34 38. The right-of-way of Public Road E shall include the sidewalk around 35 the perpendicular parking, stalls between townhouse units 23 and 36 24. 37 38 39. A cul-de-sac shall be constructed at the end of Casella Way. This 39 cul-de-sac maybe the minimum allowable size and does not have 40 to accommodate 'the ladder truck. The street right-of=way.on the 41 park side of Casella Way shall be dedicated by separate 42 document from the City of"Pe.taluma and recorded simultaneously 43 with the Final Map. 44 - 45 40. Private roads. and~.alleys shall have a minimum width of 24-feet, 46 except, where the alleys ,parallel Capri Creek, a 20-foot minimum 47 shall be allowed. Rolled curbs shall not .be allowed. Fire and 48 Emergency vehicles shall access the 12=foot wide path along the • 49 shall, be designed to meet their creek via a regular curb cut` that 50 radius and width requirements... , 51 ~ • Vol. 39, Page 98 August 4, 2003 41. Grading .and site prepara.fion shall, coriform to the soil investigation report prepared for this subdivision. 'Erosion. control plans shall. be prepared as part of the improvement .plans.. A storm water pollution prevention plan (SWPPP) shall bo prepared and a notice of intent (MO,I) shall be' filed. Moisture. barriers shalt be installed along the curb on the park side of ~Casella W.ay, on the creek side of Road D and on:~the urban separator side of .Road B, 42. A vehicle barrier shall be installed:b_etween the public streets .and parcel A. A removable vehicle barrier shall be installed at the access ,point to :the 12-foot :meandering path. This vehicle .barrier shall be subject to SPAR:C review and approval: 43. All hydrologic,, ~hy.draulc, aril storm drain system design shall be subject to the review and approval of the Sonoma Gounty Water Agency. 44. The proposed writer main system shalt lbe: capable of delivering' a continuous fire flow as required by the Fire Mars'hal's office... 45,. Water service laterals shrill be l .S-inch diameter with l-inch water meters. 46. Any existing overhead utilities on the property sha.lf be .placed underground or• removed. 47. Install a stop. sign aril crosswalk. at all tree intersections of public streets (6 locations). Install crosswalks at connections 'to the meandering path on Road D and. dt the end of Casella Way. Ped zing signs shall be installed at ap cross calks without .stop signs..A crosswalk shall. be located on Ca"s"ella: Way at 'the intersection of Public .Road E to access the future park: Connections 'fo meandering si;dewa'Iks on Road..B shall be moved. to align with the extension. of the. sidewalk at the corners. 48. CC8~R`s for` the 'townhouse common. area shall define maintenance responsibility for the .private streets, alleys and utilities. 49. The .developer shall pay a fee for review of the ,technical correctness of the Final~Map._ 50. Improvement Plans and Final Map shall be prepared according. to the latest :City ordinances,. resolutions, codes, policies and standards. From the Fire M'arshal'. '(778-43891:.' 5l. Prior to Final Map/Improvement Plan approval,. no on-street s parking space shall be shown that :restricts the turning radius; of the aerial ladder .Muck: _ Augusf 4, 2003 Vol. 39' Page 9:9 1 52. Prior to Final Map/Improvement Plan approval, the emergency 2 vehicle path shown along the creek at° Lots T2 'through 35 shall be 3 12 feet wide. with a' load-bearing weight capacity UFA minimum of 4 35,000Ibs.. The turning radiusonto -the emergency vehicle path 5 sflall meet the City of Petaluma ;street standard for curb cut: 6 driveway standards and a turn radius of R=25". When gates will be 7 installed at path entrances, 'all .gate entrances shall be at leasf two 8 feet wider than the width of the path7lands serving the gate. 9 Where a gated entrance is locked, a Knox box shall be provided 10 for emergency access. it 12 53. All townhouse units shall have fire sprinkler systems designed and 13 installed in accordance with NFPA 13-D. Townhouse whits 12 14 through 35 shall be required to be provided with ~a full fire sprinkler 15 system,. including attic and garage spaces. 16 ` 17 54. In all other single. family- dwelling units:- provide fire sprinkler systems 18 designed and. installed in accordance with NFPA 1'3-D; including 19 bathrooms over 55' square feet, closets over 24 square feet or 3 20 feet deep, and other attached structures. These systems shall be 21 calculated for two-head activation for the most remote two 22 heads. 23 24 55.. Activation of the fire sprinkler system shall sound an interior alarm 25 that will notify normally occupied spaces. 26 27 56. Prior to issuance of._a building permit, proof that required fire flow is 28 available shall be supplied to the Fire, Marshal. The minimum fire 29 flow for this project is ~-1,000- GPM at 20 pounds residual-per square 30 inch. 31 32 57. Prior to certificafe of occupancy of 80% of units,. all curbs not 33 depicted for on-street parking spaces on sheet C2 ..shall be 34 painted red and no parking signs installed. Where no curb exisf`s; 35 .signs approved by the Fire Marshal shdll be installed. 36 37 58. Prior to Final. Map/improvement Plan approval; -the following 38 modifications to fire hydrants shall be shown on the plans: (see th'e 39 Planning, Division file for plans red ;lined. by fire) 40 a. Move the hydrant on the creek side ,of Public 'Road p 41 (opposite. Lots 20 and: 21) southwest 70feet. 42 b. Add hydrant. on the urban separator side of Public Road B 43 (opposite .the shared property line of Lots 17 and 18). . 44 .. . 45 From the Water Resources and Conservation. Department (778'-4304): ' 46 T _ 47 59. Prior to Fihal Map/Improvement Plan. approval, arainfall/stream _ 48 gage station to supplement the City's existing network shall be 49 shown on the pedest"ride bridge crossing Capri Creek.. The station 50 requires an electrical connection and shall be subject to the 51 approval of the WRC Department. WRC shall maintain the station. 52 Vol. 39, Page 100 August. 4, 2003 60. Prior, to: 'Final Iv1ap/Improvement Plan approval,. those ,plans shall', show the,addition of purple.piping'at or adjacent to the creek side path from the. Urban, S_eparatar to Sonoma Mountain Parkway pursuant to the W..RG`•s recycled water pipeline ,map :and guidelines. (See-also Condition 23:) 6.1: This project shall: comply with the City's Landscape Water Efficiency Standards. '62. Prior. to_ Fihal. Map/dmprovement Plan approval: . a. The l2"' diameter. water main stub for the future connection at .the northeast .corner of the project requires do isolation valve. • b. .All 'water valves: shall be in"stalled per Standard No.. 8- 7:1'..00: ' c. The atility plan should be ;revised' fo show the proposed water meter locations for the new layout. The meters for lots.l2 through 3`5 will" require overlapping steel lids (with integral. reader lids)'. designed for traffic. loading if they are placed in the private alley. The. meters: for lots 1 through. 1l should'be behind. the Yorkshire Road: curb, and.'the meters for lots 36 through 46 should be .behind the curb on Casella Way'. The park area requires a separate irrigation meter and backflow prevention device in dccordance with Standard No. 876.01.; and otherapplicable standards. d. the new `water ,servi.ce sizes wilt be determined- by the, Fire Departmerit requirements. The maximum flow requirements will, determine the meter sizes.. If. "the new 1-1 /2" x 1 " water' (meter is required, a. Christy 'N 30 (or approved equal} rneterbox.is i'equred: e. .Manhole spacing shall .comply with the City`s . subdivision design. criteria. 63. The applicant. shrill defend, 'indemnify, and hold harmless the-City or any of its boards, commissions, agerits> officers,-and employees -from ariy eVaim;, ae,tion or proceeding, against the City, its boards, ' commission, agents, officers, or employees to attack, et aside,. void o.r 'annul,_.the `approval of the project. when: such claim or action is brought within thetirne. period provided for in applicable State and/or local st.atut,es. The City shall promptly notify the applicants of any such claim, action, or proceeding. The City'shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of. any. claim, action, or proceeding if the .City bears its own attorney"s fees and costs,.and th"e City`defends the action in good faith. B. Discussion. Regarding Composition of and Upcoming Appointments to the 'City of i'efaluma's Various Boards;. Commissions; ~ and Committees. August 4, 2003 Vol. 39 Page 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MOTION. to defer discussion on this item to lafer in the year: M/S Healy aril Harris. CARRIED BY THE FOLLOWING VOTE: AYES: Harris, Healy; Mayor Glass and Torliatt NOES: Canevaro, O'Brien and Moynihan 8. NEW BUSINESS A. Discussion and Possible Direction Regarding Mobilehome Issues Including But Not Limited to (1) Petaluma Mobilehome Space Rent ..Stabilization Program (2) Lot Line Adjustments (3) Regulation and Inspections of Mobilehome Parks (4) Acquisition of Mobilehome Parks (5) Mobilehome Rental Assistance (6) Mobilehome Park Zoning (7) Mobilehome Conversion Ordinance (8) Notices to "Tenants to Be" per City Ordinance (9) Leases (Rudnansky) This item was removed from the Agenda and will be brought back fo fhe Council for discussion at their meeting on September 8, 2003. ADJOURN The City Council Meeting was adjourned at 9:40 p.m. to the next regularly scheduled meeting. ~~ David Glass, ayor ATTEST: G yle terser, City Clerk **~~~*