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HomeMy WebLinkAboutCity Council/PCDC Minutes 07/14/2003July 14,'2003 Vol. 39, Page 49 ~ALU a ': ~ C'i of eta-lama, C'al~f®~n-aa REGULAR MEETIfVG OF THE PETALUNIA CITY COUNCIL X85-8 . AN'D PETALUMA COnAM.UNITY DEVELOPnAENT COMMISSION City Council/PCDC Minutes Monday, July l4, 2003 - 2:00 P.M. Regular Meeting 1 2:00 P.M.,-CITY COUNCIL CLOSED SESSION 2 3 CALL TO ORDER 4 5 A. Roll Call 6 7 Present: Members Harris, Canevaro`, O'Brien, Mayor Giass, Torliatt, 8 Moynihan 9 Absent: Healy . 10 li PUBLIC COMMENT 12 . 13 There was no public comment. 14 ~ . 15 ADJOURN! TO CLOSED'SESSION 16 17 • CONFERENCE WLTH LEGAL COUNSEL - Anticipated Litigation=Significant 18 Exposure to~Litigation (Gov. Code §54956.9(b) 19 20 CONFERENCE WITH LEGAL COUNSEL -Initiation of Litigation (G'overnment 21 C:ode,'§5"4956.95) (2 matters) 22 2'3 The City Council adjourned to Closed Session`at 20'S p.m. ~ , 24 25 3:OO:R,M. -JOINT CITY COUNCIL/PCDC SESSION 2'6 _ 2;7 GALL TO~O'RDER 28 29 A. Roll Call 30 ~~ 31 Presenf: Members Harris, Canevaro, O'Brien, Mayor Glass,.Torliatt, 32 Moynihan 33 Absent: Healy Vol. 39, Page 50 :July 14, 2003 1 B. Pledgee of Allegiance: 2 3 PUBLIC COMMENT 4 5 There was no public inpu#: 6 7 REPORT OUT~O~ CLOSED SESSION ACTIONS TAKEN. 8 9 There was no reportable action tciken. 10 11 CITY COUNCIL COMMENTS 12 13 Council Member Torliatt repotted on having attended the Cotati Kids F"grade 14 and 40'h Anniversary of`the City of Cotati on Saturday. 15 16 Mayor Glass reported on having attended "the Grand Opening of the offices of 17 Dr. Gordon Wong; Optometrist, on Safurday and the Ribbon Cutting for the Jelly 18 Belly store on Friday. 19 20 .Mayor Glass: also mentioned that he attended a conference in Santa Rosa, :on 21 Friday afternoon that Was also attended `by Assembly Members Patty Berg; P"at 22 Wiggins and' Joe Nation. He thanked Assembly Member Nation for keeping f;im 23 informed about th'e State Budget. It does not appear that, they are much closer 24 to any kind of budget resolution. 25 " 26 Mayor Glass :also mentioned a press release comirig' out of Was_hingto;n; D.C~. 27 from the office of Congresswoman Lynn Woolsey on Friday. H;e fhdnked 28 Congresswoman Woolsey for spearheading the successful request through .the 29 subcommit e.e than will determine the initial request° for the appropridtion o.f ,our 30 flood control project. He also commended Fdul Marangella, as well,, f.or his. 31 outstanding presentations ,in Washington, D:C. and thanked Council. Merrmb;er 32 Torliatt who: joined him, along :with City, Ntanager Mike: Bierman an,d Director of 33 River Projects Tom Hargis o`n their most, rec_ ent trip: in May.. He: added, they had, 34 requested. $7.3M .and. that $7.3M has been recomms~nded by "the Nouse 35 Subcommittee in addition fo: another~$l M to contribute toward the dredging.. 36 He concluded; by' indicating .the $7.3M would' c:omplcte the, flood control. 37 project This action still. needs t:o go through the. S'enat:e and come" out :of the 38 Preside."nt`s budget:, but hopefu!{y all three can agree that`it'is a project that cdn. 39 be and should be comp eted::this.year. 40 41 .CITY MA_ NAGER COMMENTS 42 - 43 City Manager Bierman commented that. ;the County Youth Volunteer Corps 4.4 would be wor"king to clean up :the depot area next Monday and Wednesday. 4.5 Mr. Marangella will be treating them to lunch on that day. , 46 ` 47 July 14, 2Q03 Vol. 39, Page 51 1 AGENDA,CHANGES AND.DELETIONS to current agenda only. There were none. 2 3 1. APPROVAL OF'PRO'POSED_ AGENDA for August 4, 2003.. 4 , 5 MOTION to approve the proposed agenda: 6 7 M/S O'Brien, Torliatt. CARRIED UNANIMOUSLY. 8 9 2. CONSENT CALENDAR 10 11 A. Resolution No. 2003-T35 N.C:S. of the: City Council of the City of 12 Petaluma Regarding its Intention to Issue Tax-Exempt Obligafions~. 13 (Thomas.) 14 15 MOTION to adopt the resolution: 16 17 M/S Torliatt and Glass. CARRLED UNANIMOUSLY. 18 19 3. NEJAI $IISINESS 20 21 A. PCbC Discussion and: Action Regarding a Status Report on the 22 Keller Sheet Garage Pay Parking Program. (Marangella) 23 24 Paul Marangella, Economic Development and Redevelopment 25 Dire'c'tor, gave a status report on the Keller Street Garage Pay 26 Parking Program. 27 28 Commission Member Moynihan referenced having received 29 correspondence from Mr. David Rabbitt regarding citations that 30 are being given. 31 32 ivlr. Marangella noted there were a good number of citations given 33 and explained that anyone who had a technical problem with the 34 parking machines hdd'their citation thrown out.. Persons, who had 35 to pay citations were those who were in violation of'fhe time limit. 36 37 Council Member Moynihan commented that h'e 'feels people are 38 intimidated by the parking machines and have been avoiding fhe 39 parking garage. He would like that addressed going forward. 40 41 He also mentioned the number of short-term parking spots in front 42 of Tuttle's Pharmacy. He would like to see more than one space 43 installed for that purpose - he would like to see two more ridded. 44 45 -Staff responded they would like to refer that issue to the Task Force 46 and Council Member Moynihan was supportive of doing that. 47 Vol. 39, Page 52 July l4, 2003 1 Commission Member Torliatt indicated when this was originally 2 approved, she was. concerned by the fact that we wouldn't 'meet 3 the revenue numbers projected:. She added s-he would hope, with 4 this Task Force; we could get a mnimu.rn of 83 people signed upfio.r 5 the: remaining spaces, on the 2~d and 3~a floors. She commented on 6 the raised awareness that the Keller Street Garage is there, ~is clean,.. 7 is secure and is safe:.... 8 9 Commission Member O'Brien clarified with staff that they .are. 10 continu.irig with ,security and that the Redevelopment Agency is 11 ~ subsidizin'g the free parking, on the ground floor for two .months. 12 13 Commis"sign Member Harris indicated "the las thing anyone. wants. 14 to do is hurt business in the downtown,, so if is the prudent thing to 15 do by ihstituting the 60-day moratorium: on parking 'fees: on the 16 ground :floor. 17 18 Commission Member Cane.varo added he feels you won't get full 19 usage of f.he. garage until there is metered parking installed in the 20 ~ City. 21 22 Chair Glass indicated .he hoped the powntown Association" gets 23 busriesses't;o utilize the upper floors of the~gc~rage. 24 25 ~ The; City Counc/ accepted the status report`: 26 27 B. PCDC. Resolution. No. 2003-05 Accepting -the Completion of the 28 Keller Street Pdrking' Structure Improvemenl~s .Phase II, Project No. 2.9 9993 Estimated Maxirnu,m `Total Project Cost: $807;249: Funded by 30 Central .Business District Fund 901. (Mardngella:) 31 2 Paul . Marangella, Economics Development and Redevelopmenf 33 Direc-'tor, gave an overview of the improvements made. AAOTION to adopt the resolution: M/S'Torliatt an°d O'Brien. CARRIED l1NAN-IMONSLY: C. ?PCDC Resolution _No:. 2003-0'6 Authorizing fhE Executive Director to Enter Into along-Term.. Lease ,of, the. Petalurnq Railroad; Depot; with the NWPRA., (Marangella) Paul Marangella, Economic Development: :and Redeveloprnenf DirectoF, gave the staff reportre,gardin'gthe. long-term ledse°. July 14; 2003 Vo1.39, Page 53 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 4b 47 4'8 Commission discussion ensued, pointing out this is for the ecistern most parcel of 'the depot. The lease of the other portion of the property is in ahe works:. The issue is we have to move the team tracks off the, larger parcel before we can entertain a lease with SMART.: Once `the tracks are relocated, we would be free to enter into an agreement. MOTION to adopt the resolution: M/S O'Brien and Harris. CARRIED UNANIMOUSLY. D. Presentation and PCDC Resolution No. 2003-07 Approving the Plans and Specifications Prepared by Architectural Resources Group, Approving the~Project budget and Awarding the Contract for the Petaluma Railroad Depot Renovation Project, Phase 1, Project No. 9040. (Marangella) Paul Mdrangella, Economic Development and Redevelopment Director, gave a brief staff report. Commission Member Torliatt .suggested going out to bid again on the roofing. Commission Member Moynihan concurred. with Commission Member Tocliatt's request and asked that staff come back with the roof re-bid and to revisit the parking component as soon as possible. There was consensus on the Council to bid the roofing and bid.' parking lot improvements as soon as possible. MOTION to adopt the resolution: M/S Torliatt and Moynihan. CARRIED UNANIMOUSLY. E. PCDC Resolution No. 2003-08 Authorizing the: Purchase of Historic .: Streetlight .Fixtures for Downtown. improvements, .Phase I, .Projecf 9053. (Marangella) Paul Marangella, Economic. Development and Redevelopment Director, gave fhe staff report. PCDC. discussion ensued regarding construction, which would occur at night and the ~v~ater line in the street to provide for sprinkling in the downtown. It was also noted they will try avoid disruption to merchants in the downtown during the holidays. . , MOTIO'N'. to. adopt. the resolution: 1 2 3 4 6 7 8 9 10 it 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 vol. 39, Page 54 July 14, 2003 M/S O'Brien and Harris. CARRLED UNANIMOUSLY. JULY 14, 2003 - EVENING=SESSION: CITY COIINCiL CALL TO ORDER A. Roll Call Members Harris, Canevaro, Healy, O.'Brien, Mayor Glass, Torliatt, Moynihan B. Pledge of Allegiance ., C. Mornent.of`Silence PUBtLC COMMENT David Libchifz Petaluma, addressed th'e City Council regarding the Campaign Finance Reform Ordinance and implied there may h<~ve been Brown. Act violations due to the majority of the Council being familiar with the prop.osal`, ultimately proposed. by :Council Member Moynihan. He :urged the: Council to consider a citizens committee to review any potential changes to ,the Cify's current ordinance. Stan Gold, Petaluma, addressed the ~ City Council regarding the Campaign Finance Ordinance arid. the billable legal hours wasted on behalf of the City Attorney in proposing changes too the .ordinance; when ultimately Counci). Member Moynihan made other, different changes. He si~ated ~he was troubled with the doubled cap on contributions and the elimination of public financing. CORRESPONDENCE There was none. COUNCIL COMMENT AND_LIAISON REPORTS Council Member Torliatt r„eported on the Zone 2A Meed~ng to-'-take place. on Thursday,. July 1 T, 2003 at 2 p.m. Council Member Moynihan~comment:ed on "VLF (Vehicle Lice.ns.e Fee) funding, indicating there will" be no bdekfill for the iasf 1.0 days, whie:h will b.e. a $500,000 lit to the City. He stressed the result of needing to drawn down. on reserves further. Given this situation; he recomrnend,ed bringing this issue baek° for discussion to the Council'in order to amend'the budget: July_ 14, 2003 Vol: 39, Page 55 ... 1 City Nlanager,Berrnan indicated~he feels'if is premature to discuss thatissue at 2 this time and if would be more appropriate to have that discussion when fhe 3 State budget is adopted. . 4 5 Mayor Glass reported on .having attended' a NCLOCC Meeting regarding the 6 State budget and indicated he is ,guardedly optimistic that (here will be a State 7 budget adopted soon. 8 . 9 CITY MANAGER COMMENTS - These were none. 10 ~' . 11 4. PUBLIC HEARINGS 12 ~- 13 A. Discussion and.Adoption of Resolution No. 2003-13'6 N.C.S. Ordering 14 Abatement of `Nuisance Consisting of Weeds Growing on T5 Public/Private Property in the City of Petaluma and Ordering the lb Fire Chief to Re.rriove Said `Weeds by Contract or His Own Forces. 17 (Ginn) _ 18 i9 Battalion Chief Art Fanucchi gave the staff report. 20 21 Mayor Glass opened the public hearing. 22 23 Ric-hard Parker, Petaluma, addressed the City Council regarding 24 fhe Greystone property and the amount of weeds on that 25 property. He remarked further that land owned by the school 26 district is also filled with weeds and something should be done 27 about that: He thanked the Fire Department for the excellent EMS 2$ service they provide. 29 30 Hearing no further requests to speak, Mayor Glass closed the Public 31 Hearing. 32 33 MOTION to adopt the resolution: 34 35 M/S Healy and O'Brien. `CARRIED UNANIMOUSLY. 36 37 B. Public Meeting to Hear Testimony Regarding the Annucil 38 Assessments for the Landscape Asses"smehf Districts and the Setting- 39 ofi a Public Hearing. (Arichordoguy) 40 41 1. .Resolution No. 2003-137 N.C.S. Describing Improvements 42 and Directing Preparation of Engineer's Report for Fiscal 43 Year 2003-2004. 44 45 2. Resolution No. 2003-1:38 N.C.S. of Preliminary Approval of 46 Engineer's Report for Landscape Assessment Districts for 47 Fiscal Year 2003-2004. 48 vol. 39, Page 56 July 14, 2003 3. Resolution. fVo. 2003..-139 IV.C.S. of Inters#ion" to Qrder the„Levy and Co'Ileetion of Assessments:f.or Fiscal Year 2003.2004. Mayor' Glass .opened the public hearing. Hearing no further requests 'to speak, Mayor Gldss,.closed the.Public Hearing. AAOTION to adopt fhe above referenced resolutions` Seporate votes were taken. on the fol%win~ vireos so as ao~ allow for abstentions due fo conflicts o`f interest. :All resolutions with exception of thelisted areas: With, regard to LAD Area #32;- W,is'teria: M/S Torliatf and O''Brien:.CARRIfD by the following vote: AYES: Canevaro; Healy, O'Brien; Glass, Torliatt, Moynihan NOES; None ,ABSTAIN.: Harris With regard to LAD Area#39 -Willow Glen; M/S Hedly and~0''Brien. CARRIED by the follo~Ning vote: AYES,: Harris, Healy, O'Brien, Glass, Torliatt, Moynihan _ NOES: None ABSTAIN: Canevaro With. regard ;to. LAD Area #30 - Kingsfield and LAD Area #27 - Graystone Creek: M/S O`Brien and Glass, CARRIED by the following ote: AYES: C:anevaro> Harris, Healy; O':Brien> Glass, Moynihan NOES': None ~ . ABSTAIN: Torliatt .All resolutions including .all the remaining areas:. M/S He.aly.:and O'Brien. ,CARRIED l1,NANIMO.IJSLY. C. Discussion, a_nd Introduction (Firsf Reading) ~f .Ordinance No, `215.7 N.C.S. Approving, a Development Agreement with Basin Street Properties .,for the Redevelopment :of th,e Theatre District and Approving Resolution..No...;2003=1'40 N.C.S. Adopting a Mitigated. Negative Declaration Thereon: (Marangella) July 14,.200.3 Vol. 39, .Page 57 1 2 Council' Member Moynihan tecused himself from discussion. and/or action, 3 on this item t:o avoi'd' the perception of a conflict of interest,. as he knows a 4 number of the parties involved. 5 6 Council NI'ember Moynihan /eft the Council Chambers at 7: 25' p. m. 7 8 Pauf Marangella, Economic Development and Redevelopment Director; 9 gave the staff report and introduced Matt White, who went over 'the 10 proposed project in greater detail. 11 12 Mayor Glass opened the public hearing: 13 14 Superb 7, Petaluma, addressed the City Council in support of the 15 Downtowr Theatre District. 16 17 Hans Grunt, Petaluma, addressed the City Council in support of fhe 18 Downtown Theatre District. 19 20 Derek .Simmons, Petaluma, addressed the. City Council,. indicating that 21 although staff is recommending additional wording to the development 22 agreement to protect river-dependent industries, it is not the wording he 23 had recommended. He urged the Council to adopt the wording he had 24 recommended. 2'5 26 Katherine Rinehart, Petaluma, addressed the City Council, referring to the 27 two letters she submitted regarding the warehouses currently occupying 28 the land that were identified as visual landmarks in the Central Petaluma 29 Specific Plan and have been determined to be significant resources that 30 contribute, to a historic district. She asked that -the Council pay careful 31 attention to ffie way Petaluma remains connected to its heritage as these 32 valuable resources are replaced. She recommended the developer 33 make a substantial financial contribution to a "City of Petaluma Historic 34 Preservation Fund" and to consider retaining parts of the buildings or 35 creafing some other structural reference to the ware'ho'uses, and 36 incorporating this into the proposed open space at the foot of E Street. 37 She concluded by stating the project has not received the kind of public 38 review and input that it warrants, given its 'importance to Petaluma in 39 economic and urban design terms. She suggested the developer solicif 40 comments on addressing the historic context of the project and 41 appropriate mitigation from a cross section of individuals in the 42 community with an interest in the project. 43 44 Skip Sommer, Petaluma, addressed the City Council, indicating he is very 45 excited about the proposal and development of Petaluma's Historic 46 downtown. He commented he likes the idea of history windows and 47 urged Council's support of the project. Vol. 39, Page 58 1 July 14, 2003 2 City AAanager Bierman gave a recap of fhe proposed project.. 3 4 Council. Member Torlatt commented this is, the i~rst major step toward 5 ~ redeyeloprnent and enhancement of the downtown. She indicated the. 6 basic deal. points are fair to .both parties. She added this was an incredibly 7 well negotiated and well-writfen document and it is a .good financidj deaf 8 for the City: She pointed out this will result is, the public use of 2] 6' public 9 parking spaces 'for a 20-year period arid' the .project will .improve 10 dilapidated infrastructure and -stree.fs, will creafE: jobs for construction 11 workers which p.ay prevailing wages; aril the document includes anti- 12 discrimination clauses. She concluded by stating, "timing, is everything°' 13 and credited the City Managerfor pulling it all together. 14 15 Council Member Harris commented the. project is consistent with :fhe 16 Central Petal'urna Specific Plan and will. expand the City's tax '.base.; 'He 17 stated when #his is approved, it will be one more step. closer to Petaluma''s 18 "renaissance." He indicated he feels'the issues have been addressed. 19 20 Council :Member Canevaro stated his support for the. project and echoed 21 comments made by others. 22 23 Councia Member Healy- commented on the issues raised earlier. He 24 'indicated' the notification language a"s proposed by staff is' ade.guate and 25 appropriate. H.e agreed with other Council Members that this would .be d 26 jurnpstart to the revitalization of the downtown. He thanked Matt White 27 and' his team, recognized City staff as well, 'and noted there is a lot of 28 paper- .and a lot of detail That is before the Council. Council Ivlerriber 29 Healy additionally recognized the Superb 7 for ;their never-wavering vision: 30 and recognized the. SPARC and 'Historic SPARC for the number of .hours of 31 review they put into this project. Council M`e,mber Healy concluded Iby 32 commenting on the adaptive reuse of the historic structures. 33 34 Vice Mayor O'.Brien thanked staff, the City Manager and Matt White for 35 their efforfs in -bringing this project forward; H'e also comm'ended.:the 36 Sup:er,b 7 for spurring this exciting revitalization. of the Downfown Theatre 37 Districf. He shared concerns of Derek Simmons regarding language: in the 38 agreement, but after fialking with staff ..has been assured the river uses will 39 be protected. 40 41 Mayor Gl'a_ ss thanked Council Members. Harris, Canevaro and O'Brien for 42 their irisightfulness and ;pati'enee as the Council worked through the 43 Central Petaluma Specific Plan and added w_,ithout a growth. measure., 44 this would .not h-ave. happened..- He thanked M, a.tt White and indicated if 45 took courage to'bring'this prgject.forward. 46 July 14,.2003 Vol. 39, -Page `5Q 1 AIfOTION to introduce the ordinance with the recommended 2 amendments to the 'Development Agreement and to adopt the 3 resolution: 4 5 M/S Torliatt and Healy. CARRLED UNANIMOUSLY. (Moynihan 6 recused.) 7 8 D. PCDC Discussion anal. PCDC Resolution. No. 2003-0.9 Adopting an 9 Owner Participation Agreemert with Basin Street Properties 10 Involving the PCDC Financing ofi Capital Improvements in the 11 Downfown Theatre District and .Adopting a Mitigated Negative 12 Declaration Thereon. (Marangella) 13 14 MOTION to adopt the resolution with the recommended 15 amendment to the Owner Participation Agreement: 16 17 M/S Torliatt and Healy. CARRIED UNANIMOUSLY. (Moynihan 1;8 ~ recused.) 19 20 E, Discussion and. Introduction (.First Reading) of Ordinance No. 2158 21 N.C.S. Amending Ordinance No. 1 U72 N.C.S.. (Zoning Ordinance) 22 Adding. Article 19.7 ``T-C, Theatre Combining District" with .Findings 23 Recommended by the Planning. Commission. (Marangella) 24 25 MOTION to adopt the ordinance: 26 27 M/S' Torliatt and Healy. CARRIED UNANIMOUSLY. (Moynihan 28 recused.) 29 30 The Council took a recess of 8::30 p. m. to 8:40 p. m. Council t~erfiber 31 Moynihan refurned to the Council'Chambers at 8:40 p. m. 32 33 F. Discussion and Possible Action. Regarding Recommendation from 34 the Planning Commission fio Approve: (A) Resolution Adopting a 35 Mitigated Negative Declaration for- a 47 Single=Family Lot And 46 36 Town Home> Lot. Subdivision Located on the 1`7=Acre Gatti ..Nursery 37 Parcel at 71 O Sonoma .Mountain Parkway; ('B:) Resolution Approving 38 Rezoning the P"roperty To a Planned Unit District for the "Gatti" 39 Subdivision; (C) 'Resolution Approving a Tentative Subdivision Map 40 for fhe "Gatti" Subdivision; anal (D) Resolution Approving Planned 41 Unit District Development Guidelines for the "Gatti" Subdivision. 4'2 APN 137-070-079. (Moore/Robbe) 43 44 Tiffany Robbe; Associate.Planner, ..gave the staff report anal 45 indicated that the Planning Commission and staff recommend 46 support for the subdivision. 47 Vol. 39, Page 60 .July 14, 20.03 1 Council Members Torla'ft, Canevaro :and :INayor Glass indicated' 2 they had met with thee: developer independ"cntly earlier'n the week 3 to discuss this project. 4 5 .Matt Hudson, Developer, addressed; the City Council indicating 6 they agreed with the conditions and conclusions in the draff 7 resolution rezoning the property to FUD, except as .noted: 8 " 9 #7. They,did not believe there is: a .:nexus sufficient to place on this 10 subdivision the, entire cost to. construct' ,he `bridge. They agreed to 11 work with the City," "to determine a location ',far the bridge and to 12 con#ribute their fair share of the co t 'to construct the bridge. If' 13 Council decides -they :are responsible, they requested the City to 14 require "them to deposit funds for fhe construction and that the-City 15 or Junior College bu.'ild the bridge. Since- design and placement ~ 16 depend on action by the City and Junior-College and may take 17 considerable. time, they requested to be. allowed. to post a bond 18 for any obligation placed on them rather t,ha,n delay subdivision 19 approvals. 20 21 #8. Their objections and requests are th,e~sarne as in #7. 22 23 #1'2. Th'e pond is on property they will dedicate to the City for'the. 24 Urban Separator. They do note believe they are responsible to 25 landscape' or improve the pond. If ~CounciC cue"ci:des they are, since 26 they do snot know when the City will resolve fhe issue, they,asked to 27 be allowed to post a bond for any obligation pCaced on fhern 28 rafher than delaying the subdivision approvals. 29 30 #21. They agreed to this condition excepa the 'timing.. They do not 31 believe the final map and' improvement plans should; be delayed 32 for a streambed dlte~ation permit, They agreed to not work. in the 33 channel until. they obtain such a permit. 34 3:5 #31. They agreed "to this condition so Fong as condition 13 is 36 incorporated rota it. 37 3$ #32. They' objected Ito this condition regarding ;the width' of 'Public 39 Road E. "For most of its, length, Road `E is =28' feet wide, They have. 40 created traffic calming devices by narrowing the :roddway to 24 41 feet wide fora .distance of 30 feel from th'e intersection at both 42 ends: of the street: ,This is consistent with (,and suggested by) °the 43 Corona/fly :Specific Pfan for entrances" into neighborhoods.. M[: 44 Hudson 'indicated widening these areas, would make i,t impossible 45 t:o meet' the Fire :Marshal's radius; ,requirements and the Planning 46 Co;mmission's desires fo,r design of the town homes without losing., 2 47 additional units. 48 July 14-;2003 vol. 39, Page 6`l 1 #33. They objected to this condition regarding. requirement of a 2 - cul=de-sac. The hammerhead shown on the plans provides d 3 .reasonable means for motorists to turn around and meets the 4 requirements of'fhe Fire marshal. A cul-de-sac will take substantially 5 ~ ~ more room from the park.. 6 7 #34. They objected to this condition, as the alleys are 24 feet wide 8 wherever cars will make turning movements into garages. They 9 narrow to 20 feel only dAt the entrances off Casella and off 10 Yorkshire. The 20-foot width .extends only 55 feet in bofh places and 11 meets the Fire Marshal`s requirements. The reasons for this are: l ) 12 to delineate the difference between the public streef and the 13 private alley, .and 2) to avoid the loss of 2 additional units while 14 respecting the Planning Commission's desires for design of the town 15 homes.. The rolled curbs are limited to this same short area. and are 16 intended to meet the requirements of the Fire Marshal; emergency 17 vehicles will be allowed to drive off the road and onto the walkway 18 to obfain access to th:e town homes fronting the interior park. The 19 rolled curbs make this easier. 20 21 #53. They objected to this condition, as the installation of a 22 rainfall/stream gauge station is a matter of Citywide concern and 23 not related to this subdivision. He indicated they pay flood 24 mitigation fees for this purposed. 25 26 #54. They objected to this condition, as fhe installation of fhe pipe 27 is a matter of Citywide concern and not related to this subdivision. 28 29 Mr. Doyle Heaton addressed the City Council in support of the 30 recommendations of Mr. Hudson. 31 32 -Mayor Glass opened the public hearing. 33 34 Lianne Smith, Petaluma, addressed the City Council with traffic, and 35 safety issues and concerns. She asked that Yorkshire Road no be 36 used as the entrance to the subdivision. She would like to 'see a 37 redesign to allow for an entrance at the corner by the Santa Rosa 3'8 Junior~College. 39 40 Jeri "Shubert,, Petaluma, addressed the .Council with concerns 41 regdrdirig fhe Buckingham neighbors,. who would prefer the 42 properties abutting, their backyards be limited to eight properties 43 and to move the fence six feet further away with an added 44 elevation to increase privacy for them. 45 46 James Peavy, Petaluma, addressed the City Council with concerns 47 regarding the elevation of the homes and the fence abutting the 48 Buckingham neighbors. He 'indicated there were many others who 2 3 5 7 8 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 Vol. 39, Page 62 July 14, 200.3 wanted to attend, the hearing tonight but couldn't due ;to child care issues. Stan Gold, Pefalurna; addressed concern fhat fhis devel'oprnent development impact`fees.. the City.. Council expressing his is 'not paying, ifis fair sha`re' of Vince Landgf Petaluma, addressed the City Council regarding the traffic impacts on Citystreets resulting from this development. Hearing no furfh_er requests,t'o speak, Mayor G.la~ssclosed the Public Hearing;. - ' Mr..Hudson noted they cannot lower the subdivision pads at the back. of the project and. there, is'no extra space for the. fence. Council Nlemb:er To[liatt comrrmented on the number of open points of contention and expressed concerns regarding the number of units behind the Buckingham residents, elevation differences,. traffic circulation, dual irrigation piping, solar hookups, the park. issue as it °relates to being a public passive. park and the need for setting up a Landsc-ape Assessment District#, who hould b'e responsible for insta ling the bridge,, the need for story poles along B'uekirigham, and the hope that new developer fees will. be in place before December. In response to quesfions from the Council, the Traffic Consultant explained how traffic counts were taken and stated he feels they are accurate and reflect school conditions. Council discussion continued regarding the substantial amount of time the Planning Commission has spent on this project. The ,noise from. air-conditioning units behind G & G Market was' noted as well. Council Nlember'Canevaro indicated'he would consider looking. at losing one home behind the Buckingham residents; the elevation for drainage, a,nd to~ review the traffic concerns. Ne indicated concerns with adding a bridge but indicated the general concept ofithe plan is good. Support for the requirement for '.the purpose pipe, to allow bonding around some requirements, allowing the backyards of the subdivision to abut the backyards of the Buckingham residents; and allowing for 24=foot street widths was expressed by Councif Member Healy, ` .July l 4, 2003 Vol. 39, Page '6.3, 1 Council discussion focused on the need to have this matter 2 referred back. to staff to work moreclosely with the developer and 3 surrounding residents on the issues and concerns expressed.f 4 5 Couneil Member Moynihdnstated the Gatti 'Park design would be before 6 the Recreation; Music, and Parks Commission on Wednesday: He also. 7 indicated his agreement with the developer on conditions #7 and #53. 8 9 M°OTION to continue: this matterto August 4, 2003 for the evening session: 10 11 M/S Healy and Harris. CARRIED UNANIMOUSLY. 12 13 ~ The City Council recessed from 10:15 p. m. to 10:23 p. m. 14 15 5. UNFINISHED BUSINESS 16 17 A. Discussion arid. Consideration of (1) Approving a Charter 18 Amendment t`o Allow the City to Collect a Utility Users Tax (UUT); 19 Subject to Voter Approval; (2) Approving an Ordinance Adopting a 20 UUT on the lJse of Gas and Electricity, Subject to Voter .Approval; 21 and (3) Adopting Resolutions Placing the Charter Amendment and 22 Ordinance. on the .November 4, 2003 Ballof. (RudnansKy/Petersen) 23 . 24 1. Resolution. No. 2003-1.._4.1 N.C:S. Calling and Giving Notice of 25 a Special Municipal Election to be Held on Tuesday, 26 November 4, 2003 for a Charter .Amendment and. 27 Companion Measure Regarding a Utility Users Tax. 28 29 2. .Resolution. No. 2003-1:42 N.C.S. Requesting 'the Sonoma 30 County Board of Supervisors to Consoliddte a Special 31 Election for the City of Petaluma. on Tuesday;. November 4; 32 2003 with .any Other Election. Held on the. Same Date in 33 Territory That is the Same or is in Part the Same. 34 35 3. Resolution No. 2003-1.43 N.C.S. Providing for the Filing of 36 Arguments'for City: Measures Submitted at the November 4> 37 2003 Special Election. 38 .. 39 4. Resolution Authorizing .Submission of Written Arguments 4Q `Regarding the Charter'. Amendment and Companion 4'1 Measure Regarding a; Utility Users Tax. (Optional). This 42 resolution was not ,acted upon by the City Council. 43 44 5. Resolutibn'~No. 2003-144'.N.C:S. Directing the .City Attorney to 45 Prepare an Impartial. =Analysis .of he Ballot Measures to be 46 ~ Voted. on dt the November 4, 2003 Special Election 47 Regarding a Utility Users Tax. Vol. 39, Page 64 JUIy 14, 2003 1 2 City Attorney Richard Rudiansky ,gave an overview of the 3 proposed' .ballot. measure and. asie;ed for Council! guidance 4 regarding including the list of streets .and th:e amount of'the cap to 5 be used for non-residential users. __ 6 .. 7 Mayor Glass opened the public hearing; .. ~. 8 9 Richard Parke,, Petaluma; addressed the 'City C`ouncif iri opposition 10 'to..a Utility' User's Tax and indicated he feels it should be d parcel tax 11 instedd. 12 13 Stan Gold, Petaluma; addressed the City Council, ,pointing out the 14 relationship ~of this pothole tax to the fact `That developrn,ent tees 15 are not. up to par... He recommended that prior to placing this 16 matter before th'e voters, the ~Cou.ncil consider increasing 17 development fees. , . 18 ~ 19 Jan'ice.'C,aderThompson, Petaluma,_:addressed the :City C'oun'cil,. 20 urging them to be specific about'the~ streets to be done: She ;also 21 asked that 'they' consider'p(acng the measure on the March '20b4• 22 or November 2004'ballot. 23 _ 24 Y.ince Landof, Petaluma, addressed the Council and, indicated he 25 agreed with Janice Cader-Thompson. He also encouraged the: City 26 to check to see the number of renters in town and to hold the 27 titleholder of the property accountable-for :the tax. Hearing no further .requests to speak, Mayor Glass closed the P:ub[ic Hearing. 32 Council .Member Moynihan agreed with. comments by Janice. 33 Cader-Thompson regarding th,e need to list fhe. s'freets to b'e fixed. 34 He dlso supported ,placing the measure on'the ballot in. March, 2004 35 and not this November., He indicated he was. opposed to the 36 suggestion bf striking; the words `'electrical;. energy; gas" from the 37 first paragraph of theproposed Charter AmEndrnent language, 38 39 Afiter a brief City Council :discussion regarding ~tle. striking of those 40 three words; the City Attorney agreed that`they-shoo"Id be left in.. 41 - _ 42 Co.uncif M'embec Tocliatt indicated hey support for moving forward. 43 for ~pl'acement of :the measure on the November ,2003 ballot and, 44 asked the statement' regprd_ng "Petaluma has the. worst streets in 45 Sonoma County''` in ~fhe County be 're:rnoved from the Ordinance 46 language. 47 , July 14, 2003 Vol. 39., Page 65 1 Council Member Harris agreed with the timing of the proposed 2 measure, but` would prefer March. He also indicated support for 3 listing the streets and would support a $15,000 cap. 4 5 Council IVlember Canevaro commented that March 2004 may be 6 abetter time and expressed concern that if we were to list the 7 streets it doesn't leave any room for error. 8 9 Council Member Healy commented if the Council were to wait 10 until March 2004 for the election, it would possibly compete with 11 other tax ballot measures. He additionally supported the $15,000 12 cap and supported Option # T for the "Use of Tax Proceeds" 13 segment of the ordinance. 14 15 Vice Mayor O'Brien supported a November 2003 election, 16 supported Option # 1 for the "Use of Tax. Proceeds" section, 17 supported a $1.5,000 cap, and indicated his willingness to 18 campaign for the Utility Users Tax out in the. community. 19 20 Mayor Glass indicated. his support for a November 2003 election 21 and for Option # 1 regarding the "'Use of Tax Proceeds" language. 22 23 Council Member Harris indicated he would support the CAC to be 24 the designafeci group to submit the ballot argument. 25 26 MOTfON to adopt the resolutions as proposed, with the ballot 27 measure language to include Option # 1 regarding "Use of Tax 28 Proceeds," setting the cap at $T5,000, and leaving in the words 29 "electrical, energy, gas." 30 31 M/S Healy and Glass. 32 33 AYES: Harris, Canevaro, Healy, O'Brien, Mayor Glass, Torliatt 34 NOES: Moynihan 35 36 MOTION to continue with the. remainder of the agenda CARRIED O'N A 6-1 'VOTE 37 (Torlatt voting NO). 38 39 b. NEW BUSINESS 40 41 A. Discussion .and Possible Direction on Cross-Town Mobility 42 Enhancement Options for Inclusion in General Plan 2004-2025 43 Alternative Analysis. (Tuft) 44 45 Pamela Tuff, .Director of General Plan, .gave a presentation on the 46 Cross-Town: Mobility Enhancement Options for inclusion in the 47 General Plan. 48 Vol. 39, Page 66 July 14, 2003 1 City Council' .discussion ensued regarding the. various options and 2 the. need to gather as much information as possible on all- the: 3options listed. Concerns; were raised regarding the expansion of 4 Old Redwood. Highway and the need fo look at an underpass or 5 an overpass, with, regard to Rainier. 6 7 Public Input: 9 Janice Cader-Thompson, Petaluma, addressed the .City Council, 10 stating it seems as though some alternativE;s are missing from the 11 .list. She commented on the Corona Road northbound and 12 southbound -off-ramps and cau#ioned that it is not good to have 13 too many on and off ramps too close together. 14 15 Vince Landof, Petaluma, addressed the.. City°Council and indicated 16 if the- people of Petaluma recognized the funding for this would 17 come out of their pockets they wouldn't'vote for it. 18 19 Dugne Bellinger, Petaluma, .addressed the Litt' Council, indicating 20 they should allow people to shop in their own areas.. by .designing a 21 community o people d`o not. have. to drivE~ across town. He also 22 suggested schools be within walking distancE~ of subdivisions.. 23 24 Council AAernb'er Torliatt noted thdt CalTrans is running out of 25 money on all' of their contracts and if any of these ;interchanges 26 were to be donee, they would. have to be locally funded. She 27 questioned. what basis is the Council making their election to 28 remove any of the options, as it is not clear in the staff report. She 29 indicated there is a need to see wha.f projects are. the bes;f cost 30 benefit ratio and -focus on trip reduction, not necessarily building for 31 the peak demand. 32 33 .Council Member Moynihan noted the Council had. voted on a4-3 34 vote to include across-town connector anc~ highway interchange 35 into the design for- the Sonoma Ivlarin Narn~ws 'project. He noted 36 the Council did not gef ;the support of the SCTA, at that tune .to 37 include it in the list and the design criteria. He indicated we -are 38 missing out on state funds for environmental clearance work that is 39 being done and eventual design and construction, of that; He 40 added he feels we have the opportunity to achieve ~sta e funds if 41 the Council acts. The Council needs to act to say they want a 42 highway interchange at approximately this location and we could. 43 work with CalTrans to process that forward. He continued.by stating 44 that for us to be able to .make this- a reality and to provide the 45 circulation irnprovemenfs and public safety necessary for our 46 community, the Council needs. to be d~cisve in movin.'g~ this. 47 forward. He stressed the necessity to not be broad based with this 48 and to narrow the decisions. July 14, 2003 Vo1:39, Page 6'7 1 2 Council Member Healy suggested going ahead and looking at all 3 the. dlternatives, as weir. as Rainier with an overpass and with an 4 underpass. He suggested getting the first cut and coming back 5 with th°e results for Council input. 6 7 City Manager Bierman commented on the reality that there is n'ot 8 enough money to do any of these alternatives at this time,. but 9 expressed the validity of including all of them in the alternatives 10 analysis. 11 12 There wvs no City Council action taken, :but direction was given to 13 model al/ of the alternatives, inc/uding 3A and 3B, in the 14 alternatives analysis. 15 16 B. Discussion Regarding Composition of and Upcoming Appointments 17 to the City of Petaluna's Various Boards, Commissions, an,d 18 Committees. 19 20 (Due to time. constraints, this item was continued to the August 21 4, 2003 City Council Agenda.) 22 23 24 ADJOURN 25 26 The meeting was adjourned at 12:00 p.m. midnight to Monday,. August 4, 2003. 27 28 29 30 31 32 David Glass, Mayor 33 34 3'5 36 ATTEST` 37 38 39 Gayle P terser, City Clerk 40 41 42 43 44 ****** 45