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HomeMy WebLinkAboutCity Council/PCDC Minutes 06/02/2003June 2, 2003 Vol. 38; Page 483 ~ALU aw . ~ C'it,~ ®f'I'etala, Calif®~~a ._ R.EGULAR'MEETING 185:8 ~ OF THE' PETALII'MA CITY COUNCIL AND PETALUAAA • COi1A~MUNITY DEVELOPIUIENT COMMISSION City Co.unc-it/PCDC Meeting Minutes Monday, Jurie,2,:2003-3:00 P.M, Regular Meeting 1 CALL TO ORDER 2 3 A. Roll Call 4 5 Present: Members Harris, Canevaro, Nealy, Moynihan, O'Brien, Torliatt 6 an,d. Mayor Glass 7 8 B. Pledge. of Allegiance 9 10. PUBLIC COMMENT 11 12 Ge~ald"Moore; Petaluma, addressed the City Council regarding the need to 13 move fiorward with the purchase of 3880 Cypress Drive. 14 15 ADJ.OURIV TO CLOSED SESSION 16 17 Conference with Real Property Negotiator -Pursuant to Government 18 Code §5,4956.8. Property: Two Parcels Located on the 4000 Block of 19 Lakeville° Highway (APNs 017-170-002 and 068-010-026). O"ne Parcel 20 Located Southwest of the City's Oxidation Ponds (APN 019-330-009). A 21 Small. Portion of-One Parcel Located at .3880 Cypress. Drive (APN. 005-090- 22 062). Negotiating Party: Michael Bierman/Michael Ban. Undei- 23 Negotiation: Price., Terms or Payment, or Both. 24 25 The City Council adjourned to Closed Session at 2:05 p.m. 26 27 3:00 P.M: -AFTERNOON SESSION 28 -CALL TO ORDER 29 30 A. Roll Call 31 32 Present: Members Harris, Canevaro, Healy, Moynihan, O'Brien, Torliatt 33 and Mayor Glass 34 35 B. .Pledge of Allegiance 36 Vol. 38, Page 484 June 2, 2003 1 PUBLIC COMMENT 2 3 David Lbchtz; Petaluma, addressed the City Council regarding appointmenfs to 4 intergovernmental agencies and asked "that: the Council, supp°ort a 5 representative from Petaluma to serve ~on the 0.pen Space District .Advisory 6 Committee;. as, welt as stressing the' importance "of' Petaluma being represented 7 on each of the ag,ericies. - 8 9 .Lloyd Larsen, Petaluma,. addressed. the City Council.. regarding the possibility o:f' a. 10 tax for `repairing street's and stressed the need:, for rno,nes> should. it pass,.to_,be 11 specifically designated for street repairs. He con"eluded by commenting on-how 12 Vehicle License Fee ,monies are not taking-care of road re~>air needs... 13 ' 14 REPORT OUT OF` CLOSfD. SESSION ACTIONS TAKEN -There was no reportable 15 action taken. 16 17 CITY COUNCIL.COMMENTS 18 19 Mayor Glass; noted he would be asking the Council to consider a Resolution 20 Opposing a Station Casino and Federated Indians -bf Graton ~Rancheria 21 Proposed Casino Project. _ 22 .. 23 Council, Member Moynihan reported' on the recent Recreation., Music, and- Parks 24 C:ornmission's .meeting where they are continu. ing to_discuss dog parks .and how " 25 to .improve the-current situation where foxtails have. become an issue:. ~" 26 27 Council Member Moynihan also noted he ha,d .met with the finance pire~etor 28 regarding the budget, including ffem " K'` on tonight's Consent Calendar. N'e 29 .indicated it was determined that there was rio Project 9732 currently in th'e 30 budget and, that is why the item was .removed for consideration from the 31 agenda this evening;. " 32 33 Council MemberTo~liatt noted she had attended the fndan Casino meeting and 34 indicated she was glad .the community was given the opportunity to be he"ard 35 and educated regarding the proposal. She indicated the Mayor was. a,t the 36 meeting also and stressed fflere is a need to stand, united on addressing the 37 locatioh of this casino. 38 39 Council Member Torliatt noted the upcgrning fundraiser on August btn at 7:00 40 p.m. sponsored by the. Polly Klaas Foundation, for the 'renovation of fhe Polly 41 Klaas Art Center. 42 43 Couneil Member Harris reported on the Airport Commission Meeting and an 44 upcoming fundraiser on June 14!" from 10 a.m.'to.2 p.m. 45 " 46 Council Member Caneva~o reported his attendance at the Pedestrian and 47 Bicycle Committee Meeting where they continue to discuss; TDA funds for bicycle June 2, 2003' Vol. 38, Page 485 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 paths.. He 'indicated they would be rne:eting of fhe E. Washingfon and MacGregor Streets: gate 'to have a discussion with interested comrriunity members on June 3~d at 8 a.m. , Council Member Torliatt reported ~ on having attended the Water Advisory Committee Meeting earlier in the. day and noted the schedule for the biological assessment of the Russian River is .due in October. She also noted Santa Rosa is initiating discussions regarding increasing reserve funds for the Operation and Maintenance Account. Vice Allayor O''Brien clarified wifh' Council... Member Moynihan (as the representative; on the Recreation, Music, and Parks Commission) that June 28!h would be Accordion Day in Petaluma. Mayor Glass reported on the recent trip t,o. Washington, D.C. to lobby for federal funds. H.e stated he feels the trip was effective and he remains optimistic that the City will get money to support -the flood .control project. CITY MANAGER COMMENTS The City Manager noted the Canpaign Finance Ordinance .matter on the agenda. this evening would be deferred for discussion to June 16, 2003 at the evening session. The City Manager then presented d series of dates for the Council to consider the FY 2003-b4 `Proposed Budget. The. Council agreed to meet on the following dates to hear departmental presentations: Wednesday, June 4, 2003 .Monday, Jurie 9, 2003 Tuesday, June 10, 2003 Wednesday, June. l l ,-2003 .Monday, June 16, 2003 ;6:00 - 9:00 P.M. 5.:00 - 7:00 P.M. 3:00 = 6:00 P.M. 6:00 - 9:00 P.M. 7:00 P.M. -PUBLIC HEARING AND ADOPTION AGENDA CHANGES AN'D DELETIONS There were no changes made to the current agenda. T. PRESENTATIONS. A. Supervisory Academy Certificates Dennis Morris, Director of Human Resources, presented certificates to the following individuals for their participation: Ken Burnett, Community Development Trae Cooper, G1S Vol. 38, Page 486 June 2, 2003 1 Scott Quivers, General Plan 2 Merlene Fundaro, Human Resources 3 Chuck G.oucher, Fire Department . 4 Kevin Hornick, Public Facilities & Services 5 Cliff Kendall, Community Development . 6 _ D.J: Phimiste;r Police pepartmenf 7 Sherry'Pimsler Public Facilities 8~ Services- + 8 Russ Rasmussen, Fire Department ' 9 ~ Cind.e Rubaloff, Finance Department 10 11 The following' persons completed the Acaderny;but were .unable to 12 be present 'to receive their certificate: ~ ; 13 14 Philip Suasos, Fire Department ~, 15 Curt Bates, Community Development 16 , Lrene Barba, Community Development 17 Jeffrey Holden, Fire Department 18 Sue Leckie, Public Facilities 8~, Services 19 Robert LaRose, Community Development 20 .Kevin Marks, Fire Department 21 David ;Se,ars,. Police De;partrnent . 22 Craig Spaulding; C;omrnunity deyelop,rnent 23 T. J. Woodd, Water Resources &~'Gonservation 24 25 26 2. APPOINTMENTS , 27 ~ . , 28 A. Recommendation to the M'ayors'' & Councilmembers'' Association 29 for the.following appointmenfs" 30 - , .__ 3.1 1. ABAG Executive Board ~-- Two V~~ccincies (Rep. and 3.2 Altecn:ateJ; Two-Year Terms. Current appoinfrnents expire 33 :June 2003.. 34 35 Motion to appoint Sfeve Rapinowitsh, :Santa. Rosa Council 36 Member as the Representative; and Council Member Pam 37 Torliatt as the .Alternate. 38 39 M/S Healy and O'Brien..CARRIED `UNANIMOU,SLY. 40 41: 2. ABAG Regional Pldnning Committere - One 'Unexpired: 42 Vacancy for Term Ending September 1003, . 43 44 There. were no letters of interest received 'for consideration of 45 appointment.. 46 June 2, 2003 Vol. 38, Page 487 l 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 3'S 3'6 37 3'8 39 40 41 42 43 44 45 46 47 3. 3. Sonoma County Agricultural Preservation and, Open Space District Advisory 'Committee -Th're'e Vacan:ties; Two-Year Terms. Current appointments expire June 2003. Motion to appoint Mayor, Dick Ashford of Sonoma, Healdsburg Council member Kent Mitchell; and Rohnerf Park. Council member Jake Mackenzie. M/S Healy and O'Brien. CARRIED UNANIMOUSLY. 4. Sonoma County Child Care Planning Council - One Vacancy. Unspecified term. There were no letters of interest received for consideration of appointment. 5. Sonoma County Human Services Commission - One Vacancy. Two=year term. There were no letters of interest received for consideration. of appointment. 6. Airport Land Use Commission -One Vacancy. Four-year term. Current appointment expires May 2003. ..Motion to appoint Windsor Council Member Sam Salmon. M/S Healy and O'Brien. CARRIED UNANIMOUSLY. 7. LAFCO -One Vacancy, Alternate Position. Four-year term. Current appointment expires May 2003. Motion to dppoint Council .Member Torliatt for the Alternate position. M/S Glass and Healy.. CARRIED UNANIMOUSLY. 8. Remote Access Network (RAN) Board - One Vacancy. Unspecified term. There were no letters of interest received for consideration of appointment. APPROVAL OF MINUTES A. City Council Special Meeting Minutes of April 28, 2003. Vol. 38, Page 488 June 2, 2003 1 Mayor Glass requested an amendment, on .Page 6> line 4, to reflect 2 ",::.,he remarked he'is, not`in favor of more taxes, bu.t indicated from 3 his point o;f view, the only way to accornplisli fixing the streets is to 4 come up with revenue and attax." 5 6 Council Member Torlialt asked that page 5, line 42 reflect. 7 ``Propos'ition 42." - 8 9 MOTION to adopt the April 28, 2003 minutes as amended: 10 11 -M/S To_rlatt and Healy. CARRIED UNANIMOUSLY. 12 13 ~ B. City Council/PCDC Meeting Minutes of May 5,.2003. 14 15 ~ ~ MOTLON to adopt the May 5, 2003 minutes as submitted: 16 17 _ _ M/S Torliatt and O'Brien. 18 19 AYES: Harris, Healy,. Vice Mayor O'Brien, Mayor Glass, Torlaft 20 _ and Moynihan 21 .NOES: None. 22 ABSTAIN: Canevaro 23~ 24. 4. APPROVAL OF PROPOSED AGENDA 25 26 Approval of Proposed Agenda, for. Regular City Council Meeting of June'. 27 16,.2003. 28 29 City Council discussion; ensued regarding 'items to be placed on the June 30 16th agenda, After 'd'iscussion, Council requested that the following 'items 31 be placed on the June 1: 6, 2003 Agenda;, 32 33 A Resolution regarding, he. proposed. Indian Casino-Project, 34 Move the Ordinance Adopting the Centro( Petaluma. Specific; P,1'an to 35 Unfinished Business, 36 Consideration and- Adoption of .the 2003-04 City Council/PCDC 37 Budget, and 38 Closed Session regarding outstanding liability cases. 39 40 Motion to ap"prove the above additions: 41 ~ . - 42 M/S Torliatt and Glass. CARRIED UN'ANIMOU,SLY, 43 44 Although_ not included in the motion, .Council ME~mber Moynihan hard 45 requested that the resolution regarding the completion of 'McDowell 46 Boulevard and. E.. Washington Street go back to staff for modification' to 47 the sources, of funding for that project; and` fhat there be a' resolution 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 3'8 39 40 41 42 43 44 45 46 5 June 2, 2003 Vol. 38, Page 489 regarding a contract for engineering. and const"ruction of~ a cross-town connector added. CONSENT CALENDAR Council Member Moynihan requested that Items 5.A and 5.L be removed. from the Consent Calendar for separate.discussion. MOTION to adopt the balance of the Consent Calendar as presented.: M/S O'Brien and Torliatt. CARRIED UNANIMOUSLY. A. Resolution to Review .and "Fil;e ~tf1:e March 31, 2003 Quarterly Treasurer's Report. (Thomas) Removed from 'Consent for separate discussion. B: .Resolution No. 2003-090 N:C.S.: Awarding Contract for the Petaluma Regional Library HVAC .Removal/Replacement Project No. 9028, Located at 100 Fairgrounds Drive, Petaluma, CA, 94952. (The work to be performed consists of replacing the existing units with six new HVAC units, re-zoning .and cleaning the existing ductwork system.) Estimated Project Cost: $495,000,00 Funding Source: Community Facilities Fees. Bid Award Amount: $1.75.999.00 (Sklddzien/Lackie) C. ,Resolution No.:.2003-.0;91._ N.C.S. Approving. the Vacdtio;n of .an Existing Drainage Easement at~ the Paula Lane Water Tank Site, Accepting a New Drainage Easement, and Authorizing, the City Manager to Sign a Quitclaim Deed. (Ban/Nguyen) D. Resolution No. 2003`-0.92 N.C:S. Authorizing 'City Manager to Execute a Grant Agreement With the State Coastal Conservancy .for the Petaluma. Marsh Acquisition,. Enhancement and Access. Project. (Ban) E. Resolution. No. 2003-093 ;N.CS: Approving Arid Accepting fhe U.S_, Deparfinent of Justice, COPS- Methamphetarnine Grant in ffle amount ofi $222,222. (Simms) F. Resolution No. 2003=:094_ N.C.S. Adopting the Reimbursement Resolution Required 'by the State Mlater Resources Control Board in Connection with- the City's Application for the State Revolving Fund. 'Loan Program to Finance the Construction of the Phase 1 Recycled Water Pipeline Project. (Bari) G. Resolution No. 2003-095 .N.C.S. Approving the Purchase. of a UHF Radio System and Related Equipment to Standardize Police Radio 1 2 3 4 5 6 7 8 9 L0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Vol. 38, Page 490 June 2, 2003 Communications with Sonoma County Law Enforcement Agencies. (Simms) H, Resolution No. 2003-0:96 N.C.S.. Authorizing the Purc-hose of Six' Medium-Duty Cut-Away .Fixed Route Buses with Options, from California BusSafes in the Amount: rof $523;840:30. '(Thomas/Ryan) I: Resolution N'o: 2003-097 N:G:S. Authorizing. the Purcha"se of One. New,., 2003', 43' °Articuaating, 'T,elescoping, Insi~lafed, .Aerial. Platform and Truck from Victory Com;rnercgl Truck Center, Petaluma in the Amount of $l l 7,089.95. (Thomas) J., Resolution No. '2003-098 N.:C.S.. Adopting the ICMA Section' 457 Deferred Compensation Plan forthe City of Petaluma. (Thomas:): K. ~~~vli i+iroTrvT-r-r~-c~~•'t~n~~r° r^w~r~le~inn' '~f ~4~'e ~1n_~"nll _C~rec~ Don,ryir i 07Zr1 Dh ee \/ 'TF,° i° I~r~i~IviorL D' rrinn'n '~C;fro c iY~ rinric I~~~rrt~iTVr~i-~c ~r~`~'a- r-CFn°~~u" cic Gi~r~'i^~I Dr 'io~t~~cvsr. '@lC~I O. rl:]fl 77 'C. :.-.•.JL~..:. c... ~.:>.:.... /'`.,-.~..: T,..:; IC.A']1 r"oC. 7%71 \w•/,.:1 ~.~ ~ ~171;~:. c~r~ ci,~o,.,rr~ ~~,st-rQ~~~~a-c~c~e, '~~ier-i} Removed from; agenda: L. Resolution Accepting. the Claims and, Bills from Demand Dates 4/26 and 5/9/2003.. Removed from Co_ nsenf for separate discussion.. Items .Removed From Consent. for .Discussion: A. Resolution. No. -2003-0.99 N:C:S: to Review and File the March 31, 200.3 Quarterly'T~easurer's Report: (Thomas) ' Council Member Moynihan requested that i~he Inferfund Loans ofi Housing-In-Lieu and PCDC show the amounts of interest:, He would: ..like that .information .added and copies ofthis' report prov. ided to the Council. once'it is corrected, MOTION to adopt the Report: M/S Glass :and Harris. CARRIED UNANIMOUSL'Y'. 1:.: Resolution 'No::2003-1:00 N.G.S. Accepting fhE~ Claims; and Bills from Demand Dates 4/25 and5/9/2003. Council, Member. Moynihan: re.cused himself firom_ Voting; on Check #30267:,; demand date. April, :25, 2003 payable to Livingston 8~ Mattes'ich; and. referencing, Check #30462,. demand date. May 9, June 2, 2003 Uol. 38', Page 49'l l 2003, questioned the number ,of :outside contractors the City 2 currently has and requested a cost comparison of bringing, those 3 services in house. 4 5 AAOTION fo adopt the Resolution: 6 7 NI/S Healy and Torliatt. CARRfED UNANIMOUSLY. 8 9 6. NEW BUSINESS 10 1.1 A. :Resolution No. 2003-101 N.C.S. Awarding Contract to Zambelli 12 Jnternationale Fireworks Manufacturing Company, Inc. to Provide 13 the :July 4th Fireworks Display and Allocate $30,000 from the Parks 14. an'dRecreation Department Budget. (Carr) 15 16 Jirn Carr, Director of Recreation and Parks, gave the staff report 17 and ~ recommended approval of the contract and allocation of 18 moriies for the event. 19 20 Council Member Torliatt expressed her concerns that the. budget is 21 tight and the money could .perhaps be better utilized elsewhere., 22 given these tough economic times.. She noted that the City 23 already allows safe and sane fireworks and this is an additional 24 expenditure fora "show." She indicated she feels the Polly Klaas 25 _ and Swim Center would be better uses for the money that would 26 be expended. 27 ' 28 Vice Mayor O'Brien expressed his support for the event and 29 indicated it is a small price to pay to celebrate Independence Day 30 and to support ovr U.S. Troops. 31 32 City Council discussion ensured regarding security issues, a 33 clarification of fhe process of how the appropriations are made, 34 and the need to gather interest #or donations and o"r grants to 35 support this event. 36 37 MOTION to call for the question: 38 39 M/S O'Brien and Harris. CARRLED UNANIMOUSLY. 40 41 MOTION to adopt the Resolution, exempting. the portion #or 42 allocating the monies and to encourage donations and/or grants. 43 If needed, an adjustment would be made later in the budget 44 process. 45 46 M/S Harris and Moynihan 47 48 AYES: Harris, Canevaro, O'Brien and Moynihan Vol. 38, Page 492 June 2, 2003 1 NOES: Healy, Mayor Glass; and Torliatt 2 _ 3 7. IJNFINISHED,B'USINESS 4 5 A. Ordinance No. 2751 N.C.S. (Second Reading),.Approying Leasehold 6 Agreement ;for Consfruction of Executive Hangar- at the Petaluma 7 Murii.c'pal:Airport.. (Skladzien/close) 8 9 MOTION to adopt t'he Ordinance: 10 11 M/S Torliatt and Harris. CARRLED UNANIMOUSLY. 12 ~ - 13 B. Update and .Report from. citizens Advisory Committee on Street 14 Improvements. (Skladzien) . 1.5 , 16 Riek Skladzien Director of` Public Facilities and. S_ ervices, g"ave. d 17 brief:presentation. 18 19 The City Council took a brief recess for five minutes. 20 ,, 21 Mark Albertson, Chair of the :Citizens Advisory Committee on Street 22 Improvements, made a presentation and ,gave an overview of the 23 CAC recommendations. 24 25 The City Manager preserifed a matrix of .the recommendations and 26 notations .w.,here he is 'in agreemert, where he differs from t'he 27 ,recommendation and where he would request direction from the 28 Council. 29 , 30 City Council discussion ensued regarding d possible Special 31 Election :for a Utility Users-Tax. Council also discussed' dl'ternatives for 32 the tax including a 5% tax over a 20-year .period. The "g"eneral 'tax" 3`3 versus ''special tax" as,pe.ct w,as also diseuss.ed with emphasis 34 placed on fhe general tax needing to be cond,uct:ed during d 35 General. Municipal Ele;etion and that a special tax. could be 36 conducted'; along with a. Charter Amendment, at a Special 37 Election to 'be held on off years.. It was noted. that the Special. 3'8 Election could be set for November 2003. or Nlarch of 2004. 39 4Q Council Member Torliatt remarked that she would support d 5% 41 special, tax over a 20 year period, requiring a 2/3rds vote of fhe 42 people; and 'noted' additionally that` she feels the measure hould 43 include what streets and ,roads would be repaired, a projection of 44 the cost involved; dnd a timeline. in, which they would. be done.. 45 She conclulled by acknowledging the grE;at job the .CAC- h.as. 46 done with this report. 47 June 2, 2003 Vol. 38, P6ge 493. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 .Council Member Moynihan commented on his disappointment that there_ hasp°'t been, a special revenue. fund for street reconstruction established. He indicated he,s no,t a' supptirter of a Utility User Tax but. would. be open to a "General Fund" mea"sure. He continued by~suggesting a different funding vehicle through a CIP Administration Fund. He indicated he is not concerned with the pub ic's~awareness of this issue declining over the coming year and feels the public would expect the City to combine funds from the: General Fund °to help fund such an effort. Mark. Albertson cormented a Utility User Tax should be at the .level or less than a sales 'tax, as well as in line with surrounding communities. There was no official action .taken by the Council. C. ",Discussion` and Possible Direction-Regarding Composition of Site Plan and Architectural. Review" Committee (SPARC) and Historic SPARC (petersen) Council Member Healy -commented that given the two extraordinary finalists for this vacancy, he would ask the Council to consider appointing one to the vacancy that currenfly exists and to create an additional Historic SPARC. position to which the other candidate could be appointed.. He would propose appointing Mr. Kosewic to the Historic SPARC and Ms. Shearer fo the regular SPARC. City Council discussed ,ensued, with Council Member Moynihan suggesting the Council might want to consider that cat the July 7, 2003 Meeting where the whole issue of .Boards,. Committees; and Commissions roles and responsibilities will be discussed, but suggested focusing on filling the current vacancy at this time. He noted the current vacancy expires ofi June 30, 2003. MOTION to appoint Mr. Kosewic for the unexpired term to 6/30/03. Seconded by Vice Mayor O'Brien. Vice Mayor O'Brien indicated Council Member Healy's suggestion was. an interesting idea,. but noted Mr. Kosewic's adamant desire to erve on the regular SPARC.. Council Member Torliafit expressed Mr. Kosewic is qualified to sit as a Historic SPARC member and would entertain appointing both, as suggested by Council Member Hecily, at this time. MOTION. to call for the. question: v Vol. 38, Page 494 June 2, 2003 1 M/S Glass and Harris: CARRIED UNANIMOUSLY. 2 3 Vice. Mayor O'Brien withdrew his econd on 'the previous motion 'in 4 order to utilize the. ballo:f metho_ d of appointment, rather than d 5 voice vote... 6 7 After casfing ballots,. the City Clerk ;read the results: 8 - , 9 Council N1e;mber Harris.votes for (J,ohn) Terry Kosewic.. 10 Council Member Canevaro votes. for (John) Terry Kosewic. 11 Council Member Healy votes for.Mary She.are`r. 12 Vice Nl~ayor O"'Been votes for (_Jo:hn);Terry Kos€;wic. ~ - 13 Mayor Glass vo#es for Mary Shearer. 14 Council Member Torliatt votes for~Nl'ary Shearar. 15 Council Member Moyrihan~votes for (John){ Terry Kosewic. 16 - .. - ._ 17 .Resolution N'o.. 2003-102. N.C.S.; .was, adopted appointing ('John) 18 Terry Kosewic to,the Site.~Plan-~and~ Architectural Review Committee 19 (SPA'RC) for a term expiring June 30, 20Q3.' 20 21 ADJOURNMENT -The Council.. dd~ourred at 5':25 p.m. to the evening session. 22 23 ~ 7:OO P.AA. - EVfNING'SESSIO_N 24 25 CALL TO ORDER 26 27 A. Roll Cdll . Present: Members Harris, Canevgro, Q' Brien, Mayor "Glass; Torliatt,_Moynihan Absent: Council 'Member Healy B. Pledge ofi A. Ilegiarice C. Mo.menf of Silence 8. " PRESENIATIO'N A. Bike: to Work Week Awards: Petaluma Pedestrian and Bicycle.: Advisory Committee: Bernie Album, Member .of th'e Pedestrian and Bicycle: Advisory Commit'fee;, presented special award -to representatives from McNear Elementary Seh'oal, `Casa Grande Hgh.School, Petaluma Junior. High Schgol and Sonoma Techno_ logy, 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 3'7 38 39 40 41 42 43 44 45 46 47 June 2, '2003 Vol. 38, Page 495 The :.Mayor :n`oted that 1t.em 9,A, matter of the .City of Petalurna's Campaign, Finance Ordinance, has. been removed from the Agenda and moved to ffle June 16,.2003 City Council Meeting Agenda. PUBLIC COMMfiVT Bill .Donahue, Petaluma, addressed the City Council regarding the CAC''s' ; recommendations and the proposed 7% Utility U er Tax. He urged the Council fo consider the heeds of low, very low and fixed income members of the community and suggested the. Council look into a similar program offered by , PG8~E that provides for a percentage of exemption. With regard to Sandalwood Estates, Mr. Donahue noted Council Member Torliatt had asked that the situation. at Sandalwood be agendized, but now it would be "after the barn door has been closed." He reviewed the history of rent increases in the park=and noted if the City would ,have invested in the park 10 years ago they would have consistently made a profit. He continued by stating experts have found holes in the ordinance and he urged the City Council to look at the ordinance an-d make it stronger to protect park residents. He concluded by 'indicating that it appears there will be another arbitration session regarding the 6% increase from a year ago. Ron Kinyon, Petaluma, addressed the City Council, indicating>-seniors, in Sandalwood Park have spent more than .$1.7;000 last year and $17,OQ0 this year on arbitration. He reported the arbitrator made a decision. that the owners were - not in compliance with the ordinance, yet the court fiound differently. He eluded that they might consider filing a case against the City Council. Ednamae Campanile, Petaluma, addressed. the City Council regarding the need for the City to fake a stronger stand and to defend the park residents. She urged the City Council to stand by the City's Ordinance. Coleman Pe[sily, Vice President, Golden State Mobile Horne League (GSMHL), addressed the City Council, indicating it is a serious mistake to allow a second arbitration to take place. Janice Cader-Thompson; Petaluma, addressed the City Council indicating fhe need's of the Sandalwood residents need to be addressed. Robert Fleak, GSMOL, addressed the City Council regarding the percentage of fair rate of return and indicated a 61 % rent .increase is not fair to the residents. Len Carlson, Rohnert Park, addressed the Council as the Pres. Of the Mobile Home Parks in Rohnert Park. He commented on the fair market rate and indicated it is nothing to compare to. He stressed they are doing this to get leases and will circumvent rent control. He added mobile homes are a chunk of "affordable housing" and the Council is mandated to protect affordable housing. Vol. 38, Page 496 June 2, .2003 1 2 Brian, Keith, Petaluma, addressed the Council, questioning why the new majority 3 of the Council is so quick to approve development without regard to the City's 4 streets. He urged the Council to raise impact fees and fix the streets. 5 _ 6 Terrence Garvey, Petaluma, addressed the City Council .regarding special and 7 important occasions taking place in June which included.: when 'the Civil War 8 ended, #he. day ,Americans stormed the beaches of Normandy,, the ancient. 9 celebration of Shavugf -the Harvest Festival; and the cinniversary of ~tfe Boy 10 Scouts first encampment. 11 12 CORRESPONDENCE -There was none. 13, 14 CO.l1N:CIL~COMMfNT AND LIAISON REPORTS 15 16 Council.Member Torliatt reporfed having attended the Bay Area Air Quality 17 Manage.;me.nt Distriet~lvl:eeting Legislative Days in Sacramento, the dedication of 18 the memorial, wall at the Police Department, the recent trip to Washington, D:C.. 19 to pursue continued federal funding for .the City of Petaluma, attended tne: 20 League of California Cities meeting in Cotati and had a tour of their new Police. 21 Facility, attended the Petaluma C:harnber of Commerce Installation of Officers 22 event, and the Petaluma Museum fundraiserforimp_rovemen s. 23 .. ' . .. . 24 With .regard to Sandalwood Estates, :Council Member Torliatt expressed her desire 25 to,~take into account: low=income _residents when putf'ing together the ballot 26' measure ang;udge for a' Utility User Tax. S;he also questioned if the City could. get 27 involved b.y appealing tfle most recent decision regarding rent increases> 'She 28 continued by, stating she supports increasing developer impact fees sooner, 29 rather than later. _. 30 31 Council Member Torliatt concluded by commenting on the recent Son,o:md 32 County Paramedic Association event where survivors ware reunited with' -their 33 rescuers; and stated she .had attended the rnernorial service for Edy Sampson. 34 She asked that this evening's meeting be adjourned in Edy's memory. 35 36 Mayor 'Glass. stated he felt b.ad about what happened with the arbitration issue 37 for Sandalwood Estates and. would support ;pursuing an avenue to perhaps 38 appeal the decision. 40 Council Member Moynihan reported on .having attended the dedication: of 'the. 41 tower at the First Presbyterian Church' on "B" Street. 'He dlso.n'oted he'is pleasefio 42 see the ALS equipment on the City's- fire. engines. He concluded, by .. 43 acknowledging seniors with regard to their plight with mok>ile home rent control,, 44 He stated seniors have a hard time with the cost of living in Petaluma. 45 46 CITY MANAGER COMMENTS - There were none. 47 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 June 2, 20Q3 9. UNFINISHED BUSINESS Vol; 38; Page 49Z A. Continuation of .Discussion and Consideration of City of Petaluma's Campaign Finance Ordinance. (Rudnansky) This item was removed from i+he Agenda; and deferred. fo fhe June 16, 2003 City Council Meeting. The City Council recessed'from 8 p.m. to 8:U5 p.m. B. Continued Discussion and Possible Action Regarding the Centrdl Petaluma Specific Plan: (...Moore). Council' Member Torlidtt recused ,he,rself from participating and/or voting on~ this matfer and indicated she will be addressing the City Council as a privafe citizen regarding°`the Central Petaluma. Specific Plan. ~ ' ~ ~.. Requested Actions include: 1) ~ Resolution Certifying the Finale Environmental Impact Report for the Central Petaluma Specific Plan. 2) . ~ Resolufiori Adopting: Findings and a Statement of Overriding Considerations and Approving a Nlitigat'ion Monitoring and Reporting Program for"the Central Petaluma Specific P an; 3) Resolution Adopting the Central Petaluma Specific Plan and dmending the 1987:2005 Petaluma General Plan to Incorporate by Reference the Specific. Plan Text and Maps. 4) Introduction of an Ordinance Adopting .Land Use and Development Regulations for fhe Centrdl Petaluma Specific Plan (the "Smart Code"); Rezoning Properties within the Boundaries of the Central Petaluma .Specific Plan in Accordance with the Adopted Zoning map; and Amending Chapter 17.26 of the Petaluma Municipal Code (the Residential Growth Management Systerp). 5) Resolution .Adopting a Central Petaluma: Specific Plan Fee Pursuant to Section 6545b(a) of fhe California Government Code.. Mike Moore, Director of Community Development, gave a brief staff. report and asked for Council's direction with regard to the proposed actions. Council Member Moynihan expressed concern with the proposed change to the Petaluma Municipal Code regarding the Residentidl Growfh Management System, indicating he does not feel it responds fo Council's direction previously given. He would suggest Vol. 38, Page 498 June 2, 2003 1 that aspect of the ordinance'be removed and dealt with. at a .later 2 date. 3 4 Public Input: - 5 6 '.Pamela Torliatt; Petaluma,. addressed the City Council, indcdting 7 he adoption of the Plan "is "a milesto"ne `in trre future of Petaluma. 8 She commented on the-accomplishments recognized; over the last, 9 seven years and pointed out,we now have the tools, #o facilitate 10 development 'in-the. downtown. She-urged :the Council to adopt 11 the: Plan tonight. 12 ~ ' 13 Members: of the Superb " Se.~en, Petaluma;:. addressed the City 14 Council in suppor'f,of a movie theatre in downtown Pe;talurna. They 15 urged approval of the Central P.etalurna Spe~~ific Plan. 16 17 Bruce Mace-hail,°Peetaluma; add'res`sed 'the City, Counclregarding 18 some outstanding issues l%e hqs with theproposed CPSP. He 19 indicated his appreciation for staff`s recommendation to preserve 20 uses along Lakeville and :asked for langua~~~e governing -the D-4 ~ 2;1 . _ Zo:ne.. It, was noted if th.e Council agreed ~nrith draftting Language 22 .governing. D-4 zoning, it would-`have to com€, back for approval' at 23 a Pater date. He continued~~ by commenting, on the proposed 24 Canfield Lane Extension and fhe proposed roadways at the back 25 of his property. He noted °this would' constitute a taking of 26 approximately 23% of.his prop°ertywithou:t 'compensati'on. H'.e would- 27 _ rather see these roads be identified as ''proposed streets." 35 -- Connie Madden, Petaluma,. addressed the City- Council in support of'the Central Petaluma S,p.ecific Plan. Wayne M'ocgarithaler, Petaluma, addressed -the City Council as a. retail business owner in` the, downtown.. H"e st<~ted his support for th:e: CPSP and also supported-the: use of road diets and roundabouts. Matti Chris'tensen;, Petaluma, addressed the. City Council in support of the Central Pe'taluma.S,pecific'Flan:, 39 John .Morgan,, Petaluma, addressed the City Council in ,support: of 40 the Central Petaluma'Specific Plan. 41 42 Paul Johnson, Petaluma; addressed. the City Council 'in -support of 43 the Central. Petaluma Specific Plan and urged approval of it .this 44 evening. 45 46 George Weiner, Petaluma, addressed .the. City Council and 47 indicated ~ he owns property on Copeland: Street. He stated' the. 48 Smart .Code rezoning- would severely limit what business could be June 2, 2003 Vol. 38, Page 499 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 conducted 'in liis building. He asked the Council to consider a moratorium or grace period to :.extend the original hisforic zoning ofi his property. He indicated he was in favor of the Plan, but it eliminates his ability to utilize his property. He urged the Council to extend the "ML" zone to allow for a reasonable plan for development. Barry;Bussewitz, Petaluma, addressed. the City Council in support of the Central .Petaluma Specific Plan and for the use of road diets. Murray Rockowitz, Petaluma, addressed the City Council urging approval of the Central Petaluma Specific Plan and indicated support for the use of road diets. Bill I(ortum, .Petaluma, addressed the City Council in support.. of the Central Petaluma Specific Plan and indicated his support` for the reactivation. of the train station and train. He indicated people would use the train for transportation, which would support the pedestrian orientation of the Plan. Linda Noren; Petaluma, addressed the City Council, in support of the Central Petaluma Specific Plan and indicated support for fhe use of roundabouts grid for reactivating the train and train station., Scott Braun,. Petaluma, addressed the City Council in support of the CPSP and indicated support for the use of road diets. He , concluded by expressing his "supportforthe "Smart Code." Stan Gold, Peta umc, addressed the City Council in support of roundabout"s, .road diets and concluded by urging approval of the CPSP this evening. David Keller, Petaluma, addressed the City Council in support of the Central Petaluma Specific Plari and urged the Council to vote in favor of it this evening. Patricia Tuttle Brown; Petaluma, addressed the City Council in support of the Central Petaluma Specific Plan. Close of Public Input. Mayor Glass commended the CPSP Citizens .Advisory Committee and City staff for the work and effort that has gone into this Plan. Council Member Harris .indicated his support for the Plan and .indicated he would support the elimination of road diets or support the City Manager's alternative, which is to eliminate the road diet proposal for Lakeville, but leave the Petaluma Blvd. Vol. 38, Page 500 June 2, 2003 1 Recommendation in the CPSP. He also indicated his- support for 2 entertaining D:-4'zoni'ng language. , 3 4 Council Member Canevaro commented fnis is the right ;Plan and 5 ~ indicated his support for keeping roundabouts, He stated.he would 6 support the City Mgnag.er's recommendation with regard to .road 7 diets; :requested staff address Mr. MacPhail's concerns, an. d agreed 8 staff`should work with. Mr. Weiner o.n a grace period for his property.. 10 The City Manager indicated he; would be working with Ivl'r. Weiner` 11_ to address his needs, as well as Mr. MacPhail's_ concerns regarding 12 .D-4 zoning. 13 14 Vice Mayor O'Brien thanked. the committee for their participation 1.5 and .,indicated. h;e has sortie issues with road diets, would noa be 16 ~_ 'supportive of roundabouts, indicated t;h_e southern, crossing should 17 be put back in, agreed with t;he need. for D-4 zoning language, 18 and also _su,pported looking at the proposed roadways at the back.. 19 of fhe MacPhail's property. Council Member Moynihan commented the Central Petaluma Specific Plan is a radical change for Petaluma. He in:dicated it ,, would allow for more than 'significant congestion and feels th'e Council is .being asked to ignore the EIR by adopting 'the .proposed, statement 'of overriding considerations. He continued by stating, the. CPSF? :is supposed to be a vision and fhe potential impacts should e mitigated.. He stated the Council h'as an opportunity, with a b short delay, to solve some of these issues. He indicated he feels there :are lots. of unanswered questions anc~ that the Plah is too grandiose.. He also pointed out the General Plan would need-t.o be fixed, as well. 33 Council Member Moynihan asked that the street .costs be outlined, 34 which has. ,not been done. He indicated pctr`king still :needs- to be 35 addressed- and fhat on-street parking should 'noa count toward 36 over-alf parking... He suggested Council drop the whole lower reach 37 area from the River Dependent Uses/Zone. 3.9 Council Member Moynihan questioned' how is dredging of the. River :~ 40 being provided for in the future:. H.e concluded by stating he is pro 41 development; 'but 'is 'for responsible growfh and that the Council 42 should get back to .basics and. clean up the Flan. 44 Mayor Glass commented on how the CPSP has been studied 45 thoroughly. He stated "Smart Growth" is going to relieve. 46 development pressure from the outer community an,d, pointed out 47 There will bye project specific EIRs done: He' concluded by stating June 2, 2003 1 3 4 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 Vol. 38, Page 501 he wou d be supporting of adopting the Plan with the City Manager's recommendafio.ns. Motion to adopt the following to include the recommendations made by the City Manager; to bring; back language regarding D-4 Zoning, and to ,direct the City Manager to work with Mr. Weiner regarding concerns with zoning on his, property and Mr. MacPhdil regarding concerns with proposed roadways on his property: 1) :Resolution No. 2003-1;03 N.C.S. Certifying the Final Environmental Impact Report for the ,Central Petaluma Specific ..Plan. 2) :Resolution No. 2003-1.04'. N:CS. Adopting Findings and a Statement of Overriding Considerations and Approving a Mitigation Monitoring and Reporting Program for the Central Petaluma Specific Plan; 3) Resolution No. 2003-105 N.C.S. .Adopting the Central Petaluma Specific Plan and amending the 1987-2005 Petaluma General Plan to Incorporate by Reference the Specific. Plan Text and Maps. 4) Introduction of Ordinance No. 2152 N.C.S. Adopting. Land Use and Development Regulations for fhe Central Petaluma Specific Plan (the "Smart Code`'),; Rezoning Properties within. the Boundaries of the Central Petaluma Specific Plan in .Accordance with the Adopted Zoning map. 5) Resolution No: 2003-106 N.CS. Adopting a Central Petaluma Specific Plan Fee Pursuant to Section 65456(x) of the California Government Code.. M/S Canevaro and O'Brien. AYES: Harris> Canevaro, O'Brien, Mayor Glass NOES: Moynihan RECIJSED: Healy and Torliatt ADJOURN The meeting was adjourned at 9:32 p.rn. David Glas"s, Mayor 43 44 ATTES~TJ: ,/ ~ ~ ~ 45 ~ ~r~ ~ 46 47 Gdyle P~~ersen, City Clerk