HomeMy WebLinkAboutCity Council Minutes 02/24/2003February 24, 2003 Vol. 38, Page'363 .
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ALU
a~ ~ City of Petaluma, California
REGULAR MEETING
z8s$ OF THE~PfTALUM~4 CITY COUNCIL
Cify Council:Meeting 'Minutes
Monday, February 24, 2003 - 3:00 P.M.
Regulgr'Meetrig
3:00 a.m. -CITY :000NCIL,MEETING
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
Present: Members Canevaro, Harris> Healy, Moynihan, O'Brien, Torliatt
and Mayor Glass
PUBLIC COMMENT
2
Richard Ramstead, Pefalumd, addressed the City Council regarding his,
concerns. with the proposed density for the Magriolia Place Subdivision.
project. He staged he feels it is too high for•-the Gossage Avenue parcel.
He also commented that the Fish 8~ Game letter is only a peer review
letter of d peer review.
J'oe Manthey, Petaluma, addressed the City Council regarding the
upcoming AAUW event "Sister to Sister" Summit and-requested the City
cancel the event based on exclusion of boys beca`use~ of their 'gender..
He stated he feels the City is in violation of State and Federal rion-
discrimination policies, as well as the City of Petaluma`s~non-discrimination
policies.
Geoff. Cartwright, Petaluma addressed the City Council regarding base
flood. elevation increases and precip'ifation tipping and river stage
readings.
COUNCIL COMMENTS
3.
Council Member Healy commented the Council will be discussing and
possibly taking action on the Sonoma County Water Agency Draft Policy
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Vol. 38, Page 364
February 24,.2003
Statement later in the evening. He pointed out,, on the last page ,of the
staff report, a comment that states the: City's understanding is that' the
Water Agency has severely curtailed the channel maintenance activities,
includhg maintenance of channels dnd creeks ih Petaluma: He added
that is not good news. for flood purposes'. He co_ mmenfed he: has also
heard" there app"ears fo be a bar #orming near the Corona Road Bridge.,
which may explain the !kind of data that Mr. Cart~rvrght has shared with
the City Council:
Council Member Healy asked. James Carr, Qirector of Parks and
Recreation, referencing; lvl°r.. Manfh,ey's comments, what the City's policy'is
with ,respect to renting out the Community -Center: Mr. Carr indicated
.staff' looks atthis as a private function, and what they do at their- function
is their decision. 'Unless it is something that is illegal, fhe -City does not get
involved in the evenf.
Council Member Tortatt commented on ..creek- ..maintenance and
indicated fhe RCD currently, is working on a ,:contract in that particular
:reach and area;. noting it is supposed fo be complefed in the next. ;-six
months: She indicated they are "trying, to coordinate maintenance; with
the. .acquisition of the, two parcels that are on the Council's aftern_ooh.
agenda so flood mitigation issues can be deaat with..
_.
Council Member .Moynihan noted; he has asked that the City M`dnager
bring back and agendize for fhe Council an in-depfh discussion on street
maintenance Arid street repair programs; He added that today Council is
considering some activities,, ;relative. to the bu.dg,et; ,that include allocdting
:$2M from rrCajor traffic mitigation. funds for street reconstruction. He ad_ded_
he had asked, at the last meeting and still would, like to see the City create
a fund specifically :for street repairs:. and street maintenance, as well as
transfer the $3M from the Redevelopment Agency that Council had
committed: to last Fgll. He recognizes that 'is .not being .done today; but
antic"pates it will be brought back:fo the Council ~wh:en they .consider..the
PCDC Budget revis"ions: H;e .concluded by st:atin,g i# ;is ,important' "t.o
remember that every dollar we don't p;ut into street maintenance now'~ivill
.come, back in fhe form of $35.00 of capital improvements within fhe five"
years'. He commented on his previous suggestion ;tc~ complete the sale; of
27 Howard Street to the PCD~C and use the $25Q;Q00 in proceeds from
.that.,. as well as taking; a look at other .disposal assets and sell what we can
to offset the: approximately,$7M shortfall ,ghat' eXists, in street maintenance.
H:e stressed there is a. need. .for $8.1 NI 'in street mdintenance funds a year
to keep up with the current situafion.
Council Member' O'Brien;. requested the meeting be adjourned this
evening in memory of Bill Donovan. .
Mayor G"lass commented. on the. AAUw Event scheduled. at fhe
Community Center and indicated there is t.oo tittle done for boys and girls
February 24, 2003
Vol. 38, Fage.36'S
1 in this town. He added he hopes there are. similar programs for boys and
2 hopes all programs go forward:- He doesn't want to see the Sister-to-Sister
3 Program stopped and concluded by 'indicating his support for existing
4 programs, acknowledging the need for more.
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6 4. CITY MANAGER COMMENTS -There were none.
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9 5. AGENDA CHANGES AND DELETIONS -There were none.
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12 6. APPROVAL OF MINUTES
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14 A. City Council/PCDC Minutes of January 27, 2003
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16 Council Member Healy requested a sentence be added to page 8,
17 line 36:
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19 "He indicated that he supported fhe ban on taking paper recyclables
20 that presented identify theft issues, but, indicated he felt the
21 ordinance presented was too broad because it also criminalizes taking
22 cans and bottles."
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24 Motion to approve the Minutes as amended:
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26 M/S Torliatt and O'Brien
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28 AYES: Harris, Canevaro, Healy, Vice Mayor O"Brien, Mayor
29 Glass, Torliatt, Moynihan
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31 NOES: None
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33 B. City Council Minutes of February 3, 2003
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35 Mayor Glass asked that page 1, line 23 reflect:.
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37 "7/25/2002 Press Democrat article"
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39 Council Member Torliatt requested. page 6, with :regarding to Item 9,
40 reflect that following motion:
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42 "MOTION to adopt the resolution (with the amendment to remove
43 language which referenced that plans and specifications for the
44 project are approved) and fo approve the February 24; .2003
45 Proposed Agenda as amended."
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47 .She also requested page 9, line 6 reflect:
48
Vol. 38, Page 3b6 February 24, 2003
"She commented that the Ci y should provide a lis of wha rna#erals
will be needed for SPARC ..review that the developers :need fio
provide: "
She also requested that .page 12, line 30 reflect:
"....Assembly Member Nation, who indicated he would .like clarification
on whether or not the Council would be inclined to not put a sales: tax
measure on the ballot that would compete. with other sales; tax
measures, specifically the Smart II sales tax. measure.."
And, requested that page 2Q line 42 reflect:
"...remarked that Gatti. Park .was a high. priority park. to comple e
because there was a promise to Cross Creek subdivision to build ball.
fields adjacen to .that .area b.ut were no able to be completed..
These ball fields are being moved to Gatti Park.."
Council Mem. ber. Healy requested that' P-age 9, line 15 be changed to
reflect:
"He indicated if he had to vote-tonight; hewovld deny, the app.ealbut
wo`vld :prefer tlid the issue be sent back to SPARC."
Mayor Glass requested that page 12, line 1'2 reflect:
"increase in sales tax"
AAOTION to approve the Minutes as amended:
M/S Torliatt and O'Brien
AYES: .Harris, Canevaro, Healy;. Vice:. Mayor O'Brien.,, Mayor
Glass; Torli'a#t, Moynihan
NOES: None
C. City Council/~PCDC Minutes of February 7, 2003'
Couhcil Member'Torliat~t asked fhat page 5, line ,4 is amended to read:
" 1 1:SO a.m."
MOTION to approve fhe Minutes as amended:
M/S Healy and O'Brien
February 24; 2003 Vol. 38, Page, 367
1 AYES': .Harris, G;aneyaro, Healy, Vice Mayor O'Brien, Mayor
2 Giass', Torliatt, Moynihan
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4 NOES: None
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6 D. Cify Council. Minutes of February 10, 2003
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8 MOTION fo approve the Minutes as submitted:
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10 M/S Torliatt and O'Brien
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12 AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien, Mayor
13 Glass, Torliatt, Moynihan
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15 NOES: None
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18 7. APPROVAL OF TENTATIV[ AGENDA -City Council Regular Meeting of
19 March 3, .2003.
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21 ' -"MOTION 'to approve the tentative agenda:
-22 .
23 M/S O'Brien and Torliatt
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25 AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien, Mayor Glass,
26 - Torliatt, Moynihan
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28 NOES:; None
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8. CONSENT'CALENDAR
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32 Co.uncil.`;Member Moynihan requested Item 8.A be removed from the
33 Co':nsent Calendar.
-.
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35. Council Member Torliatt requested Item 8.E be removed from the Consent
36 Calendar.
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. 38 ~ The: following MOTION was made for the remainder of the Consent
39 ~ ~ Calendar items.:
40 -"
41 Ivl/S O'Brien. and Harris
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43 AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien, Mayor Glass,
44 Torliatt, Moynihan
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46 NOES: None
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Vol. 38, Page 368
February 24; 2003
1 A. Introduction of ,.an Ordinance Authorizing City Manager to, Complete
2 All NeceSsary'Transgctions for'the Purchase of fhe Banker and Amaral
3 Properties, Industrial. Avenue (APNs 150-020=01'7, 1;50-020-0.:'1.8, .and 048-
4 080-029) pursuant to direction from Ci#y Council, set forth in Resolution
5 No. 2002-015 N:C.S., adopfed January 28,_2002. (Tuft). Removed from
6 the Consent Calendar for,sepdrafe discussion:;
7 .- _
8 B. iResoluti'on No:.2003:=24 N.C:S•. Authorizing the City Manager to Sign the
9 Army Corps.: Of Ehgneers Dredged Mafeciaf Reuse/Disposal
10 Application for Dredging. of the Petaluma Marina. (Carr)
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12 C. Mid=Year. Budget Adjustments:
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14 Introduction of Ordinance. No: 21'4'5 N.C.S. Amending Ordinance No'.
1.5 2133 N.C.S. To Change Certain Appropriations for the Operation of the
16 City of Pe'talbma from July 1, 2002 fo June 30, 2003. (Thomas)
17 '
18 Resolution No. 2003-25 iV.C.S..Reserving a_ Portion of the Community
19 Facilities lmpcict Fee Fund. (Thomas)
20
21 D:. Resolution No. 2003-26 N.C.S'. Authorizing' a Nan-Residential, .Outside
22 SdriitcirySewer Service fior Calvary Catholic CerY~etery at 304„Magriolia
23 Avenue (APN 048-141-015 & 034) (Mo:ore/Spaulding)
25 E'., Resolution Approving the Finaf Map 'for Twin CrE~eks Subdivision Phase.
26 3. (,Moore/Spaulding) Removed from; the ~Consenf Calendar for
27 separate discussion.
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29 ITEMS REMOVED FROM COPISENT:
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32 A. Introduction of an Ordinance Authorizing City "Manager to '~C.omplete
33 All ;Necessary Transactions for the Purchase of #te Banker and Amaral..
34 Properties, Industrial Avenue (APNs 150-020..-01 Z, 1;50-02Q=018,; and 048
35 080-029). pursuant to, direction from City Council, sef';forth in. Resolution
36 No. 2002-0:15 N.C.S., adopfed. January 28 2002., (Tuft)
37
38 Council Member Moynihan removed this item from the Consent
39 Calendar so he could recuse. himself. .He stated he might. have a.
40 ~ potential conflict of .interest because one of thE~ property owners,: Mr:
41 Filmore Marks, is a partner of his in a real, estate investment outside this
42 area.
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44 :MOTION, to approve::
45
46 Introduction of Ordinance No.. 2:1..4.4 N.C.S.. Authc>rizing City Manager to
47 Complete .All. Necessary Trarisactions for the P~~rchase of the Banker
February 24, 2003 Vol. 38, Page 369
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andl Amaral Properties,. Industrial Avenue (APNs .1;50-020-017, 150-020-
018, dnd 048-080-029j pursuanf fo direction from City Council, set forfh
in Resolution No. 2002-015 N.C.S., adopted January 28, 2002, (Tuft)
M/S Torliatt and O"Brien
AYES: Harris, Canevaro, Healy, Vice Mayor O'Brien, Mayor
Glass, Torliatt
NOES:
RECUSED:
None
Moynihan
B. Resolution Approving the Final Map for Twin Creeks Subdivision Phase
3. (Moore/Spaulding)
Council Member Torliatt questioned Condition # 10 in the staff report
and asked if it was referring to the plans or the project.
Council Member Healy asked staff if the neighborhood was notified of
this Matter being on the agenda this afternoon.
Craig .Spaulding, City Engineer, commented in his professional opinion
they have met the requirements of the conditions. He explained .some
history of the ,project. He noted when this subdivision was proposed,
the Corps of Engineers was still working on the plans so they didn't
want to interfere with. that construction,. particularly in the channel
area. They did not want to approve d map that .showed properties
that would be taken out by the Corps project. He noted the Terita"five
Map and. Negative .Declaration were approved in 1993.
Mr. Spaulding also confirmed the project is not outside the 100 year
flood plain and that the project is subject to the Zero Net Fill
requirements.
"' With respect to the noticing of the project, he explained that typically
with a Final Map Approval, there is not notice to the neighborhood.
When the Tentative Map is complefed, it is simply a matter for the
Council to act on.
Council Member Healy mentioned signage on the site that implies
there would be a discussion regarding the number of homes that
would be appropriate for the site, After clarifying with staff that the
developer has 10 years to comply with the conditions and that April
26'" is the ten-year deadline, he indicated his support for deferring
Council action tonight and having the matter noticed and brought
back to the City Council for action before April 26, 2003.
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Vol. 38, Page 370
February 24, 2003
Council Nlernbers Moynihan and O'Bcien would n'ot support deferring
the matter, indicating it, would be setting a pr~:cedent for additional
noticing when it was not legally required.
Mr. Spaulding pointed out staff is charged with assuring Council when
a development has.'met .conditions that have been set. He added as
City Engineer, h-e'is confirming for the .Council that this project has met
the conditions as required dnd staff` has not received any calls from
the public regarding this matter.
Council Member Healy indicated he would respectfully ~be voting, NQ.
on this matter, as he feels the sign gave a strong indication that there
would be a discussion on the number of housing units to be approved
for this site.
Mayor Glass.agreed with Council Memb°er Healy.
MOTJ:ON to approve:
Resolution No. 2003-27 N.C'.S. Approving the Find Map for Twin Creeks
Subdivision Phase 3. (Moore/Spa~ulding)
M/S Moynihan and Healy
AYES: Harris> Can,evaro, Vice Mayor O''Brien; Torliatt,
Nloyriihan
NOES: Healy and Mayor Glass
9. UNFINISHED BUSINESS
The Mayor, based on the number of individuals in fhe audience wishing #o'
hear the matter, moved Item 9:D forward on the Agenda.
D. Discussion and. Possib'le~ Action Regarding Early' Opening of th'e
Petaluma Swim Center. (Carr)
Jinn Carr, Director of Parks and Recreation, gave the staff report aril
asked the City Council fo authorize toff `t:o o"p€~h the. Petaluma Swim
Center during the month of March in order to accommodate high
school, lap and master's swimmers, with required funds allocated to
the Parks and Recreation pepartment Budget.
Council discussion ensued regarding funding 'f,or boilers, .and. it was`
noted th,atthey did. not qualify for the expected funding.
February 24,.2003 Vol.'38, Page 37:',T
1 Council Member Moynihan suggested 'thaf ifi debt service was shifted
2 for Lucchesi 'to public facilities fees, perhaps funds could be freed up
3 for funding for the boilers: He fhen thanked Nl;r. Carr and all others that
4 have workedtogether to make this opening happen.
5
6 Council Member Torliatt pointed out the larger issue, which is how are
7 we making sure the pool remains open. 'She questioned how staff is
8 dealing with that aspect.
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10 Mr. Garr responded the .Aquatics Committee had recommended an
11 Aquatics Manager, whic"h is still a, funding issue. He indicated it would
12 take an .additional position to go out and solicit additional fund to
13 ensure the pool stays open year round.
14
15 Council Member Torliatt'indicafed she feel this is a stopgap and not cln
16 overall plan. She encouraged the Aquatics Committee to work with
17 City staff to get additional funds for a manager.
18 '
19 .MOTION to authorize staff to open the Petaluma Swim Center during
20 fhe'month of March.
21
22 M/S Canevaro and O'Brien
23
24 AYES; Harris, Canevaro, Healy, Vice Mayor O`.Brien, Mayor
25 Glass,. Torliatt, Moynihan
26 ~ -
27 NOES: None
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29 A. Adoption `(S`econd ' Reacling) of Ordinance ~N'o.' 2142 Amending
30 Petaluma Municipal Code Chapter 8.16' to Add Sections 8.16.330 anal
31 8.16.340 'Prohibiting Unauthorized Scavenging of Garbage, Rubbish,
32 and Recyclable materials. (Rudnansky) '
33
34 MOTION to adopt: .
35
36 ~ Ordinance No. 2T:42 N.GS. Amending .Petaluma AA`uriicipal. °Code
37 Chapter 8.16 to Add Sections 8.16.330 and 8.'16.340 Prohibiting
38 Unauthorized Scavenging of Garbage, Rubbi"ski, and Recyclable
39 materials. (Rudnansky)
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41 M/S :Moynihan and O'Brien
42 ,k
43 AYES`. Harris, Canevaro, Vice Mayor O'Brien, Mayor Glass; `
44 Torliaft, Moynihan
45
46 NOES.: Healy
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Vol. 38, Page 372
February 24, 2003
1 B, Sonoma County Water Agency: •
2
3 1, Discussion and~Possibfe .:Direction Regardincg the Sonoma County
4 Water Agency's,Revis"ed Draft' Water Policy Sfaternent (Ban)
5
6 Michael Ban, Director of Water Resources 8~ conservation.gave .the
7 staff report and. presented staff's recommendations.
8
9 Randy Poole, General Manager, Sonoma County Water Agency;
10 _- addressed the• City Council and provided an overview.of the Water
11 Policy Statement. He indicated they still have to do an
12 environmental document.
13
14 Council Member. Moynihan stated he hoped the questions could
15 be frgmed 'in a more affiirmative stafement than .what is before
16 Council this evening. He also indicated he would give a higher
17 priority to the .Petaluma Aqueduct Improvements and the Kastania
18 Tank.
20 blr. Poole- confir"med they hope to have th.e draft EIR out fhis
21 'summer.
23 Council: Member Torliatt commented on the Policy Statement and
24 indicated that the original,, in 1991,., focused- on flood control :and
25 ~ water supply issues -the Water 'Policy now covered much more,.
26 ~ S•he stated she feels the Wager Policy should stick. with the original
27 "charge" and expressed concerns that the. public comments
28 regarding- changes they would like:. to ee in the proposed.
29 do~curnent were,. not added to 'the Water Policy. Statement: She
30 added, regarding flood control, the Zone •2A _Ad.viso.ry Committee;
31 had. provided; comments directly to fhe 13oard regarding fheir
32 purview and their area., which were not' included eifher.:
-
33
34 Council. Member Torliatt continued by stating they were told at the
35 Water Advisory Committee meetings that the: attachments to the
36 Water Policy Statement are not a ;part of the Policy Statement. She
37 clarified the attachments are for negotiation purposes.
38 .
39 Council Member' Torliatt: expressed. her desire to see fair. share eos.ts
40 defined, as well as .defining current, costs to supply the current
41 demand..
Mayor Glass indicated he would dike to see the costs of obtaining'
the new water supply and if the supply is even there...
46 Diseussio;n: regarding the policy `statement continued with, `Council
47 Members being .supportive.. of staff`s ~~ecorrttnendation ,with the
48 inclusion of Council•Member Torliatt's request for a better definition:
February 24, 2003 Vol. 38, Page 373
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of Fair Share Costs and incremental costs of future and existing
water demands fo be included.
2. Discussion and Possible Direction Regarding the Sonoma County
Water .Agency's Draft FY 03-04 Operations and ..Maintenance
Budget.
Michael Ban, Director .of Water Resources 8~ Conservation, gave
the staff report and indicated Mr. Poole and Mr. Kumar are present
for questions: He noted staff's support of the proposed budget.
Council. Member Torliatt commented on reserves in the Operations
.and Maintenance Account and questioned if three months of
funding is a prudent amount to be in the fund. She added at this
point there is excess, more like asix-month reserve, which she
would rather see used to reduce the rates. She noted the increase
in electricity funds, if not spent, are another reason to get, part of
the reserves back.
Krishna Kumar went over information regarding labor and services
with Council commenting they are pretty high an~d~there should be
a discussion to see if what is being charged is in line.
Mayor Glass clarified that if the reserves were .less it would not
affect the bond requirements.
Council Member Torliatt indicated, with regard 'to the operating
reserves, that of the 15 powers the W"AC has, # l O~ allows the WAC
to determine the amount of the prudent operating reserve to be
maintained by the Water Agency pursuant to 4.2B of the ll'th
Amended Agreement. She indicated it seems as though we would
have the power, based on what the. WAC's direction would be, to
lower the rates.
Mr. Poole then indicated the power referred to is to move it from
the operations fund to various construction funds, adding Chat=s the
interpretation he has gotten from legal, counsel.
Nlr. Poole concluded indicating the operating reserves, at ~7N1 are
only at a 3-month reserve level. '
NIOTIO;N to support staff's recommendation to direct the: Council's
WAC' representafive to approve the Preliminary Budget as is.
M/S Healy and O'Brien
AYES: Harris, Canevaro; Healy, Vice Mayor O'Brien.,
Mayor Glass, Torliatt, Moynihan
Vol. 38,.Page 374
February 24, 2003
10 ~eEt~t~~f~o-~ep~r~ rynlY ~CC1 Ip /Y p~I'YI IDC+ f/'1Y Dr~r~~erl fir Drelirv+On~~i'
1.1 ~lecinn ~r,a Cnnineerinn fir n rrncc_T~~win• r~+nncElv~Rlc~~lunQti°---+r^v
12 b~ vmFT~t ~--~en~~en+~~,N~~i t4~~A~#e~;n~~#±ves--~A~l~s+s f~r~,°
13 ~:ener~ITlen,~-S~TY~~:ti,;~„~ the~~rf~ce-~/ rff~
14 ~~~~~~~ rror+o,>I fir Ci ~,.h_ eY,!"1~;,C~C. (Removed from the Agenda dt'the
15 request ,of the_~City Manager.)
16
17
18 10. ,N;EW BUSINESS
19
20 A. Discussion and Direction: to City Council Liaison to Address Issues Arid
21 Questions Concerning Affordable Housing Linkac~e Fee.
22
23 Council Member .Healy reported on meetings held by the Mayor`s and
24 Councilmembers' Task Force.. on the :Affordable Housing Linkage Fee:
._
25 Issues-arid Options, He indicated they would have a recommendation
26 to be brought ..back for consideration in 90 days and proceeded to go
27 over the various. issues/options, that were presented in August. 2002. He
28 referenced #7, Exemptions, and noted he does not know if it would be
29 appropriate to completely exempt redevelopment or jusf substantially
30 reduce -the fee.
31 ~ ,
32 ~ Council Member Torliatt 'indicated, sh;e would like information on the
33 financial impacts ~ of the. ,proposed exemptions c~nd suggested having
34 Ms. Tuft, through the General Plan process, given the Council an idea
_.
35 on how much money would be generated with i~he potential fee.
36
37 ~ ~ Council discussion ensued with clarification 'that the fee would be on
38 'new construction.
39 _.
40 Council .,Member Moynihan voiced, some reservation, indicating that
41 with this fee;, it .may make. a project economically unfeasible. He
42 agreed with co'nsiderd ion of exempting. redevelopment and
43 commented on ho"w the~20% set-aside program has been successful,
44 as well as in-lieu housing fees: He indicated if this were to move
45 ~ :forward., he would support evaluating the proposed outcomes so ds to
46 no.t perpetuate an economic downturn.
47
February 24,.2003 Vol. 38, Page 375
1 Mayor Glass indicated his support of the development fee, stating we
2 need every dollar we can get. He commented h.e would. be willing to
3 look at areas of exemption, as well: In conclusion, he indicated that ih
4 principal, these fees do not cripple fhe backs of business.
5
6 Bonne Gaebler, Housing Administrator, commented on the nexus
7 study done to prevent lawsuits in the future and indicated she would
8 be happy to look at the numbers as they affect Petaluma.
9
10 Council Member Torliatt remarked she has heard about how great
11 Petaluma's housing programs are., yet at the .mid-year budget review,
12 if was determined we didn't have all the cash we thought we did. She
13 indica"ted the need to be looking for revenue sources, but does not
14 thinK redevelopment should be completely exempted. She would
15 consider reducing the fees in that area.
16
17 Council Member Healy thanked the Council for their input and
18 indicated there will be some product of this, process that will come
19 back fo the City Council within the next two to three months.
20 -
21 CLOSED SESSION
22
23 PUBLIC COMMENT:
24
25" .Geoff Cartwright, Petaluma, addressed the City Council indicating that Mr.
26 Moynihan has' collected :five donations over the $200.00 limit and he was q
27 candidate at that time. He stressed that Mr. Moynihan eontinu,es to deny he
28 broke the law or that the law applies to him. He voiced frustration that Mr..
29 Moynihan. has not agreed to settle the lawsuit and stressed the costs involved to
30 continue to pursue this matter. He concluded by stating Mr. Moynihan has shown
31 a distain for~fhe community and the law.
32
33 CONFERENCE 'WITH LEGAL COUNSEL -EXISTING LITIGATION PURSUANT TO GOVERNMENT
34 CODE §~54956.9(A)`; CITY OF PETALUMA VS. IVIOYNIHAN, SONOMQ COUNTY'SUPERIOR COURT
35 CASE No. 228276.
`36' • CONFERENCE WITH REAL PROPERTY NEGOTIATOR - PURSUANT TO GOVERNMENT CODE
3.7 ~ §54956.8. PROPERTY: TWO PARCELS LOCATED ON THE 4000 BLOCK OF LAKEVILLE HIGHWAY
,38 (APNS Ol 7-1.70-002 AND O6$-010-026). ONE PARCEL LOCATED SOUTHWEST OF THE CITY'S
39 OXIDATION PONDS (APN 019-330-009}. A SMALL PORTION OF ONE PARCEL LOCATED AT
X40 3880 CYPRESS DRIVE (APN 005-090-062). NEGOTIATING PARTY: MICHAEL BIERMAN/MICHAEL
4.1, BAN. UNDER NEGOTIATION: PRICE, TERMS OR PAYMENT, OR BOTH.
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43 COUNCILADJ:OU,RNED TO CLOSED SESSION AT 5:05 P.M.
44 -
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46 ***************
Vol. 38, Page 376 February 24, 2003
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EVENIfVG SESSIOfV
CALL TOORDER -The meeting was called to order ~at 7:OO p.m.
Pledge of. Allegiance
Moment of.Sil'ence - in memoryof BiIL:D.onovan
.Roll Call:
Present.: ..Harris, Canevaro, Vice Mayor O`Bnen; Healy, Mayor Glass, Torliatt
Absent: Moynihan
11. PROCLAMATION
Declaring Tuesday, February-25, 2003 as "Spay Daq U,SA 2003"
Rene Cerini was present to accept the proclamdtion.
Declaring the Month. of 'February, 2003 as '"Petaluma Blacks. 'for
Cornmunity'Developmenf -Black History Month"
Faith Ross and Gloria Robinson were present to accept the proclamation.
12. REPORT' OIIT OF CLOSED SESSION ACTIONS TAKEN
No reportable action was taken by the City Council in Closed Session.
13. PUBLIC COMNI'ENT
Terence Garvey, Petaluma, addressed the City Council; sfating~ he s~ glad,
to seethe Council gefting akong so well.
..Bill. ,Donahue, Petaluma, ..addressed theCity Council regarding
Sandalwood Estates and again asked the City Council to support 'a
Mofjle Home Park zoning ordinance..
Tom. Sragusa, Petaluma, addressed the City Council regarding the
Petaluma :United Soccer Club and an upcoming event at Lucchesi Field
this weekend.
Louise :Leff, Petaluma, addressed the City Council .regarding. her`
disappointment in the. outcome of the February 10, 2003 Special Council
meeting regarding the USA Patriot Act.. She stot:ed it is becoming, obvious
that the Council is no.t paying attention to the voice of the community.
February 24, 2003 Vol. 38, Page- 377
1 ..Geoff Cartwright; Petaluma, addressed the City Council regarding
2 Petaluma's Flood Plain dnd proposed developments.
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4 Joe Manthey, Petaluma, addressed the -City Council regarding the
5 upcoming AAUW "Sister-to-Sister" event to 'be held on City property and
6 indicated that he feels the event should be cancelled or held on private
7 property at another location. He'stated the City will be breaking the Idw
8 by allowing this event to take- place and .should consult with their :City
9 Attorney.
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11 Elaine Lucia, Petaluma Civil Rights Defense, addressed the City Council
12 regarding the status of the Patriot Act. She indicated her disappointment
13 that a vote was not taken on February 1`0'h. She continued by
14 commenting on the Patriot Act II, which, will allow secret arrests and.
15 removal of "cifizenship from people born in this country.
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17 Dave Libchitz, Petaluma, addressed the City Council, asking that they
18 "leave their egos at the door" and noting that Council's actions. have
19 long-term implications. He indicated Council Members should excuse
20 themselves when. their personal views pose a conflict of interest.. He asked
21 that the City Council .,pay attention to the people and voice of the public.
22 He thanked Pam Torliattfor listening to the public.
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14. CORRESPONDENCE -There was none.
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26 15. COUNCIL COMMENT AND LIAISON REPORTS
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28 Council Member. Canevaro commented on the Pedestrian and Bicycle
29 Advisory Committee proposal to secure TDA funds for this cycle;- He
30 indicated the plan would effectively open up two bike¢pedestri'an lanes;.
31 .one from the Airport west to Ely Rd: and generally northwest to E.
32 Washington Street, and a second path from Prince Park.. west to Sonoma
33 Mountain Parkway.
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35 Council Member Harris. reported on the recent Airpor'.t Commission
36 meeting and commented on the status of the hangar project.
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38 Council Member Torlictt reported on the Water Advisory Committee
39 Meeting held today where negotiations for the new Water Policy
40 Agreement are being discussed. She noted she will bring back language
41 for final comment by the City Council and that this matter will be
42 agendize~d in the near future.
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44 City Attorney Rudnansky ~ commented on the remarks made by Mr.
45 Manfhey and indicated that since boys wilt be allowed to attend the
46 event and there will be risen there to facilitate their participation, he sees
4T no problem with the AAUW event going forward. He noted he would be
Vol. 38, Page 378
February 24, 2003
1 happy to look.. at any specific ,.legal authority Mr, Manthey feels would
Z prohibit: the event from taking place,.
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4 Jim. Carr, Director of ~ Resredtion and Parks addressed the City Council
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5 explaining the .contingency ;plane for the Sister-to-Sister Program. He
6 suggested having Ivlr: vlanthey volunteer and join fUrces with others to put
7 toge,fher';needed programs for boys.
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9 Council Member Torliatt stressed the importance of the Sister to-Sister
10 program whereby girls are encouraged. to 'participat'e in math and
11 science .and other career paths that are, not generally ,pursued by
1'2 women.
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14 Council Member Healy .commen:te:d .on First.A;mendme.nt Iifigation issues
15 and stated there is nothing ,ill'egal witfl allowing .A_AUW to ,use: the City`s
16 facilities'. Hesuggested staff- provide a response ~to Council regarding this
17 matter:
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19 1,6: CITY MANAGER COMMENTS -There, were none.
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22 17. AGENDA CHANGES, ADDITIONS, AND DELETIONS -There were none.
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25 18. UNFIfVISHED BUSINESS (CONTINUED)
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27 A. Discussion and Possible Action Regarding Allcagnc-lia Place Subdivision.
28 ..
29 Mayor- :Glass read a letter subrriitfied by £:ouncil Member Moynihan,. as
30 he was,,not present at the meeting and ,requested that it' be read into
31 the record. The letter was dated February 24, 2003 and .read:,
32
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33 "I arm ,absen from ''the e:venmg session due to my conflicf of inte'resfi
34 wi h the magnolias Place agenda item. Would yov please read the
35 following. to-avoid any confusion on the: matter? 'Thank yov.
36
37 1 am: recusing myself from fhis_ item d.ve to what f believe to ,be a
38 conflict of inferes~fi uhder fihe Political 'Reform ,Act and FPPC Guidelines.
39- f, through my real .estate brokerage company; Nexus Realty Group,
4.0 -_ Inc., represent the Lucretia, P: /v1eN,ear Thomas Trust ('fhe currenf owner
41 ~ , , of fhe 17 acremagnolia parcel). That parcel is currently in q; contract
42 of sale to tilissio'n Valley Properties, the developers of this project..
43 Since nexus Realty Group; Inc:, has a con ractu~L relationship, with, the
44 Trust to provide brokerage services dnd will receive income from the
45 Tnust upon the close of the sale: of the ,Magnolia parcel, I am recusing
46 myself from participating in this agenda~item.
47 - . -
48 Thank you..
February 24, 2003 Vo1,~~38,,;Page 379
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:Bryant Moynihan
Petaluma City Council Member"
Betsi Lewitter, City Planning Services, gave the staff report and
reviewed wifh the City Council the revised tentative map fora 45-lot
subdivision, including a reconfigured EVA and parking area.
Steve Arago introduced Marcy Matthews and Dan Aguilar from
Mission Valley Properties, who went over the recommended' changes.
Dan Aguilar addressed the City Council arid stated in return for the
changes ~ that were made, during their negotiations with the City
Manager, there was a dear understanding that there would be some
modifications fo their homes as follows:
It was. agreed that they would be allowed to increase the maximum
size of the homes to be constructed on lots 35 through ~45 by 500
square feet. He indicated that the increase does not necessarily
mean that all the homes will be constructed =a.t the maximum size limit..
Additionally,. it was agreed that they would be~ able to add up to 250
square feet to the plan 2 and 3 homes on the Magnolia site, without
increasing the actual footprint that currently exists. This would be
accomplished by converting the 18-foot high ceilings into an extra
bedroom or a loft.
He indicated at the appropriate time he would like the Council to
provide direction on how they document this portion of fhe:
agreement.
Council Member Healy questioned fhe. pedestrian access that does
not line up with Eddy Way. ~, ~ ~ -
Mr. Aguilar responded. by explaining, their. reasoning for reconfiguring
the access. He also confirmed the available street parking.on the new
street.
Council Member Torliatt asked. that fhe requirement to have 'the park
improvements completed on or before `the Idst certificate of
occupancy being issued be -added to the conditions of the project.
Council discussion ensued regarding emergency vehicle dccess to the
project.
Public Comment:
Stan Gold, Petaluma, addressed the City Council, indicating there is no
obligation for the City to annex this property unless it is deemed as
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February 24, 2003
meeting a community need. He stressed the City has no money- for
park acquisition or maintenance.
Bill. Phillips,. Petaluma,ad'dresse'd the City Council reggrding the
General Plan vision for a communi?y park on_ that site,. He, Indic""aced .his
support ,for th:e changes that Mr. gguila"r..has "made. He noted: for the
record.. that .Mr: Aguilar's .offer of 42 ,houses and a 9.18-acre park was
his first choice among all the alternatives.
Becky Winslow, petdluma, addressed the City Council, asking them to
"not ell the City out." 'She asked that the: Council not ignore. the
General Plan and the people of the community. She concluded, by
stating in her view; if the Council votes. for the developers, they are.
being `'bought."
Dr. Guy Gullion, Petaluma;. addressed the City Council, noting a
majority of the .neighbors .do not want this property to be annexed: He
coon"merited th'e extra three houses in the southeast corner harnp:er
the park and should be, open 'space. He concluded by stating if th:e:
.'.dev.,efoper would. agr..ee toy remove the two or three houses: at the
southeast corner, it-would result in a win-win situation.:
Louise Leff, Petaluma,, addressed the City Council, indicating she is, not
supportive of'some of the: houses being made larger, as requested. by
_ N1r. Aguilar. She indicated she is not impressed, with. the ,cost per house:
with regard to development fees and .,concluded by stating the
Council should consider other .proposals `for fewer houses on the
property..
AAatt Maguire; Petaluma, addressed the City Council, indicating-they
-don't haye_, to accept, the proposal that is before- them this evening,.
H'e:would'urge the CounciC to deny the request as currently structured.
He would like to see the proposal g'o back to 42 homes andstressed
new development does n:ot pay for itself.. He suggested `the Council
require do .assess,ment distric# for the project and. indicated. the
pedestrian. access would line up if you eliminate the other lots, as
suggested.
Geoff Cartwright, Petaluma, addressed the City council, indicating the
cumulative impacts .on the: Petaluma River a.nd the base flood
elevationsf will be exacerbated further with f his development.. H:e
indicated there; is not sufficient data, to approve a mitigated negative
declgtation for this project
City Council discussion. ensued regarding the- developer's request fo
add to the. additional square, footage of some homes and clarified
with th"e City Manager that he had' agreed fo those chgnges in the
February 24, 2003
Vol. 38, Page 38;.1
1 recent` negotiations with the developer to lessen the- number of` units to
2 be bwilt.
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4 Discussion then ensued 'regarding public access to parking, square
5 _ footage of the homes, and private open space for public access.
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7 The City Council took~a recess at 8:35 p.m. 0 8:40 p.rn.
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9 Council Member Torliatt confirmed with the developer"that Magnolia
10 Avenue will not be widened, there will bed .sidewalk between the
11 proposed entrance and Samuel Drive, and there would. be no parking
12 on Magnolia.
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14 Covnc'if MemberHealy indicated what has been brought forward. is a
15 significant improvemenf. He noted the park construction and current
16 proposal as being more functional; acknowledged an increase in
17 maintenance funds,. the saving of more oak trees, and that the
18Magnolia frontage would be paved. He further commented that
19 although significant traffic flow problems remain on Magnolia, it is not
20 _ "the total responsibility of this project fo fix that.
21
22 Discussion ensued regarding the removal of one lot to facilitate the
23 access to Eddy. The lot being referred to for elimination was lot 28,
24 - with a l Council Members supporting its elimination at this part of the
25 ~ discussion, which later in fhe evening was changed to lot 17 that
26 would ultimately be eliminated per an additional proposal by the
27 d:eve_loper.
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29 ~ Council .,Member Torliatf .stressed. the inclusion of the park being
30 completed by the time'th'e last Certificate of Occupancy is issued.
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32 :.IVI"OTION to adopt:
33 ~ ~ -~
34 "' `~ Resolution iVo. 2003-28 NCS. Adoption of Mitigated Negative.
35 Declaration for the .Magnolia Place Subdivision (APN 048-141-.012 ,and'
36 048-23-1-027) to be 'Located on Two Parcels Totaling .24.42Aeres on
37 Magnolia and Gossage Avenues, West of the Cypress Hills Cemetery.
38
3..9' (All motions made included:. The total nu,rnber of ;homes to be 44; the.
40parkland to be dedicated'to the City would; be. adjusted to reflect th'e
< .~
41 ,~. ~ change in the number of homes; the number=of units on the Magnolia
42 ~ Avenue site would be 27,~that the park maintenance annuity from the
43 developer would be'$175,000; the'ncrease of the maximum size ofthe
44 ho.rrmes.to be constructed on lots 35 through 45 by 500 square feet and
45 the addition of up to 250 square feet to the plan 2 and 3 homes. on the
46 Magnolia site, without increasing the, actual :footprint that currently
47 exists; the park should be completed upon the issuance of the
Vol, 38, Page 382 February 24,.2003
Certificate of Occupancy' for the last home on ~Fhe ANggnolia site;, and
that lot 17 would bye removed:)
M/S Healy and O'Brien
-AYES: Harris, Canevaro, Healy, Vice Mayor O''Brien,.
Mayor Glgss
NOES:: Torliatf
ABSENT/
RECIJSED; Moynihan
Council Member Torliatt ,commented, she. is-not in favor of the General
Plan, am.en`dment, as she cannot. support findings 1, 3 or 4; which were,
in part:
1. "That the proposed amendmenf is deemed o be in, the public
in teresf.... "
3. "That the proposed General Plan. amendrr-enf is consistent and
compatible ,wifh the res# of the, General Plan.,.„''
4. "That fhe proposed dm:endmenf has been ,process in accordance:
with the applica- ble. provisions of the Calif. Governmenf code: and'
the Calif.. Environmehtal Quality Act."
She concluded by cornmentipg, she is supportive of the position of the
members of the public, Recreation, Music, and R,arks Commission, .
SPARC and the Planning Commission wifh regard to ;this project.
Councif:Member Healy commented if Council doves not movie. forward
with, approval we will riot get a park here; at all. He .commented on
the large grove of trees no longer there and indicated:,it is ~a,ppropriate
to move forward with this proposal under the. circumstances.
Council Member Harris indi:cafed he is baking for awin-win-win
situation for the residents,; applicant and the community at-large. He
feels this is a good example of a public/private partnership:
Vice Mayor O''Bri'en stated his support for the General Plgn '
amendment based' on the .overwhelming; support of the. people in
1998 who sup,porfed the urban growth boundary. `
Council Member torliatt argued the urban growth boundary' did not
g'iv.e entitlements to this. property. ,She added her issues are not about
the developer, they are dbout the property. She: concluded by
February 24, 2003 Vol. 38, Page 383
1 .indicating she had heard people say they did not need a park in this
2 location right. away.
3
4 Mayor Glass stated his objections to this project are about the parcel,
5 not the development. He indicated he feels the General Plan is a
6 promise to the community and creates a :reasonable expectation for
7 the public. He concluded by stating the people who bought homes
8 on Samuel thought. the land in question was zoned for Open Space.
9 He, too, could not support the finding on # 1.
10
11 It was at this point that Mr. Aguilar suggested the elimination of lot 17
12 instead of lot 28, which would then shift things up to allow access line
13 up with Eddy.
14
15 (All motions made included: The total :number of hornes to be 44; the
16 parkland. fo be dedicated to the City- would be cidju"sted to reflect the
17 change in the number of homes; the number of units on the Magnolia
18 Avenue site would be 27, that'the. park maintenance annuity from. the
19 developer would be $1:75;000; the increase of the maximum size of the
20 homes to be constructed on lots 35 through 45 by 500 square feet and
_
21 the addition of up to 250 square feet fo the plan 2 and 3 homes on the
22 Magnolia site, without increasing the acfual footprint that currently
23 exists; the park should be completed upon th'e issuance of the
24 Certificate of Occupancy for the last home on the Magnolia site; and
25 that lot 17 would be removed.)
26
27 MOTION to adopt.:
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29 Resolution. No, 2003-29 N.C.S. Approving a General Plan Amendment
30 to Amend the Land Use Designations for do 8~ Acre (acreage
31 number will change to reflect the change in lots) Portion of the
32 Magnolia Avenue Site From "Proposed Public Park" to "Urban.
33 Standard" and to Redesignate the 7:37 Acre Gossage Avenue Site
34 From "Suburban Residential" to "Urban Standard."
35
36 M/S Canevaro and Harris
37
38 AYES: Harris, Canevaro, Healy,,`Vice Mayor O'Brien
. 39
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40 . .NOES: Torliatt and Mayor Glass
4`l
42 ABSENT/
43- RESCUSED: Moynihan
44
45 MOTION to introduce:
46
47 Ordinance: No. 2146 N.C.S. Approving Prezoning to Planned Unit
48 Development District (PUD).
Vol. 38, Page 384
February 24, 2003
M/S Healy and. Carie.varo
AYES: Harris, Canevarq, Healy, Vice Mayor O'Brien
NOES: Torliatt and .Mayor Glass.
ABSENT/
RfSCUSED: Moynihan
MOTION to approve:
Resolution No: 2003=30, fy.C.S. Approving Plan_r~ed Unit Development
Plan.. (To include.the change to 44 lots and the removal of lot 17.;)
M/S O`' Brien and. Healy
AYES: Harris, Canevgro, Healy, Vice, Mayor O'Brien
NOES: Torliatt and,M'ayor Glass
ABSENT/
RESGUSED: Moynihan
MOTION to approve:
.Resolution IV~o: 20203=-31 N:C.S. Approving Vesting Tentative Subdivision
Map to Divide. the 24.42 Acres into 44 Residential Lots, Leaving ~;
(Acfual number to change based .on the change in number of lots)
Acres to be Dedicated to the Cfy fora. Neighborhood Public Park.
M/S O`'Br•ien and Healy
AYES: Harris, Canevaro,. Healy, Vice Mayor Q' Brien -
NOES: Torliatf and.. Mayor Glass
ABSENT/
RESCUSED: Moynihan
AAOTION to adopt:
Resolution IVo...22003-.32 N.C'S: Supporting Application to the 'Local
Agency Formation, Commission (LAFCO,)~ to Initiate Proceedings for
.Reorganization of Two Parcels Totali,rig 24.42.+/- Acres Known as.
Magnolia Plaee to beLocafed at Magnolia and Gossage ,Avenues,
APNs: 048-141-01.2 & 048-1-32-027 Pursuant to the, Corfese/Kn'ox Locale
Government Reorganization Acf of 198'5: .(Moore)
February 24, 2003 vol. 38, Page 385
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M/S H_a"rris and Canevaro
AYES.: Harris, Canevaro, Healy, Vice Mayor O'Brien
NOES: Torliatt and Mayor Glass
ABSENT/
RESCUSED: Moynihan
PUBLIC HEARINGS -None scheduled.
NEVV BUSINESS
A. Discussion, .Direction and Possible Action to Approve Amendments to
City Council Rules and Procedures. (Rudnansky) (Continued from fhe
February 3, 2003 Cify Council Agendv.)
Rich Rudnansky, City Attorney, went over the proposed changes,
which included clarifying when a second to the motion for,
reconsideration could be made, consideration of setting a deadline
when information from the public will be included in the City Council
Agenda Packet, how to handle Council Members' requests of staff,
and an overview on recent legislation regarding Censure/Closed
Session Confidentiality.
Public Input:
Matt Maguire, Petaluma, addressed the City Council in support of
having a second to a motion to reconsider being at the time. the
motion is made.
Geoff Cartwright, Petaluma, addressed the City Council and. clarified
that materials given at the City Council would still be included in the
record.
Stan Gold, Petaluma, addressed the City Council, clarifying the
process of introducing and adopting ordinances, which happen at
two separate meetings.
There was City Council consensus to approve the
changes/clarifications as proposed by the City Attorney. The
amended procedure will be brought back to the City Council at the
next City Council Meeting for action 'on the Consent Calendar.
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Vol. 38, Page 386
February 24, 2003
ADJOURN -The meeting was adjourned at 9:30 p,:m.
David Glass, Nl~yor
ATTEST:
Gayle P ,terse'n, Cify Clerk
******