HomeMy WebLinkAboutCity Council Minutes 06/03/2002June 3, 2002
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a . ~ City of I'eta uma, California
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Vol.'38, Page 1"
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2 City Council Meeting Minutes
3 Monday, June 3, 2002 = 3:00 p.m.
4 Regular. Meeting
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6 PRESENT: Cader-Thompson, Vice Mayor Healy; Maguire, Moynihan,
7 O'Brien, Torliatt
8 ABSENT: Mayor Thompson
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12 PUBLIC COMMENT
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14 None
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16 COUNCfL COMMENTS, LIAISON REPORTS.
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18 Councilmember Torliatt asked for update on the Interim City .Clerk situation.
19 Paulette Lyon's last day is June 28. Only one person is sitting in the City Clerk's
20 Office at this time. Is Council going to go forward and hire or appoint another
21 Interim City Clerk?
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23 Councilmember Cader-Thompson stressed importance of .City Clerk's Office
24 running smoothly during this election year. That may mean hiring another Interim
25 City Clerk. Council needs to make a decision.
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27 Vice Mayor Healy agreed and wondered when this could be agendized..
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29 City Manager Stouder had spoken to Mayor Thompson -suggested conference
30 ~ call wifh recruiter on issue. Direction from Council?
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32 Vice Mayor Healy asked what the time frame was.
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34 City Manager Stouder -Time frame and status. are questions only recruiter can
35 answer.
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37 Vice Mayor Healy suggested Mr. Stouder ask recruiter .for let-ter regarding Interim
38 position and what Council should be doing at this point.
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Vol. 38, Page 2
:June 3, 2002
1 City Manager Stouder -Most importan't~ thing is 'for Council to have direct
2 conversation with. recruiter as soon as possible. That can be set up for next
3 Council meeting.
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5 Vice Mayor Healy -"Could fhat beset for~'Closed Session at 6:00 p.m. June 10?'
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7 Mr. Stouder -Yes.
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9 Councilmember Maguire -- Thought Council .received recent letter from recruiter
10 reporting progress on locating potential In"terim City Clerks, and indicating there
11 were several', available.
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13 Councilme"mb_er Torliatt -Council never made a decision about' appointing:
14 another Interim City Clerk. That needs to be discussed in Open Session. If there "
15 are people applying for Interim City Clerk, we need to look at the applications in
16 Closed Session.
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18 Councilmember Maguire preferred to hire new City Clerk as soon as possible and
19 not hire another Interim City Clerk.
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21 Vice Mayor,Healy would like information from recruiter on time. frame. for."• Hiring
22 permanent, City Clerk. He did" not. think it would. happen in time to .help get the
23 election process off to. a 'smooth start. Once that confirmed, discuss Interim City
24 Clerk issue. Needs to happen quickly...
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26 Councilmember Cader=Thompson thought someone should call` the recruiter
27 today.
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29 Councilmember N1"oynihan suggested calling the former City Clerk,: Pat_ Bernard;
30 to see if she would be interested in filling in as an Interim City Clerk.
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32 City Manager Stouder replied she had been c,ontaeted; 'and was not available.
33 He noted fh,is was not on the agenda and he wasn't sure how much of it was;
34 appropriate for Open/Closed Session.
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36 Vice Mayor Healy liked. the idea of calling the recruiter this. p.m: and talking
37 about it at the 7:00 p.m, meeting..
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39 Councilmemb:er Torliatt thought fhe only Closed Session item would b.e actual
4,0 review of applications. Other than that, entire process an open one.
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42 Councilmember Cader-Thompson. asked who gave authority for someone to ask
43 someone: fo be Interim City CI"erk? Thinks it inappropriate.
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45 City Manager Stouder,.said he was trying to "ke;ep this moving." Will .get reeruit:er
4.6 on phone immediately, and report back at 7:00 p.m. meeting.
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June 3, 2002
Vol. 38, ,Page 3
1 Councilmember Maguire - A Councilmember, he thought Councilmember
2 Torliatt, specifically asked the recruiter to look into the Interim issue because
3 Council knew the current Interim City Clerk would be leaving well before a new
4 City Clerk was in place.
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6 Councilmember Cader-Thompson -Regarding, the Keller Street Parking Garage ~.
7 -would like one other design considered. Should not close off pedestrian access
8 directly from garage to Golden Concourse and Kentucky Street. Alternative:
9 closing doors going .into the garage where the cars park and closing door so
10 people can't go up into stairwell.
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12 Councilmember Maguire. -Was that exit slated to be blocked off permanently?
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14 Councilmember Cader-Thompson -Yes. '
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16 Councilmember Maguire -Agreed with Councilmember Cader-Thompson.
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18 Vice Mayor Healy -Sounds :like 4/3 vote in favor of design is now 5/2 against:
19 Can't discuss this now, but should it be agendized?
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21 Councilmember Cader-Thompson -Not against design -just another alternative
22 that should be looked at.
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24 Vice Mayor'Healy-This is not on agenda and can't be discussed now. Should it
25 be re-agendized?
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27 Councilmember Moynihan -Yes
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29 Vice Mayor Healy -Transportation Authority next Monday, June 10, will consider
30 request of Novato Narrows Policy Advisory Group, which asked SCTA and the
31 Marin Congestion Management Authority for help on funding strategy for
32 Novato Narrows.
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36 APPROVAL OF MINUTES
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38 April 29, 2002, May 6, 2002, and May 13, 2002
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40 Councilmember Torliat;t -Called City Clerk to fill'in a couple of missing names.
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42 Vice Mayor Healy -May 6, page 16, regarding .Fireworks Ordinance, motion at
43 top of page -add the third modification -language clarifying map of restricted
44 area to be posted at each fireworks boofh.
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46 Motion to approve minutes as corrected. M/S Maguire/Moynihan
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48 AYES: Cader-Thompson, `Vice Mayor Healy, Maguire, Moynihan,
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Vol. 38, Page 4
NOES:
ABSENT:
ABSTAIN:
O' Brien,,. Torl_iatt
None
Mayor Thompson.
None
CONSENT CALENDAR.
June 3, 2002
Councilmembe"r Torliatt pulled item 5A, Recycled Water Agreement;- Karren and
asked to have addifopal language included in the agreemeri;t regarding
remedy forno:n-payment.. Council agreed.
The following items are non-controversial and were enacted in one motion:
M/S Moynihan/,M:aguire
AYES:. Cader-Thompson, Vice Mayor Hedly, Maguire, Moynihan,
O'Brien, Torliatt
NOES': None
ABSENT: Mayor Thompson.
ABSTAIN; None
RES;O 20A2-080, N:C:S.
STREET CLOSURE: CLASSIC CAR CRUISE-fN
Resolution Approving Street Closure on 4th Street, Be#ween 'D' and `E'' Streets, for
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the Cruisin' North Car Club on Sunday,., June 16, 2002 from `I 2 Noon to 6:00 p.m.
RES0.2002c-081 N.C.S.
PURCHASE;MINIVAN
Resolution Authorizing the .Purchase of a 2002 Ford: Windshd~ Minivan from .Henry
Curtis Ford in the.Amoun~f of $22,923.85.
RESO, "2002:-082;,N.C.S.
REJECT VACUUM EXCAVATOR BIDS
Resolution :Authorizing the Rejection of
Vacuum Excavator and Directing' the
Excavator.
RESO, ,2002;-083. N.C:S.
STREET CLOSURE: ART:& GARD:EIV FESTIVAL
. Bids Received "tor the Pur..chase of a
City Manager to,. Re=bid tfi~e V,dcuum.
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June 3, 2002.
Vol. 38, Page.5
Resolution Approving Street Closures .for Art an'd Garden Festival Sponsored by
the Petaluma Downtown Association for Sunday, June 9th'from 6:00 a.m: to 6:00
p..m: for the Following Streets: `A'. Street Parking Lot; 5th Street Entrance to 'A'
Street Parking Lot; 4th Stre'e`t Between• :;B' Street and Western Avenue..
APPROVE AGENbA:JUNE 1.7; 2002
Approval of Proposed Agenda for Council's Regular Meeting of June 17; 2002.
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RESO. 2002-084 N.C.S. _
RECYCLED WATER.USER'S-AGREEMENT: KARREN
Resolution Authorizing t:he City Manager to. Execute a Recycled Water User's
Agreement with the Karren Family, (Continued From May 20, 2002 Council
Meeting).
**** END CONSENT CALENDAR****
ORD. 2132_N.C.S.
TRAFFIC CODE ENFORCEMENT: ADOBE°CREEK SUBDIVISION
Introduction of Ordinance. Amending Chapter 11.12.150 of The Petaluma
Municipal Code. for Vehicle Code Enforcement of Private Property Roadways
Within The Adobe Creek Subdivision (Adobe Creek 'Drive; Falcon Ridge Drive;
Makena Court, Wedgewood Court,, Vintage Court, Raffles Court, Spanish Bay
Court, Birnham Wood Court, Arrowhead Court, Sugarloaf Court, Horseshoe
Court, Princeville Court, Sapporo Court)
Councilmember Maguire -This. is a proposal to include Adobe Creek streets so
traffic. enforcement can occur.. They maintain streets - no cost, to City. However,
incremental costs to rest of community in that our limited resources are now
asked to .stretch further. Asked Police Chief Patrick. Parks jf he knew of any city
charging for example $5.00 per year per home assessment fee to defray cosy?
Chief Parks -Has not but will research idea for future.
Councilmember Maguire -Would support with that proviso. Thinks additional
services need to come with commensurate price tag: Js this item urgent? Could it
come back with information from Chief Parks regarding possibility of fee?
Vice Mayor Healy -When subdivision~went through., it had private streets. Is there
any additional revenue source provided when developer dedicates street to
City and opposed to having private streets?
Chief Parks -None that he was aware of.
Vol. 38, Page b June 3,,2002
1
2 Mr. Stouder concurred.
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4 Councilmember Moynihan -Spoke. to man~ggement' company that handles
5 association. for that group. Last year they- pu about $456,000 into street
6 maintenance, .More than City's street rpdintenance budget for the entire City.
7 Subdivision is helping City out by maintaining streets. Should not discourage this.
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9 Councilmember O'Brien - If we are:. dedicating, streets to City for`-enforcement,
10 won`t fh;at generate revenues?
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12 Chief -Parks Y:es., When subdivision comes into City.; City `still. provides law
13 e.nforc.ement. This is "specifically for traffic code enforce"rnenf "on private streets,
14 and there would be. offsetting revenue generated. -Will check. to. see what ofher
15 cities are doing regardingfees. The:: problem is`, City 'has not required this" of any
16 other ubdivision. Should move matter forward, butt come" back w%fh possibility of
17 assessing fee for' all subdivisions in Phis situation. .
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19 Councilmember Cader-Thompson -Agreed with Chief Parks -wants to make
20 sure we check with attorneys ,to mgkesure-all o.k. _
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22' Councilmember Torliatt - Concur. Need to be fair to Adobe Creek - we .have
23 not charged any subdivisions in the pas°a. W„ould support looking at :as overall
24 fairness ordinance throughout City'for all private streets.
Councilmember lvlaguire - If weve made. mistake in past - no rationale for
making same mistake again. Just gone `through Cost of Services Study -would be
more appropriafe: to continue: item. until more information proyi'ded on possibility
of levying fee. Potential, for revenue miniscule compared to"cost.
Councilme,rnber Cader-Thompson -Could consultant wha worked on Cost Sturdy
work on this?
Councilmember Maguire: -Thought Chief P:ar.'ks could`mangge it;,
Councilmember Cader-Thompson. -Need to have attorneys involved. Since
consultant worked on cost allocations.'far City., cou d he help?
39 Chief Parks -Happy to contact Rick Kermer and ask him if he's- done any" similar
4.0 studies or is aware of any cities doing something similar.
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42 Vice Mayor Healy -Preferred. to move ahead - no evidence that Adobe Creek
4.3 residents are getting .any kind of a tax break; -paying fore service already,
44 although not receiving it,. Willing "to have staff ,look at these kinds of issues at later
45 date, but skeptical about basis°for it. ~ .
46 ~ - „
47 Motion to ,.introduce Ordinance 2132 N.C.S. M/S Cader=T.hompson/O`Brien
48
June 3, 2002 Vol. 38, Rage 7
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AYES: Cader=Thompson, Vice Mayor Healy, Moynihan,
O'Brien, Torliatt
NOES: Maguire
ABSENT: ~ °Mayor Thompson
ABSTAIN: None
Counciimember Maguire -Asked Chief Parks to comeback with information:
PUBLIC COMMENT `
.None
CiOSED SESSION
Adjourned fo Closed Session at 3:26 p.rn. for the following:
CONFERENCE' WITH 'LABOR NEGOTIATOR, Government Code Section 5495.7.6.
Agency. Negotiator< °Bill Thomas/Frederick Stouder/Dennis Morris. Employee
Organizati;on:r AFSCME.
RECONVENE: 7:00 p.m.
PRESENT: Cader-Thompson, Vice Mayor Healy, Maguire, .Moynihan,
O'Brien, Torliatt
ABSENT; Mayor Thompson
PLEDGE O`F ALLEGIANCE
Steve Arago led the Pledge of Allegiance.
MOMENT Of'SILENCE
REPORT' O iT O'F CLOSED SESSION
No reportable action taken.
PUBLIC COMMENT
Robert Ramirez, Petaluma, Open Space District met last week regarding funds -for
Lafferty -voted down. Supervisor Mike Kerns voted no. Kerns had. told Council
and Mr. Ramirez he would support this. He made decision on how receiver can
spend funds from OSD. This has never been done before. City no different from
any other receiver aiid is being discriminated againsf. Lafferty "has never been
Vol. 38, Page 8' June 3, 2002
1 about a.park - i 'has always been about discrirrmination." Covn,cil needs to take a
2 step now -file.-legal discrimination charges against Kerns:,:
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4 Colin MacKenzie, Petaluma, regarding letter sent to Council, some weeks a,go::
5 He is se:ni;or citizen and. severely disabled. City needs eriforcernent of laws.to
6 protect pedestrians. Also problem of cars parked ;o;n .or across sidewalk..
7 Unacceptable for Police to. say this kind of thing is "low priority."'N'o, arswerto his
8 letter acid nod enforcement- of laws as result.
Mr. Stouder. -City Mandger's office does 'riot have. letter in fiheir log. The City
Clerk has Mr. MdcKenzie's address -will get in fouch'for• ano`ther,copy.
JoAnn Pozzi, Peta_luma> regarding `'questionable business practices''' of ATB~T
cable, Council should take serious look at this franchisee: Asked why .no on'e in
the Business Improvement District has received h'is. or h'er bill.
G`eoff'Cartwrig6t.Petaluma, regarding Monday, June 10'Coun'cil review of EI'R'for
Redwood Technology Center. Shows traffic will be prohibitive... Planning
Commission suggests use of redeveloprrient funds to mitigate. Everyone .agrees
downtown rieeds revitalization - all the work that- has gone;irito this .could. _be it
jeopardy if redevelopment funds diverted to development in the floodplan,
V~/hom does thaf serve:?
COUNCIL COMMENTS, LIAISON REPORTS
• Co.uncilrnember O'Brien:
Was so impressed with AT8~T's customer service, h.e went out and bought a
dish.
• Counclmember Maguire:
If he had AT,&T service to cut off - he would. Staff will rn~ke note of this:
particular incident. Asked citizens to iet Council'know if there are others`.
Trying. to make them a more honest corporation- "an uphill baffle."
Regarding Mr. MacKenzie -did n'ot recall getting-.his lef 'er. Commends Mr.
MacKenzie`'s efforts to ge°t around by foot- City needs to be responsive t.o his
needs.
Agreed: with Mr. Ramirez that City was discriminated against b,y the Op'en'.
Space District.
• Couricilmernber Ccider-:Thompson:
June 3, 2002
Vol. 38, Page 9
1 Reg "aiding Mr. MacKenzie -She has experienced stopping for pedestrian and
2 ' having car in other lane nonstop.. Long-time problem in community. Happens
3 every day. Grateful that Mr. McKenzie came forward.
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5 Sheraton informally opened last weekend. with fundraiser for area non-profits.
6 She urged community to patronize when fully open. Appreciates Kurt Lok.for'
7 donating funds'from fundraiser.
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9 Regarding Mr. Ramirez -Lafferty has been in City hands since 1950's -really
10 should be open to the public.
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12 Last week she did a demonstration for COTS staff on how to brush kids' teeth.
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14 • Councilmember Moynihan:
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16 Very fortunate to have Mike Kerns qs supervisor. Serving community not
17 always easy -decisions not always appeasing to everyone. Kerns has
18 demonstrated time and again that he does what he feels is truly right.
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20 • Councilmember Torliatt:
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22 Echoed other comments regarding AT8~T.
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24 Regarding the B`ID b~ifing, she hopes Council ge s response from staff soon as
25 to why those bills have not gone out. Very important, especially for the
26 maintenance issues City is dealing with in the downtown area.
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28 • Councilmember Cader-Thompson:
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30 Would like a copy of staff's response on the BID.
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32 • Vice Mayor Hegly:
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34 Not yet received a bill himself. Asked for memo from staff. City needsBlD to
35 succeed. The ledst City can do is-..see bills get out.
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37 Regarding Mr. MacKenzie., at Police budget workshop last week, Chief Parks
38 made. presentation showing how tight budget is. for. Police Department.
39 Council recently accepted a grant for two mo:torcycte officers but budget is
40 quite tight.
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44 PRESENTATION
45 BLKE TO WORK/SCHOOL DAY AWARD
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47 CouncilmemberTorliatt introduced members ofithe Bike Committee. Casa
48 Grande High School awarded $75. Bernie Album introduced Jacob Avery,
Vol. 38, Page 10 June 3, 2002
1 teacher at Casa' Grande and coach of school's bicycle club. Commu;fes by bike
2 from Sonoma every day.
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4 Mr. Avery,commended students forgeftng on their.bikes. Very spirited group of
5 kids showed up qnd had a lot of fun, Appreciate. cheek; bike club appreciates',
6 hope. next year goes as well.. _
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8 Councilme.rnberrorliatt -Many businesses. donated items. t;o energizer stations,
9 Committee members Bernie Album and Elizabeth Mori ,put a tremendous
10 amount of work into project. The fewer cars on the rodd, the less congestion, -the
11 cleaner the air.
12
PUBLIC HEARING
APPEAL BY FIRST' PRESBYTERIAN GH'URCH OF P_ETALU`MA.
18 Appeaa by the Firsfi Presbyterian Church of Petaluma of a Decision of the Site
19 Plan and Architectural Review Committee (SPARC) to Deny Without Prejudice
20 the Proposed Modifications` t:o the Church 'Building at 939 `B`°" Street.
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22 Community ..Development Director Mike Moore .introduced Kim Gordon, Project
23 Planner for the application. Ms. Gordon presented the staff report and explained
24 the findings that lead, to'SP,ARC's denial of the design of tha steeple
25 replacement, and, the church's .basis for dppeaing the decision.
Open Public He,arn.g
Councilmember Moynihan -;Has attended some services at church, no;t a
member, does not think he has a conflict of interest. Clearly a lot of support from
the church.. Could we see if there is anyone here who is opposed?
Vice Mayor Hedly -Have.. representative of church. make. presentation -follow
with Council. Comment.
Councilmember Torliatt - Met'with applicant prior to meeting (as did
Co.uncilmembers Moynihan and Cader-Thompson; and Vice Mayor Healy).
Bob Caine; Petaluma, Chair of Building Commit#ee, First Presbyterian Churc,h..
Explained: reasons for church's, appeal. Sfiructurdl problems with steeple.
Renovation not an alternative, Eighty-five percent of congregation in favor of
new design, Asked. those present in support of appegl to stand... All but four
members of audience stood:
June 3, 20Q2
Vol. 38, Page 11
1 Brent Russell, Studio 202, Petaluma,, architecf-for p"roject. Design chosen from
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2 three by congregation -sought to address functional problems of current
3 steeple. Structural engineer examined - said options were replace steeple or
4 shore existing steeple up temporarily. Lafer, engineers discovered steeple was
5 overstressing building. Steeple would have to go, and must be replaced wifh
6 smaller steeple.
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8 Vice Mayor ,Healy -From drawings and'visit to cflurch, he thought the entire
9 weight of roof and steeple was on perimeter walls. '
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11 Mr. Russell-Essentially true.
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13 Vice Mayor Hedly -Adding columns in sanctuary would be problematic? Block
1.4 congregatio'n's view? _
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16 Mr. Russell -Yes
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1$ Councilmember Torliatt -Were any other designs with similar loads considered
19 by SPARC?
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21 Mr. Russell - No. Presented two others to congregations -both rejected.
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23 Arthur Macomber, Petaluma, elder in church, spoke in support of the appeal.
24 Design based on energy cohservation, earthquake proofing, etc. Mission of
25 Presbyterian Church to build house of God in minds of parishioners and
26 community. Tall. steeple is merely redundant.
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28 Kip Spragens; Petaluma, not a member of the church,'but issue disturbed him.
29 Request for design change came up because of structural. concerns. He
30 understood SPARC was objecting because they didn't think it looked as much
31 like a church as they thought it should. City starting to interfere with this group's
32 ability to meet and worship in this church. The world's first church -the upper
33 room in a .guesthouse in Jerusalem -didn't look like a church. Governmental
34 body should not dictate. what a church should look like. "Constitutionally dicey:"
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36 Close Public Hearing
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38 Councilmember Maguire -Visited site. Commended church for reasonable
39 response 'to .issue they have been facing -deterioration of building. Thinks original
40 design they took to SPARC was appropriate:.. Improves aesthetics and reduces
41 energy use. SPARC tries to do good job -appreciates (heir diligence. In this case-
42 they were off base. Motion to uphold appeal.
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44 Councilmember Cader-Thompson seconded.
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46 Councilmember O`Brien also supported appeal.
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Vol. 38, Page 12 June 3„ 2002
1 Councilmember Tor.liatt -Was s.ornewhat reluctant to upheld appeal. This is not
2' just a place o;f worship,, but arofher building. in, the community. SPARG cannot
3 ~' show prejudice, in'favor of or agahst churches. Will suppor~f appeal because this
4 church doses not have the historical significance of some olde,rchurches in town.
5 Spoke to a couple of SPARG members - they have a very difficult job in this.
6 community. Takes seriously some concerns that SPARG raised.
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8 Councilmember Moynihan - Some. of, best tenants at Community Center are
9 church groups -and yet community center does not "look like church.'"Need
10. balan'c:e in community =should be nexus between'impacf of project and
11 mitigations required. Project reasonable, 'intent is good.
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13 Vice Mayor Healy -Concurred gene.rallYwith comments: ke.luctant to overturn
14 SPARG, but in this ease SPARC'rnissed the point.,Agreed thaw new design would
15' be less obtrusive'in ne'igh:borhood. Heard consensus that C.ouneil should uphold:
16' _ appeal on steep e. What about the shadow box (cupola.)?
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18' Councilmember Maguire spoke to members of parish;. they would prefer not to
. 19 put on shadow box.
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21 Vice Mayor Healy -.Regarding windows issue -church's discretion regarding how
22 many windows will be clear. '
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24 Councilmernber Torliatf -Urged church to avoid using wn}~I windows.,
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26 Mr. Russell - Wood.,, dual glazed windows-will be used,
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28 Councilme.mber Ca.der-Thompson -Would like church to consider small; round
29 skylights - bua not make if a condition. Wanted to make ,process easy for
30 congregation;
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32 Vice Mayor Healy didn';t, hear consensus to require round' skylights.
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34 Councilmember Moynihan -'What fist are you. workng,off?
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36 Vice Mayor Healy -List of what I, heard.:
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38 C'ounclmember Moynihan -.Can Council condition findings when upholding the:
39 appeal?
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4'1 Vice Mayor.Healy -Yes. Trying to .keep fhern from having t'o go back to:SPARS`.
42 Does everyone like tfie dormers?
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44 Consensus
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4;6: Councilme.tuber:Caller-Thompson -Will cross be put back on steeple?
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48' Mr. Russell..-Yes.
June 3, 2002
VoL 38, Page. 1`3
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2 Motion to adopt Reso., 2002-085 N.C.S. upholding First Presbyterian Church's
3 appeal. Ivl/S NCaguire/Caller-Thompson.
4 -
5 AYES: .Caller-Thompson, Vice.Mayor Healy, Maguire, Moynihan,
6 O'Brien, Torliatt .
7 NOES: None
8 ABSENT: Mayor Thompson
9 ABSTAIN: None
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16 ADJOURN
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18 The meeting was adjourned at 8;05 p.m.
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24 Michael Healy, Vice ayor
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27 ATTEST:
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31 Claire Cooper, Clerk Pro m
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34 ******
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