HomeMy WebLinkAboutCity Council Minutes 01/28/2002January 28, 2002
1 MINUTES OF A SPECIAL .MEETING
2 OF THE
3 PETALUMA CITY COUNCIL
4 JANUARY 28, 2002
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Vol. 37, Page 199
ROLL CALL: 3:00 P.M.
PRESENT:
O'Brien, Torlatt, Caller-Thompson, Maguire, Moynihan, Mayor Thompson
ABSENT: Vice .Mayor Healy
PUBLIC COMMENT
John Cheney, 55 Rocca Drive read comments made by the Sonoma County Water
Agency regarding the proposed Redwood'Technology Center at N. McDowell and OJd
Redwood. Highway and the potential for filooding.
COUNCIL COMMENT
Councilmember Caller-Thompson -wants clarifieafion on the wetland mitigation for the
Traditions Subdivision Development, if it's on-site oroff-site. ~ ._ .
CouncilmemberTorliatt -.looking forward to_report from NWPRA on lease and
renovation of'the Petaluma depot buildings.
Councilmember Maguire -gave an update on the Animal Shelter Advisory Committee
meetings.
If members of the public have certain skills or maferials they want. to donate to the
renovation of the shelter call (707) 778-4396.
Councilmember Moynihan -Workforce Housing Task Force report from the Chamber of
Commerce dedicated to Dick: Lieb. ~
.Draft resolution for the Water Recycling Pant does not reflect Council. direction.
I MINUTES
The Minutes of December 17, 2001 were amended as follows:
Page 10 Line. 41 Councilrnember Torliatt, (RESA) Second maybe since we can't do
anything of this time as it pertains to domestic water .hook-ups there is something we
can do `in order to try and protect some of the agricultural use around our UGB, that we
allow some: sort of hook-up or potential hook-up to the tertiary water system with the
City of Petaluma since we are providing tertiary water for agricultural use. And only for
an agricultural use component as Mr. Colorado. has talked about, grapes or any other
Vol. 37, Page 200 January,28, 2002
type: of farming entities.. I would like to piat,that out on, the. table as a potential opon to at
2 least allow some value to be offered' at this; tune 'in writing to the Colo.rado's because, of
3 her concern with- the issue of thi's drawdown. (Haying th;e agricultural use taken away
4 from properties outside the'UGB if we basically sucked the. amount of water out from
s underneath that property we defacto: don't allow to have Greenbelts around the edge of
6 our community), "
Insert `Councilmember O'Brien arrived .after the Consent Calendar was heard.'
.:Page: 1.06 Line 18 Councilmember Torliaft voted `no' -she felt the public was:
entitled to know who their financial partners (RESA), are in developing this: property..
3 Page 106 Line 1'8, Vice Mayor Cader-Thompson Voted `no' -'the information she
4 had requested was not made available. to the Council.
,5
6 RESO.2002-013 NCS PRINCE' PARK HOURS
OF `O:PERATION FO'R OFF-'LEASH DOG USE`
Resolution 2001-013 NCS Amending Prince. Park hours of operation for off leash. dog
use. during. winter.,months;.; January`through March .2002. The proposed hours are 6:OQ
a:m. to :3:00 p.rn. Monday through Friday, •through March 31, 2002.
A:J. Levis -Six A:M. is too early. The hours should be uniform and not changed. with
daylight avings time.
Councilmember~Maguire, .suggesfs that this be brought back periodically to ,address any
complaints.
Introduced by Councilmember Maguire, seconded by Cader-Thompson.
AYES: O'Brien, Torliatt, Gader-Thompson, Maguire, Moynihan; Mayor Cader-Thompson
NOES: None
ABSENT' Vice Mayor Healy
20.02-014 NC:S
JAMES MOBLEY -~ PA_RK & RECREATION ,COMMISSION
Resolution 2002:-014 NCS Accepting the resignation of ,James Mobley from fhe Parks,
Music and' Recreation Commission..
Introduced by Councilmember Maguire, seconded by Cader-Thompson.
AYES: O'Brien, Torliatt; Cader-Thompson; Maguire,, ..Moynihan, Mayor Cader-Thompson
NOES: None
ABSENT`. Vice Mayor.Healy
January 28, 2002 Vol. 37, ;Page 20 ~ ;
2 TENTATIVE .Fl9TdJRE AGENDA
3 FEBRUARY 4;'2002
4 The Tentative Agenda for February 4, 2002 w.as approved. as amended: The City Clerk
s Recruitment item will be heard first on the evening ..agenda.
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Councilmember Caller-Thompson would like to schedule a joint meeting with the
s Chamber of Commerce.
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to Moved by Councilmember Maguire, seconded by-O'Brien-
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12 AYES: Q'Brien, Torliatt, Caller-Thompson, Maguire, Mayor Thompson,
13 NOES: Moynihan,
14 ABSENT: Vice: Mayor Healy
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16 PAVRAN REACH PR_ OJ.ECfi - ,
1~ . ~.. .. ,~ .
is Mr. Sfouder will meet with the Colonel and other members` of the Army Corps this week.
19 He will advise the Council: of-the outcome~of that meeting.
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21 Mr. Hargis -Northwestern approved the conceptual) process to not replace the
22 downstream b'ridge',., but create an industrial lead as an alternative. The Northwestern.
23 Pacific Railroad Authority Acting Assistant Executive Director indicated-they had no
24 objections at this time of an industrial lead instead' of a downstream bridge.
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26 Moved by Councilmember Maguire, seconded by Caller-Thompson.
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28 AYES: O'Brien, Torliatt, Caller-Thompson; Maguire, Moynihan, Mayor Thompson
29 NOESr None
30 ABSENT: Vice Mayor Healy
31
32 RESO. 2002-15 NCS
33 BANKER et aL AND AMARAL et al_
34 PROPERTY O.N INDUSTRIAL AVENUE ..
3s
36 Resolution 2002-015 NCS Authorizing the City Manager to: 1) Enfer into discussions:
37 with Banker et al and Amaral et al, .owwners of three parcels on Tndustrial Avenue in order
3s to determine if they are willing aellers; 2) Authorize City Manager_fo pursue and submit
39 grant applications to fund #uture acquisition and restoration: of all or. a portion of those
4o parcels; 3) Authorize .City Manager to complefe all necessary transactions for obtaining
41 grant funds and the p"urchase: of those properties.
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43 Council Member:Moynihan stated that he would be recusing .himself due to a poten..tial
44 financial conflict of` interest. with some of the owners. of the property. He hasrhad a
4s conflict with all of'the property owners at one time or another including William Banker
46 and the Amarals. He has a .current partnership interest. with property owners, one of
47 which 'is Fillmore Marks. The property is not- within the .city limits and not related to this
4s issue.
Vol: 37, Page 202 January 28, 2002
2 Introduced by Councilmernber Torliatt; seconded byCader-Thompson.
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4 _
AYES:: O'Brien; Torliatt, Cader-Thompson, Maguire., Mayor Thompson
5 NOES: None
6 ABSENT:V.ice Mayor Healy _ .
7 ABSTAIN: Moynihan
RESO. 2002-016: NCS
COU,N.CIL RULES, POLICLES' AND PROCEDURES
Rich Rudnansky; City Attorney presented the staff report.. The Council proceeded to
firm up their revisions to their rules.
Copup cilmember To~iatt; and CouncilmemberCadcr-Thompson both. stated that- they
su orted Summa Minutes:
After a brief`discussion Councilmember Maguire made a motion; seconded ~by
Councilmem:ber Cader_Thompson to amend the Council Rules; Policy and Procedures
as follows: •~-
1. Change Action .Minutes to Summary Minutes.
.•
2. Delete Unilateral Communications under Section IX MISGEI_LANEQU:S
3. Mayor Thompson to~rrieet with City Attor,ney'to discuss a Censure Policy. and
bring this back to Council.
AYES: O'Brien, Torliatt; Cader-Thompson, Maguire,,.Moynihan,.MayorThompson
NOES: None ~~
ABSENT: Vice Mayor Healy
RESO'. 20.02-1;T,NCS
NUISANCE ABATEMENT 210 Q3AKER STREET
ResoCution 2002=17 NCS .confirming the: report anal authorize the recovery of Nuisance
Abatement costs including the reused cost for Community Development,.',incurred by
the City from the property owner and authorize the CityClerk to impose a'NUi'sance
Abatemenfi Lien on the property. ~ ~ '
Rich Rudnansk ,. Cit- Attorne
g y y y, reported#o th=e-Council the cost incurred by the'City in
abati~n a nuisance at'21~0 Baker Street. The. owner of real. property at that address
allowed the property to .become substandard :and uninhabitable by'hoarding
approximately 20'0 `cats. •
Officer Gilman,,.. Petaluma. Police Departmeet reported his findings of numerous cats in
va'r..ious physical.conditions at 210 Baker~Street on May 22, 2001. •
Nancy Tavares;, Animal Control Manager reported her findings ofi numerous cats in
var.-ions' physical conditions living''in horrendous conditions at 210 Baker Street on
January 28, 2002 Vol. 37, Page 203
1 May 22, 2001. Out of two buildings, 189 live cats were removed in three days and five
2 dead cats. Sixty-:one .kittens were born at the shelter that needed care. The shelter was
3 closed for a few days while staff worked around the clock to clean, bathe, feed and give
4 medical attention to the cats. Some were euthanized and others placed.
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6 Ms. Tavares stated that the cost incurred by her department was $39,538.46 is a true
~ and accurate report: .
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9 Captain Shirley Miller, Petaluma Police Department submitted a cost recovery report on
to the initial response, which is a correct and accurate report incurred by that department
11 of $670.14..
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13 Mike Moore, Community .Development Director submitted a cost recovery report
14 through"July 26, 2001 of $2,950.32 in response to an on-site investigation. The cost
is associated with that inspection is true and accurate.
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17 Chief Albertson, .Fine; Department advised Council that on May 22, 2001 his department
is was requested to respond to 210 Baker.Street.. The cost incurred by the Fire
19 Department was $268.51 and is true and accurate.
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21 Mr. Rudnansky submitted a cost report for fees incurred by the City for legal services in
22 the amount of $4,500,~whieh are true and. correct. In addition, Ms. Barletta was properly
i3 noticed (property-owner) pursuantto our Code and have posted the property pursuant
24 to the Code regarding this hearing. The actual amount of the requested Lien is
2s ~ $47,947.45.
26
z~ .Motion `made by Couhcilmember Moynihan, seconded by Councilmernber Maguire
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29 AYES: O',Brien; Torliaft, Cader-Thompson, Maguire, Moynihan, Mayor Thompson
30 NOES:-None.
31 ABSENT: Vice. Mayor Healy
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33 CLOSED SESSION
34
3s Public Comment
36
37 Geoff Carfwright, 56 Rocca Drive, M'r. Moynihan. should be held accountable for
3s receiving campaign contributions .greater than permitted by Ordinance 2106 NCS.
39
4o Kevin Callahan, 51 Rocca .Drive he would like to see the animosity between
41 Councilmembers foned down. These meetings are aired for the viewing public and thaf
42 includes kids.
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44 Mr. Holmberg should either comply with what he was asked to do under the. Conditional
4s Use Permit or leave.
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Vol. 37, Page 204
Januar•y~28,; 2002
John Cheney, 55 -Rocca Drive; M'r: Holmberg is untruthful, Put some teeth in the
settlement so if'he violatesthe rule~the police can fine him. If more conditions were put
in place' on Mr. Holmb'e'rg, :Mr. Cheney and others would like the .opportunity to come
'before Council for their input.
• CONFERENCE'WITH'LEGAL;COUNSEL-~EXIStIIIg LltlgatlOfl PULSUant't0 CaOVernfTlent COd@.SeCt10,11
• 54956 9.(a).; City~of Petaluma ws. Moyriih'an,'Sonoma"County.Su,perior Court Case No.~228276:
® CONFERENCE WITH: LEGAL:000NSEL-EXISTING LITIGATION, GOVBrnm2nt C.O.d@ S@CtlOh 54956:9(x),
Los Angeles. Department;of Water and' Power et. 'al. ex''rel. Nora Armenta vs. James Jones
Compan.,y.etaL (Los.Angeles Superior Court .## BC 1'934.87):
e CONFERENCE WITH„'LEGAL:0O0NSEL EXISTING LITIGATION; Government Code. Section 54:956:,9(x),
City of Petaluma vs. Holmberg; Sonoma County Superior Court Ease #SCV-222739.
• PUBLIC EMPLOYEE PERFORMANCE ~EUALUATION, Government Code Section, 54957. Title:- City
Manager_
RECESS:
RECONVENE' '7:00
Mayor Thompson stated that no direction was given during closed session.
ROLL, CALL:
,Present: O'Brien; Torliatt, Caller-Thompson, Maguire; Moynihan, Vice Mayor Healy,
Mayor Thompson
John :Morgan led the .Pledge of Allegiance.
Public Comments
Marianna Hansen, 114 Sandalwood Drive, spoke regarding the new owners of`
Sandalwood Mobile Home Park. The pack residents .have l#tle resources. She would
like the City'to help the residents with rent control.
Glen Brunner, Sonoma: County Mobile Home Owners Association would like Council o
pass a resolution .confirming the City's position on the rent'stafjilization.
Bill Donahue Sandalwood Estates, the residents need Council help in resolving the
issues with new- park owners.. .
Ron Kinyon,~Royal Oak Homes Owners Association,, opposes Sandalwood rent
increases.
Deirdre Sharret , Sandalwood Mobile Home Park, opposes rent increases.
Jerry Price;, 411 "p"Street has copies. of a documentary film on January 13th walk to
Lafferty Park. They ace accepting contributions for a copy of that film:
January 28, 2002
Vol. 37, Page 205
1 Vince Landof; Gordelia .D,rive., if is up to City officials to go to Sacramento and fight for
2 our fair share of gas tax money for road repairs.
3
4 Terence Garvey thanked Council for their decision on the Water Recycling Plant.
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6 John Record,, 210 4t"'Street,. thanked Council for their leadership with Old Elm Village.
. ~ He also spoke on th`e homeless count that the county funded. The approximate count
s was 5;000 to 8,000 over one: year.
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to Dick Latimer, Sonoma County Council on Aging works; on senior housing issues and
11 public benefit- issues. Part of this City is in dire: need of housing help for seniors.
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13 Council Comments
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is Councilmember Cader-Thompson -give the seniors a list of who fo call for help.
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v Councilmember Maguire -supports resolution reiterating, Council support.
1,g
r9 Couneilmernber Torliatt -supports resolution .reiterating Council support to enforce Rent
_ _
20 Stabilization Ordinance. Petaluma Boys and Girls Club opening on Sonoma .Mountain
21 Parkway @ Ely Blvd.
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23 Councilmember Moynihan -attended grand opening ~OId Elm Village.
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2s Councilmember O'.Brien:- Lafferty 1Nalk; Petaluma Police were called. Who is
26 responsible party to bill for that ,officers time?
2~
2s Mayor Thompson stated that he would meeting with the City Attorney and Bill Donahue'
29 on this issue.
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31 City Attorney, in 1994 when the Council passed the Qrdinance there were a lot of
32 restraints and restrictions and parameters in which city .government had to work within.
33 Despite those restrictions the Council' at that time did pass a rent control ordinance.
34 Much. time and effort was taken to craft that ordinance in a way that would be legally
3s defensible. 'For the most part it,has worked well. As I understand it the new owners
36 have indicated th~af they want to raise the rent perhaps more than the 6%. They have to
3~ go througli an arbtrat"ion process in order for that to~be approved. At this point at least
3s from the legal end there is very Kittle left for the Council; to do.
39
4o DOWNTOWN RIVER: APARTMENTS
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42 Bonne Gaebler, Housing Administrator presented her staff report to Council. The
43 residents of the .Downtown River Apartments will be earning up to 80% of Petaluma's
44 median income,,100% of median for a family of four is about $61,000.
4s The apartments are proposed to be 100% affordable and income .restrictive to the
46 income .guidelines. 1t will be owned and operated. by anon-profit agency and the
Vol. 37, Page 206 January 28, 2002
r complex will remain affordable'in perpetuity. The City will hold. an option, agreement
2 which tates that the property revert's back to the Gty should Eden Housing not develop
3 affordable housing within four years..
4
s Ms. Gaebler stated that under the Tax Credit Program there could be no :market .rate
6 units. It is 100% affordable.
s Jeff ..Bennett, Eden Housing stated that out of the eighty units:
9
0 37 units 45% median income, 2 bedrooms $24;00.0 annual :income
1 3 bedrooms $28,0:00
2 40 .units 50% median income 1 bedrooms $22,Oo0
3' 2 bedrooms $27;000
4 3 bedrooms $30;000
s 03 units 60% median income 2 bedrooms $42;000
6 3 bedrooms $48,OOo
Irene Borba; Senior Planher presented the Council with hear-staff report. The proposed
project consists of 81 affordable rental housing units including one managers unit. It'is
three stories in height built over a concrete parking ,gaarage tfaf will be accessed from.
Gray Street:, Retail businesses of 5,500~feet will be located on the ground floor facing
East Washington Street. The living units will be configured around a landscaped
courtyard built on top of the parking garage: The courtyard will' include planters,,
'walkways, sitefiarnishingS and a play.structure for~children. There will also be a'3:;0.00
square foot community facility providing a place for resident activities. and management
offices. Located behind'the development are a common lawn area,, walkways, a play,
yard. for children,and a sport court"as well as a.landscaped river walk that:will be
incorporated on the banks of the Petaluma River..
The current General Plan designation is mixed. use. The ubjeet property is within thee.
boundaries of the Central Petaluma Specific :Flan,. Floodplain Combining District, and
within the boundaries of the Petaluma ,River Access Enhancement Plan.
The project. as it' is designed now would have.. no water in the garage at all with. 100-;year
flood.
There i"s; a proposed ped'estri'an erossing~ that will be part of the Petaluma River Access
Plan.
Michael Fill, Illingworth and Rodkin stated that the design and construction of, the
building should mitigate the. noise levels; but that they could not anticipate what..other-
business would be~ established in the area in the next tenyears.
Some ofCouncil`s, concerns: are as follows:
• Photovoltaic lighting and grants for funding that type of li.ghting'.
January 28, 2002 Vol. 37, Page 207
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• A barrier between the. flow of traffic and sidewalk to give a sense of a safety
barrier.
• Create a sense of security along the path of the river and the garage area
against homeless encampments.
• Height of roofline:.
• Flowage,E'asements.
• Calculations of dwellings.
® Visual corridor setback/building height. limitation.
• Parking issues -Garage, Gray Street, Washington Street, Guest, Shared,. Timed
Parking. ~_
• Commercial user access onto Gray Street.
• Inadequate soils testing for underground tank.
• Children traveling,to McKinley School.-
• Noise Assessment -future noise level's generated by adjacent commercial
activities: ` '~•
• Beautifying Vllashington Street from Lakeville to Petaluma Boulevard.
• Design. excellence
® Bus shelter designed to blend with building design.
• No antenna's or storage on balcony's "
• Creating a bike/pedestrian path to Gray Street from River Walk on north edge :of
project that would connect to Madison Street.
• Path along .river to be available for public use: ~ _
Linda Mandolini, Eden Housing, is acutely aware ofi how important this p°roject is and
wants to design the best possible: project.. They will. create the safest possible access
on Washington. If the bus shelter is anywhere in the close vicinity of the building they
would .like: to design it. The only way to :have an:antenna would be tocompletely hide: it.
Tlie balconies musf be kept clear with no storage allowed.
J.
Eden Housing will be meeting with Planning Commission members and SPARC
members along wifh architects in the area to collect. input on the design phase.
Paul Barnhart; Architect, the. design concept is driven by the specific site which. is.
unique being on the river. Wood frame structure, concrete parking, garage., tall volumes
with some large non-reflective windows with some small' steel frames. to support large
glass. The garage openings wilt have decorative. grills and' will be fully secure.
Residents and employers would have a means of opening the .garage door.
Jeff Bennett, Development Director, Eden Housing. Parking ratio is 1.5 cars per unit.
There are 129 parking spots in garage. 1:5 would be 122 with additional 7 for retail
patrons to use. There. would be 14 spots along Gray Street located on the side of the
project with 4 parking pots on Washington Street.
Mike Moore, Community Development Director, this project'is a Planned Unit
Development as such the Planning Commission and-City Council have total discretion
Vol. 37, Page 208 January28, 2002
i in its determination to whether or not the parking ratio fqr this project is adequate... Lf we
2 .start applying suburban par.king~ ratios to urban development in the. Central `Ietaluma
3 Specific Plan Area. there will'. not be very ,much development. if there is true, urban
a developmentthat means that people will have to look fore parking in other' locations.
's 1Nhen we come before Council with the .draft Specific Plan staff' wil(rnake
6 recomrnendafions relative to parking that will be different. from the standards thof we
~ have now.
9 Council took a #i~e- .minute recess.
o
°i Public Commenfi.
2
3 John Morgan, Burbank Housing, stated that the Tax. Credit funding'is the largest'#unding
4, source with. very strict .guidelines that have fo be followed: Peopae that are housed here
s will be part of :our workforce and have jobs that are.~critical to our econgmy..
6; There~'is a'critical nee`d'_in thi's community for affordable housing. He encourages
`~ Council'to support this project.
Jessica~:Parsley; representing Greenbelt Alliance stated: that;smart,growth helps create
a livable community in downtown Petaluma and encourages; CouneiPs support; of this
project.
,3 Enriqueta LaVarta; :Eden Hous'irig Resident Services, strongly urges Council's support
;a. of `the project: She is confident that Eden Housing. will be able to design, build, maintain
s and. manage this project.
John Records; :COTS supports this project..
Angie Sanchez,, people need to get away from their cars. and take the bus
Additional correspondence was received from:
Jane Hamilfon representing Advanced Fibre Communications who are confident-:the
Downtown River Apartment project. will become a significant asset to the. design and
function of the fowri aril urge Council to support this project.
.Karen Kho, representing Urban Ecologyendorses'the proposed' Downtown River
Apartments:
Mr. Moore., the Zero. Net Fill requirement is. being met on-site.: The additional
requirement that staff :discussed with the applicants that they are willing, to: comply with
and that the Council has reinforced is that they can also design the project so there will
be no water in the garage. Flowage Easements we`re not di'scus_sed~at the Planning
Commission. The regulations#hat we have in place: for developing in the floodplain are
intended to address specifically those issues.. The fact that we are requiring no net_fill,
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January 28, 2002
Vol. 37, Page 209
the fact the finish.. floor elevation has to be a minimum of two feet above. the 100 year
floodplain are designed to address development in the Floodplain Combined District.
Motion made- by Couneilmember. Maguire, seconded by-Vice Mayor Healy to approve
the project. with the following modifications:
1) Staff to work with Eden Housing on the parkin. g issue.
2) Request applicant to install the necessary conduit to maximize
the space on the roofs for future photovoltaic installation as part
of project
3) Request, Eden Housing give a' preference to existing Petaluma
residents and or employees in leasing'their units consistent with
any legal limitations they may have.
The following legislation was 'introduced by Councilmember Maguire, seconded by Vice
Mayor Healy:
Resolution 2002-018 NCS Adopting a Mitigated Negative Declaration for the Downtown
River Apartment Project located at 3-39 East 1Nashington Street.
Resolution 2002-019 'NC:S Approving fh~e Planned Unit District, for the Downtown River
Apartment Project.
Introduce Ordinance 2127 NCS Rezoning th`e properties for the Downtown River
Apartments from Central Commercial (CC) to Planned Urit District (PUD).
AYES:_O'Brien, Torliatt, Gader-Thompson, Maguire, Vice Mayor Healy, Mayor Thompson
NOES: Moynihan
ABSENT; None
E. G a Thompson, Mayor
ATTEST:
Paulette Lyon, Interim C t Jerk