HomeMy WebLinkAboutCity Council Minutes 04/01/2002April 1, 2002 Vol. 37, Page 317
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City Council Meeting Minutes
Monday, April 1, 2002 - 3:25 p.m.
Regular Meeting
PRESENT: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Torliatt
ABSENT: Moynihan, Mayor Thompson
PUBLIC COMMENT - None.
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11 COUNCIL COMMENT
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13 Councilmember Torliatt: Received letter from Miles Ferris, Chair, Water Advisory
14 Committee (WAC) - on Monday, March 25, SCWA board of directors reviewed
15 proposed Water Policy Statement 2002 in a board workshop. WAC asked SCWA to
16 delay action on item until WAC members could present document to their governing
17 bodies for review and comment. Board allowing 60 days for this. Should agendize this
18 for earliest possible meeting.
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20 Vice Mayor Healy: Does that mean SCWA will not circulate draft agreement in April?
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22 Councilmember Torliatt: This is SCWA Water Policy Statement -separate from
23 proposed New Master Water Agreement. She did hear SCWA would not be releasing
24 draft agreement. Monday, April 8, 8:00 a.m. at Laguna Sewer Treatment Plant, Santa
25 Rosa -discussion among contractors and SCWA on issues. Clear in Water Policy
26 Statement issues SCWA will address in New Master Agreement.
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28 Vice Mayor Healy: Directed City ,Manager to agendize discussion before budget
29 hearings.
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31 Councilmember Maguire: Supports agendizing this as soon as possible. Asked to
32 adjourn meeting in memory of Dan Jaffe, co-owner of Copperfield's Books, who died
33 recently -great loss to community.
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35 Councilmember O'Brien: Commended Fire Department for use of ALS equipment.
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37 AGENDA CHANGES, ADDITIONS, AND DELETIONS -Closed Session cancelled.
Vol, 37, Page 318 April 1, 2002
1 APPROVAL OF MINUTES -Minutes of February 25, 2002 approved as written. M/S
2 Maguire/Cader-Thompson. 5/0 Thompson, Moynihan absent.
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4 PRESENTATIONS -Employee Service Awards for First Quarter of 2002 presented to
5 nine employees.
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9 APPOINTMENT -Motion made to appoint Councilmember O'Brien as Representative
10 to the Sonoma County Tourism Program's Investors Committee. M/S Cader-
11 Thompson/Maguire.
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13 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Torliatt
14 NOES: None
15 ABSENT: Moynihan, Mayor Thompson
16 ABSTAIN: None
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19 CONSENT CALENDAR -The following items are non-controversial and were enacted
20 in one motion. M/S Maguire/O'Brien.
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22 • Ordinance 2130 N.C.S. Authorizing Revision of City of Petaluma Municipal Code.,
23 Section 11..12.150., to Include All Streets Within the Magnolia Hills Residential
24 Subdivision (Madrone Lane and Pepperwood Lane).
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26 Resolution 2002-047 N.C.S. Declaring Weeds Growing Upon Parcels of Public
27 and Private Property a Public Nuisance.
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29 • Resolution 2002-048 N.C.S. Approving Street Closure in the Downtown Area for
30 Butter and Egg Days Parade for Saturday, April 27, 2002 Beginning at 12 Noon.
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32 Resolution 2002-049 N.C.S. Authorizing the Filing of an Application with the
33 Metropolitan Transportation Commission for Allocation of Transportation
34 Development Act/State Transit Assistance Funds for City's Transit System for
35 Fiscal Year 2002-2003.
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37 • Resolution 2002-050 N.C.S. Accepting the Resignation of Eric Hanson from the
38 Animal Services Advisory Committee.
39
40 • Resolution 2002-051 N.C.S. Accepting Completion of McNear Park Playground
41 by Ross Recreation for a cost of $160,095.93.
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43 Approval of Proposed Agenda. for Council's Regular Meeting of April 15, 2002.
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45 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Torliatt
46 NOES: None
April 1, 2002
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ABSENT: Moynihan, Mayor Thompson
ABSTAIN: None
***End Consent Calendar***
Vol, 37, Page 319
7 RESO. 2002-052 N.C.S.
8 WATER CONSERVATION PROGRAM
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10 Resolution 2002-052 N.C.S. of Support of the Sonoma County Water Agency (SCWA)
11 Local Supply, Recycled Water, and Tier 2 Water Conservation Program (UR/T2) at
12 $20 Million Level of Expenditures Over a 10-Year Period.
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14 Council Discussion
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16 Councilmember Torliatt: Thought the resolution was supposed to specify that the
17 funds contributed for conservation show as a separate line item in the water agency's
18 budget, and that they be used for conservation purposes only, not for Operation and
19 Maintenance (O&M) purposes.
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21 Vice Mayor Healy: At the February 25, 2002 Council Meeting, Randy Poole (Sonoma
22 County Water Agency Director) stated agency reserved right to use funds as they saw
23 fit. The program would involve each jurisdiction asking water agency to add
24 conservation component to wholesale rates. Jurisdictions then give money to SCWA,
25 and the money would be returned to each jurisdiction over the life of the project. He
26 thought it inefficient and preferred to have new Master Water Agreement require each
27 signatory to commit to specific $/year/customer on cost-effective conservation
28 programs.
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30 Councilmember Cader-Thompson: Did not understand the need to put City's money
31 in a "slush fund" and then have to apply to get it back. Did not think there was any
32 guarantee the City would get the money back.
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34 Councilmember Torliatt: Clarified that return of each jurisdiction's funds would be
35 guaranteed. There are two large projects (North Marin/Windsor) ahead of Petaluma.
36 She didn't think Petaluma could get enough money back in time to pay for Rooster Run
37 Recycled Pipeline.
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39 Councilmember Maguire: Supported collecting/spending conservation funds locally.
40 Suggested directing Councilmember Torliatt as WAC representative to work towards
41 including in the New Master Water Agreement a uniform cost per retail end-user as a
42 conservation fund. Would like Petaluma to have self-imposed commitment to dedicate a
43 portion of its water fees equal to its pro rata share of $13 million to conservation
44 programs.
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Vol. 37, Page 320 April 1, 2002
1 Vice Mayor Healy: Resolution stating City Council would support the contractors
2 agreeing mutually to have a minimum of $13 million over the 10-year period spent on
3 cost-effective water conservation programs, with those funds to be collected and spent
4 locally.
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6 Councilmember Maguire: Suggested $20 million.
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8 Vice Mayor Healy: $13 million "at a minimum."
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10 Motion to adopt Resolution 2002-052 N.C.S. Supporting the Sonoma County Water
11 Agency (SCWA) Local Supply, Recycled Water, and Tier 2 Water Conservation
12 Program, amended to state that, "the City Council would support the contractors
13 agreeing mutually to have a minimum of $13 million over the 10-year period spent on
14 cost-effective water conservation programs, with those funds to be collected and spent
15 locally."M/S Torliatt/Cader-Thompson.
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17 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Torliatt
18 NOES: None
19 ABSENT: Moynihan, Mayor Thompson
20 ABSTAIN: None
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22 Council Direction: Staff to include in materials for the water/sewer rates portion of the
23 FY 2002-03 budget discussions a draft ordinance committing the City to spending an
24 amount equal to its pro rata share of $13 million on local conservation programs.
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26 RESO.2002-053 N.C.S.
27 PETALUMA COMMUNITY ACCESS
28
29 Resolution 2002-053 N.C.S. Providing Interim Financing for Petaluma Community
30 Access (PCA) Corporation.
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32 Council Discussion
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34 Councilmember O'Brien: Thought the PCA Board of Directors needed to do a better
35 job of supervising how money is spent. Does not want them to think they have "a free
36 ride." They provide excellent service to community, but with frozen positions in the
37 Petaluma Police and Fire Departments, and more budget cuts threatened, he can't
38 support an additional loan to PCA.
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40 Vice Mayor Healy: Understood funds would be lent from restricted capital improvement
41 fund account for PCA expenditures.
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43 Finance Director Bill Thomas: Correct. Not coming from General Fund. Would be paid
44 back in eight quarterly payments, beginning December 31, 2002. PCA board is taking
45 steps to reduce expenditures.
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April 1, 2002
Vol. 37, Page 321
1 Councilmember Maguire: PCA paid back the previous loan from the City?
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3 Mr. Thomas: They still owe $18,000 of $50,000 loan. Have stopped making payments.
4 He joined board October 2001 and starting January 2002, realized ongoing revenues
5 were not meeting ongoing expenses.
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7 Councilmember Maguire: How will PCA pay $18,000 balance?
8 Mr. Thomas: He will budget that in next year to pay off. Can be done. Just reduced
9 staff; need to hire an Executive Director. Controls being put in place to prevent
10 overspending.
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12 Councilmember Cader-Thompson: Original loan from General Fund?
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14 Mr. Thomas: No, from capital account also.
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16 Councilmember Cader-Thompson: Asked Mr. Thomas to verify as she thought it was
17 from the General Fund.
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19 City Manager Fred Stouder: Recalled that original loan was from capital account.
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21 Councilmember Cader-Thompson: Appreciates work PCA does. Feels they need to
22 refocus on community access and become more professional and on target with
23 finances. Will support loan because she believes in PCA. Appreciates Mr. Thomas's
24 work with PCA.
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26 Councilmember O'Brien: Thought PCA should meet current obligations before being
27 lent more money from City. Even though loan would come from a restricted account, it
28 is still taxpayer money. Maybe the high school or Santa Rosa Junior College should
29 take over PCA. If legal, City could sell two channels back to AT&T to generate money
30 for City. PCA needs to be more benefit to community, less cash drain on City. Thinks
31 Mr. Thomas is doing a great job.
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33 Councilmember Maguire: Noted PCA had been making loan payments until recently.
34 With Mr. Thomas on board, and new employees including new bookkeeper in place at
35 PCA, clear from staff report that situation is being rectified. Feels that by not collecting
36 the $2.00 per cable subscriber fee for community access, AT&T has caused PCA's
37 financial woes. Disagrees with giving PCA to high school - more appropriate for PCA to
38 be under Council's jurisdiction. Against selling channels to AT&T as they would then
39 have no competition as cable carrier. Added this is AT&T's pattern across country and
40 called it a "21St Century Crime" that is not being prosecuted. In favor of making loan as
41 Mr. Thomas supports it and can monitor situation closely. Cable access very critical
42 vehicle in community.
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44 Councilmember Torliatt: Supports PCA as valuable resource in community. Had
45 issues with item being on Consent Calendar. Wondered why Council not informed when
46 PCA defaulted on loan payments. Wants clarification on source of $50,000 loan.
Vol. 37, Page 322 April 1, 2002
1 Believes such loans should come out of General Fund. Would like explanation of
2 financial situation at PCA. Has not seen any accounting records. Thinks PCA board
3 should request funds from Council face-to-face, with a plan for resolving their financial
4 and management issues. If PCA were forced to close its doors, thinks City should
5 continue to film and televise Council/Planning Commission meetings since City funds
6 that directly. Does not support selling channels to anyone other than public.
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8 Vice Mayor Healy: Will support loan. PCA's survival is at stake. Loan would come from
9 capital expenditures account for public access television. He would have more
10 heartburn if coming from General Fund. Big step backward if PCA were to close its
11 doors and City had to find another operator for three channels. Wants to see PCA fulfill
12 potential with deeper/broader community involvement.
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14 Motion to Adopt Resolution 2002-053 N.C.S. M/S Maguire/Cader-Thompson
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16 Councilmember Torliatt: Will not support at this time. Would support PCA coming
17 back with explanation of financial situation and justification for loan by end. of April.
18 Wants to know if legal to use capital funds for operating expenses.
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20 Councilmember Maguire: Suggested Mr. Thomas ask PGA board to provide Council
21 with reassurance of their ability to correct financial situation. Willing to ask staff to
22 determine if making loan from capital expenditures account was an error. Did not think
23 this ,loan should be held up for that information.
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25 Mr. Thomas: PCA will close doors tomorrow without loan. They have no funds, and bills
26 are outstanding. He had recommended loaning funds from capital expenditures account
27 because it had been done before.
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29 Councilmember O'Brien: Thought if PCA had to close, it was due to their poor
30 management. Feels that public access to Council/Planning Commission meetings is
31 vital, but does not want PCA to think the City will "continue to bail them out."$2.00 fee is
32 voluntary -those not paying are saying they don't want to support PCA to this level.
33 Need to listen to this message. Will not support loan.
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35 Councilmember Torliatt: Unconscionable that AT&T allowed to "rip off" community
36 and not invest in access channel at $2.00/month. PCA receives $39,000 quarterly. Does
37 not see why they would have to close doors. Wants PCA board to come to Council to
38 conduct business face-to-face. Wants everyone "on same page."
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40 Councilmember Cader-Thompson: Asked Mr. Thomas if City could keep PCA "afloat"
41 for the rest of month so Council/PCA board can meet.
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43 Mr. Thomas: No. Cannot continue to incur debt if can't make payments.
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45 Councilmember Cader-Thompson: Will support loan but. will attend PCA board
46 meeting April 2 as citizen to voice concerns with direction board has gone.
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April 1, 2002
Vol, 37, Page 323
Mr. Thomas: Meeting at 7:00 p.m. April 2 at Casa Grande High School.
Councilmember O'Brien: Why does PCA need $45,000?
Mr. Thomas: Asking for that amount and will return what not used. Estimates will have
PCA solvent by August or sooner. Still analyzing fixed expenses. Many have been.
reduced.
Councilmember Torliatt: Would support the loan with the understanding that should
PCA default on repayment of-the loan, the revenue stream from the $2.00 able access
fee would be used as repayment
Mr. Thomas: Suggested Council give him authority to borrow up to $45,000, in
increments to meet cash flow.
Motion amended to adopt Resolution 2002-053 N.C.S. Providing Interim Financing for
Petaluma Community Access (PCA) Corporation, in an Amount Up to $45,000, to be
Drawn Down by PCA As Needed Under the Direction of Finance Director/PCA Board
Member William Thomas. M/S Maguire/Cader-Thompson.
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Torliatt
NOES: O'Brien
ABSENT: Moynihan, Mayor Thompson
ABSTAIN: None
PUBLIC HEARING
RESO.2002-054 N.C.S.
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
Resolution 2002-054 N.C.S. Approving the Community Development Block Grant
Projects and Authorizing the City Manager to Sign All Documents Required by HUD.
Housing Administrator Bonne Gaebler presented the staff report.
Council Comments
Councilmember Torliatt: Pleased that Vietnam Veterans of California participating.
Many people using Opportunity Center are Vietnam veterans. Unfortunate they are "lost
in cracks"when they have served their country well.
Vice Mayor Healy: Very exciting list of programs. House that would serve veterans:
how many there at a time? Parking issues?
Vol. 37, Page 324
April 1, 2002
2 Ms. Gaebler: No more than six at a time. Driveway/converted yard provide parking.
3
4 Public Hearing Opened -There was no one wishing to speak.
5 Public Hearing Closed
6
7 Motion to adopt Resolution 2002-054 N.C.S. Approving the Community Development
8 Block Grant Projects and Authorizing the City Manager fo Sign All Documents
9 Required by HUD. M/S Maguire/Torliatt
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11 AYES: Cader-Thompson, Vice Mayor Healy,. Maguire, O'Brien, Torliatt
12 NOES: None
13 .ABSENT: Moynihan, Mayor Thompson
14 ABSTAIN: None
15
16
17 COUNCIL RULES, POLICIES & PROCEDURES
18
19 Reconsideration of the Summary Minutes Section of the Council Rules, Policies &
20 Procedures. (Continued from March 18, 2002 Meeting).
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22 Council Discussion
23
24 Councilmember Cader-Thompson: Understood Council agreed to summary minutes.
25 Thought minutes Council received in past were summary minutes. Minutes of March 4,
26 2002 were too brief. Comprehensive summary minutes important and should include
27 Council and public comments/requests. She uses past minutes when researching
28 issues. Wants to "honor Council's decision"to receive the type of minutes they have
29 received in past.
30
31 Vice Mayor Healy: February 20, 2002. staff report included three versions of minutes for
32 same meeting: "As Approved" - 28 pages; "Summary" - 12 pages; "Action" - 6 pages.
33
34 Councilmember Maguire: Tapes kept eight years, but searching 3-7 hour tape very
35 difficult. Sees minutes as index to video/audio tapes. Suggest summary minutes with
36 some discussion included: specific, salient points.
37
38 Councilmember Torliatt: Are we actually reconsidering Council Rules, Policies,, and
39 Procedures?
40
41 Vice Mayor Healy: Motion for reconsideration failed. Are "revisiting" minutes.
42
43 Councilmember Torliatt: Suggested "Summary Minutes Plus." She sometimes writes
44 out her comments and a-mails to Clerk's Office before meeting for inclusion.. in minutes
45 on major subjects. Wants to continue to have this option. Definition, of summary minutes
46 in Council Rules document says, "Council and staff discussion and comments maybe
April 1, 2002. Vol. 37, Page 325
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included."Change to read, "Council, staff, and public speakers' discussion..."Thinks
public speakers' addresses should be included. Does not think video/audio tape should
be ultimate record of meeting: Minutes in writing should be accessible to public. Would
like minutes on City's web site to be searchable by key word(s).
Councilmember Maguire: Some public speakers reluctant to give home address -
suggest included City of residence only.
Vice Mayor Healy: Thinks minutes of Planning Commission and SPARC meetings
succinct and informative. Would like to Clerk's Office to use them as model. Feels "As
Approved" minutes reflect "no attempt at editing or summarizing."
Councilmember Torliatt: Would like Council Rules document amended under Section
F, item 1, to add the words "public speakers."Thinks Clerk's Office doing good job with
minutes.
Councilmember Maguire: The word "may"as in "maybe included" is discretionary, at
discretion of Clerk's Office. Suggest leave as is, with proviso Council can ask for
inclusion of more or less information if needed.
Motion to amend Council Rules, Policies, and Procedures section F, item 1 to read,
"Council, staff, and public speakers' discussion and comments maybe included."M/S
Maguire/Cader-Thompson:
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Torliatt
NOES: None
ABSENT: Moynihan, Mayor Thompson
ABSTAIN: None
Council Direction
City Clerk's Office to produce minutes "somewhere between"the samples titled
"Summary" and "As Approved," using minutes from recent Planning Commission and
SPARC meetings as a model. Public speakers' comments to include City of residence,
but not street address.
RECESS - 4:45 p.m.
RECONVENE - 7:00 p.m.
PRESENT: Cader-Thompson, Vice Mayor Healy, O'Brien, Torliatt
ABSENT: Maguire, Moynihan, Mayor Thompson
PLEDGE OF ALLEGIANCE
Vol. 37, Page 326 April 1, 2002
1 MOMENT OF SILENCE
2 REPORT OUT OF CLOSED SESSION -None.
3 PUBLIC COMMENT -Bill Donahue, Petaluma: Was disappointed in City's response
4 to letter from attorneys representing owners of Sandalwood Mobile Home Park.
5 Concerned about owners' plan to add ten new mobile homes in a very wet area of park.
6 Terence Garvey, Petaluma: Noted many residents of Sandalwood on very limited
7 incomes.
8 Edna Mae Campanile,. Petaluma: Residents of Sandalwood are "scared to death."She
9 was "unhappy and embarrassed" by City's lack of action on the matter.
10 Geoff Cartwright, Petaluma: Attended the Sonoma County Water Agency's Water
11 Policy Workshop. Development is exceeding water supply. Cities need to work together
12 to `turn this ship from heading for the rocks." SCWA would like to acquire rights to
13 City's tertiary water.
14 David Glass, Chair, Planning Commission, Petaluma: Announced second public
15 hearing for the Factory Outlet Expansion on April 23. Encouraged citizens to call PCA to
16 view rerun of first hearing, and to come to meeting and express concerns in public.
17 Elizabeth Schmidt, Petaluma: Told Council Sandalwood's owners have threatened
18 they will `Make residents to arbitration every year."
19 Ron Kenyon, Petaluma: Stated owners of Rancho Feliz Mobile Home Park, Rohnert
20 Park, achieved 71 % rate of return on their investment last year. Far higher than
21 "reasonable" rate of about 12%.
22
23 COUNCIL COMMENT
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25 Vice Mayor Flealy: Asked the City Manager for update on Sandalwood situation.
26
27 City Manager Stouder: Will meet with City Attorney at report at next meeting.
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29 Councilmember Torliatt:
30 • City needs to have workshop for mobile home park residents regarding what the rent
31 stabilization ordinance does and does not do. Understood City could not require
32 owner of Sandalwood to provide information. Arbitrator can require this. City cannot
33 hold up application because of this. She wished this was not so. Wants clarification -
34 can owner take residents to arbitration every year?
35 Zone 2A Meeting last week -another April 30t", 3:00 p.m., Law Library - to discuss
36 potential flooding impacts caused by Rockridge Point, flood control issues and
37 SCWA's Water Policy Statement.
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39 Councilmember Cader-Thompson:
40 • Wanted clarification on dollars received from the mobile home park owners for City
41 costs and possibility of dividing between mobile home park owners and residents.
42 This was the $15,000 from Housing Fund discussed at last Council Meeting.
43 • Asked to have April 8t" Council Meeting at City Hall as sound system at Community
44 Center. (Council agreed).
45 • Members of public wanting copies of materials for Council Meeting agenda items
46 can call the City Clerk's Office at 778-4360.
April 1, 2002
Vol. 37, Page 327
1 • Would like to see noticing for Factory Outlet Expansion extended further than 300' -
2 all potentially affected property owners. Public should call City Clerk's Office to be
3 added. to mailing list. (Clerk's Note: Mailing list actually kept by Community
4 Development Department: 778-4301).
5 • Brought 3~d graders to City Hall and Shollenberger Park -read letter from student.
6 Encouraged teachers to call her so their classes may visit.
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8
9 PRESENTATION
10 POLLY HANNAH KLAAS PERFORMING ARTS CENTER
11
12 Presentation by the Leadership Petaluma Committee on the Status of the Polly
13 Hannah Klaas Performing Arts Center Renovation and Fund Raising Project.
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15 John O'-Keefe explained goals and progress of the project. Preserve historic building,
16 provide safe place for children, leave legacy with Polly's name. June 28'" "Help Raise
17 the Curtain" fundraising event - 7:00 p.m., Community Center -performers, food and
18 wine, auction. Tickets $50.00. Also accepting donations.. 763-0274.
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20 Council Discussion
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22 Councilmember Cader-Thompson: Asked to include in budget discussions findings to
23 use Redevelopment Funds for this project.
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25 Vice Mayor Healy: Recalled Council decided to use Public Facilities funds rather than
26 Redevelopment Funds but can revisit this.
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29 PUBLIC HEARING
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31 RESO. 2002-055 N.C.S.
32 DENYING APPEAL BY BRIAN HEIM
33
34 Discussion and Possible Action Regarding an Appeal by Brian Heim of a Decision of
35 the Planning Commission Upholding a Determination of the Zoning Administrator
36 Regarding the Maximum Number of Accessory Dwelling Units in the R-C (Compact
37 Single Family Residential) Zoning District Related to a Prospective Application for a
38 Second Accessory Dwelling at 314 Edith Street.
39
40 Planning Manager George White presented the staff report.
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42 Councilmembers Cader-Thompson and Torliatt, and Vice Mayor Healy: Announced
43 that they had met with Mr. Heim to discuss the project.
44
45 Councilmember O'Brien: Did not meet with Mr. Heim.
46
Vol. 37, Page 328 April 1, 2002
1 Brian Heim: Described the project using pictures and charts. Believes current zoning
2 ordinances allow aone-to-one ratio of accessory dwellings to permitted principal
3 dwelling in any district. Believes project fits density criteria in General Plan. Project
4 reflects efficient use of infrastructure -smart, pedestrian-friendly development for
5 Petaluma. Splitting parcel would contradict purpose of RC district. Encouraged clearly
6 written ordinances.
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8 Councilmember Torliatt: What would rent be?
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10 Mr. Heim: Three-bedroom $1,650; one-bedroom $1,000-$1,100.
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12 Vice Mayor Healy: Would tenants in back have pedestrian access to Edith Street?
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14 Mr. Heim: Yes.
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16 Public Hearing Opened -David Glass, Petaluma, Planning Commissioner explained
17 no problem with this parcel -many positive things -but would set precedent.
18
19 Geoff Cartwright, Petaluma: Council has talked about moving toward infill in last few
20 years. Should approve this project because in line with that policy. Units not great draw
21 on water supply - 80% of water used by agriculture, industrial, commercial.
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23 Dale Axelrod, Petaluma: Property owner in same block as project. In favor of affirming
24 appeal. Would upgrade appeal of neighborhood and is a sustainable way to provide
25 housing. Project meets community goals - he does not understand why City would not
26 approve it.
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28 Allen Henderson, Petaluma: Owns property next door to project. In favor of project.
29
30 Brent Russell, Petaluma: Architect for project, this type of project a positive way to
31 increase density in neighborhood without. negative impact of large apartment complex.
32 Should be encouraged in Petaluma.
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34 Public Hearing Closed
35
36 Vice Mayor Healy: Asked George White if lot could be legally split.
37
38 Mr. White: Theoretically.
39
40 Vice Mayor Healy: So that one parcel would face Edith Street; the other face the alley?
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42 Mr. White: Yes. If public right-of-way.
43
44 Councilmember Torliatt: Application brings up competing goals: Live by rules vs.
45 promote .infill development and opportunities for housing. Commended Mr. Heim for
46 striving for this kind of development. Unfortunately, some people would use
April 1, 2002 Vol. 37, Page 329
1 determination Mr. Heim is seeking to detriment of neighborhood. Must look at bigger
2 picture and how policy applies to everyone.
3
4 Councilmember O'Brien: Happy to see neighbors here supporting project -speaks to
5 quality of project. Likes project but concerned with precedent. Why not use lot split?
6
7 Councilmember Cader-Thompson: Situation reflects need to update and clarify
8 zoning ordinances. Project fits goals for community.
9
10 Vice Mayor Healy: Project has merit in abstract. Council could uphold appeal and limit
11 it to specific facts present here, which are fairly specialized -lot could be spent and
12 parking provided. Re other three infill granny units Mr. Glass mentioned -problem was
13 compatibility with neighbors. Not issue here. This project is accessory dwelling
14 underneath primary residence. Council could give itself flexibility to approve projects
15 such as this.
16
17 Councilmember Torliatt: How do we know not many parcels in neighborhood that
18 could accommodate this much off-street parking? Likes idea of Council setting criteria
19 allowing approval of this type of project -wants to be sure staff have "enough teeth"to
20 say, "no"and. that the decision won't be abused by others.
21
22 Mr. Heim: Will always be criteria projects need to meet. Community Development will
23 have plenty of control over any project. No project would be approved without meeting
24 those criteria.
25
26 Councilmember O'Brien: Wouldn't it be easier to split the lot? Why is this coming
27 before Council if not setting a precedent?
28
29 Mr. Heim: Does not believe would set precedent. Accessory dwellings do not count
30 against General Plan density limit. Appurtenance to the principal dwelling.
31
32 Councilmember O'Brien: If can be accomplished by simpler means, why is Council
33 going through this exercise where at least two Councilmembers concerned with setting
34 precedent.
35
36 Mr. Heim: Concern that precedent set that Community Development Departments has
37 more discretion than ordinances allow. Staff should not be making these decisions - is
38 Council's call.
39
40 Councilmember Torliatt: What would it take to do a lot split?
41
42 Mr. Heim: Six more months and thousands more dollars.
43
44 Councilmember O'Brien: Did not think rents mentioned by Mr. Heim made this
45 "affordable housing."
46
Vol, 37, Page 330
April 1, 2002
1 Mr. White: Staff looking for direction from Council that they could apply equally in the
2 future. If this appeal upheld, he saw no way to turn away any other similar projects.
3
4 Councilmember Cader-Thompson: Difficult decision. Supports this type of
5 development, but also thinks it important to support staffs' recommendations -they will
6 have to deal with next project that comes forward. Mentioned another City where an
7 alley was given a harder surface -more conducive to pedestrian traffic -enhanced
8 neighborhood. If looking at larger picture -need to look at alley as well. Thinks project
9 would fit nicely into neighborhood. Council needs to work on zoning ordinance sooner
10 rather than later.
11
12 Vice Mayor Healy: Assumed rewrite of zoning and subdivision ordinances likely to wait
13 till General Plan process complete or nearly complete.
14
15 Mr. White: No. Money allocated specifically for development code. If money still
16 available at end of fiscal year (June 30) Community Development would begin efforts to
17 update code.
18
19 City Manager Stouder: Money has been protected. Development Design Guidelines
20 being prepared for Central Petaluma Specific Plan will be used as basis for zoning
21 ordinance revision. Should mean revisions will take less time.
22
23 Mr. White: Correct.
24
25 Motion to Adopt Resolution 2002-055 N.C.S. Denying Appeal by Brian Heim and
26 Upholding the Determination of the Zoning Administrator. M/S Torliatt/O'Brien.
27
28 AYES: Cader-Thompson, Vice Mayor Healy, O'Brien, Torliatt
29 NOES: None
30 ABSENT: Maguire, Moynihan, Mayor Thompson
31 ABSTAIN: None
32
33 Assistant City Attorney Clare Gibson: Atwo-two tie vote operates to hold in place the
34 decision of the Planning Commission.
35
36 Councilmember Torliatt: Asked for a response from General Plan Administrator
37 Pamela Tuft on how the zoning ordinance issue will be dealt with.
38
39
40 ADJOURN -Adjourned at 9:00 p.m.
41
42
43
44
45 Mike Healy, Vice M or
46
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April 1, 2002 Vol, 37, Page 33]
2 ATTEST:
3
4 '
5
6 Claire Cooper, Clerk Pro Tem
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