HomeMy WebLinkAboutCity Council Minutes 04/15/2002April 15, 2002
Vol. 37, Page 341
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City Council Meeting Minutes
Monday, April 15, 2002 - 3:00 p.m.
Regular Meeting
PRESENT: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan,
O'Brien, Mayor Thompson, Torliatt
ABSENT: None
PUBLIC COMMENT
Vasco Brazil, Petaluma, shared pictures of October 2001 irrigation season. Check
dams of the user above him almost full of water. Are supposed to be emptied so
available in emergency to contain overflow. Leak from dams going into creek. Animals
attracted by green grass cause erosion by walking on wet ground. Property owner
upstream of his ranch does not appear to be irrigating systematically - is not moving
pipes. City pays US Filter to monitor situation every day. They have not made one
report all year. This is not the first time. Mr. Brazil complained to Regional Water Quality
Control Board. Their position was, "If it wasn't reported, it never happened." New
irrigation season starts in two weeks. How will City make sure this doesn't happen
again?
Larry Torres, Petaluma, husband of Diane Reilly Torres, "City Watchdog." She is
member of Petaluma Community Access (PCA) Board of ®irectors, and has right to
inspect financial records of PCA. PCA providing information to some board members,.
not to others.
Geoff Cartwright, Petaluma, at the March 25 Sonoma County Water Agency (SCWA)
Board of Directors meeting, they stated development has strained water supply. He
suggested that all water contractors look at "interim study districts" to get a handle on
the water supply issue. May come across the "m word: moratorium." May be
approached by developers claiming they "have constitutional rights."They do, but if they
cause damage, injury, etc., they have exceeded those rights.
Diane Reilly Torres, Petaluma, member of PCA Board of Directors. Is worried about
her responsibility to members. Has asked to inspect documents. City Finance
Director/PCA Board Treasurer Bill Thomas does not return her phone calls. She sees
discrimination against Hispanics at PCA. Stress level very high. They need a bi-lingual,
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Vol. 37, Page 342
April 15, 2002
Hispanic member to replace Fernando Nugent, who recently passed way. Very
important that City receive access fees.
COUNCIL COMMENT
Councilmember Torliatt:
• Smart Growth Strategy Regional Livibility Footprint Project will hold its Sonoma
County meeting on Saturday, April 20, 2002, Steele Lane Community Center in
Santa Rosa. Put on by Association of Bay Area Governments (ABAG). Purpose is
land use planning on regional basis -incorporates public input in regional planning
process.
• Attended Friends of the Petaluma Library fundraiser Sunday, April 7, 2002. Money
raised for library expansion. Anyone wishing to contribute should call library.
Councilmember O'Brien:
• Congratulated the Casa Grande High School .Academic Decathlon Team on their
recent placement as sixth in the nation.
• At Planning Commission Tuesday, April 9, members stated traffic study was ready
and wanted to schedule it for Planning Commission discussion and use on all future
projects. He thought it still needed census data, future land use, etc., added. Asked
for direction from Council.
Mayor Thompson:
• Stated Planning Commission would receive model when Council received - he didn't
think this would be immediate.
Councilmember Maguire:
• Model requires more calibration since currently predicated on 1987 General Plana
Enough in budget for eight scenarios. Not yet time to be used as a tool.
Councilmember Torliatt:
• Wanted clarification of status of traffic model from General Plan Administrator Pam
Tuft. Understood calibrations completed for existing conditions, only a few
intersections were problematic. Planning Commission is looking at using existing
conditions .model and plugging in traffic assumptions based on a proposed project to
see what existing conditions have with that project put in place -tool to help make
decisions.
Councilmember Maguire:
• Thought should come back to Council first for final review.
April 15, 2002
Vol. 37, Page 343
1 Councilmember O'Brien:
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3 • Planning Commission also wants to use to project future cumulative land use -that
4 data not included at this time.
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6 Vice Mayor Healy:
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8 • If model includes numbers for existing conditions and current General Plan build-out
9 (even if innacurate), it might be useable in some cases.
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11 Councilmember Maguire:
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13 • Thought build-out too innacurate. He is in favor of using as model when the time is
14 right.
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16 City Manager Stouder:
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18 • Spoke with Community Development Director Mike Moore and General Plan
19 Administrator Pam Tuft. -they are working on situation. Larger question - is it usable
20 today? He does not think so. Thought there was $3,000 - $6,000 cost every time
21 used.
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23 Councilmember Torliatt:
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25 • Not true. She understood staff able to plug in a land use and run model themselves.
26 Consultant did not have to be involved.
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28 Councilmember O'Brien:
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30 • Has asked staff to schedule discussion for next Planning Commission meeting.
31 Would like to provide direction to staff for that meeting.
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33 Mayor Thompson:
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35 • Staff should write memo to Planning Commission stating traffic model not yet ready
36 for use -and give date of estimated completion.
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38 Councilmember Cader-Thompson:
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40 • In future invite Planning Commission, etc., to Council Meeting instead of having
41 double meetings.
42 • Asked to have Agenda Bill 680 (Steinberg -Land use: sales tax and property tax
43 revenue allocation) agendized for discussion. Wording may be changed and Council
44 comment should go to writer.
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Vol. 37, Page 344
April 15, 2002
• Would like Council to send letter to state senate and assembly with opinion on
mobile home rent regulations. Council should look at what the state is trying to
pass and try to work with it at City level.
Councilmember Maguire:
• Thought there was solid support on Council for AB 680 -should Council ask staff to
draft a letter from the Mayor?
Councilmember Cader-Thompson:
• Thought Council should first get specific bill wording from Senator Dunn and then
move forward.
• Congratulated Casa Grande Academic Decathlon team. Would like to invite them
to come to Council meeting.
• Letter Council received regarding Nonresidential Outside Sanitary Sewer Service for
Adobe Lumber -thought Council was waiting for General Plan amendment before
making a decision on their failed septic system. Asked City Clerk's Office to review
previous Council Meeting minutes on the subject.
Councilmember Maguire:
• Asked the City Manager to check out Mr. Brazil's concerns regarding monitoring,
water use.
• Saturday, April 20, 2002 -Earth Day. Invited everyone to meet at Shollenberger
Park 9 a.m. to 1:00 p.m. to pick up trash. Bring gloves and clippers.
• Tuesday, April 23, 2002 -Dine With the Animals -restaurants participating -
contribute portion of revenues to Animal Shelter Renovation/Expansion.
APPROVAL OF MINUTES -March 11, March 18, March 25, April 1, 2002
• March 11, 2002 -Motion to approve. as written. M/S Torliatt/Healy
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
• March 18, 2002 -Page 1, line 27: regarding Councilmember Torliatt's clarifications
of March 4 minutes - is City Clerk's Office including clarifications in both March 4 and
March 18 minutes? (Claire Cooper, City Clerk Pro Tem, answered "yes.' Page 5,
line 45: Remove Councilmember Cader-Thompson from "ayes." Vice Mayor Healy
was absent during afternoon session. Page 11, line 38: Regarding the Nexus Study,
note that Councilmember Cader-Thompson talked about an automatic CPI increase
to be built into document. Page 13, line 31: Roger Weeks, who spoke during Public
April 15, 2002
Vol. 37, Page 345
1 Comment, requested that Petaluma Boulevard South be reduced to one lane going
2 each way.
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4 Motion to approve as corrected. M/S Torliatt/Healy
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6 AYES: Cader-Thompson, Vice Mayor Healy, Maguire,
7 Moynihan, O'Brien, Mayor Thompson., Torliatt
8 NOES: None
9 ABSENT: None
10 ABSTAIN: None
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12 • March 25, 2002 -Page 5, line 20: Add Planning Manager George White's comments
13 about the lack of funds available for monitoring programs at staff level.
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15 Motion to approve as corrected. M/S Torliatt/Healy
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17 AYES: Cader-Thompson, Vice Mayor Healy, Maguire,
18 Moynihan, Torliatt
19 NOES: None
20 ABSENT: None
21 ABSTAIN: O'Brien, Mayor Thompson
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23 • April 1, 2002 -Page 7, line 8: Clarify Councilmember Torliatt's statement that she
24 would support the loan to PCA with the understanding that should PCA default on
25 repayment of the loan, the revenue stream from the $2.00 access fee would be used
26 as repayment. (Vice Mayor Healy and Councilmember Maguire did not believe that
27 was the motion Councilmember Torliatt made. Councilmember Torliatt stated she
28 would like to reconsider the loan to PCA in that case. Vice Mayor Healy did not think
29 that was timely, as the request was not being made at the first Council Meeting after
30 the loan was approved. Councilmember Torliatt stated that April 8, 2002 was a
31 special meeting and did not count as the next meeting. City Attorney Rich Rudnansky
32 stated that Council's rules indicate a Councilmember voting with majority may
33 reconsider at same or next succeeding meeting - no delineation between special and
34 regular ,meetings. Therefore, the meeting of April 8, 2002 was the next meeting, and
35 Councilmember Torliatt could not ask for reconsideration at tonight's meeting. Page
36 14, line 28: Councilmember Cader-Thompson and Vice Mayor Healy voted "no."
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38 Motion to approve as corrected. M/S Torliatt/Healy
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40 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, Torliatt
41 NOES: None
42 ABSENT: None
43 ABSTAIN: Moynihan, Mayor Thompson
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Vol. 37, Page 346 April 15, 2002
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CONSENT CALENDAR
The following items are non-controversial and were enacted in one motion. M/S
Moynihan/Maguire
• Resolution 2002-056 N.C.S. Approving Street Closures for Antique Faire for
Sunday April 28, 2002: Fourth Street From `B' Street to Western Avenue; Kentucky
Street From Western Avenue to Washington Street, the `A' Street Parking Lot
Between 4t" Street and 5t" Street.
• Resolution 2002-057 N.C.S. Awarding Two-Year Weed Abatement Contract to
Remove Weeds Within the City and Authorizing City Manager to Execute a Contract
for Such Abatement Program.
• Resolution 2002-058 N.C.S. Supporting the American Lung Association of
California in Encouraging the City of Petaluma to Acquire the Lowest Emission
Vehicles Available, Practical and Reasonably Cost Competitive to Help Reduce
Unhealthy Emissions and the Resulting Air Pollution.
• Resolution 2002-059 N.C.S. Approving the Application (Submitted February 1, 2002)
for Grant Funds- for the Riparian and Riverine Habitat Program Under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000 (Proposition 12) for MclVear Peninsula, Phase I (Pursuant to Resolution No.
2001-030 N.C.S., Adopted February 5, 2001) Directing City Management to Pursue
Additional Funding for McNear Peninsula Park.
AYES: Cader-Thompson, Vice Mayor Healy, Maguire,
Moynihan, O'Brien, Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
**** End Consent Calendar****
The following items were removed from the Consent Calendar for discussion:
RESO.2002-060 N.C.S.
ACCEPTING CLAIMS AND BILLS
Resolution 2002-060 N.C.S. Accepting the Claims and Bills From Demand Dates of
February 15, March 1, and March 15, 2002.
Councilmember Moynihan asked for clarification on several items, but was willing to
move forward with approval of the item with the understanding he would receive that
April 15, 2002 Vol. 37, Page 347
1 information shortly. He would like to find a way to fix more potholes. He recused himself
2 from two items: Check #18901 Livingston et al $5,437 and Check #19677 Livingston et
3 al $9,372.
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5 Councilmember Torliatt believed that Councilmember Moynihan was required to explain
6 why he was recusing himself.
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8 Councilmember Maguire explained charges were for legal fees regarding Council's
9 lawsuit. against Councilmember Moynihan for violation of the Campaign Finance
10 Ordinance. Councilmember Moynihan confirmed this.
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12 Motion to adopt Resolution 2002-060 N.C.S. M/S Moynihan/Healy
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14 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
15 Mayor Thompson, Torliatt
16 NOES: None
17 ABSENT: None
18 ABSTAIN: None (Moynihan abstaining on two line items -see above)
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21 RESO. 2002-061 N.C.S.
22 LINDBERG LANE SANITARY SEWER IMPROVEMENT PROJECT
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24 Resolution 2002-061 N.C.S. Approving the Plans and Specifications Prepared by
25 Coastland Civil Engineering, Inc., and Awarding the Contract for the Lindberg Lane
26 Sanitary Sewer Improvement Project. The Project Involves Replacing Approximately
27 3,800 Feet of a Deteriorating and Undersized 15-Inch Sanitary Sewer Main to Reduce
28 the Potential for Overflows. Estimated Project Cost: $1,714,177.00. Funding Source:
29 Sewer Funds.
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31 Councilmember Torliatt asked if this sanitary sewer main would be the one used if the
32 fairgrounds property was developed. If so, would it be big enough?
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34 Engineering Manager Mike Ban will determine if that pipeline drains fairgrounds, and if it
35 would be of sufficient size and capacity should the fairgrounds property be developed.
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37 Vice Mayor Healy asked what the condition of the street would be when the project was
38 completed.
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40 Mr. Ban explained there would be overlay on Lindberg Lane from Payran Street to 101 -
41 curb to curb.
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43 Motion to adopt Resolution 2002-061 N.C.S. M/S Maguire/Cader-Thompson
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45 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
46 Mayor Thompson, Torliatt
47 NOES: None
Vol. 37, Page 348 April 15, 2002
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ABSENT: None
ABSTAIN: None
2002 WATER WELL PROJECT
Approving the Plans and Specifications and Awarding the Contract for the. 2002 Water
Well Project. The Project Jnvolves Drilling and Testing Four Municipal Water Wells.
Estimated Cost is $207,606.60. Funding Source: Water Enterprise Funds.
Councilmember Torliatt had provided Director of Water Resources and Conservation
Tom Hargis with the following questions:
• What is definition of "best wells?"
• Are you supposed to drill new wells next to "best wells?"
• Do we have any guarantee that the well water pumped from these wells will only
serve the City of Petaluma during "emergencies?" What is the definition of an
"emergency?"Does impairment qualify as an emergency?
• Do we know what the. current level of the water table is? How will we measure the
replenishment or reduction of the water table if we drill the proposed wells?
• How deep are the wells to be drilled? What aquifer are we pumping from?
• Does Casa Grande pump water from wells? Would the well on Baywood have an
effect on the Casa Grande well?
• Are there any domestic wells in the area of the new wells?
• What screen intervals are we using?
• Have we coordinated with Fire Marshal Mike Ginn on hazardous sites? Specifically,
the BP station on East Washington/McDowell Boulevard (MTBE aquifer effected) on
McDowell Park well and the hazardous sites on Baywood that might affect the
Miwok Park well?
• Will pumping adjacent to Adobe Creek reduce the water percolating in the creek with
long-term pumping?
• What are our "best management practices"as they relate to well ,pumping?
• Do we test the water? What do we test for? Are we testing the wells for
contaminants? If so, what? Gasoline, MTBE, pesticides, herbicides, solvents?
Spraying of herb and pests at parks?
• Thought we were trying to use recycled water for irrigation at parks, not well water
(see criteria for site selection).
• Need a better map for recharge areas.
Mr. Hargis explained that some questions could be answered now; some would require
research. Could return at next meeting with answers.
Vice Mayor Healy was concerned item was time-sensitive. If Council accepted low bid
today, work could get started first part of May, and would take about 60 days. Could be
online in July., in front of summer peak. He wanted to go through the questions.
April 15, 2002 Vol. 37, Page 349
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Councilmember Torliatt did not think staff would recommend moving the item to the next
meeting if it was so time sensitive.
Mr. Hargis explained plan is to get wells drilled this summer. Pumps, etc., are separate.
Wells would not be on-line till January. There is time to bring issue back. Is important to
have emergency wells in case aqueduct gets shut down for some reason. The MOU for
impaired water supply evaluated each local agency's ability to provide water,
commitment off aqueduct, and created scenario with reduced amount from aqueduct.
Last two meetings clarified Petaluma's obligation. City misunderstood - thought
requirement was to pump 1.6 mgd. City is not obligated. While City was pumping, other
water in aqueduct was going to other contractors. Intent of wells not for others to be
able to use. Water resources element of the General Plan looks at how system is
managed and evaluates groundwater. These wells would be for emergency -
earthquake, etc. -for citizens of Petaluma.
Councilmember Maguire was willing to continue to next meeting in three weeks if Mr.
Hargis thought acceptable. Asked what kind of water quality monitoring is done with
wells? Is the water filtered, treated, or chlorinated?
Mr. Hargis -chlorinated.
Vice Mayor Healy -one thing to use as impairment -but think long and hard about using
on regular basis because of quality issues. Likes ideas of having wells next to sites with
lots of irrigation potential.
Councilmember Moynihan concurred with comments. Questions raised regarding future
negotiations with SCWA and other contractors cannot be resolved in near future. City
should move ahead with current projects. He had additional questions:
• How are sites chosen?
• What is the cost of well water compared to SCWA water?
Councilmember O'Brien thought Councilmember Torliatt's questions "interesting" but
thought the majority probably already considered by staff. He wanted to move forward
with project and avoid "micromanagement."
Councilmember Cader-Thompson did not have problem waiting for answers. Asked Mr.
Hargis if it is true that wells can have impact on two-mile radius.
Mr. Hargis explained that depends on soil type, depth, underground streams, etc.
Motion to continue item to May 6, 2002 Council Meeting. M/S Maguire/Thompson
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
Vol. 37, Page 350 April 15, 2002
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RESO.2002-062 N.C.S.
MONTESCHIO RESIGNATION
Resolution 2002-062 N.C.S. Accepting the Resignation of Clare Monteschio from the
Planning Commission.
Councilmember Maguire would like to move forward with advertising this vacancy, and
two vacancies on Animal Services Advisory Committee as soon as possible.
There was discussion on whether a vacancy exists on the Tree Advisory Committee..
Motion to adopt Resolution 2002-062 N.C.S. M/S
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
Council direction: City Clerk's Office to proceed with advertising for the three vacancies, and
any others, if they exist.
RESO.2002-063 N.C.S.
MOTOROLA RADIO EQUIPMENT
Resolution 2002-063 N.C.S. Authorizing the Purchase and Installation of Motorola
Radio Equipment from Motorola Corporation in the Amount of $103,571.13.
Councilmember Moynihan was unclear what the funding source was.
Leslie Aboudara, Police Department, explained the purchase would be made entirely
with grant funds.
Councilmember Moynihan would like to see a replacement fund set up for the
equipment.
Finance Director Bill Thomas explained has not been practice of City. Can discuss
during budget workshops.
.Motion to adopt Resolution 2002-063 N.C.S. M/S Moynihan/Cader-Thompson
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson, Torliatt
NOES: None
April 15, 2002
Vol. 37, Page 351
1 ABSENT: None
2 ABSTAIN: None
3
4
5 PROPOSED AGENDA
6 MAY 6. 2002 COUNCIL MEETING
7
8 Approval of Proposed Agenda for Council's Regular Meeting of May 6, 2002.
9
10 Councilmember Torliatt asked if Rockridge Pointe would really be heard on May 6tn
11 Has it gone to the Planning Commission?
12
13 Community Development Director Mike Moore explained the project would go to the
14 Planning Commission April 23, 2002. Reminded Council this was direction to staff when
15 appeal considered at March 4, 2002 Council Meeting. Noticing/scheduling had already
16 been done.
17
18 Vice Mayor Healy referred to Keller Street Garage project -thought the photo mock-up
19 looked like a prison.
20
21 Councilmember Maguire wondered if this was best design. Was it possible to have
22 secure facility without it "looking like a fortress?"
23
24 Mayor Thompson asked if there was Council consensus to bring the item back for
25 discussion.
26
27 Council agreed.
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29 Councilmember Moynihan referred to item 4 on Consent Calendar - Gualala River. Did
30 not think Council should spend time on this.
31
32 Mayor Thompson asked for show of hands -who would like to keep item on agenda?
33 Four Councilmembers were in favor.
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35 Councilmembers Moynihan and Torliatt wanted to agendize the PCA loan for discussion.
36 and review.
37
38 Councilmember Cader-Thompson. would like PCA to present Council with a business
39 plan. She would like to know how they plan to repay the loan.
40
41 Vice Mayor Healy reminded Council they were told if loan not made, doors would close
42 next day. Agreed PCA should provide Council with written plan.
43
44 Councilmember Cader-Thompson would prefer PCA come before Council as they did
45 with original loan.
46
Vol. 37, Page 352 April 15, 2002
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Councilmember Maguire was. opposed to bringing item back. Some Councilmembers
have. treated some PCA board members very badly. Having them come before Council
would seem a punitive "calling on the carpet." He thought Vice Mayor Healy's idea
more sensitive.
Councilmember O'Brien did not want item to come back. "We voted on it. We're done."
Mayor Thompson counted four Councilmembers against bringing the. item back.
Councilmember Cader-Thompson thought PCA board had a fiduciary responsibility to
come back with a business plan.
Councilmember Torliatt did not think funds could come out of Capital Fund. Council was
told the original loan came from the General Fund. Thought that was because loan
could not be made out of Capital Fund: Wanted clarification on this issue.
Mr. Thomas explained that original loan came out of General Fund. He was mistaken.
Councilmember Cader-Thompson asked the City Manager to agendize AB 680 for a
future meeting -not on May 6, 2002.
Motion to approve agenda for May 6, 2002. M/S Healy/Maguire
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENT -None
CLOSED SESSION
® CONFERENCE WITH LABOR NEGOTIATOR, Government Code Section 54957.6. Agency
Negotiator: Bill Thomas/Frederick Stouder/Dennis Morris. Employee Organization:
AFSCME.
® PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Government Code Section 54957. Title:
City Manager.
RECESS 5:00 p. m.
******
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April 15, 2002
RECONVENE - 7:00 p.m.
Vol. 37, Page 353
PRESENT: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan,
O'Brien, Mayor Thompson, Torliatt
ABSENT: None
PLEDGE OF ALLEGIANCE -Dorothy Morris
MOMENT OF SILENCE
REPORT OUT OF CLOSED SESSION - No reportable action.
PUBLIC COMMENT
Linda Buffo, Petaluma Downtown Association, announced April 27, 2002 Butter and
Eggs Days Festivities. Info available at web site: www.butterandeggdays.com. Good
Egg Award to be presented at 12:00 noon on steps of museum. April 20-27, 2002 is
Petaluma History Week.
Eugene Ruggles, Petaluma, announced a memorial for Dan Jaffe, who passed away
three weeks ago at age 50, to be held on Sunday April 28, 2002, 6:30 p.m., at the
Phoenix Theater.
Bill Donahue, Petaluma, Sandalwood Mobile Home Park, reiterated disappointment in
City's response to park owners' lawyer's letter -still feels City should and could have
rejected rent increase. Residents spending thousands on arbitration. Will be
recommending overlays to ordinance.
Terence Garvey, Petaluma, regarding mobile home park space rent. stabilization
ordinance. Hoped City will have representative at meeting of owners and renters to
ensure compliance with ordinance. He read from page 4 of the ordinance and pointed
out rent increases are much in excess of that allowed. Can arbitration overrule limits set
in ordinance?
Edna May Campanile, Petaluma, Sandalwood Mobile Home Park, hoped justice
would come via the ordinance. Ordinance set up to protect tenants of park. Financial
climate in 1993-94 when ordinance passed completely different than now. Parks now
sold at prices millions above assessed value. Millions to be recovered by raising rents.
Owners using "fair rate of return" to recoup money they overpaid for park. City Clerk,
City Housing Director, County Housing Director all of very little help. Arbitration -five
experienced lawyers from Southern California -against "we, the people. "
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Vol. 37, Page 354
April 15, 2002
COUNCIL COMMENT, LIAISON REPORTS
Councilmember Cader-Thompson:
• Has been asking about money in "pot" for mobile homes and if it can be used.
City Attorney Rich Rudnansky explained that ordinance speaks to fees being used for
administration of ordinance -costs charged by County to administer the ordinance -
housing director, county counsel, arbitrators, fees incurred by City.
Councilmember Torliatt:
• Clarified she had asked if housing funds could be used to pay for some of these legal
fees. Housing funds are for preserving low-income homes in community.
Mr. Rudnansky received her note last week and is looking into it. Somewhat limited by
state statutes.
Councilmember Cader-Thompson:
• Asked to adjourn meeting in memory of Fernando Nugent, PCA board member, who
died recently.
• Spoke with Bill Donahue. He will give City Clerk info from state to give to Council
regarding mobile homes.
• Saturday, April 20, 2002 -Earth Day (see afternoon meeting Council Comments).
Councilmember Maguire:
• Looked forward to hearing from the City Attorney regarding housing funds.
• Tuesday, April 23, 2002 -Dine with the Animals (see afternoon meeting Council
Comments).
Vice Mayor Healy:
• Thought the Golden State Mobile. Home Owners .Association might. be able to
provide support to the mobile home residents facing arbitration. He asked Mr.
Donahue to let Council know what he learns about this.
Mayor Thompson:
• Congratulated Casa Grande Academic Decathlon Team (see afternoon meeting
Council Comments).
• Regarding money available for mobile home residents, he suggested Mr. Donahue
determine if other municipalities have used city monies in a similar situation and
provide Council with the names of those cities.
April 15, 2002 Vol. 37, Page 355
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3 PROCLAMATIONS/PRESENTATION.
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5 • Declaring April 18, 2002 TeleComrnUnity Day- Bill Hammerman accepted the
6 proclamation.
7 • Declaring Petaluma a Hate Free Community -Dorothy Morris, Sonoma County
~ 8 Commission on Human Rights, accepted the proclamation.
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11 PUBLIC HEARING
12 RESO. 2002-064 N.C.S.
13 ORDERING WEED ABATEMENT
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15 Discussion and Possible Action Ordering Abatement of Nuisance Consisting of
16 Weeds Growing on Public/Private Property in the City of Petaluma and Ordering the
17 Fire Chief to Remove Said Weeds by Contract or His Own Forces.
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19 Fire Marshal Michael Ginn presented the staff report. Letter sent to property owners -
20 weeds must be cleared by May 15, 2002. Staff report includes commitment to one or
21 two more hearing dates if other properties come to Fire Marshal's attention at later date.
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23 Councilmember Cader-Thompson asked if having one's name on the weed abatement
24 list would affect homeowner's insurance rates.
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26 Mr. Ginn replied that it would not.
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28 Councilmember Maguire noted that in recent discussions on service fees, the City has
29 decided to raise fees to cover costs actually incurred.
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31 Mr. Ginn added that the resolution included charging property owners a contractor's fee
32 plus $100 if the City has to remove weeds.
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34 Councilmember Moynihan explained that property owners can use the City contractor or
35 their own and not be subject to $100 fee.
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37 George Spragens, Petaluma, thanked Fire Marshal for working with him on weed
38 abatement problem.
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40 Councilmember Cader-Thompson thanked Mr. Spragens for his constructive
41 assistance.
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43 Motion to adopt Resolution 2002-064 N.C.S. M/S Cader-Thompson/Torliatt
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45 AYES: Cader-Thompson, Vice Mayor Healy, .Maguire, Moynihan, O'Brien,
46 Mayor Thompson, Torliatt
47 NOES: None
Vol. 37, Page 356 April 15, 2002
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ABSENT: None
ABSTAIN: None
PUBLIC HEARING
RESO.2002-065 N.C.S.
FIREWORKS BOOTH APPLICATIONS
Discussion and Possible Action to Authorize Fee Increase to Fireworks Booth
Applications to Recover Cost of Fireworks Enforcement.
Fire Chief Chris Albertson introduced staff report.
Fire Marshal Mike Ginn presented the "Three E's"fireworks education and enforcement
program, athree-pronged :approach of education, engineering (i.e., code changes - to
be introduced in ordinance May 6, 2002), and enforcement. Funding for program will be
through increased fees for fireworks distributors and booth applicants.
Councilmember O'Brien .has received many phone calls from non-profits operating
booths. Most think the fee increase reasonable.
Councilmembers Maguire and O'Brien commended Chief Albertson and Mr. Ginn for the
excellent staff report and proactive approach.
Mr. Ginn suggested anyone wanting his or her neighborhood added to list for
enforcement patrols a-.mail firemarshal@ci.petaluma.ca.us or call 778-4389. A
provision in the code will allow possible future ban of all fireworks in certain area of the
west side, e.g., Westridge, etc., where residential streets are adjacent to grassy areas.
Councilmember Maguire thought illegal fireworks were becoming more powerful and
dangerous.
Asked for Council's approval of concept, "No More Mr. Nice Guy"
Councilmember Torliatt added that part of responsible use of fireworks is clean up
afterward.
Councilmember Moynihan was concerned with impact on non-profit organizations that
use this as big fundraiser. Have they weighed in? Asked Mr. Ginn how many fire calls
related to "safe-and-sane"v.s. illegal fireworks.
Mr. Ginn estimated 70% "safe-and-sane'; 30% illegal - big fires tend to be caused by
illegal fireworks. For most part the non-profits are supportive. He hasn't heard any real
negatives.
Mayor Thompson thanked Chief Albertson and Mr. Ginn for an excellent report.
April 15, 2002 Vol. 37, Page 357
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Daphne Shapiro, Manager, Plaza North Shopping Center, Petaluma -Shopping
Center was big mess after fireworks last year. Property loss not only cost incurred. Cost
to prevent repeat of last year's activities: Lights and sprinklers on all night, hire security,
hand sweep entire parking lot because debris damages street sweepers, obtain liability
coverage. Is happy for enforcement but is it enough?
Brian Petroe, Petroe Family Fireworks, Petaluma, family selling fireworks in Petaluma
32 years. Thanked Fire Marshal for proposal -they are behind it. There is some code
adoption tweaking - Mr. Ginn working with them. Doesn't. have a personal objection to
fee increase, but nobody has asked retailers. Distributors have taken liberty of speaking
for retailers. Thinks those who are caught with illegal fireworks should be charged $500
-would be revenue generating.
Steve Heggerty, President, Petaluma Pop Warner. Was not approached regarding fee
increase. Has 700 kids in Petaluma Pop Warner each year. Struggle for money. Knows
there is a problem with illegal fireworks. Encourage implementation of program, but is
unfortunate City "taking money away from kids." Catch-22. Find money somewhere
else.
Councilmember Maguire asked the typical profit per booth.
Mr. Heggerty replied about $8,000..
Councilmember O'Brien asked Mr. Ginn if the ordinance to be introduced at the May 6th
Council Meeting had fines for illegal fireworks built into it.
Mr. Ginn replied illegal fireworks regulated by state law. If City writes local citations, City
Attorney has to represent City. If left to state law, district attorney represents.
Councilmember O'Brien asked if City stepping up enforcement and increasing fines,
could portion be rebated to booth owners? Non-profits?
Mr. Ginn explained City must get convictions first -and will be lucky to get convictions
'/2 of time.
Vice Mayor Healy thought Councilmember O'Brien was on right track -that might be a
way to make less painful. He complimented Chief Albertson and Mr. Ginn on report. He
thinks non-profits should view City as "guarding the goose that lays the golden egg." It
would only take one bad incident to lead City to ban fireworks forever. This is a way to
prevent that from happening. He did ridealong last year with Petaluma Police and
subject came up. Officer said on July 4th driving around following up on calls re illegal
fireworks -squad cars show up -illegal fireworks suddenly disappear. Must be sneaker
than that. Even if this hurts non-profit budget in short run, will help them in long run.
Councilmember Maguire stated this is not `faking money away from kids" -but being
responsible about risk brought to community. Rather be safe than sorry. As long as
Vol. 37, Page 358 April 15, 2002
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there are any fireworks for sale in City, it will be hard to get convictions for illegal
fireworks.
Motion to adopt Resolution 2002-065 N.C.S.. M/S Maguire/O'Brien
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING
RESO.2002-066 N.C.S.
GENERAL PLAN AND THE CORONA/ELY SPECIFIC PLAN AMENDMENTS
Discussion and Possible Action Regarding a Recommendation from the Planning
Commission to Approve a Resolution Amending the 1987-2005 General Plan and
the Corona/Ely Specific Plan to replace "the swoop"on Sonoma Mountain Parkway at
Corona Road, as depicted in the Corona/Ely Specific Plan, with a "roundabout." The
proposed amendment was submitted by the applicant for the Traditions Subdivision
based on direction from the City Council.
Phil Boyle, Assistant Planner, Community Development Department, presented the staff
report. He noted one correction on attachment 1, page 4, condition 11 C: "include raised,
colored sidewalks" should be changed to "distinctive colored sidewalks." Design will be
reviewed by SPARC.
Consultant Alan Tilton drew attention to item 12 on the resolution: Prohibition of trees on
roundabout. He thought excessive and agreed with Mr. Boyle that with appropriate
design, SPARC and Tree Committee review, and input from landscape architects -can
have abetter-looking project.
Councilmember Maguire asked if Mr. Tilton was suggesting Council eliminate item 12
from the resolution.
Mr. Tilton clarified only the "no trees" requirement.
Councilmember Maguire thought trees important. They can be "limbed up" sufficiently
that they do not impair visibility.
Councilmember Torliatt likes trees -but thinks visibility is an issue. Thinks this is huge
opportunity for "gateway" with public art reflecting local history. A March study of safety
features included ways to make roundabouts safer. She would like SPARC to have
copy of this when looking at design. Second, one condition of approval looks at
bike/pedestrian path (especially pedestrian) all the way around the roundabout -latest
landscape plans do not reflect that. She does not like to encourage yield signs.
April 15, 2002 Vol. 37, Page 359
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Councilmember Maguire thought having vehicle in circle yield didn't work -vehicle
entering circle should yield instead.
Councilmember Torliatt thought this should be looked at further.
Councilmember O'Brien thought the design should be left to the experts rather than
SPARC or Council. This is very specialized construction.
Councilmember Maguire thought roundabout not ideal place for public art because
people will not congregate there. Suggested taller, slimmer trees.
Mr. Tilton stated that last year Federal Department of Transportation published a design
guide for roundabouts. Suggested incorporating language in resolution to give guidance
on signage, landscaping recommendations.
Councilmember Maguire asked Mr. Tilton to respond to question of bike and pedestrian
access on all sides.
Mr. Tilton noted that Conditions of Approval require walkway all the way around,
although not shown on drawing.
Councilmember Torliatt thought project boundaries on Corona Road unclear. Would like
pedestrian access on north side of Corona Road on both east and west. side at project
boundary.
Councilmember Moynihan saw four points built in by Pedestrian/Bicycle Advisory
Committee and thought issues were being addressed. Motion to adopt Resolution
2002-066 N.C.S. M/S Moynihan/O'Brien
Councilmember Maguire asked Councilmember Moynihan to amend his motion to
remove "prohibition of trees."
Vice Mayor Healy agreed with Councilmember Maguire.
Councilmember Moynihan amended his motion to remove "prohibition of trees."
Councilmember O'Brien amended his second.
Councilmember Cader-Thompson liked the idea of public art. She cautioned that some
species of tree give a perception of a barrier. Would like to see public access on entire
perimeter of project.
Councilmember Torliatt asked if amended motion included pedestrian improvements on
the north side of Corona Road to the east .and west, not just landscaping?
Mayor Thompson thought that would mean providing pedestrian access where there
was nowhere for a pedestrian to go.
Vol. 37, Page 360 April 15, 2002
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Councilmember Torliatt explained that it would make the project more connective going
toward McDowell Boulevard and out Corona Road.
Vice Mayor Healy asked who would be responsible for maintaining landscaping.
Mr. Boyle explained there would be a Landscape Assessment District (LAD) for the new
subdivision.
Councilmember Moynihan wanted the Parks and Recreation Department involved in the
landscaping design. He thought it was not incumbent on the applicant to provide
bicycle/pedestrian access except for in circle.
Councilmember Cader-Thompson thought when the project was finished people would
ask why City did not improve section from roundabout to McDowell. Any improvements
to help make area safer should be made.
Vice Mayor Healy would accept inclusion of appropriate landscaping for those portions
of Corona both east and west of traffic circle where it has to be reconstructed.
Councilmember O'Brien read from the Planning Division Project Referral (attachment
five), which referred to "industry standards" requiring pedestrian/bicycle access. He did
not think requirement needed to be included in resolution.
Mayor Thompson thought Council consensus was that it be spelled out.
Councilmember Moynihan thought Council was asking applicant to improve property
that was not under their control or in their ownership.
Vice Mayor Healy called for the vote:
AYES: Moynihan, O'Brien
NOES: Cader-Thompson, Vice Mayor Healy, Maguire, Mayor Thompson, Torliatt
ABSENT: None
ABSTAIN: None
Councilmember Maguire summarized that changes are to include: eliminate `prohibition
of trees" and include bike/pedestrian access all the. way around and sidewalk along the
north side of the portion of Corona Road that must be reconstructed.
Motion to adopt Resolution 2002-066 N.C.S. M/S Maguire/Cader-Thompson
AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Br.ien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
April 15, 2002 vol. 37, Page 361
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RESO. 2002-067 N.C.S.
RESIDENTIAL PARKING AREA
Discussion and Consideration of Establishment of a Residential Parking Area as
Permitted Under Petaluma Municipal Code Section 11.44.140 on the Residential Side of
`F' Street from 8th to 11th Streets.
Finance Director Bill Thomas presented staff report. Captain Shirley Miller of the
Petaluma Police Department explained Police recommendation is to deny request, as it
would cause parking problems in adjacent areas.
Councilmember Maguire asked if possible to use parking lot of McNear Elementary.
Captain Miller did not know. Received a-mail from original petitioner -having read report
of Traffic Committee agrees it is not fair to push problem off to surrounding areas. City
Council received two petitions: One from area. property owners requesting residential
permit parking; another from users of park (and some area residents) requesting no
permit parking requirements.
Clare Monteschio, Petaluma, representing those asking for parking district. Did not
think it would be pushing problem somewhere else. Just asking for shift of
demographics. Constantly have people parking in, across driveways, or in front of
fireplugs. Can't have garage sales. Did not know use of park would go up so
dramatically and that City would have no more money to buy more parkland. Question
safety of grandstand -dry rot and fungus damage -exposed wires. Not one bus route
going to park. No bike rack in park. Shared parking at McNear School - at least 30
spaces could be used. Complaint about Traffic Committee handling of issue. Did not
find out they denied request in January until she met with Bill Thomas in April.
Steve Kirk, Petaluma, one of signers of petition. Made sense to him when he signed it.
However, after having thought about it -decided he made wrong decision. More
important to have park open to all citizens. Park has been there a lot longer than he.
City doesn't have enough park space. Answer not to take away parking spaces. Need
bike rack, bus routes.
Marge Flodapp, Petaluma, petition shows McNear Park Neighborhood Association in
support of permit parking. Not officially supporting it because it didn't come back to
association for vote nor did they see language. Agrees with Traffic Committee
recommendation. One of signers has sold home and is moving, one has died, and two
live in overflow area. She has lived there 35 years; has never seen an accident occur
related to turning in or out of 11t" street. By 7:00 p.m., park users have left and there is
no one on street but residents.
Geri Olson, Petaluma, concerned with traffic migrating over to `G' Street. Already
impacted by traffic. Would be needless use of Police services. Would renters have
Vol. 37, Page 362 April 15, 2002
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resources for parking permits? Very self-serving. Creates burden on rest of
neighborhood. Signed petition without thinking -asked later to have name removed -
noticed when it came in mail it was still there. Nice we have park to share. Should
practice tolerance.
Bob Effisimo, Petaluma, asked if City could look into parking at McNear School.
Gail Calvelco, Petaluma, supported permit parking. Intersection by her house is
dangerous. Narrow street and people park in front of hydrant: Permit parking would start
at 4:00 p.m. - so residents could. come home from work and find place to park. Asked
Council for support on this and support for traffic calming.
Cindy Myers, Petaluma, opposed to request -but does have a lot of sympathy for
neighbors on 'F' Street. Traffic congestion bad.. Sergeant Lyons in his memo pointed out
some houses have NO off-street parking. There IS parking problem in neighborhood -
but can't solve it piecemeal -this would compound rather than abate problem. Look for
win/win solution instead.
Sigrun Seifert, Petaluma, if people not allowed to park near park will spill over into her
neighborhood. Potential safety issue if parents have to park away from park and walk to
park -kids could run ahead and into street. Could street be one-way? Diagonal parking?
Cynthia Rupprecht, Petaluma, opposed to request. Collected fifty signatures. Does not
believe this is solution -parking will overflow into other neighborhoods. Times permits
would be required would make ball game parking impossible. People buying in
neighborhood knew park was there at time.
George Mueller, Petaluma, thought request was "N/MBYism in the most Yuppie Way."
Thought Police Department report made sense. Requiring permits to park would be
unfair.
David Rabbit, Petaluma, lives across from park and loves to see all the activities -
thinks park should be used more, not less. Youth sports need all the support they can
get. There are not enough places for kids. Park needs to be accessible to all.
Angela Dowd, Petaluma, in favor of permit parking. Sees safety issue -not enough
places. to park, and can't get in and out of her driveway. City did not plan for enough
parks. City has obligation to citizens.
Vern Hodapp, Petaluma, stated about a year ago, neighborhood asked for stop signs
or speed bumps.. They got a stop sign on the one dead-end street. Need stop signs
going in other direction to slow down traffic coming through the side of the park.
Vice Mayor Healy said he would not. support parking district for variety of reasons. It is
important to have a substantial majority in favor -and neighborhood appears to be
pretty evenly split. He hopes the Police Department will be sending out Parking
April 15, 2002 Vol. 37, Page 363
1 Enforcement Officers more frequently to check on parking violations. Agreed with Police
2 opinion that this would just move problem. Would support bike racks. Comments that
3 came out about the Traffic Committee should be heard - he has heard in past that
4 people have not been noticed. Council will be seeing requests of this nature in the
5 future, particularly in neighborhoods downtown where some parking will be going away.
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7 Councilmember Cader-Thompson started out thinking she might support issue, but has
8 decided not to. Would like to include bike racks. Thought diagonal parking idea
9 interesting, and asked Police Department to look into. Does not support stop signs -but
10 perhaps table tops for traffic calming. How will City pay for this? Lots of neighborhoods
11 with same situation. Encouraged citizens to participate in General Plan process. How
12 can we move forward with some solutions?
13 ~ ~;
14 Councilmember Maguire agreed with Vice Mayor Healy and Councilmember Cader-
15 Thompson. This is price we pay for having too many cars and being too reliant on them.
16 Came in thinking parking district might be good, but changed mind. Problem one of
17 enforcement. Step up enforcement, especially during ball games. If someone parks
18 across driveway, property owner should be able to call Police Department and get a
19 quick response. Would like staff to call McNear School regarding parking lot availability.
20 Diagonal parking has potential. One person has property with NO off-street parking.
21 Maybe City could give a single slot on permit basis for that.
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23 Councilmember Torliatt agreed with others. School parking lot good idea. No parking in
24 front of hydrants needs enforcement. She is not a proponent of stop signs -but perhaps
25 one needed at `F' at 11 t". Cautioned residents: Regarding stop signs, be careful what
26 you ask for. Stop signs lead to lots of people burning rubber. She liked seeing a
27 neighborhood take ownership of park.
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29 Councilmember Moynihan thought enforcement, bike. racks needed. McNear School
30 used for a lot of youth sports. He has seen competing parking demands between
31 park/school. School closes parking lot at night and may not want to stay open
32 nights/weekends. May also have liability issue. Suggest staff request baseball coaches
33 encourage game attendees to be courteous about how and where they park.
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35 Councilmember Cader-Thompson thought it would be easier if the neighborhood
36 approached the school district regarding parking at McNear School.
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38 Motion to adopt Resolution 2002-067 N.C.S. ®enying Request. M/S Cader-
39 Thompson/Maguire
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41 AYES:
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43 NOES:
44 ABSENT:
45 ABSTAIN
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Cader-Thompson,
Mayor Thompson,
None
None
None
Vice Mayor Healy, Maguire, Moynihan, O'Brien,
Torliatt
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Vol. 37, Page 364
ADJOURN
April 15, 2002
The meeting was adjourned at 10:00 p. m.
ATTEST:
E. Clark Thompson,. Mayor
Claire Cooper, Clerk Pro Te
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