HomeMy WebLinkAboutCity Council Minutes 09/05/2000September 5, 2000
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2 City of Petaluma, California
3 Minutes of a Regular
4 City Council Meeting
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Vol. 35, Page 201
Tuesday, September 5, 2000
Council Chambers
12 The Petaluma City Council met on this date at 6:30 p.m. in the Council Chambers..
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14 ROLL CALL
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16 PRESENT: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Torliatt
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18 ABSENT: Mayor Thompson
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2 0 PUBLIC COMMENT
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23 None
24 CLOSED SESSION
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26 City Attorney Richard Rudnansky announced the following items to be considered during
2 7 Closed Session.
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29 CONFERENCE WITH LEGAL COUNSEL, Anticipated Litigation, Significant Exposure to
3 0 Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9(b) (1 Matter).
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32 CONFERENCE WITH LEGAL COUNCIL, INITIATION OF LITIGATION, Pursuant to
33 Subdivision (c) of Government Code § 54956.9 (1 Potential case).
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3 5 ADJOURN
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37 The meeting was adjourned at 7:00 p.m.
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Vol. 35, Page 202
September 5, 2000
1 RECONVENE
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3 The meeting was reconvened at 7:15 p.m.
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5 ROLL CALL
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7 PRESENT: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Torliatt
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9 ABSENT: Mayor Thompson
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11 REPORT OF CLOSED SESSION
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13 Vice Mayor Torliatt noted that no reportable action was taken on Closed Session items.
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15 PUBLIC COMMENT
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17 Vince Landof, 12 Cordelia Drive, spoke in favor of the Council's position on Amendment
18 11, asked the City Manager to draw up a document that explained/documented the
19 expenditures of the $32.4 million, and provide it to the press and, the public regarding the
2 o flood project.
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22 City Manager Fred Stouder referred to a document submitted to the Council in February
23 and offered to meet with Mr. Landoff to answer his questions individually.
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2 5 Terence Garvey, 83 Maria Drive, spoke in opposition to inflammatory comments against
26 the Manager of the Sonoma County Water Agency (S.C.W.A.) and addressed
27 responsibilities about conservation concerns.
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29 Scott Vouri, 1557 Mauro Pietro Drive, spoke regarding Santa Rosa City Council Action re
3 0 Petaluma's request for an extension on signing Amendment 11 and noted it would come
31 back for discussion to the Council on September 12 at their regular meeting to take place
32 at 4:00 p.m.
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3 4 Steve Block, 19 Warrich Court, spoke regarding Santa Rosa City Council Action in support
3 5 of Petaluma's ninety-day extension and facilitation of a regional water summit.
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37 Hank Flum, 1721 Stonehenge Way, spoke regarding the Animal- Shelter design and
38 planned improvements and provided an alternative design that could be built within the
3 9 budget.
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41 Geoff Cartwright, 56 Rocca Drive, spoke regarding the floodincl problem in the area and in
42 opposition to further development in the floodplain.
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46 COUNCIL COMMENTS
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September 5, 2000
Vol. 35, Page 203
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2 Council Member Hamilton supported Hank Flum's request and noted it would take a-bit of
3 time to get a response.
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5 Council Member Keller noted a subcommittee of the Council may not be able to meet with
6 County Board Members in time to meet for the scheduled Thursday, September 7 Council
7 meeting.
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9 Vice Mayor Torliatt announced that Kenilworth Jr. High School was for sale and the City
1o Hubbub Group will meet for a community input session for design and use of the property.
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12 AGENDA CHANGES. ADDITIONS, AND DELETIONS
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14 Vice Mayor announced that Consent Calendar items were moved to be heard after Agenda
15 Item 14; items 3 and 6 were removed from Consent for Council discussion under
1'6 Unfinished Business and:
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19 9. (REMOVED) Resolution Granting the City Manager the Authority to Sign the
2 o Second Cooperative Agreement for Countywide Procurement of Computer Assisted
21 Dispatch/Records Management Systems and Mobile Data Communications
22 (CAD/RMS/MDC). (Parks)
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24 10. Report Regarding Status of Payran Project and Discussion and Possible Direction
25 Regarding Payran Flood Management Project Financing and Budget.
2 6 (Hargis/Stouder) -Verbal Report
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28 15. (ADDED) Status Report, Discussion and Possible Action on 11t" Amended
29 Agreement for Impaired Water Supply and Memorandum of Understanding
3o Regarding Water Transmission System Capacity Allocation During Temporary
31 Impairment and Operating Procedure for South .Petaluma Aqueduct/Operational
32 Memorandum of Understanding. (Hargis/Simmons)
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34 REMOVED - NO UPDATE TO PROVIDE and/or continued to a date uncertain.
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36 UNFINISHED BUSINESS
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38 14. Petaluma Valley Baptist Church:
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40 A. Resolution Adopting a Mitigated Negative Declaration for the Proposed
41 Petaluma Valley Baptist Church .Expansion Located at 580 Sonoma
42 Mountain Parkway, APN 136-120-075;
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44 B. Introduce Ordinance Rezoning a 3.31 Acre Parcel at 580 Sonoma Mountain
45 Parkway, APN 136-120-075., From Planned Community District (PCD) to
46 Planned Unit District (PUD);
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Vol. 35, Page 204
September 5, 2000
C. Resolution Adopting PUD Development Standards for the Petaluma Valley
Baptist Church at 580 Sonoma Mountain Parkway, APN 136-120-075.
(Borba)
Council Member Healy asked if the Planning Commission had been given the
privilege of Counsel's advice.
Ms. Borba replied she didn't think that had happened.
Council Member Keller inquired about recent church developments in the
community and asked if they had any time restrictions.
Ms. Borba replied no.
PUBLIC COMMENT
Applicant's spokesperson Charlotte Wardlow provided background about the
development, a status report of the work in progress; and a review of planned
improvements.
David McCarthy, 1745 Rosamond Street, spoke in opposition to City Management's
recommendation and noted that his concern was one of noise.
Eric Marston, 1753 Rosamond Street, stated that he lived in the house located on
the north side of the alley and was concerned about the noise from church activities.
He asked that the members of the church put themselves in the position of the
neighbors in the community.
Richard Gain, 2132 Willow Drive, was surprised about time restrictions being placed
on the church for the hours of operation. There were ordinances that addressed
noise levels. He spoke in support of no restrictions for the property.
Clare Monteschio, Planning Commissioner, spoke regarding the Planning
Commission's decision and provided information and asked the Council to uphold
the Commission's decision.
Council Member Healy asked if the Commission had been given the benefit of legal
counsel regarding their decision.
Ms. Monteschio replied no.
Dorothy Morris, St John's Episcopal Church, 533 Albert Way, spoke in support of
not limiting time or use at the Petaluma.. Baptist Church as it.could set a precedence
for other congregations; she urged the Planning Commission to show respect for
religious organizations for the betterment of the community.
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September 5, 2000
Vol. 35, Page 205
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2 Kevin J. Blakesley, 95 Alta Drive, spoke in support of the church's mission.
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4 Pastor Carl K. Young, 288 Ely Boulevard South, provided a background of the
~, 5 church's development and spoke in support of City Management's recommendation.
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7 Tom Marcum, Senior Pastor of the Petaluma Valley Baptist Church, 1446 Dandelion
8 Way, spoke in opposition to subservient community good by a handful of people for
9 a handful of people, a process that did not reflect the community's interest.
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11 Brad W. Dacus, Esq., Pacific Justice Institute, POB 4366 (95610) - 9845 Horn
12 Road, provided some legal insights into decision-making.
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14 PUBLIC COMMENT CLOSED
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16 Council Member Keller wanted the church to reduce off-flow of water from the roof
17 and parking lot.
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19 Ms. Borba clarified it was not a conditional use permit; it was a change of zoning.
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21 Mr. Rudnansky replied that City Management could bring back, as an amendment,
22 an action to rezone the property.
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24 MOTION: Council Member moved Maguire, seconded by Keller to adopt a
25 Resolution Adopting a Mitigated Negative Declaration for the Proposed Petaluma
2 6 Valley Baptist Church Expansion Located at 580 Sonoma Mountain Parkway, APN
27 136-120-075; and a Resolution Adopting PUD Development Standards for the
2 8 Petaluma Valley Baptist Church at 580 Sonoma Mountain Parkway,. APN 136-120-
2 9 075.
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31 Introduced [Read title of -First Reading] Ordinance Rezoning a 3.31 Acre Parcel at
32 580 Sonoma Mountain Parkway, APN 136-120-075, From Planned Community
33 District (PCD) to Planned Unit District (PUD)
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35 AMENDMENT
3 6 AUGMENT: It was agreed by a the consensus of the council that the Planning
37 Department initiate/facilitate neighborhood and church outreach for ongoing
3 8 community discussion meetings, every six months after the certificate of occupancy
39 for buildings was issued and then annually, for two years from date of occupancy,
40 improve density of the landscaping; light shields, and upheld there was no
41 restrictions for use or restriction of time.
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43 Council Member Keller reiterated that City Management needed to identify key
44 personnel with the Community Development Department to receive training in
45 remediation processes and incorporate a remediation process for disagreements
4 6 such as this and the recent Carriage House, Smith/Dranit appeal.
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Vol. 35, Page 206 September 5, 2000
MOTION
PASSED: 6/0/1 (Mayor Thompson absent)
RECESS: 9.15 p.m.
RECONVENE: 9:25 p.m.
CONSENT CALENDAR
1. Resolution Approving the Issuance of Tax Allocation Refunding Bonds Relating
to Refunding of Bonds Issued for the Petaluma Central Business District Project.
(Marangella/Stouder)
2. Resolution Approving Claims and Bills. (Thomas/Cornyn)
4. Resolution Approving Salary and Supplemental Wage Benefits for the Employees
in Unit 8 (Department Heads). (Acorne)
5. Introduce Ordinance Authorizing Purchase of Real Property, Mosquito Abatement
Building, 556 N. McDowell Boulevard. (Beatty)
7. Resolution Declaring Scrapped Water Meters as Surplus and Authorizing the
City Manager to Dispose of the Water Meters. (Simmons/Brady)
8. Resolution Accepting Resignation of Louise Leff from the SPARC Committee.
(Kline)
Council removed items 3, 6 from Consent Calendar to discuss and possible take
action on under Unfinished Business.
MOTION: In a motion made by Council Member Maguire, seconded by Keller,
Consent Calendar Items 1,2,4,5,7, and 8 were approved.
MOTION
PASSED: 6/0/1 (Mayor Thompson)
UNFINISHED BUSINESS
3. Resolution Authorizing City Manager/Mayor to Sign Memorandum of Understanding
(MOU) to Participate in the North Bay Watershed Association (NBWA). The
NBWA Would Consist of Interested Local Governmental Entities Within the
Watershed of San Pablo Bay, Joining to Facilitate Partnerships Across Political
Boundaries to Promote the Ecological Vitality of the Uatershed. The Proposed
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September 5, 2000 Vol. 35, Page 207
1 Dues are $5,000 Annually Plus One to Two Hundred Hours of Senior Management
2 Time Per Year. (Hargis)
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4 Council Member Healy wanted this brought back in a year he had no problem with
5 the dues but expressed concern about the amount of City Management time it
~' 6 would take to participate,.
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8 Vice Mayor Torliatt advised that she was to bring an item to Council regarding
9 Petaluma's Watershed asking Council to support to establish a local Council
10 governing body that especially addressed local watershed issues and the Petaluma
11 River. She favored the Council looking at more local issues. She questioned who
12 the representative was and asked the Council's pleasure.
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14 Council Member Healy expressed that it should be a City Management
15 representative unless it took too much time.
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17 Council Member Keller expressed the importance of the Council being advised of
18 policy-making decisions.
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2 0 Council Member Cader-Thompson agreed.
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22 Vice Mayor Torliatt echoed Keller's comments that policy-making items needed to
23 keep Council apprised.
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25 Council Member Maguire suggested bringing the item back to Council for an
2 6 appointment.
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28 MOTION: Council Member Maguire moved, seconded by Cader-Thompson to
29 adopt a Resolution Authorizing City Manager/Mayor to Sign Memorandum of
3 0 Understanding (MOU) to Participate in the North Bay Watershed Association
31 (NBWA). The NBWA Would Consist of Interested Local Governmental Entities
32 Within the Watershed of San Pablo Bay, Joining to Facilitate Partnerships Across
33 Political Boundaries to Promote the Ecological Vitality of the Watershed.
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3 5 MOTION
3 6 PASSE®: 6/0/1(Mayor Thompson absent)
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38 6. Resolution Allowing Adobe Lumber, Located at 5400 Old Redwood Highway,
39 Nonresidential Outside Sanitary Sewer Service Due to Failed Septic System.
40 Sewer Main Would be Extended From Redwood Way to Subject Property at
41 Owner's Expense. (Moore/Spaulding)
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43 The majority of Council agreed this property needed to be reviewed for various
44 impacts, such as, where the next lumber company would be located in the
45 community and zoning changes that may impact rail transportation, prior to the
46 General Plan review and that the fill [25,000 acre yards of infill] be removed.
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Vol. 35, Page 208
September 5, 2000
Mr. Spaulding noted that Resolution 89-68 N.C.S. primarily addressed residential
use; this property was zoned commercial, i.e. non-residential use and was on a well.
He added the sphere of influence was the UGB
PUBLIC COMMENT
Council Member Maguire suggested getting an appraisal to see how much the City
would be improving the value for applicant and ask the applicant to surrender that to
the City.
John Cheney, 55 Rocca Drive, spoke in opposition to allowing Adobe Lumber
Nonresidential Outside Sanitary Sewer Service due to failed septic system.
Geoff Cartwright, 56 Rocca Drive, spoke in opposition to allowing Adobe Lumber
Nonresidential Outside Sanitary Sewer Service due to failed septic system, remove
fill, have the perc tests; they were adding to the flooding problem.
Bob Martin, 171 Payran Street, spoke in opposition i:o allowing Adobe Lumber
Nonresidential Outside Sanitary Sewer Service due to failed septic system.
Vince Landof, 12 Cordelia Drive., spoke in opposition to allowing Adobe Lumber
Nonresidential Outside Sanitary Sewer Service due to failed septic system.
Rick Savel, Penngrove Area Plan Committee, P. O. Box 881, Penngrove stated that
should this property be approved for industrial use in the future, his committee
would like to review the traffic studies associated with the approval.
Council Member Healy suggested proceeding to annex the property into the City,
have the City in control of the property, and noted his concerns about the health
and safety issues.
Council Member Keller wanted a list of items addressed by Council Member
Hamilton, annexation, rezoning, land use; he was not cc>nvinced the applicants had
no other options.
Community Development Director Mike Moore summarized that he understood the
direction from Council was that City Management come back with a broader look at
solutions for the property and that Mr. Wick had agreed.
Council Member Maguire wanted the applicant to fix the problem; if it was going to
come to this Council for approval, the fill was on the table; he wanted a quid pro quo _
on this item.
Council Member Keller wanted it done first: The fill needed to be removed before a
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September 5, 2000 Vol. 35, Page 209
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2 hook-up was approved. He asked for direction from City Management on how
quickly this could move forward.
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4 Council Member Maguire wanted an independent analysis to review the County's
5 approval process.
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7 NO ACTION TAKEN.
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9 NEW BUSINESS
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11 13. Request of Burbank .Housing Development Corporation for the City Council to
12 Vacate a Portion of Payran Street Right-of-Way for .Old Elm Village.
13 (Moore/Spaulding)
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15 John Morgan Burbank Housing Development Corporation 30810th Street, offered a
16 modification; he needed more money. At the time, City Management advised they
17 could do a vacation easement at no cost and they were now asked to pay $140K to
18 buy the right-of-way. He wanted this given as a grant.
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2 0 Geoff Cartwright, 56 Rocca Drive, expressed concern that the narrowing of Payran
21 Street would exacerbate traffic problems during flooding as it was the only escape
22 route for the 200 homes in the Linda Del Mar subdivision.
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24 Vince Landoff, 12 Cordelia Drive, asked Mr. Burbank what use would be made of
25 the approximately 20'-wide dirt strip alongside the paved road on Payran.
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27 Mr. Burbank replied that it would be made available for emergency parking.
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29 MOTION: Council Member Maguire moved, seconded by Healy to approve the
3 o Request of Burbank Housing Development Corporation for the City Council to
31 Vacate a Portion of Payran Street Right-of-Way for Old Elm Village for the sum of
32 $1.00 and Counsel was to verify this was acceptable practice due to the benefit to
33 the public.
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35 City Attorney Rich Rudnansky noted that Mr. Morgan had indicated that Burbank
3 6 Housing was not anon-profit agency.
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3 8 After further discussion with Mr. Morgan and various Council members, an
3 9 amendment to the motion was made and seconded as follows:
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41 MOTION
42 AMENDED: Council Member Maguire amended the motion, seconded by Healy to
43 approve the Request of Burbank Housing Development Corporation for the City
44 Council to Vacate a Portion of Payran Street Right-of-Way for Old Elm Village. The
45 appraised value of the right of way was to be secured by the property and would
46 bear interest at three percent to accrue from date not specified], payable upon
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Vol. 35, Page 210
September 5, 2000
1 completion of federal requirements or upon sale, whichever came first.
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3 MOTION
4 PASSED: 6/0/1 (Mayor Thompson absent)
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6 11. Resolution Authorizing City Manager to Execute Professional Services Agreement
~ with Hilton Farnkopf '&Hobson for Preparation of the Water and Wastewater
8 Revenue Program Studies. (Ban)
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10 MOTION: Council Member Keller moved, seconded by Maguire to adopt a
11 Resolution Authorizing City Manager to Execute Professional Services Agreement
12 with Hilton Farnkopf &Hobson for Preparation of the Water and Wastewater
13 Revenue Program Studies.
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15 Council Member Keller wanted independent analysis of the cost of Amendment
16 11/12 included.
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18 Vice Mayor Torliatt asked that City Management include costs for filling the City's
19 increased storage needs.
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21 Council Member Cader-Thompson asked if the City had considered high water
22 usage customers and how their costs would change.
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2 4 MOTION
2 5 PASSED: 6/0/1 (Mayor Thompson absent)
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27 12. Discussion and Possible Action on Approach to Evaluating Alternatives for the
28 Water Recycling Facility. The Approach Considers Life-Cycle Costs,
2 9 Sustainability and Environment, Neighborhood Quality„ Community Amenities and
3 o Wastewater Treatment. (Ban)
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32 PUBLIC COMMENT
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34 Vasco Brazil, 4551 Lakeville Highway, referred to City of Petaluma, California Water
3 5 Recycling Facility Project Results of Value Engineering Workshop prepared by
3 6 Carollo Engineers and presented at a public forum at the Community Center on
37 June 14, 2000. He felt this report was long overdue and should have been
3 8 presented to the public before the forum. He wanted City Management to
3 9 reconsider the Hopper Street site. He stated that Brazil Ranch provides one of only
40 two remaining unimpeded views of the Petaluma Nlarsh, and this should be
41 protected.
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43 NO ACTION TAKEN
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46 ADJOURN TO CONTINUATION OF CLOSED SESSION
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September 5, 2000
Vol. 35, Page 211
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2 The Council adjourned to the continuation of closed session at 11:05 p.m.
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4 PUBLIC COMMENT
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6 None
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8 City Attorney Rich Rudnansky announced the following item, continued from the earlier
9 Closed Session on this date, would be addressed during Closed Session at this time:
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11 CONFERENCE WITH LEGAL COUNSEL, Anticipated Litigation, Significant Exposure to
12 Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9(b) (1 Matter).
13
14 ADJOURN
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16 City Attorney Rich Rudnansky announced that no reportable action was taken on the
17 Closed Session item.
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19 The meeting adjourned at 11:10 P.M.
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2 3 E. Clark hompson, Mayor
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25 ATTEST:
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2 7 i7t/
U Beverly J. Kline, City Cler
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