HomeMy WebLinkAboutCity Council Minutes 07/17/2000July 17, 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 91
Monday, July 17 2000 .
Council Chambers
10 The Petaluma City Council of the City of Petaluma met on this day at 3:00-prim. in the
11 Council Chambers.
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13 .ROLL CALL
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15 Present: Caller-Thompson (arrived at 3:'10 p.m.) Hamilton, Healy;' Keller, Maguire,
16 Thompson., Torliatt . ' ~,
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18 Absent: None
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20 PUBLIC COIIIIiVIENT
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22 Sonoma CountylNater Agency Water Conservation Specialist Lynrr Hulme invte:d•the
23 Council to see an Evapotranspiration, (ET) satellite controller and speak with its inventor,
24 owner of the locally owned. business, Network Services Corporation, Michael Marian, who
2 5 was present. A computer chip in the irrigation controller received a weekly.~satellite signaF
2 6 with local ET information and automatically adjusted the irrigation schedule. She
27 presented Mayor Thompson, on behalf of the City, with a first place ribbon that the Water
28 Resources and.. Conservation bepartment with the help of the Sonoma County Water
29 Agency won. at the recent Sonoma-Marin~Fair;for the Best Indoor Commercial Display.
3 o Cross Connection Control Specialist Dave Spriggs spent many hours; putting the display
31 together with staffing the booth during.an' unbelievable heaf wave. The waterconservation
32 booth focused on drip irrigation and the .ultra-low-flush toilet.
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34 Network Services Corporation Michael Marian .added that the product that~they .had just
35 begun Shipping was a homeowner device: that allowed'the homeowner..~to`rnake one set of
3 6 adjustments°when firsfi,using the device: It was designed to calculate;the optimal irrigation
37 schedule, based. on a person's specific landscape, and subsequently would receive,
38 weekly, updates with weatherinformationthatatlows the device to adjust:. itself accordirig_ly:
3 9 The target price was $:150.00 and an .additional $3,.00 per month to obtain the weather
40 broadcast. Commercial .installation was currently not mailable; it would necessitate
41 redesigning or upgrading the device to have an outdoor casing, more stations (sp"ri'nkler°
42 valves), and added features to allow commercial-operators to contact the unit directly.
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44 Geoff Cartwright, 56 Rocca Drive, had attended the Community Forum on Land Use and
45 Transportation facilitated bythe Leadership ristitute for .Ecology and the Economy, where
Vol. 35, Page 92 July 17, 2000
1 he had addressed Petaluma's floodplain development; he was. opposed tb a_ny further
2 development in the floodplain.
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4 COUNCIL COMMENTS
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6 Vice Mayor Torliatt ,provided information regarding the recent Mayors" and Council
~ Members. dinner she had aftended and asked for Council's support fe declare September
8 23, 2OQO as. Russian 'River'Cleanup Day. She presented the City Clerk with a draft of, the
9 proclamation approved by the Town of Wihdsor.
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11 Council Me.mb:er Keller described arecent article in the Press Democrat as distorting the
12 facts, and "showing biased about the Payran Flood-Project.
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14 'i4GENDA CHAN:G'ES'. ADDITIONS, AfVD DELETIONS
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16 .None
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18 PRESENTATIONS
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2 o Quarterly Employee ,Service Recognition. Awards
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22 Twenty-five Years ..~
2 3 Police Chief Pat- Parks
2~4 Public Facilities and Services Engineering Technician I I Butch Smith
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26 Twenty'Years
2"7 Public Faclities¢and Services Lead Worker Randy Wyatt
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2`9 Ten' Years ~ .
3 0 Police Sergeant Tim Lyons
31 Public Facilities:and Services Custodian Robert Musso
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33 MINUTES
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3 5 October 18, 1-999.; November 15, 1;999 ;June 7, 20,00; June 8, 2000.
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37 Motion: ;Council Member Maguire moved,. seconded by 'Torliatt;, to approve. the
3 8 Minufes of October' 1~8, NoVernber ~15', 1999, and June.? and: 8, 200,0..
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4 0 Motion Passed:' 7-0
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42 CONSENT CALENDAR
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44 Item number 4. was removed from Conse.nt~by Vice. Mayor Torliatt~'fer discussion,.-and '
4;5 possible acfon under'IDNFINISHED BUSINESS.
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47 'Motion: In a motion ;made by Council Member Maguire,, s.~co.nded by Healy,.
July 17, 2000
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Consent Calendar items 1, 2, 3, 5 and 10 were adopted.
Motion Passed: 7-0
1. Resolution 00-115 N.C.S. Accepting Claims and Bills.
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Vol'. 35, Page 93
2. Resolution 00-11'6 N.C:S: Approving the Plans and Specifications prepared by
the Public Facilitiesand ~SerVices Department and Awarding the Contract for the
Phase 2 Cortez Drive Reconstruction (McKenzie Avenue to McNeil .Avenue)
and McKenzie Avenue, Coronado'®rive, Cortez Drive and McGregor Avenue
Storm Drain. Improvement.. Project: The Project Involves Reconstructing ~a
Deteriorated Street and lnstalling,,StormDrain `System to Alleviate Local Flooding:..
Estimated Project Cost: $463,5~57.~ Funding, Sources: $150,000 - FEMA; $73,00:0
Gas Tax; and $240,557 =Storm Drain Fees.
3. Reso.Iution 00-.11,7 N.C,;S. Accepting the Completion of the 1999-2000 Sewer Main
Replacement Project; West Street. ~B'etween Kentucky Street and Peta uma
Boulevard North: Final° Project Cost: $7q;000. Funding Source: Sewer Fund..
Contractor-: Pipeline .Excavators.
5. Resolution 0.0'-118 N.C.S. Setting Annual Assessment.. Costs for Assessment
®istricts.
10. Water Conservation Program (Hargis/Simmons)
A. Resolution 0,0=11.9 N.C-.S,`Authonzing Appropriation l9sing Revenue From
the Sonoma :County ~ Water .Agency for the City of Petaluma Water
.Conservation' Program for 2000/2001.
B. Resolution 00-1.20 N.C:S. Authorizing the City Manager to Enter into an
. Agreement for Funding and Administration of the Petaluma Water
' Conservation Program for 2000/2001 ~ with the Sonoma County Water
Agency.
- C Resolution 00=121 N.C.S. Approving a ProfessonaL Services Agreemenffor
~~" ~~ Furnishing Materials and. `Services, :for the City of Petaluma Residential
~~' Evapotranspiration (ET) Pilot Program with CTSI Corporation..
p. Resolution 00-122 N.C.S. Approving a Professional Services Agreement for
.Furni'shi'ng Materials and Services_ fore IVleasuring the Water Savings
Potential of Waterless Urinals, with Pacific Technology Associates:
E. Resolution 00-1.23 N.C.S. Approving a Professional Services Agreement~for
Furnishing Materials and Services for the Production of Water
Conservation Videos with the Council for Community Television.
Vol. 35, Page 94 July`17, 200.0
1 UNFINISFIED .BUSINESS
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3 4. Resolution 00-124 N:C.S:.Accepting the Completion ~of the. FAi4 AIP-10 Grant
4 Airport Projects and Authorizing the City Manager to Sign the AIP-10~ Grant
5 Amendment That; Increases the Grant Amount #rom $700,000 to $783,749:
6 (Skladzien%Beatty)
$ Vice Mayor To,rlatt :asked for clarifying 'language :;toy ':be adeled to: the resofut'o~n that
9 .addressed:
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11 • City,Management's research of ,the. total value of the,Cross Creek- property
12 -that was, dedicated #o the City;; and
13 • ,Afiter adetermination of that value, the.City~would deduct their 10%;share of
14 this grant from; the total value of the Cross CrE~ek Property and ,use the
15 remaining value to match funds for future grants. -
.Motion;- -Vice: Mayor Torliatt. moved; seconded, by Caller-Thompson to :adopt a
Resolution 0,0:-1.24 N.G:S. Accepting the Completion of the FAQ AIP-10
Grant;Airport'Projectsanll Authorizing the City Manager to Sign ;the AIP-
10 Grant.AmendmentThat„Increasesthe GranitAmount from'$70Q;000 to
$783,749' with the following clarification.
• City .Management's research of. the total value of the Cross Creek
property that was dedicated fo the City; a_nd . _
• After a determination ofthat value, the'City would dedu~t,their share
(the deeded property value) from t_he total value of the Cross Creek
.Property and use the remaining value to match funds for future
grants. :.
Motion Passed:. 7-,0
6. Resolution Ratifying the Memorandum ,of Understanding,~Ezecuted by the Duly
Authorized Representatives of the City of Petaluma and the Peace Officers' _
Association .of Petaluma for Employees of Unit 6 (P61ice). (Acorne)
7,. Resolution Ratifying the Memor,.andum of Understanding Executed by the Duly
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Authorized~Representativesof.the City of Petaluma and the:lnternational Fire
Fi liters Association
g ,Local 1415; for Employees of Unit 7 (Fire). (Acorne)
8. Resolution Ratifying the Memorandum of Understanding,Executed by the Duly
Authorized Representatives of'the City of'Petaluma and the,Puble Safety Midi-
Management Association for Employees of Unit. 10 (Public Safety Mid= ..
Management). (Stouder)
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Assistarit :City Manager presented the, staff report noted. that. there had been a
comprehensive review of these documents for the: first time in many °years: The: efforts
July 17, 2000 Vol. 35 Page 95
1 would help clarify issues that may arise in the future:. ~ _ _
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3 John Williams and Steve Johnson of the Police Departurenf'thariked GityManagement and..
4 Police Chief Parks. They had. entered into discussions focused on retirement benefit.
5 increase. They had heard-that CityManagemerit had indicated that an increase to Police
6 retirement benefits: was omething with which the City was not prepared. to agree at they
7 time. However, an agreement was readied without any formalized negotiation process.
8 ~.
9 Fire Captain Judd Cuenin, President of Fire. Fighters Union `Local 1415 stated that
1 o negotiations leading up to the ratification of the Merno.randum of Understanding for
11 Employees of UUnit 7 was very long -and sfrenuous. He was glad, it~had been completed.
12 He thanked City 'Management and everyone involved''in "the negotiations.
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14 Fire Department Battalion Chief Art Fanucchi, Representative of'the Public Safety and Mid-
15 Management Association for Employees of Unit 10, thanked the City Council and City'
16 Management, on behalf of the association, for the substantive ,and brief discussions'that
17 lead to resolution.
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19 Mayor Thompson thanked both Folice Chief .Pat Parks and Fire Chief Terry I<rout for their
2 0 outstanding contributions eading to the resolution of labor negations and discussions.
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22 Police Chief Fat; Parks noted that when they sat -.down at the fable, the association's
2 3 conduct and working relationship with City Managerent was nothing less than exemplary.
24 He commended the Council's openness to new concepts. He also acknowledged City
2 5 Manger Stouder"s compromises and his willingness to sit down and come to a meariin"gful
2 6 agreement, which led to exactly that in a very short amount of time.
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2 8 Fire Chief Terry Krout agreed with comments Chief Par"ks and. noted the Council's open
29 minds. and creativity towards the erld of a very difficult negotiation. He thanked the
30 Council.
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32 Mayor Thompson thanked City Manager Stouder and everyone else who was involved in
33 these historic five-year agreements. He was proud of both sides. He noted ~it had been
34 very difficult; very comprehensive, very lime-consuming, very detailed. He. thought the
35 Council had done a.great job..
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37 Council individually thanked everyone involved in these historic five-year agreements and
3 8 added that the organization could now' begin. to focus on other departmental growth. -and
3 9 development issues, rebuild their sense of"trust and that Council could .rebuild #heir sense
4 0 of confidence.
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43 Motion: Council.Member Maguire moved;. seconded by Torliatt to adopt the following
44 resolutions in the order of the agenda:
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46 ® Resolution 00-125 N.C.S. Ratifying the~:Memoranclum of Understanding
Vol. 35, Page 96 July 17, 2000
1 - Executed by °the. Duly Authorized' Representatives of .the. City of:
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2 Petal'ur~ia and :the Peace Officers' Association of Petaluma for
3 __ Employees of:~Unit 6; -
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5 :~ : ~®, . Resolution 00-126 N.CS.,Ratifying the Memorandum of Understanding
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~ _ Executed ~by the.. Duly Authorized Representatives of the. City of
8 Petaluma .and the International Fire Fighters Association-, Local
9 - -~ 1415;'for (Employees :of Unit: 7; and
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11 •: Resolution 00 1,27 N.CS. Ratifying°~the Memorandum of lJnderstanding
12 ~ :Executed by -the Duly Authorised Representatives of the. City of
13 Petaluma and the Public Safety Mid-Management Association for
14 E~mployees.:of Unit 10
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16 Motion Passed:- 7-0~ ~ -, :- . _
Clerk's Note: Council Member Cader-Thompson excused. herself at 3:30 p:m. to return to
work. ~ .. ,
11. Report Regarding; Status of Payran Project and iDiscussion and- Possible
Direction Regarding Payran Flood Management Project f=inancing and Budget:
(Hargis)
Water Resources and Conservation Q:irector Tom Hargis presented a verbal-update.on~the
U.S. Army Corps of Engineers project: The ,railroad. bridge had been under construction
over the past year; there 'had been no activity during th`e precious three 'weeks, as th'e
contractor had :completed all -the: work he could do for the abutments that. would, hold up
each side: ofi ,the railroad bridge'' .until the -environmental -winnow opened... That would.
happen during the week,and the contractor would'begin=building the cofferdam for;th-e one
center pier to .proceed with the construction of the' railroad bridge component., The-
trapezoidal channel project had continued: The focus had beec.~;on thetwo~,purnp,~stations;
the storm drain pump stations that took water during..high flows and pumped it ,into -the
River. There had been some removal of excavated materials to. Shollenberger Park; that..
was the dredging .disposal site.'There had been some. storm drain work but the contractor
had to wait until the environmental window opened this week'in order to continue:. The
work would. resume this week.
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Paul Marangella and Tom Hargis had just returned #rom a trip~tc~ Washngto_n:, D G„ where:
they continued topursue egislation~this;fall that would authorizea project; provide f,undi'ng;
reprogramming of~Cor,ps of Engineer funds should `they become available., dependent upon.
the authorization fowards the costs, of Payran Flood. MariagemE~nt Project. Mr. Marangella
was able to straighten outa misanderstanding thatwas costing~the City $3 million with one
of the members of one of the~su~b-committees involved. They.had'continued to. meet~with'
Congresswoman. Wo_olsey's aide, :and Senators Fenstein's and Boxer's aides. They had
been,meeting at the Pentagon,; the Army Secretary... Thereseemed to be confusion coming
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July 17, 2000
Vol. 35, ..Rage 97
1 from .Headquarters of the Corps, so theywere able to meet for the first time with there: and.
2 establish a point of contact with them for future communications.
4 Council Member Keller asked that Tobias Young of the Press. Democrat provide a
5 clarification of his article in the newspaper. The impression the article gave, and that had,
6 been reiferated'by several people, was that work atthe PayrarrFlood Management.Project.
7 had come to a halt. That was riottrue. The City had- not promised that the project would be
8 completed this season; it stated there -would be progress, and there continued to ~be
9 progress. The. bridge had .been
1 o included" in this year's calendar of events,• it would be done.. Financing for the completion of
11 the project was the work being done by City Management and City Council Members and
12 he added that was bei"ng worked on.
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14 Council., Member Healy questioned Mr. Hargis about the timing of the .legislation,.
15 authorization; and #unding.
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17 Mr. Hargis replied;thatit:was difficultto tell; itwascomplex. He had learned that without an
18 authorization for, the project, they could not make progress. Even if the Corps
19 reprogrammed funds this'':fall;'it was still contingent upon an authorization; he had heard
2 0 that this would happen in °September or October. As for funding, if successful with
21 appropriations; money~could be forthcoming in spring of 200;1 by way appropriations was
22 his understanding.. There would not be $15` million in one lump sum.; it may be spread out.
2 3 Therefore it -was important to use the word reimbursement when meeting with various
2 4 parties so the City did not;have to wait for the accumulation of the entire $15 million to "start.
2 5 the' project again: ~~ He reiterated that there could be different dates.
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27 Council Member"Healy asked if Mr. Hargis heard back from the Railroad about an
28 alternative route into fhe Dairymen`s Coop..
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3 o M.r: Hargis replied'no. He would follow-up with Golden Gate Transportation Authority's staff
31 during the week.
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33 Council Member :Hamilton asked Mr. Young to print a correction to the article he had
3.4 written.' She exp'resse'd that the article was misleading.
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3 6 Mc., Young replied that he would .stand by his source.
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3 8 Council Member .Hamilton asked him to print. a correction..or review the information and
39 discuss where he thought it was correct and the Council didn't.
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41 Mayor Thompson thanked Mr. Hargis, Mr. Marangella, and Mr. Stouder for all their trips to
42 Washington, D.C. and their efforts on this project,.
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44 John Cheney, 55 :Rocca Drive, referred to a recent article in the Press Democrat and asked
45 for a status report on the..bridge. Mr. Cheney indicated that the article stated that only 30%
46 of what was needed by'the Community was actually being accomplished. Mr. Cheney
Vol. 35, Page 98 July 17, 2000
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contnued,.that development in the floodplain .had to be stopped and ,spoke in favor of a
moratorium to any further development. If 'the bridge- could riot be replaced thisyea, a
moratorium was necessary; :the project was-not complete until the last bridge .was donee.
Council Member Healy asked Mr. Hargis how much time it would take, given the resources
necessary,. to connect the rails to the new mainline trestle and remove the .old fresfle..
Mr. Hargis replied that,. optimistically, before the winter of 200y .
Geoff Cartwright, 56 Rocca Drive, supported keeping the project moving forward•and was
in favor ~ ~ - ~ , `
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of a Council. adopting along- term moratorium prohibiting any further development in the
floodplain.
No action taken.
NEW BUSINESS
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12. Resolution. Authorizing the City Manager to Execute ,a Professional Services
Agreement with Larry Walker and Associates. fo:r Preparation of an Anti=
Degradation Study in Support of the New Water Re~ycling~,Facility. ~~ ~"
Utility Engineer Mike'.Ban stafed.that the permit for operation.an~d rmaintenance of the City's
wastewater treatment plant prohibits "wastewater' leaving the_ plant at an ,average d'ry
weather flow of about 5.2 million.gallons=per day; this was the permitted discharge capacity.
In order to meet the needs of the community, the new water recycling yfacility would
discharge in excess oftbat amount. State and federal regulations required that'the City
perform. an anti-degradation study in order to analyze the potential impacts. of increased
flow rates.. "City Managemenf recommended hiring the firm of "L~~rry 1Nalker and Associates
_y
to assist in the work.. 'The firm had the technical capability and experience: to do ahe job
correctly.
Council Member Healy wanted confirmaton,that the workthat uvas to be done by;this firm
was flexible and.. broad:.enough to accommodate any of the. five design optons.,that were
being considered by Carollo Engineering for'the new wastewater- recycling 'facilitys
Mr. Ban replied that he was correct.
Council Member Maguire asked if the firm had experience in addressin"g 'legal issues
brought forth by Baykeeper.
Mr. Ban replied that the firm had worked with other munici"pafities that had. their permits
challenged by Baykeepers; they specialize in permit'related issues. "
Council Mernber'Keller undersfood that.the Environmentai Proteetion;:Ageney had agreed
#o"look at mass loading imits, as inevitable requirements for all discfiargers:.He~asked how
Juty 17, 2000 Vol. 35, Page 99
1 that changed things for the City; `that is, in terms of both the~~ anti-degradafion and.
2 operational plan. .
3 .
4 Mr. Ban replied that the TMDL (total. maximum daily load) process had all ready started in
5 this area:, He did not know. how the federal legislation would impact the area; the regional
6 board had already pushed:forward with doing TMDL studies, completed a draft TMDL for°
7 mercury. He 'thought: it would' change regulations somewhat and it was hard to envision
8 what it would look like.
9
1o Vice Mayor Torliatt referred to page four of'the summary report 'that addressed that the
11 Board adopted a. revised Water Quality Control Plan for the San Francisco Bay Basin. She
12 wanted to know if the study would address any ground' water issues.
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14 Mr. Ban replied that the. study would focus strictly on surface water.
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17 Motion: Council Member:Keller moved, seconded by Healy to adopt a Resolution 00-
18 128 N.C.S: Aufhocizing the. City Manager to Execute a Professional
19 Services Agr..eementtyith: Larry Walker and Associates for Preparation
2 0 of an Anti-Degradation Study in Support of the New Water Recycling
21 Facility
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23 Motion Passed: 6-0-1(Cader-Thompson, absent)
24 - '
25 PUBLIC CO'MIV9ENT
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2 7 None
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29 A®JOURN TO CLOSE®~SESSION - 4:00 p.m.
30 ~ ~ -
31 City Attorney Richard Rudnansky announced the following items to he addressed during
3 2 closed session. ~ ~ ~~ {
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34 Conference with Real Property Negotiator'Pursuant to Government. Code 54:956:8..
3.5 Property: 556 North McDowell Boulevard. Negotiating. Party; Gene Beatty:. ' lJ.nder
3 6 Negotiation: Price, Terms or Payment, or Both. {Mosquito Abatement Building) ~ -
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3 8 Conference with Legal Counsel, Existing Litigation (Subdivision (a) of GovernmentCode
39 Section 54956:9), Allen vs. City of Petaluma. Sonoma County Courf.Case No 222730. `-
4 0 '~
41 Conference with. Legal Counsel, Existing Litigation (Subdivision (a}'of Governme;nt'Code
42 Section .549.56.9), .San Francisco Baykeeper vs. California State Water~Resources Control.
43 Board (Real. Party in Interest City of Petaluma}. Sacramento Superior Court Case No.
4 4 99CSO2580. ~ -
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4 6 Conference with Legal Counsel, Existing Litigation, Government Code.Section 54956.9;
Vol. 35, Page 1.00 July 17, .2000
1 ,Mock.. vs. City of Petaluma. ,Sacramento Superior Court Case No. 97QS00848.
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3 Conference with.Legal Counsel, Anticipated Litigation, Significant` Exposure to;Litigation
4 Pursuant to Subdivision (b) of Government Code. Section 549,56.9(b) (2 Matters):
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6 Conference with Legal Counsel; Initiation„ of Litigation, Pursuant to subdivision (c) .of
7 Government Code Section 54956.9 (1 potental.case)
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9 Conference with Labor- Negotiator,. Pursuant to Government Code Section 54957.6,
10 U.nif 8, Department Di'rectors.,.Agericy'Negotiator.: Acorne
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12 Conference with Labor Negotiator, Pursuant to Government, Code Section:5~495.7.6.
13 Agency Negotiator: City Negotiator. Unrepresented Employee: City Manager
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1:5 Council Member: Gader-Thompson: rejoined' Council at 5:15 p.m, in Closed Session.
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17 Mayor Thompson announced that Council would- adjourn Closed Session to 'Cucina
18 Parad'iso for
19 dinner.
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2'1 ADJOURN
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23 6:50 p.m, -Council did not adjourn for dinner.
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25 ~ ****~***
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27 RECONVENE
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;2;9 . The Petaluma City Council 'reconvened ;for he:Evening. Session of the Regular"Meeting at
3 0 7:55 p m. in the Courcif Chambers. ~ -
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3.2 ROLL CALL
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3~4~ Present: ,Gader=Thompson, Hamilton, Healy, Keller; Maguire,, Thompson, Torliatt.
.35 . ~ ",
3:6, Absent: None
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3~8 'REPO`RT ON C=LOBED SESSION'
4 0 Mayor Thompson, announced there. was no reportable action taken _on Closed Session
41 Items.. .._
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43 PUBLIC.COMMENTS
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4:5 Terence Garvey, 83: Maria Drive, spoke: regarding fhe posting of rewards flyers in
.4;6 connection with~the recent hafe crime taken against the Fishman Supply Company.
July 17, 2000 Vol. 35, Page 101
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2 Lauren Williams, Petaluma Trolley, 12 N. Napa Drive,, presented, buttons to Council and a
3 certificate and button to Vice Mayor Torliatt, the Council's Liaison to the Petaluma Trolley
4 Board ofi Directors.
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6 Richard Brawn, 141 Gr,,evillia Drive, spoke regarding the increase and size of overhead
7 wires'that had grown itsize to cables.
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_ 9 Geoff Cartwright, 56 Rocca Drive, spoke regarding Rohnert Park's General Flan
1o encroaching Petaluma's watershed.
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12 Isadore J. Berman, 1564 Crown Road, spoke regarding the homeless problems in
. ~ 13 Petaluma.
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15 Mayor Thompson. referred Mr. Berman to the City`s Housing Administrator Bonne Gaebler
16 and John Records of COTS (Committee on the Shelterless).
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18 Diane Reilly-Torres., Rainier Avenue, spoke regarding programs on PCA (Fefalurna,
19 Community Access), and referred to the show she produced, "The City Watchdog." She
` 2 o asked for an update regarding .developments with fiber optics.
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22 Bryant Moynihan, 102'Dawn Place, spoke regarding the City's mid-year budget review and
2 3 report.
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26 COUNCIL COIVIMEIVT
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28 Council Member Hamilton suggested every two weeks that Council pick a board or
. 29 commission and. review 'whether it was meeting. its .mission. For instance, Planning,
3 o SPARC, and Tree would meet with the Council and work through hurdles. She had
31 attended a workshop at the Community Center that engaged the community in discussion
32 about transportation, `not arguments; she hoped the process would evolve through .the
33 General Plan.
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35 Vice Mayor Torliatt thanked Petaluma Trolley for allowing her to be a board! member.
36
37 Council Member Keller agreed with Council Member Hamilton regarding boards,
3 8 committees, and commissions. He noted that there had been .considerable discussion at
. 39 the afternoon meeting about an article that appeared in the.Press b~emocrat regarding the
40 Payran Flood Management Project and added that he thought it was misleading.
41.
• 42 Council Member Corder-Thompson noted her disappointment with the Board of
• 43 .Supervisor's recent decision not to include. funding for the Sonoma Mountain Open Space:
44
45 ..Council Member Maguire noted that Supervisor Kerns had his aid make the presentation.
46 The priorities were brought forward by Supervisor Smith at the last minute and voted on.
47
Vol. 35, Page 102 July 17., 2000
1 COUNCII_.AND CITY MANAGEMENT REPORTS
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3 None
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5 APPOINTMENTS
6
7 13. Resolutions Making Appointments to Boards, Comrrriftees and Comm.`ssions
8 (I<Line)
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10 .City Clerk Beverly Kline-noted that the Council would address sixteen vacancies;,on seven ~ _
11 of the City's Boards, Committees, and Commissions.- S'he added that this `year`s,. _ -.
12 recruitment. program brought. in twenfy-two interested applicants, including incumbents.
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15 Airport Commission
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17 One year term;-.:one vacancy; one applicant, reapplying;' PAPA Representative. to the
18 Commission '
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2 o One Year Term: Tom McCaw - (7) incumbenf - .Resolution 0~0-1.29'N.C:.S.
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22 Ayes: Cader-Thompson, Hamilton, ,Healy, Keller, Maguire; Thompson, Tbrliaft
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2 4 Noes: None
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2 6 Animal Services :Advisory Committee
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28 One.,: one-,yeas term, five #flree-year Perms, six vacancies, seven applicants, Cardo;
2,9 Hanson, Simons; Timko and Zeldes re--applying; Simonds anc~ Ryan new applicants:
30
31 Sheri Cardo, Eric Hanson, Susan Simons; Chair; who spoke on her own behalf and on
32 behalf of Mickey Zeldes, and .Skyler. Timko spoke regarding theirihterest',with~the Animal
33 Services of Petaluma and their desire to continue to serve. on the Advisory Committee.
34
35 Resolution 00-1;30 N.C.S.
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37 Three year terms:
38
39 Sheri Cacdo, Eric Hanson, Sue Simons, Skyler Timko.., and Mickey Zeldes = (7) all
40 incumbents
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42 Ayes: Cader-Thompson, Hamilton, Healy, Ke ler, Maguire-, Tf•iompson, Torli'att
4 3 ~. ..
44 Noes: None
45 ..
46 ~ _
July 17, 2000 Vol. 35, Page -103
1 One Year Term:
2
3 Kelly Ryan - (6) new applicant.
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5 Ayes: Caller-Thompson, Hamilton, Healy, Keller, Maguire., Torliatt
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7 Noes: None
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9 Giselle Simonds - (1) new applicant
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11 Ayes: Thompson
12 ~ -~.
13 Noes: None
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15 Bicycle Advisory Committee
16 ~ -~
17 Four vacancies; two two-year terms and. two three-year terms; six applicants., three: re-
18 applying, Nasser, Irwin, and Resneck, and-three new applicants., Berman, Henning, Mori'.
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20 Resolution 00-131 N.C.S.
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22 Two Year Term:
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24 Gerald Nasser - (1/4) incumbent
25 +
2 6 Ayes: Caller-Thompson, Healy (Aye for 3 year term), Keller, Maguire, Thompson, Torliatt
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2 8 Noes: None
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3 0 Elizabeth Emery .Mori - (5) new applicant ,.
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32 Ayes: Caller-Thompson, Hamilton, Healy, Keller, Torliatt .
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3 4 Noes: None
3 5 .. .
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3 7 Three Year Term:
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39 Lisa Irwin - (7) incumbent
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41 Ayes: Caller-Thompson, Hamilton, Healy, Keller, Maguire, Thompson., Torliatt
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43 Noes: None
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45 Dusty Resneck - (6/1) incumbent
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Vol. 35, Page 104 July 1:7,.2000
1 Ayes: Cader-Thompson, Hamilton, Healy {Aye fora 2 year term), .Keller, Maguire,
2 Thompson, Torliatt
3 _
4 Noes: None
5
6 Planning Commission
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8 Resolution 00-1.32 N.C.S.
9
:10 Four Year Term:.
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12 Clare Monteschio - (5) new applicant
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14 Ayes: Cader-Thompson; Hamilton., Keller, Maguire, Torliatt
15.
16 Noes: None
T~
18 Dor% Bennett. - (2) :i'ncumbent
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2 o Ayes: ,Healy, Thompson
;2r1
2 2 Noes: None
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24 Scott Vouri -.new applicant
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2 6 Ayes: None,
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2 8 -Noes: None
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30 "
31 Recreation Music and Parks
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3 3 Resolution 00-133 N.C.S. "
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3 5 Completing ,a Four Year Term:
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3 ~ Ken McCoy - (7) new applicant
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39 Ayes: Cader-Thompson, Hamilton, Healy, Keller, Maguire; Tf•~ompson, Torliatt:
40
41 Noes: None
42
43 Site :Plan and Architectural Review Committee
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45 Resolution 00-134 N.C.S.
46
July 17, 2000 Vol. 35, Page 105
°1 Two Year berm: Ross Parkerson - (7) incumbent
.2 •
3_ Ayes: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Thompson, Torliatt
4
5 Noes: None
6
~ Tree Advisory Committee
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9 Resolution 00-135 IV.C.S.
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11 Two Year Terms:
12 Gabe Kearney (7), Joseph. Noriel {6); Frances 1Nilson (7);
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14 Gabe Kearney, Frances Wilson - incumbents (7)
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16 Ayes: Cader-Thompson! Hamilton, Healy, Keller, Maguire, Thompson, Torliatt
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18 Noes: None
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2 0 Joseph Noriel (6:)
21 ....
' 22'Ayes: Cader-Thompson, Hamilton, Healy, Keller, Thompson, Torliatt
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24 Noes: None,~•
2 5-~ .
2,6 Patrick Schafer_(1) (new applicant) - _
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2:8 Ayes: Maguire _
2,9 - j
3 0 Noes: None
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32 Recess 8:50 p.m. _'~.
. 33 - .
- ~ 3~4 Reconvene: 9:00 p.m.
3.5
36 . PUBLIC"HPARIIVG
. 37 ~
3's` .,14. -Discussion and Possible Action Regarding Consideration ofi VI(arren and Susie
39 '~ Dranit's Appeal of the Planning Commission Decision to Uphold an
40, .~ AdmnistrativeApproval of the Daniel Smith/Su%san Price Conditional Use
41 Permit,~and. Exception. to Allow Construction of a Second-Story Accessory
~~ - ' 42~ Dwelling Unit Above an Existing Garage :Located- at 81.5 D Street, APN 008-
43 ~ 292=003. The Garage is Located 1'10" From the- Southern Side Property Line
44 ~ Rather Than The Required 4 Feet; An Exception WasApproved toAllow Expansion
45 of an Existing Non-Conforming Accessory Structure. (Moore/Lewitter)
46
Vol. 35, Page 106 July 17,:2000
1 Betsi Lewitter prodded background and surnmarized .the Dranit`s appeal of 'the Planning
2 Commission.decision to uph"old an,administrativeapprova~of the Smith/Price Conditional
3 Use Permit and, Exception. -
4 f• . .
5 PUBLIC COMMENT
6
7 Dick Lieb, O.ne Bodega ..Avenue, Consultant to the: Dranits, spoke :regarding; .historic
8 preservation; and the City's parking ordinances. He wanted the appeal upheld aril added.
9 that he thought the Planning Department staff was overworked:. He then. introduced Mr.
10 Peterson.
11
12 AGENDA CHANGES,_-/ADDITIONS', AND DELETIONS
13
14 Council. agreed to :postpone: the Item 15 to June 24 :and directed .City Management `to
15 schedule it as~the:first°tem to be addressed~.on Council's Agenda; after-item, 14, item.
16 18, followed by ;item 1,6 and 1,Z.
17 .
18 .UNFINISHED BUSINESS .
19
2 0 15. MOVED TO JUL`Y'24, 200.0 -Discussion and Possible Action on 1.1 th Amended
21 Agreement for Impaired 'UVater Supply ,and IVlernorandum of Understanding
z2 Regarding Water, Transmission System Capacity Allocation. During Temporary' ;,
2 3 Impairment and Operating Procedure for Sguth Peta,"IPJrna Aqueduct/Opecafional
2 4 Memorandum of ~Ur~de"rstanding. (Continued from. Council IVleeting of Apnl 24; ,
2 5 2000). Begin :Discussions of Possible Acquisifion by Sonoma -'County' VI%ater
2 6 Agency (SCWA) of Potter Ua11ey~Project and~Presentation by the. SCINA Regarding ~-
2 7 6.6 % Water Rate Increase to City and Discwssion of a 1 Q%-City Rate Increase;for : =~
2 8 Water. ,(Hargis) ,
29 _ ,...... _ -
- _ ,
- _ ~ -=
3 o Item 1.4. Discussion :and .Possible Action Regarding Consideration of W.ar,ren and
31 Susie .Dranit's,Appeal of`the Planning;Cornmission D.e.cisionito U:pho;ld~~an; •
32 Administrafiue Approval of: the DanieLSmith/Susan Price iCoriditional Use'Permit=
3.3 and Exception, to Allow Construction' of a'Second-Story Accessory Dwelling, Urif
34 Above an Existing. Garage Located at 815 D Street, APN 008:=292-0,03,continued, ,
35 _~ ~- _ ....
3 6 Dan Peterson, 1304 Pelican 1Nay, Pf. 'Richmond, spoke in opposition-to the project: t
38 Bob Oliker, Attorney At Law, 17 Keller Street, representing Warren and Susie Dranit, ,
3 9 spoke in opposition. to the project.
40
41 1Narren Dranit, :81'7 `D' Street; thanked the Council for their time and efforts investigating .
42 the project antl' askedthatthey uphold the appeal; th'e projected needed to, be reviewed as
43 an aecessory,structure:, not an accessory dwelling.. ~ ~~ ~~~~
44 .
45 Irv Piotrkowski, Attorney at Law, 'representing Smith=Price:, noted that his clients' ~ -
46 development was donee with the consideration of having. an oK~tion to use the structure - '
July 17, 2000 "Vol. 35, Page 107
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as a dwelling, should they choose to do so in the future. There was nothing legally that
prohibited staff from making an adminisfrative exemption. He asked that Council .
support the staff and the Planning Cornnission's recommendation.
Colleen Mahoney, project architect for the Srt~ith-Price project, spoke in support of the
project.
Susan Price, 81:.5 `D' Street, stated that she and her husband had been in contact,with
the Dranit's about fheir plans long. before they began the permit process and indicated
the Dranit's declined to meet -with them to review the drawings and or discuss
particulars of the project.
Mayor Thompson sympathized with the Dranits, noting their privacy concerns. He
thought there was room for agreement and asked .the parties involved to meet to
discuss landscaping, windows, and the cupola. ~ ~ ~.,
Bernice Sheeks, 30 Brown Court, spoke in support of the project.
Hank Flum asked Council should they deny the appeal to leave the height and .not
require removal of 'the cupola.
Gary Broad, .Planning. Commissioner, resident of Petaluma, noted that he had been
advised by Susan Price early in the process that the property was to be used for a
study and not a dwelling.
Geoff Cartwright, 56 Rocca Drive, spoke in support of infill as a way to avoid further
development in the floodplain.
Council Member Nealy did not want to redesign the project; he was inclined to uphold
the appeal and favored the project returning. to SPARC if -the parties agreed.
Council Member Cader-Thompson supported denying the appeal.
Council Member Keller was opposed to the expansion of anon-conforming building as
it could set precedence. Me was not.. happy about the parking and favored upholding
the appeal and sending the project back to SPARC for revision..
Vice Mayor Torliatt supported denial of the appeal. She supported the height at twenty-
three feet; the stained. glass ,window insert, heavy landscaping to allow maximum
privacy for the Dranits, and a 50/50 split of the total amount of the:cost'to `replace the
fence along the property line contiguous to the Dranits' property. ~,
Council Member Maguire noted fhe mass and use of the property were troublesome` to
him. He was not convinced there was sufficient commitment by the applicants to how
the property was to be used. He favored a change in the design, such as dropping the
roof and omitting the cupola.. He thought the main issue was usage and asked whether,
the applicants would sign a contract or provide a bond to the City to insure that within
Vol. 85, Page 108
;July 17, 2000
1 . two years, #or a~ year or two years.,,: the: addition would be used as a dwelling.
2 "
- 3 . Council Member Hamilton voiced .her concerns about intended property'usage. -She.
4 supported upholding the appeal and sending the project back to SRARC with direction.
5 from the Council'.
6
~ Community Development; D;ire_ ctor Mike Moore clarified, that the appeal was: about~tlie
8 use permif~for~ an_ accessory dwelling,. A .conditional use permit.fad been approved by
9 the Planning Commission; Council was addressing the appeal of the use permit.
10 ~ `
" 11 Council Member Keller asked that in the future for City Management refer parties to
=12~ 'formal remediation:
13' "
14 Council Member` Maguire asked if Smith-Price were. interesfed in making ariy of the:
15 changes ;recommended, including taking total financial responsibility for a new fence..
16 -
17 Council Member H'arriiltori clarified that what Council Member Maguire was doing'was
18 adding eondition_ s. to. ~a conditional use permit.
19 "
2 0 Ms. Price asked: the Council to allow the applicants time to consider the changes he
21 was
22 suggesting.
23
2 4 Item Continued #o allow time for the applicants to consider changes suggested..
25
26 IVEW BUSINESS
27
2 8 Council Member C'ader-Thompson excused herself from the dais at 11:20 p.,rim.
29
3 0 18.~Discussi'on. rand Possible ...Action Regarding the Renovation, Future Use;. ;and-
31 Operation of the Polly` Hannah Klaas Performing Arts (,enter.
32
3 3 Vice Mayor Torlatt wanted. a timeline for the project and. asked That the Cify get rid of'the
34 useless items on the first floor of the facility..
35
3.6 Council MemberKeller asked for Continued participation of'the theater groupsain;the:design
37 of the building; input on what,the re=design was to accomplish. Regarding scheduled`use,
3 8 he noted that, if .it was, to be a children"s theater, then use as an adult. theater aril other
3 9 uses were lower-~'in priority.
40
41 Council Member Hamilton thought :it was a ;Parks and Recreation .issue and that the
42 Recreation,;. Music. and Parks Commission should work-together with Leadership Fetalurna
43 and the theater groups to' make recommendations to the Council.
44
45 Council Membe"r -Healy agreed with Council Member Keller. He also agreed with Council;
4 6 'Membe.r Hamilton and asked for input from the. Recreation Commission with the emphasis.
July 17, 2000 Vol. 35, Page 109
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to them from the Council on support of a children's theater facility.
Motion: Vice Mayor Torliatt moved., seconded by Keller, to adopt a Resolution 00-
136 N.C.S. to commence with Renovation, Future Use and Operation
of the Polly Hannah Klaas Performing Arts Center and include
Council direction to the Recreation, Music and Parks Commission.
Motion Passed: 5-2 (Maguire away from dais; Cader-Thompson absent)
17. Discussion and Direction Regarding Next Steps `in the Review and Adoption of the
Draft Central Petaluma Specific Plan.
Council Member Hamilton asked. that there be a joint meeting with the Planning
Commission to discuss and review the draft EIR (Environmental Impact Report).
Motion: Council Member Hamilton moved, seconded by Keller, to direct City
Management to proceed with Option B as the Next Steps in the Review
and Adoption of the Draft Central Petaluma Specific Plan.
Council Member Healy wan. ted'iriput from}staff and noted that he was tremendously
frustrated by the process.
Mr. Moore indicated the draft plan would be completed by the end of September.
Motion: 6-1(Cader-Thompson absent)
The meeting to review-the draft .EIR with the Planning Commission was scheduled for
the end of September, or beginning of October.
18. Landscape Assessment Districts
A. Resolution Describing Improvements and Directing Preparation of
Engineer's Report for FY 00/01 .Annual Assessment for Landscape
Assessment Districts.
B. Resolution of Preliminary Approval of Engineer's Report for Landscape
Assessment Districts for fY 00/01.
C. Resolution, of Intention to Order the Levy and Collection of Assessments
Pursuant to the Landscaping and Lighting Act of 1972 for Landscape
Assessment Districts for FY 00/01.
Parks Supervisor Ed Anchordoguy requested that Council set the Public Hearing date as
August 7.
Vol. 35, Page 110
July 17, 2000
1
2 Motion: Council Member Maguire moved, seconded by Keller to adopt the following
3 resolutions:
4
5 D. Resolution 00-137 N.C.S. Describing Impro~rerments and Directing
6 Preparation of Engineer's Report for FY 00%0.1 Annual Assessment for
7 Landscape Assessment Districts:.
8
9 E. Resolution. 00-13$ N.C.S. _Prel'iminary Approval of Engineer's Report for
10 Landscape Assessment Districts #or FY 00/01. .- ,
11
12 F. Resolution 00=139 N.C.S. Intention to Order the Levy ,and Collection of
13 Assessments Pursuant to the Landscaping and Lighting Act of 1972~for
14 Landscape Assessment Districts for FY 00/0:1.
15
16 And to set the Public Hearing for August 7, 20.00.
17
18 Motion Passed: 6-1(Cader-Thompson excused.) ` .
19
2 o Continued discussion: Public Hearing to .uphold the appeal of Dranit's
21 '. ,
22 Council Member Healy supported the projects return to;~SPARC.
2 3 "=
2 4 Council Member Hamilton thought and Vice Mayor Torliatt agreed that this process wa`s a .
2 5 bad way to arrive at a decision.
26 - ~ _
27 Mayor Thompson supported continuing the item., "
28
2 9 Council Member Keller agreed that this was notgood decision making but it should serve
3 o as encouragement for property owners. to resolve their own issues so they wouldn't come
31 to the Council and subject themselves to the arbitrary decision of thi's' body.
32
33 Motion: Council Member Maguire moved to deny the appeal and .grant the
34 conditional use permit.for an accessory dwelling, conditioned upon:
35
3 6 1. The height of the structure (as calculated by the zoning ordinance) be
37 reduced to 21 feet; ~ "
3 8 2. The fence between the Dranit's and Smith-Price's be replaced and the
39 cost of~the replacement be borne solely by the Smith-Price's;
4 0 3. The Smith-Price property be landscaped to address privacy concerns
41 of the Dranits; and
42 4. The Smith-Price's be subject to an agreement that required that the
43 accessory dwelling be occupied as a residence for a period of at least
44 2 years.
45
46 Mr. Rudnansky advised that Council could take a straw vote to come back with the
July 17, 2000 Vol. 35, Page 111
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legislation as part of their action to uphold or deny the appeal.
Council Member Keller asked if the motion could .incorporate a 50/50 split of the ferice
fees.
Council Member Maguire replied no.
Motion failed `for lack of a second.
A straw vote was taken.
Council Members: Healy, Keller, Maguire, and Mayor Thompson~supported direction to City
Management to come back to the Council when legislation and instruments had been
prepared that would uphold the conditions as set forth by Council Member Maguire. Vice
Mayor Torliatt did not support that direction and Council Member Hamilton did not wanf to
state a position at theticne Council was polled. Council Member Caller-Thompsorrwas not
present.
The majority of the Council polled (4-1-1 Torliatt - No; Hamilton -abstained) directed City
Management to come back to the Council when. legislation. and necessary instruments had
been prepared thatwould uphold the conditions as: set°forth by Council Member Maguire to .
allow Council to cohtinue discussion and possibly take action. regarding consideration of
Warren and Susie Dranit's Appeal of the Planning Commission Decision to Uphold an
Administrative Approval of the Daniel Smith/Susan. Price Conditional Use Permit, .and
Exception to Allow Construction of a Second-Story. Accessory Dwelling Unit Above an
Existing. Garage. Located at 815 `D' Street, APN 008-292-003.
Item continued to a date .uncertain.
ADJOURN
The meeting adjourned. at 12:10 p.m.
E. Clark Thompson, Mayor
ATTEST:
Beverly J. Kline, City Cier
******