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HomeMy WebLinkAboutMinutes 07/19/1999July 19, 1999 Vol. 33; Page 207 1 ~~ " City of Petaluma,. California 2 ~ ~ ~ Minutes of.a Regular - 3 ~ City Council Meeting 4 s Monday, July 19, 1999 6 ~ Council Chambers 7 s The City Council. of the City of Petaluma rnet on this date in the Council Chambers at 9 2:20~p.m. io i 1 RO.I_L CALL T2 ~-r3 PRESENT: 'Hamilton, Healy, Maguire, Thompson, Torliatt 14. ABS€NT: Keller, Hamilton, Cader-Thompson is X16 PUBLIC.COMNIENT 17 ,. its NONE 19 20 CLOSED SESSION 21 22 City Attorney Richard Rudnansky, announced the Closed Session item on the agenda: 23 24 CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code 2s §54957.6 26 Unit 7, Fire 27 Agency Negotiator: Acorne/Beatty/Krout 2s 29 Mayor Thompson asked the Council to adjourn to the City Manager's Conference Room 3o for discussion and possible action on the Closed Session item. 31 32 A®JOURNMENT 33 34 The meeting adjourned at 3:00 p.m. 3s ***** 36 37 Vol. 33, Page 208 July 19, '1°.999 i ~ Regular' Meeting 2 Monday, July T9;~ 1999, ~3;OO p:m. 3 . 4 The Regular Meeting of .the City Council of the City of Petaluma reconvened this date in • s the Council Chambers at 3:05 p.m. - 6 ~ Mayor Thompson announced that no reportable action was taken on the Closed s Session item. ~• 9 io ROLL, CALL ~~ 12 PRESENT: Hamilton., Healy, Keller, Maguire, Thompson, Torliaft ~ _ °~ i3 ABSENT: Gader=Thompson 14 .. is PUBLIC COMMENT` 16 _ . i~ m Geoff Cartwright, 56 Rocca .Drive,. spoke about. increased flooding m•~Petalwuma . is and asked Council to ,address the: issue by orde"ring a new Envirorimenfal Impact - 19 Report (EIR} for the pr,,oposed Rainier Cross-Town Connector and Intercflange -• 20 Project, as many issues were not studied. . • 2~ 22 COUNCIL `COMMENTS ?3 Council Nlerri~ber Keller reported. that Council Member Cader-Thompson ,could not 24 attend. tonight's meeting because :of a broken. foot.. 2s 26 ANNOUNCEMENTS 27 Gene: Beatty introduced two new employees -Information Services. Systems Analyst 2s Tim VVillamsen, and Robed Voiz, Information Services Technician. 29 3o GOOD NEWS' 31 Water Conservation Program 32 33 Mayor Thompson announced two classes would be taught by a CaP Poly :professor from . 34 August 31 through September 2 as ;part; of the C.ity's 199:9 V11ate.r Conservation :Program 3s to be held at the' Petaluma Family C:ornputer Education. Center, which is~ 'in the 36 basement of Copperfiefd's .B.ookstore on Kentucky Street. 37 Director of Engineering Tom Hargis announced a 2 'hour p7ogram on. water conservation 3s on duly 26, 1:999 at 3:00 - 5::00. 39 4o Council Member Keller announced the California Transportation Commission has 4'1 :approved the-19:98 Inter-Regional Transportation Improvement Program (1TE_P) which 42 allocated funds of $5:million towards the environmental study on the Novato'Narrows. 43 44 PRESENTATION 45 46 Petaluma. Visitors Program by Jessica Van Gardner July 19, 1999 Vol. 33', Page 20.9 1 2 Ms. Van Gardnerreported that the Boys and Girls Club will be, opening a computer lab 3 soon for the public. .She gave an update and `brief overview of the Petaluma Visitor 4 Program and the activities of the Sonoma County Tourism Council. Sh;e introduced fhe s R'irector of the Tourism Council,.. Sheila 'Romero. She explained details of the marketing 6 plan program. She stated they continued. to see growth in the number of visitors served ~ and reviewed recent positive publicity about Petaluma. s 9 Sonoma County Economic Deve opment Board Executive .Director Sonoma County toTourism Program Sheila. Romero provided a packet of information and reported on the 11 Sonoma County Tourism Program. 12 r3 APPROVAL O:F MINUTES 14 is June 14, 1999 16 _ 1~ Council Member Maguire moved to approve the .minutes of June 14, 1`999,. as is submitted. Motion passed 6/0/1. Council Member Caller-Thompson absent. 19 20 CONSENT CALENDAR 21 22 Council Member Maguire requested. Item #2 be .removed from the Consent Calendar. 23 Council Member Torliatt stated she would be abstaining from Item #3-G: (Tree 24 Committee appointment). Council Member Healy requested Item #3 be removed for 2s questions. 26 27 1. Resolution Approving Claims and Bills 2s 29 MOTION: Council Member Keller moved seconded by Torliatt to approve Consent 3o Calendar Item1. 31 32 MOTION PASSED: 6/0/1 on items 1 - (Caller-Thompson absent) 33 34 2. Resolution Adopting New Animal Service Fees (Beatty) 35 36 37 Council Member Maguire referred to the new surrender fees and expressed 3s concern, that a surrender fee was counterproductive to the fun"ction of the animal 39 shelter. He asked for Council's support to eliminate the surrender fee. 40 41 Mr. Beatty .responded. that the intent was fo collect a fee due to the impact of 42 animals being surrendered. He clarified that the fee only applied to adopted 43 pets, and was not. charged to someone bringing in a stray. He stated They are. 44 allowing the shelter manager flexibility to waive fees when appropriate. 45 Vol. 33, Page 210 July 19, 1999 i Council Member Maguire~,stated he could support :a surrender fee only for a pet 2 that was originally adopted from .the helte;r:. He suggested it be called a "refurn 3 fee'' for animals previously adopted from the shelter only, 4 - - s Council. Member Torliaft stated that if someone. could not .afford the surrender 6 fee, they could talk to the, staff at the shelter. s MOTION: Council Member Maguire. moved, seconded by Hamilton, to; Adopt the 9 Resolution Adopting .Animal Services Fees fo.r :Licensing, Redemptions, Late Charges,, io Feeding Charges, amending `item no. seven.. from "Surrender ,Fee" to "Return fee for ii animals. previously adopted from the shelter only;" ands Rescinding Resolution No. 96-- 12 108 NCS. 13 i4 MOTION PASSED: 6/0%1. Council Member Cader-Thompson absent is 16 3. Resolutions Confirming Appoirntments to the: following 13.oards, Cornrnissions and i~ Committees: Council Member Healy. reported that Council. Member Cceder-Thompson requested that: future applications for Boards 'and Commissions: include the applicant±s: reason for seeking appointment.. Mayor Thompson asked that the appointees .be present ;at the appointments in the -future:. 26 a. Animal Services Advisory Committee - Laurel Carter two-year term 27 expiringJune, ,30, 2001; .Eric Hanson one-year ,term, expiring :June 30, as 20.00; and Terri Ann Olivadotti, two year term, expiring June 30; 20.01. 29 3o b. ..Airport' Commission -Brian.. Graver and. Jerry Beene, four-year terms; 31 expiring June 30, 2003. c. Bicycle Advisory Co"mmitt'ee -Brian Mealins, twu-,year term,,; expiring June 30, 2001,;' Pafricia Tuttle Brown, two-year term expiring ,June 30, 2001; and Scott Duiven, one-year term, expiring ,June 30, 2000. d. Mosquito. Abatement Board =Steven Ayala,. four=year term expiring June 30, 20.03,.: e: Recreation Commission -James Mobley,; Karen Greene, and Robert Kates, four-year'terrns, expiring June 30, 20Q3.. 43 f. ~ ~ Site: Plan :& Architeefiural:-Beview Committee' (SRARC)= Louise Leff, -Terry 44 Kosewic, Linda' Mathies,, two=year terms, expiring June 30, 20.01.; 45 - 46 g. Tree Committee -.Mary Neal, two-year term, expiring June 30, 2001;. -- July 19, 1999 Vol. 33, Page 211. 1 . 2 MOTION-: Council,: Member Keller moved, seconded by Council .Member Maguire., to 3 approve :ahe Commission, Board and Committee appointments as submitted with the 4 exception of Item G. Motion passed 6/0%1. Council Member Caller=Thompson absent. s 6 MOTION.: Council Member Keller moved, seconded by Council Member Maguire, to 7 approve Item G, Tree Committee appointment, as, .submitted. Motion. passed 5/0/2. g Council Member Torliatt absfaining due to conflict of interest .and Council Member 9 Caller-Thompson absent. io 11 UNFINISHED BUSINESS i2 13 4. 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 Resolution Rejecting All Bids for the Petaluma. River and Creek Trails Project 9876 and Discussion of Alternatives for re-bidding. (Evert) Mr. Evert reviewed the staff report. Council requested City Management to: ® Continue to look for bike and pedestrian access such as at 1Nillow Brook. ® Continue looking _at the Ricer Enhancement-Plan in contrast with the CIP plan and in conjunction with the budget. m Find other funding if possible; ;grants that could match funds.. ® If the City did have to contribute substantially, what was the competition. ® Look. at the expenditure of Traffic Mitigation Fees for projects such as this one. .~ - MOTIOfV: Council Member Torliatt.,moved,.seconded by Council .Member Maguire, to: reject all bids, re-.bid the Lynch Creek and River Vista portions of the project this winter with construction atarting in the spring of 2000,_,and authorize City management to seek additional funding to,construct the 1Nillow Brook ;Element as a separate future project. . ,;~ MOTION PASSED€ 6 - 0 ;'Caller-Thompson: absent. 35 36 5. Status Report on Downtown-Activities Including Putnam Plaza (.Parks/Stouder) 37 _ _ _, 3s Council Member Maguire noted that the, statistics indicated the Baker Street Bar 39 was by far the .single greatest source of problems by the number of citations and 4o calls. He believetl that there was a`policy adopted for the Bermuda Triangle 41 downtown, stating,that; any ,liquor establishment receiving, more than three calls 42 per month would be. fined. He wanted to know if this policy applied to the Baker 43 Street Bar. Ifi there wasn't a policy, he wanted an action brought forward to do 44 that. 45 , .. 46 Mr. Stouder agreed'.to.get back to Council with. the information. Vol. 33, Page 212 .July 1>9, 1999 1 -' 2 Council .Member Toeliatf commented that there: may be comp,lanfs about the: 3 Baker Streef Bar and Gri 1, that may not be :caused byahe Baker' Streef 'Bar and 4 Grill. She .wanted to be sure the problems were actually caused: by that s establishment. 6 7 Mayor Thompson moved.. ,item no: seven on the agenda to no. six as the s presenter had temporarily stepped out of the room.. 9 10 ii 6. Discussion by Healthy Consortium (HC2).Committee .Action/Youth_ Group (Carr) 12 (formerly item no. seven') 13 14 Mr. Carr reviewed the meeting of 7/13%99 ;of the various Collaborative Action. is Planning (CAPS) ;groups: He stated- the. results. are -th'e preparation of~ a resou;ree i6 guide with reference to positive programs for- teens. He stated the group: is 17 interested 'in establishing Teen Council, is i9 Consensus was: to defer this item that was 'to bye revisited by the.Council on Ju y 20 26t" ,until after the August 5t" Leadership Council, meeting. 21 22 7. Status Report' on the. Keller Street Garage. (.Parks/Sfouder) -formerly Item: 6 23 - 24 Mr. Beatty ,gave an update on the security of the. ,.Kegler' Street garage as; 2s discussed in the, staff report. He statetl he~ woald•abe~ g~'ing back to :the Petaluma 26 Downtown Association (PDA) with the final budget~;to see if there.'was interesf'in 27 hiring garage attendants. He stated. he had not :added' the b"udget request: for 2s additional :funds for attendants,, so the funds would have to come: from another 29 downtown project°, such "as the Restore Project or the. Vintage Lights: . 30 - - - . - 3i Council ,M'emb~er Hamilton bele~ed~ that ;Council had not yet ,allocated funds for 32 the Restore'I'r`oject'or the: Vintage Lights, Project: .' 33 34 Mr. Beatty explained thatsfaff' worked with :P:DA to prioritize °budget requests.. It; 3s seemed to be 'a priority for both the; PDA and the Council, buf~;in fact" may not .get 36 budgeted. - 37 - 3g Council Member Torliatt tated she was in~ support of the Vintage Lights Project 39 and did' not want to act on anything tonighf until'the entire budget was reviewed, 40 - a, Council. Member Maguire reporte~d~'both the projects mentioned are add-.ons and 42 had. not yet, been budgeted. He alsoasked -to see the projects as they related to 43 the PCDC. -- ~ . 44 ~~ _ 45 Council. Member Keller stated he liked the. idea. of:attendants as he believed hey 46 would be more cost effective thane a security service.;,;: He suggested that PDA July 19, 1999 Vol. 33, Page 21'.3' 1 make if a priorify'in their budget: He also stated he would like to see the Council, 2 and PCDC look at the Restore Project and other such projects funded as. a ~, 3 revolving loan program with. the money being paid back with zero interest and a 4 due on sale clause. .. 5 6 Council. Member Healy agreed that the entire budget needed to; be seen, but felt 7 that attendants would i=mprove security at the garage: He' also stated he wanted s the Restore Project and the Vintage Lights Project be funded. 9 10 11 '~ 12 13 9. Report and Possible Action on Joint. Powers .Agreement with Petaluma School 14 District Regarding Operation and Maintenance Costs of Aparacio Field (located is at Kenilworth ,Junior High School) and Status ,Report on Transfer and .Removal of { 16 Lights from: ~McNear Park. (Carr) 17 ~ is Mr. Carr reviewed the staff report and. explained that bids had been received and 19 found to be very .high. He stated he would compare them to the engineer's:. 20 estimates and see what. can be reduced. He will then bring it back to the~Council. '~ 21 22 COIDNCIL AIVD'STAFF REPORTS 23 2a Liaison Reports 2s 26 ADJOURNMENT TO~ 27 2g The meeting, adjourned at' 4:25 p.m. to Aram's for Council dinner. j 29 ~ 30 ~ 31 j 32 Regular Meeting ' 33 IUlonday, July 19, 1999 7:00 p.m. ' 34 3s The City Council of the City of Petaluma reconvened on this date in the Council 36 Chambers at 7:00 p.m. 37 3s ROLL CALL 39 4o PRES'ENT: HAMILTON, HEALY, KELLER, MAGUIRE, THOMPSON, TORLIATT 41 ABSENT: CARER-THOMPSON ~ ~ ~~ 42 ~ 43 PLEDGE. OF ALLEGIANCE ` - 44 4s At the request of Mayor Thompson, Mr. Piccinotti led the Pledge of Allegiance ` " 46 Vol. 33, Page 214 i MOMENT, OF SILENCE July 19, Y999 ,2 3 At the request of_ Mayor Tho .meson,, a Moment of Silence: was observed. 4 ~s PUBLIC `COMMENT 6 .~ ~ Geoff Cartwright, 56 Rocca; spoke in opposition of the Rainier Cross-Town s ~ Connector aril .,Interchange .Project due to~the flooding. in Petaluma. e Beth, .Meredith, 104 5th Street,. spoke in opposition.. to taking the Rainier Cross- Town Connector and Interchange Project to ,the: voters. • • Terence Garvey, 83 Maria Drive, spoke 'in favor of putting the. Rainier Cross- Town Connector and Interchange Project and the Domestic Partnership Regist"ry . on ,the .,ballot. 16 i~ • . Bryant Moynihan; 1-02 Dawn Place, spoke of his concern about how information is is:'distributed to the public. We suggested having a, one-week., deadline. for i9 departments' packet material for distribution to allow .the public. adequate; time for .20 `review of the items to be discussed: 2i 22 • Diane. Reilly-Torres requested "city management, forward extra agendas ;and 23 packet materials- to the Community- Center and :Library to assist the residents of a4 the .east side of Petaluma. She presented the City Clark with a check for $50;0 2s made payable to the Bob Leslie Snack Bar toward the rebuilding the snack bar '26 That burned down at Casa Grande -High School. 2~ Zs Vern Piccinotti, 3700 Spring. Hill Road (Committee to Protect- Coast Guard 29 Training: Center), spoke about the .review of the. Environmental lmpacf Report; 3o and. stated that the Coast Guard has announced'theywould keep.th'e"facility. He 31 suggested a public/private use- of'~excess space, at the 'training facility.. He stated 32 that the adequacy hearings on the EIR would be widely publicized. 33 34 3s COUNCIL COMMENTS 36 Council Member Maguire: pointed out. that the last hearing on :Rainier had _b:een a. 37 continuation of the previous meeting:. He -also, pointed ouf that this .year`s budgef :was 3s far easier .to read' than those of previous ,years, which. 'lie believed would be helpful.. to 39 fhe public. 4.0 41 Council Member Hamilton. stated she received a: copy' of fhe United Way Summary 42 Report for Sonoma County ,and it was an interesting o~er~iew of what'is going on in~ the 43 county. "She asked staff to come. back to Council :with some. ideas of what could be. 44 done about the advertising, at the bus stop in front. of ,the mura_I_ at Vllashingfon and 4s Petaluma Boulevard North. She did not want the ad"s to detract fromthe mural. July 19, 1999 Vol. 33, Rage 21.5' 1 Council Member Keller reported ~ that the California Transportation. Commission had 2 agreed to a $5 million request for funding on Cal=Trans environmental work on the 3 Novato Narrows.: He asked. that: at the: next- meeting, the Gity Manager clarify for 4 Council and the public the intended time lines for agendized items. s 6 s 9 to 11 12 13 14 15 16 17 18 19 Zo 21 22 23 24 2s 26 27 28 29 30 31 32 33 34 35 36 37 Council Member Torliatt commented that the two new Information Services staff' members would help. post agendas and .more information on the City's web site. She referred to an Argus Courier editorial comment that stated the- Council had not done anything for the ~1Nashington Street and, .McDowell .Corridor, and reported that on December 7, 199:8, the Council approved an agreementfor a study for improvements to the corridor. She stated that it is only one of many improvements the Council had taken action on in the last year, which she then reviewed. GOOD NEVIS Water Conservation Program Mayor Thompson announced two classes would be taught by a Cal. Poly professor from August 31 through September 2 as part of the City's 1999 Water Conservation Program. . After an unsuccessful five=month search for a training sife equipped with computers to accommodate 25.studerits (many of who were. from Petaluma's Landscape, Water and Planning Departments), staff had found"the best-keptsecret in Petaluma: The Petaluma Family Computer Education Center. The Center is funded by the Petaluma Education Foundation and is located. in the.:basement ofyCopperfield's Bookstore in Downtown Petaluma on Kentucky Street. The .Petaluma .Family Computer Education Center had agreed to rent their training room with computers #or a two-day Landscape Water Audit class and a.one-day Water Budget class for a very modest three hundred fifty dollars ($350.00). PRESENTATION `} 9-A. Presentation and Discussion of Joint City and County Issues by Supervisor Mike Kerns 3s Supervisor Mike Kerns reported on the $5 million from Cal-Trans Commission 39 arid $8 mil ion in T21 contributed to the environmental studies for the Novato 4o Narrows. He rnentionedthat Senator.Burton's.'/2 cent sales tax bill had passed, 41 out of the Senate and would be heard at the Assembly Transportation Cbrnmittee 42 mid-August. He explained that the bill.requred each county have an expenditure 43 plan in place prior to the November 2000 election. He reported that the Port 44 Sonoma project was just a concept at this point, but could someday become a 4s ferry terminal. H'e.stated the traffic signal at E. Washington and Adobe Road. 46 would be done in a year or so depending on funding as it was on the top of the Vol. 33, Page 21.6 July 19, 1999 1 priority list. He reported on the traffic. problem, at the Old; Adobe School and, 2 continued discussions to ,improve. the: situation. He stated he had added to .thee 3 County priority list the underground utilities on Bodega Avenue. He stated he was 4 co-chair on the North Bay 1Nater Shed' Association:, which was creating an MOU s for developing community support for Watershed Management Program. in the 6 North San Pablo Bay Region. g Council,.Member Keller~stated that if a hub at Port..Sonoma,was developed,;it 9 would be incumbent upon the Board~of Supervisors fo snake sure the growfh to inducing aspects: of the :transportation. hub did not- become a reality.. 11 .... 12 Council Member Hamilton agreed with Council.Member Keller that~developme.nt 13 show d be kept. to a minimum ar,.ound Port Sonoma. 14 'ls Council Member Maguire asked if there had been -any further news on the 16 Outdoor Recreation Plan. 1~ is Supervisor'I<erns stated'the`,hearing had been.set for August 24, 1999, 7`:QO.p.m. 19 at the Board of Supervisors. - 20 21 Council. directed city management to agendize for October 18, 1999, Surface 22 Water Management and 'incite the county to participate.. . 23 24. UNFINISHED BUSINESS ~~ ~ ~ ~ . 2b 10. Discussion and Possible Action on Proposed New 1Naste.water Facility T're`atment 27 Project ,(Ban/Stouder) ~ ' 2a 29 Mr. Stouder reviewed the staff report: and the history of the project.. - 30 31 Don Evanson, Montgomery. United Water,..aummarized the project processes `to 32 date.. He reviewed a 'handout ,regarding risks the company would b'e .taking. He 33 urged the Council to contihue with the: project as they were ready fo work. with. the 34 city in a true public%private partnership to make -the project happen. ` - 35 36 Pat:Gallagher, Project Consultant; reviewed the two ageeements'that provide the 37 differences in the pricing under the two options. He discussed the privatization 38 agreement .and identified: major .risk. areas for the city as well. as the risks 39 associated, with, public ownership. 40 4i PUB.LIC, COMMENT 42 ' 43 Vasco Brasil, 4551 Lakeville Hwy, did not want council to make a decision tonight 44 because he did, not; have epough time to. read, th'e information. He then read a 4s prepared statement; asking. many questions relative to the financing, of the project. July 19, 1999 Vol. 33, Page 21'7 i and expressed opposition to the project and suggestedexpansion ofi the existing 2 plant. 3 4 Terence Garvey, 83 [Vlar.ia Drive, spoke in favor of a publicly owned facility siting s the bidding process and that Council had not followed its own written procedures. 6 ~ John Barella, 496 Jasmine Way (North Bay Construction), spoke in favor of a s privatization agreement with Montgomery United Water. 9 io PUBLIC COMIVIEIVT CLOSE® ii 12 Council Member Keller commented that he did not have good answers to a fully 13 private ownership of the facility. He reviewed the requirements of the 14 Privatization Act of 1985 and felt they could not be met. He reviewed the is Privatization Agreement and pointed out where he felt the. agreement was not 16 acceptable. He fell there was no financial incentive to move forward with a. i~ private agreement.. is i9 Council Member Torliatf agreed with the concerns expressed by Council Member 20 Keller. 21 22 Council. Member Healy expressed concern about getting the best possible deaf: 23 for the citizens and.. the 11 years the project .had been discussed. He agreed that 24 public ownership made the most sense. He reviewed all the financial reasons. 2s 26 Council. Member Maguire concurred with the previous speakers' comments. He 27 pointed out that the law under which this. process began is the. Privatization Act of 2s 1985 and. to date no other city in the state had utilized the law to pursue a 29 privatized approach. 30 31 Council Member Hamilton agreed with other comments made. She stated she 32 did not believe thaf privatization protected the ratepayers. 33 34 Mayor Thompson agreed with the other Council Members.. He stated he would 3s like to discuss the design/build concept at a later date. 36 37 Council Member Maguire read a statement- he had received from Council 3s Member Caller-Thompson, who agreed public ownership was more beneficial ao. 39 the ratepayers. 40 41 Discussion ensued relative to the design and construction of the facility and. the 42 next process, having the steps and choices available laid out in a very clear path, 43 options, and financing available. 44 45 MOTION: Council Member Keller moved, seconded by Council Member Maguire., to 46 direct staff to bring back a resolution establishing public ownership of a Waste Water Vol. 33, Page 218 July 1~9, 1999 Facility :Plant: and to come back wifh a program on a publicly=owned plant that included.. 2 decision thresholds for design and construction alternatives' and schedules. 3 4 MOTION PASSED 6/0/1, Council Member Caller=Thompson absent. s 6 RECESS s 9:40 p.m. 9 to RECONVENED. 11 12 9:50 p,m. . 13 14 Mb~ed new business item' #12 to'item #11 (ahead~~of the Public'Hearirig) 1s 16 NEW' BUSINESS. - 1~ - - 18 11. Discussion and Possible A, ction on Landscape Assessment Districts (LAD). (Carr) ;ZO Mr. Carr reviewed the staff report.: He stated that there was a LAD hotline: and'.. 21 residents within each .LAD would receive a letter outlining their responsibilities 22 after the public hearing. 23 - 24 Council question and answer period .by City management ensued Zs 2s PUBLIC COMMENT 27 . 28 • .Louise Vicino:; 1717 Brompton Street; tharileed the City Council for 29 reconsideration ;of the LAD at Caller Farms got: after the failure of the last one:. 3o She stated she wanted something to be done about smaller medians. 31 32 • Bruce Lundquist, 52Q ,Almanor, stated he was happy about th'e Caller Farms 33 ballot'b.eing approved bu't was concerned about City nnanagement as there had 34 been 4 ballots, 3 years.,. and a $10.0;000 deficit. 35 36 City Manager Stoud_er.stated; that the 'information about the Caller '.Fauns deficit 37 .and the.cfiallenge to resolve it was detailed openly: - 38 39 MOTION': Council Member Hamilton. mo~etl, secopded by Torliatt; to set 'the date. for 4o the Public Hearing on the LADS for August 2, 1999. - 41 42 MOTION PASSED: 6/0/1. Council Member Caller-Thompson absent. 43 44 45 46 July 19, 1999 Vol. 33', Page 219 1 'PUBLIC ':HEARING ~. 2 -. .. 3 12. Appeal of. Planning Commission and Planning Director's, Determination-that the 4 Ferrin Tentative Parcel Map, is not Deemed Approved by Operation of Law Under s the Subdivision Map Act, and/or the Permit Streamlining Act. (Smith) 6 ~ Mr. Smith reviewed the staff report on the appeal. s . 9 PUBLIC COMIIIIEnIT to 11 Paul Allen, 2432 f Sfreet, read prepared remarks relative to why he believed the 12 tentative map should 'haze been approved on 11/20/98 and stated that it had 13 been deemed approved by operation of law on 12/27/98.. 14 is ® Jani Walker,, 249.6 .Sunset Terrace,, spoke in opposition to the Ferrin Tentative 16 Map and urged Council. denial of the. appeal. She pointed out that the road in v question has existed for 40 years. is . 19 ® Mr.Rudnansky, in .response to a Council' question, explained that the only issue 20 on appeal was whether or not the project had been deemed.. approved as a 21 matter of law. He reiterated -staff position, as supported by law, that .the time 'limit 22 in which to .approve the. tentative map only began once the environmental. review 23 was complefed. He pointed out that when comments came back from the ,public, 24 it was determined there. would be a need for #urther review so there has never 2s been a final environmental review. - • 26 ., 27 ® Will Hopkins, 2490 Sunset Terrace, spoke in favor of Council's denial of the 2s appeal. 29 . 30 Courtland Pe tlan spoke in favor of denial of the appeal. 31 32 Bryant Moynihan spoke in favor of Council`s denial of the. appeal. He pointed out , 33 thaf a 5=lot subdivision. was not, according to the Petaluma-Municipal Code and .. as State Law, a minor subdivision, and should be applied for as._a major subdivision. - 3 5 ~ .. 36 Paul Allen rebutted statements made. He reiterated that on 11/6/9.8. Planning 37 published a notice that stated there would be no further review because the 3s amendment would rely on previous environmental review. He stated that once: 39 there had been an environmental determination,"the determination must be relied 4o upon except under very specific conditions. Fie stated he had asked fo'r those 41 conditions and th°ey had not been provided: He pointed out that an 42 environmental review was not done without a complete application. 43 ,. 44 Mr. Smith responded that the conditions were raised with the staff by adjacent 4s property owners.. He stated that the applicant was not in the position of 46 determining what was. substantial. Staff thought the issues substantial enough to Vol. 33l Rage~220 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 is 19 20 2~ 22 23 24 25 July.19, 1.999 go forward with additional environmental analysis a.nd incorporate additional. mitigation measu"res to be held up to public hearing., Mr. Allen did not agree that (here was substantial evidence; rather he thought it was. a controversy. He reiferated. that on 1 l%6%98+ the application was considered complete: and needed no further environmental ;revieuu. He explained that once. environmental review was completed:;: a lead agency had 5b days to ,approve;, conditionally approve; or deny ~an applica#ion. Those "50 days, were up on 12/27/98. Mr: Smith;,explained thaf the-statement of-the number ofi days required,#or action to occur was :in'accurafe., He sfated staff sent out a notice that- said the project was: being considered aril there were 14 days. to comment. .He explained. `thaf the project was not ;approved when- thenoticewent out. If the comments were substantial enough to warrant a public. hearing, a hearing could be scheduled.. . He: stated that is what he chose ~to do, based on further evidence, from the .. neighbors.. He continued to review the record: Mr. Allen rebutted the statements of~ Mr. Srriith. PUBLIC COMMENT CLOSED Council Member~Maguire `felt staff had followed proper'procedure and the appeal ish;ould be denied if legal .counsel agreed. .26' ~ . Mr: Rudnansky felt a determination was not~made because a notice was sent out 27 requesting comments. 2s 29 IUIOTION •~~ Council Member Maguire :moved, seconded by Torlaft°to adopf~Resolution 30 99 -148 N;C.S. denying .ihe appeal for 243.2, ,2430, -and 2494 "I" Street,. APN 019 401- 31 X013 also known as the ':Perrin Tentative Parcel Map: 32 :33 AYES: Hami_Iton; Healy; .:Keller; Maguire', Thompson, Torliatt 34 'NOES: None '3s ABSTAIN: None:. ~x.~ 36 ABSENT`. C.ouncif Member Caller Thompson `37 , ' _ 3g:. MOTION. PASSED:, '6-0-1 . 39. _ . 4o C.OUNCIL,AIVD STAFF. REPORTS . 41 . 42 =Liaison. Reports. 43 44 .CITY MANAGER'S. REPORT °45 46 Noney •- 47 July 1'9, 1999 Vol. 33, Page 221. 1 ADJOURNED 2 3 The meeting adjourned at 11:20 p.m. 4 5 6 7 g ~ E. Clark Thompson, Mayor 9 10 11 ATTEST: ' 12 _1 ~~ Beverly J. Kline,.. City Clerk . 15 16 17 18 19