Live Updates From the Sonoma City Council Meeting

We'll be posting live updates from tonight's city council meeting. Check back with Sonoma Patch starting at 6 p.m.

6:07: Council is starting to trickle in from closed session.

6:10 Public comment time. No one has comments (what?). Councilman Ken Brown attended the memorial service for Mike Lee today. "There are lots of us - either in the wine business or not - who got our start from the generosity of Mike Lee." He also wanted to thank Impact 100 for their generous donations.

6:13 Councilman Tom Rouse wanted to remind people of the June 5 "Ox Roast." He said attendence has been down, but Infineon Raceway moved 'Sonoma Day' to the Saturday before the event to increase attendence. "It's the biggest fundraiser we have all year round." The Native Sons barbeque is the next weekend. "I'm not an official native son, but I was born here."

6:14 Mayor Pro Tem Joanne Sanders said that an item on the supervisors agenda is the abandonment of Highway 37. "That is something we should really keep an eye on and let our supervisors know," she said.

6:17 Mayor Laurie Gallian said that Friday's economic forum, sponsored by the chamber of commerce, had an upbeat forecast. "It's not good news, but it's better news," said Gallian. She also attended the Saturday morning meeting of the , part of Daily Acts' .  "For this community, it's really something of a rebirth," she said. "No small effort for this small group, they've been working for many years for projects such as this."

6:22 Reminders: Sonoma will celebrate memorial day with the Consul General to the United States for France in San Francisco, starting at 11 a.m.

6:22 More Reminders: City Council Budget Workshop takes place June 2, at the back room of the Community Meeting Room.

6:25 Regular City Council attendee Herb Goldenpaul is honored with a proclamation for National Safe Boating week. Golenpaul invites everyone to go to a Coastgaurd demonstration on Saturday, May 21, from 11 a.m. - 4p.m. at the Sausalito Pier. Golenpaul is a member of the coastguard axillary, and has served in the U.S. armed forces.

6:29 Consent calendar approved. Public hearing on an appeal on the Planning Commission's decision to allow the residents of 1301 Jones Street to build a second story addition.

6:32 Sonoma City Planning Director David Goodison says that the extension exceeded the floor area limitation - which is designed to keep buildings in scale with their lot-side - by just over 400-square feet. The owners applied for an exception, which was heard by the Planning Commission in March. The Commission required that the windows of the addition facing a neighboring property have frosted glass, but approved the addition 5-1.

6:35 Their neighbors, Robert and Susan Horwitz, have filed an appeal, arguing that there was not enough notice to neighbors of the public hearing. 

6:44 Public hearing with slideshow: the council must find that the exception "will not be detrimental" to the safety or health of neighbors. Thirty-seven neighbors have sent in letters against the addition, and the appellants have gathered letters from real estate experts stating that the addition will lower property values in the neighborhood. One estimated the Horowitz's property will decline by 4-7 percent.

6:48 The developer used affordable housing dollars to build the property on Jones street, meaning it must be approved for sale to moderate-income families.

6:51 The applicants are up. "It is clearly an understatement to say that my wife and I could have never expected that our desire to improve our living conditions would end up before the city council," he said. They believe the Horowitz family "duped" the neighbors into signing a petition, and they believe they've used professional contacts to get exaggerated professional opinions on the additions effects on property value.

6:54 Public Comment Stan Pappis: "I don't know of any area or street where a neighbors property is going to go down because a neighbor made an addition and improved their property. I just don't see it, I've been a mortgage broker for 17-years."

6:55 PC Cynthia and Steve Jones, who live on Engler Street, around the corner from the property. "We were under the impression that when these developments were made, there was a certain percentage that was to be allocated for affordable housing," said Cynthia Jones. "By them improving their property, it knocks one house out of that small pool of affordable housing." "The housing value will now go up, our kids, hopefully will be able to buy a piece of property in Sonoma," said Steve Jones. "That value could prevent our kids, or someone else's kids, from being able to buy their first home."

6:57 PC Judy Halman, who lives next to the Mulligans, says that both her home, and the Mulligans' home, is surrounded by huge houses. "That's the nature of the way our properties were built," she said. "We're all dealing with things out of our control that are devaluing our home, I can't imagine that one families desire to improve their home could add significant value to the neighborhood."

7:01PC: "If they want to improve their property so their family can live where they want to live, what's wrong with that."

7:04 Lisa Summers, who lived in an affordable housing unit on Newcomb street, says "it's not the house or the design of the house that makes houses valuable, it's the people in them. People who want to improve their home and stay make neighborhoods valuable."

7:07 Robert Horowitz, the appellant and a 32-year realtor, says that he knows that as a realtor his property value will decrease with a second story addition looking onto his property. "We're good people and we're going to get hurt by this," said Horowitz. "Everyone talking in favor of this is not going to be injured, we're the family that's going to be confronting this."

7:12 Back to council. Councilman Steve Barbose says he's met with both sides. "Property issues are the hardest," said Barbose, who says he won't support the exception because of space concerns.

7:15 Rouse: "If I was looking at a piece of property and choosing between that and a house that didnt' have a house behind it, I would certainly look for a reduced rate." Rouse says he will not support the exception. "When you look at something like this on a personal level, 'be a good neighbor,' you were given a gift of the tax payers of Sonoma, and were able to buy a house on the East side of Sonoma...I think on a personal level I would ask, when it's time to move on, we all move onto that second tier and let someone else get the same gift that we've been given."

7:19 "I'd say being a good neighbor goes both ways, I would allow this family to grow," says Brown. "All of us with kids understand the dynamics of kids, what schools they go to."

7:21 "I sympathize with the Mulligans for sure," says Sanders, "but I can't support the size of the small section. It's 30 percent of your dwelling." She will not support. She motions to uphold the planning commission's decision.

7:24 Gallian says that even if this addition is stalled, it might be approved in the future. Brown asks if the exception has to do with the affordability or the size of the unit. Goodison says that it's based on the size. "So if they wanted to improve in 30 years, they'd face the same problem they do now," said Brown.

7:26 Motion is upheld, 4-1, with Brown in dissent.

7:37 Back from break. Council is going to look at chain store regulation. Goodison says that the council is to discuss the process by which chain stores might be evaluated in the city.

7:40 "What's before us is what the procedure is going to be if we explore it," said Barbose. "Not weather we explore it or not."

7:41 David Cook says that he thinks the Planning Commission policy is enough. He also dislikes the term "business friendly." "I went to Freedman's today, I ate at Blackbear. I think that what the council should do is let the process work, you have a process, I would not go further on."

7:42 Stan Pappis agrees. "This is still a capitalistic society, and if someone thinks they can make a profit by coming into this town - whether it's Staples - and we've got an empty building, we should lease it to them...Let the market decide what's right and what's wrong."

7:43 Victoria Frank: "I think there needs to be some actual planning in the Planning Commission...not just 'if it fits it fits."

7:53 Kelso Barnett, who serves on the Planning Commission: "I like free markets and I also believe that the government that governs closest, governs best. I don't think there's any reason to ban chain stores...but if tomorrow I bought a McDonald's franchise, and decided to put it on the Sonoma Plaza, there would be no mechanism to stop-it. As long as I had pretty gold arches, maybe wood..and that is insane."He thinks limiting businesses on the Plaza is the way to go. "In business terms the Plaza is our brand, and you don't mess with your brand."

7:56 Jennifer Yankovich, CEO of the chamber of commerce polled everyone on EDAC. "They didn't feel that there was a need for more regulations...and Kelso, if you wanted to open a McDonalds on the Plaza you would have to go through a use permitting process," said Yankovitch. "It feels like an incredibly large formulaic discussion, we have many local owners of formula stores...many of them would probably fall under this discussion." She would like the council to use the Economic Development Advisory Committee.

8:00 Barbose says he placed the item on the agenda to encourage discussion.  "I don't think there's anyone who can say truthfully that they think that the way these hearings work is conducive to a productive dialogue. You get to talk for three minutes, then sit down, then we get to talk and you get to listen and we decide," says Barbose. "I thought we'd take a few people from the Planning Commission, a few from the Council, and some maybe from EDAC, and we'd try to find some common ground."

8:04 "This was one of the goals that I projected," said Gallian. "There was a cry from the public that we had to answer this question. It was the one question that everyone asked me. How come you have no input on this. How come we have no input on this."

8:05 Sanders: "We need to continue to have the chamber involved." She suggests inviting EDAC invited to meetings. "It would give you a nice collaboration and having something that will be more likely to gain some traction and pass the city council's vote."

8:12 Brown disagrees on the importance of inviting EDAC. "I'm out there in the community and Sonoma is seen as being both business friendly," said Brown. "The complaints came from small business-people that felt that their livelihood was being jeopardized. And they're right."

8:14 "I appreciate the suggestion of EDAC, but EDAC is not a land-use committee," said Barbose. "It is not an economic decision foremost, it is a land-decision...If EDAC's at the table, I don't see what the problem is."

8:18 Barbose motions to make a committee of two council-members, two planning commission members and two EDAC members, to have no more than three meetings and report back to council. Gallian seconds.

8:19 Brown would like to add two members of the public, as approved by the council.  Gallian seconds.

8:20 "That could take months," says Sanders. Still, council amends the motion to include two members of the public.

8:23 Motion to create the committee passes with 3-2, with Rouse and Sanders in dissent. Barbose appoints himself and Gallian to serve.

8:23 "Well as my dad said, that's a fine how-do-you-do," says Sanders. "I'm the one who serves on the economic development committee, I own a business..I also have a different viewpoint, I thought that you guys wanted different viewpoints."

8:24 "The business expertise is sitting to your right, and I'm not sure you have a cross-section of views with your selection," says Rouse.

8:25 "I've done a really good job on the funding committee," says Brown. "I don't think being a small business owner makes you the expert."

8:28 "Through my many years on the east coast, and I've actually worked in a store on the Plaza and gained research experience," said Gallian. "And I do not appreciate being put out for not having business experience." Gallian says she would be willing to step aside so the item can go forward. "Councilman Barbose knows my intentions and I will charge him with fully delivering them."

8:30 Rouse will be on the committee, which passes 5-0. "I find it sort of ironic that I'm on the committee, though I don't support it."

8:30 Barbose asks Jennifer Yankovitch and David Cook be the two EDAC members on the committee. Kelly says that the Chamber of Commerce may want to appoint their own representative.

8:33Motion to have the EDAC representatives be the president and a representative from the board. "I think putting it out to application is not the smartest idea since we can't even fill the commissions we've got," says Barbose. "This one might go faster," says Brown.

8:36 Brown wants to include Kelso Barnett and Boyce on the committee as public members. Sanders says since he has a regional agenda that's public he shouldn't be included. "Well, we've just included Ms. Yankovitch, who has a very public opinion that these things shouldn't be going on," says Brown. "And frankly Tom has a more open mind than you do."Silence.

8:38 "Well, do we have any further discussions," says Gallian.

8:39 "Well I think we should have more women on this committee, and I see a woman out there who wants to be on it," says Sanders.

8:39 "I think this has become a joke, and I'm not interested in exulting that," says Brown.

8:40 Motion for Ben Boyce and Kelso Barnett to the public portion of the committee passes, 3-2, with Rouse and Sanders in dissent.

8:44 Onto the renovations on K.T. Carter Park. "It looks like a bombshell went off, I'd agree," says Public Works Director Melinka Bates, who says that the park is still under construction. The picnic area was of large concern during public comment at the last city council meeting. She says that the water will be working by next week, and the picnic area will be repaired and updated to ADA compliant code.

8:46 As to the playground equipment, which residents complained was geared towards younger kids, Bates says the playground is catered to everyone. "We had very limited funds," says Bates. "I asked a kid what they wanted and they said 'a roller coaster'."

8:50 Bates says there is space available to add a climbing wall or second structure.

8:53 "I love the idea of community workday there," says Brown. "If there is in fact a significant amount of money left, I would want to spend it."

8:55 "If we can put a slide in there for $12,000, then let's put it in for $12,000 and put the $42,000 away," said Rouse.

8:57 Onto Nathansan Creek memorandum. In 2005, the city entered into the agreement to restore Nathansan Creek from a portion of East MacArthur Street - owned by the city - down to Napa Road. The Ecology Center procured a grant for over $600,000. One of the conditions of the grant, is an obligation of the Ecology Center to procure a document that would prevent the property from being sold by the City without State approval.

9:02 "Could you just explain this to me like I'm in third grade, why do we have this on the agenda," asks Sanders.

9:03 Public comment: Mark Newhauser of Sonoma Ecology Center. "All parties were aware of this particular grant, and the work that was to take place. I think in our own naivety, we thought we'd satisfied all land requirements with the MOU."

9:09 Sanders motions to authorize the Ecology Center to amend the MOU. "I want to commend the Ecology Center for all the great work they're doing. It looks great down there," says Sanders. Motion passes, 5-0.

9:10 Onto the possible creation of a tourism improvement district. The idea would be to provide for their businesses in the uncertainty of the visitors center and the redevelopment, and create a funding revenue outside of the city's general fund.

9:14 This would require a public hearing and the creation of a nonprofit board to administer funds collected.

9:15 "With respect to the finance department workload, and the city acting as fiscal agent to the district, is it expected we would need to increase staff to do that," says Barbose. Maybe, is the staff answer. "This has come forward so quickly, we haven't really had a chance to look into what the requirements would be."

9:22 Kelly says she's read the Napa Valley district management plan, but there's still a lot of open questions.

9:24 Public Comment: "We're not in a place to bring a resolution tonight, we want to work with staff and make it a collaborative effort." "It will require three more council meetings, nothing is being jammed through or pushed."

9:27 The formation would take a two month process, because of a 45-day waiting period. Those paying for the proposed project have to sign petitions. "In this case you're talking about a fairly small group, so I don't think it would take too long."

9:32 "You understand we're in danger of losing our CDA funding, which is where we get the $218,000 that the CDA gives the Visitors Bureau," says Barbose. "This is one way the city can get the services of the Visitors Bureau without spending diminished resources for it." He's in favor of going forward with it, but would like more information on what would happen if the city ends up creating a TOT increase.

9:38 Kelly says there was an informal agreement that the hoteliers would reimburse the city for staff time. "Mr. Park is nodding, that's good," says Barbose.

9:42 Kelly says that other cities that have this have city staff appointed to some of the commissions. "There's just a lot more education that needs to take place on the staff level so that we can give you the best education on how it could work - not just in another city, but how it could work for us," says Kelly.

9:43 Motion passes, 5-0.

9:44 This morning's "May Revise," continued the elimination of redevelopment, according to Kelly. Because there will be no special June ballot, the COPS program has no funding, which would cost $100,000 for Sonoma to continue the program.

9:46 That's it. Now the council will look at staff time for agenda items put forward by one or two council-members. Currently, there is no written policy, but there is an informal policy established in March, 2009, which states that staff should spend no more than 10-minutes on these items.

9:51 The staff has surveyed several cities on their policies, which are attached to the council's informational packet.

9:54 Barbose wonders if there can be a clause where more time can be spent if there is exigent circumstances, such as Staples, where time is of the essence. He also wonders if city attorney time counts.

9:56 City Attorney Jeff Walters says that the one hour rule is important to not waste city resources.

10:00 Public Comment: "Really what you want to do is protect the City Manager," says David Cook.

10:05 "In the item with Staples, which is sort of where this thing was born, I don't agree that there was an exigent circumstance," says Sanders. "I believe that was a product of staff spending a bunch of time and creating a moratorium  and then it exploded." Sanders thinks that staff should put item on an agenda at any point, but then the council should direct if any staff time should be spent on the issue.

10:09 "Whether it's an hour, half an hour, ten minutes, I just want it to be applied consistently, and I don't think it has been," says Sanders.

10:16 "Staff isn't overburdened, it would just be good to have a guideline," said Kelly. Walters says that one of the cities he advises has a cap of three-items that council members can ask of staff per week.

10:17 Barbose asks the staff to draft a resolution limiting staff time to one-hour on staff added agenda items, unless polling of multiple council members suggests otherwise, or unless there are some exigent circumstances, in the opinion of city staff.

10:23 Sanders motions to end the meeting and reconvene later. "This is our agenda, this our business, unless someone has some kind of medical emergency, I don't see the problem with finishing the agenda," says Brown.

10:24 "In my opinion I've been in meetings for 9-hours and I was in court for 3-hours before that and I'm about ready to go home," says Barbose.

10:24 Meeting is adjourned 3-2, with Gallian and Brown in dissent.