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HomeMy WebLinkAboutAgenda Bill 1.A-Minutes 11/01/2004I u I l I; • I. n o v of a ," ��ALLT J • Cat o Petaluma C'acli ornia.. I .I M�EE�N , HE PETALU, F Y CO.UNOL /PETALUMA COMMUNITY G OF� T MA'CIT UNITY DEVELOPMENT COMMISSION DRAFT City Council /P CDC Minutes Monda October 4, 2;004 - 3:00 P.M. R guldr AMeeting ' °i . ' . , ilia• 1 MONDAY; OCTOBER 4, 2004 AFTERNOON SESSION 2 1 3:00 "P.'M. 3 4 CALL TO "'`OR DER m ` 5 6 _ A. Roll Call 7 8 Present: Thompson, Healy; O'Brien, Glass Torliatt, Moynihan 9 Absent: Harris 10 11 B: Pled g g' a 6f Ali" lance Council Member Healy 12 ® 1 13 PUBLIC "COMMENT 14 15 Lon 'Wiley, Petaluma, addressed the Council regarding his property at 3 Ricci Court that 1.6 he and his wife have, been trying to su bdivide into two parcels. They began the process 17 with Planning n Jul 10,. 20 g y 03; They met with the Planning Commission on July 13, 2004. 18 On July 28 th theyi attempted tofile ' the pp e . h ,the City Council but was told by the ira al wit 19 City Clerk that they were one day too late. They sent, 'a letter to the Council on July 28, 20 2004 regarding their' late appeal. He said that they, had checked with the Planning 21 Department and were told July 28th was: the last doy`to' file... The Planning Department 22 stated' that' they understood the. Wiley's question to bd" if any other appeals had been 23 filed. I The, Wiley's had wdnted to answer in their appea any que "scions raised from any 24 25 other appeals and ,that was why were.waitin 'they 'g, until the last day.. He requested Council to accept'fheir appeal. 26 Rllayor Glass° as "ke d City Atforney Rudnansky if'there would be tiny legal issues regarding . g ` e Council's discretion precedent 28 ,�� a enduing this ,and he," 1 sciid ;there would not be, but •a 'dded this could set 29 °I for 'others who file late appeals. He said it would be at the Coun " ' to grant 30 this request, 31 . p g. anon and atm e C ommunity Development Director Mike. oor 33 Me &�' a nnr the asked f memo from t commendation. 35 Counc Brie W" y n ., 34. O' elt' that the � � � of lesh� ad'" bee' � ' d ela y ed and' there was an 36 acceptance, o eal from the other a late app r party; he felf it would be fair to grant their .• 37 app eal. eal. ,38 �l Vol. XX, Page 2 October 4, 2004 4 I Mayor Glass'asked for direction and`1811ow�up on Oct ober 18 200416 consider b06rin g 2. their appeal and scheduling if �or, if,.Com, munit_y Development recommended,, he"'a - Ti . ng 3 the appeal, to hear on October 18; 2004.A staff report' was requ.e for the iCouncil 4 and the applicant to review 5 6 Dianne Reilly-Tort6s,, PiRldi u ma,talked 'a bout 'Measure S, the,Raihi c9uld not - 7 find copy at City Hall bU.tL stated that as. she remembered; t he Rainier proj ect Oct could not 8 movb forward unfil,:a Me(;.hanism..was'fQQnd and assurances that other -9 won t use it to mitiga te e Qenerd Pla � Ws ::preferenc-b forRainier 10 traofimitigate�rafficd. and, said the, plan sed She, eryone to vote ,"No" 'R9 11 Measure S 12 13 Gk6ff Cb.d.wright,'Petalurna, spoke 'ab out the fill at the Kohl's site, He" spoke to ih& 14 - engineers; regarding the project and stated the'y,i:did not seem to know about the, fill. He. 1 5' 7 t' stated th I— Zero Nt Fill nce did not cOv'r this areci; 6nd that it had !ap�sed in ­ . o P 6 October 2003..He. ci"sked to reinstate this ' tdinant' ordinance. e. 17 I& Frank - Simpson, Petaluma, PINS, stated fheir,effoirtsJo alleviate fhe problem..;of shopping 19 e Cart 'bli0ht cl,failocl. He referred, to the," Plaza I Ian to'build a large I r H` p e y s tore. , suggested requiring a."6drtronics" system for the�'Whole� area 'like the system at Rohnert 21 Park's- - Safeway. He explained -the, lack 'of response, by store managers. to the cart problem. 23 24 Nqncee - TaVares, Animal Shelter Manager, made announcements regarding, the "Tilb 25 Program'." the,,, Fifth AnhO.01 Evehing for the Ahimals, Noverbber° &,,,,dnd,:ac1c1ed,,Jh - aton 26 November 6th all Sonoma County Animal Shelters will'.neuter tame . I " 6 ma161 Oa at''no 27 charge-. 28 .29 C61LINCILCOMMENT 80 31 Council M6rnb Re'ally rbsponclod to Mr.C&tvyright's ,comments that the, Zero 'Net Fill 32 ordi6anc'e was "extended to cover t.he; area, a nd he was not aware. t . haf the 33 ordinance had expired and Wanted staff to let Council. know. 34 35 Council Mern - ber To - rilatt , tstat * e�d she had, talked to 'Mr.-. 'Cartwright- and Our 11 ih his, 36 conversation staff he had hot been cl r bar on,4he number of truckloads of fill that bad 37 been removed and hoW many had been delivered. 'She wanjed this info rMcifi.onw 38 provided to C_ ouncil to a , 6 -allov.v'fhe m. to address the, issue w ith o fac ts'. 39 40 She gave an update on the Water Advisory Committee meeting and no fed that the J 41 in 1e - -f -1 Water Agenc)�s attitude was that the- ccntrad'tor - ere, "hot doing enough . ter 0 42 conservd4ioh. Thby'sugoested that the contractors should pay up to additional $3_ per " p _ ­!­. 43 r a acre -fpcit,fo,im, implement all of the ,Best Management prQcfliq!es,,��hOn 44 in the near future'. She said d letter would be drafted to clarify the mission'of the"Water, 45 Agency and Why they want to, go in this direction: 46 47 � None (Interim Finance 9 CITY MANAGER COMM Diredor J in) , 48 49 AGENDA_CHA AND .DELETIONS (Ch.anges to current agbheld only) 1 d.ctdb.er 4, vol'i'XX, Page 3 „� �' I 2 Mayor":G ancel U t g he e e v eninatabeenda 11cits Cy a-gien at, the oc should, g g and move those iterns to the October 18, 2004 4 agenda. 5 6 Vice Mayor Woy Moyn wanted to b' sure that the Council could address the General 7 ich he 'said'was 1-1/2 years hind schedule., He also mentioned �the whole Plan,. wh 8, c roce ss oosg nc bee h - a,gdrbage needed p 'fra' to b fully :aired and maintained on 9 the agenda. 10 11 Mayor Ill clarified that the agenda did not stateithat, there would be any discussion 12 regarding the gar Irahchise: He stated that' Council" had given direction to not 13 place. this, if em on the agendq.,;again, even , with; lCouncil Mem Healy and Vice Mayor 14 Moynihl requdsts:fo do so. `He stated it appears on th6'adencla, not for discussion, but 15 to allow the CoCjnci['_the . opportunity to decide if , they want to have this' discussioh. He 16 suggested 'that Council should have the City Manager present when any discussion takes place since he is the one-who will be negotiating; the franchise. He added that the 18 General Plan was on schedule. 19 20 Vice, Mayor Moynihan Was angry about the "shanghaiing" of agenda items, stating this 21 was inappropribte:''I 22 23 Council M em ber forliatt clarified'i wha' w :b6f ore 'Council was whether agenda 24 items were to be c or deleted and if they.were to cancel this evening's agenda. 25 • 26 27; Acting Cof ity Manager/Interimfinance: Director,�Joe Nett0r;stated that the Pamela Tuff, Directo General Plan Administ raton, w be uin6vdildble"bn October 18th. The 28 ressoiJlcl�' Council Rules cind, Policies could a dded by the City Attorney lint the afternoon 29 session or carry them over. 30 10 31 - Council Member' Hebly , w anfed to discuss the General Plan because it had been several 32 Re a'rba - hatter, he stated his months since it �, had been reviewed. garding the g ge r 33 concerns. about out discussion regarding the late submiffal'by North Bay that would open 34 the City Jo liability by, the ^other 'three 'propbsersl. H'4, stated, the City Attorney has 35 responded to these concerns and he did not support canceling the evening's session. 36 37 City Attorney Rudhansky explained that a majority vote would be required to cancel the 38 evening session. e call I that there-might be a Brown Act issue because cautioned Cal 39 the item was moved to the afternoon from the e vening :schedule. 40,,. 41 Mayor,G strongly endorsed his desire that M'anager be present during the " 0 ' ' 41' garbage pro'pdsq[ discussion. He polled the Counci , t determine if a qu&om .would be 43 ay.aildblo for, th6,evening session', and leJorned there would not be. 4� 45 Mayor Glass Made a MOTION -that Manager Bierman was absent; the 46 Council should. cancel the 6vening*a'gOncla and move those items' to the October 18, 141'' 5 2004 agenda. 48 49 Council Member Thompson 'seconded the motion: 50 51 52 i 1 2, 3 4 5 .6 8 9 10 11 12 1'3 14 15' 16 17 18 1.9 20 21 22 23 24 25 26 27. 2'8 29 30 -31 32 33 34 35 36, '3.7 38 39" 40 41 42 43 44 45 46 47 48 49 50 51 Vol. XX, Page 4 October 4, 2004 MOTION CARRIED BY THE FOLLOWING VOTE; AYfS:. Mayor Glass, , O, Bnen; Thom p son;..T'orliatt NOES: Healy,, Vic e.,Mayor'Moyniha ABSENT: Harris: Council a reed tomove the garbage' proposal item to "the ,l8, 2004 meeting' g ` g g October 1 and the General Plan discussion to a date to; be determin. ed, Vice: M a y or' Moynihan stated he was ve ry. 'co about the 'garbage` process. H e suggested' the process..of choosing a g arb age cOntraCt6r had' been "toinn He d l dn''t think the .Council was being objective and, . th certain members. of the Council had alr eac(y ci d tated wh om they were 'going to support regardless of the merrfs `af the, pro the, ratepayers" stand to lose because of the way the: process''; had been ,handled, 'He wanted to start with d, new RFP that requested actual bids outlining the and specifications °required. Council Member. Healy commented on :the process and gave :a history of how this: beg H e said t goal'.was to enha r nce ,SeFVice' , , prpvid yard waste Collection c sin le'stream.reC lih arl ' g y � g .,.� 'd get `the_ "same type of ,rate reduction that other communities, received, as they went through the process. He stated that the, 'three proposers have significant rate increases on the table and Council is directing staff to go, back �dnd ask', the proposers°to cut costs' and 'rt has not been determined if. they will be successful. He stated he was willing to air' 'issues 'wit the different proposers 'regarding safety, equipment reliability, and other company operations. He was concerned that the " process'wa.s ,going ,jo •s od'dle t citizens with a 'si g ni$c-ant rate-increase and W a nte d io tell staff and the proposers that if this - process brings a proposal with an 'incre to ratepayers, he Will vote; " N o. He asked other Council Members and candidates to take . this pledge as well. He stated that the Council is holding the.credit card of its constituents and they must move' very careful to a void a rate increase that the citizens d o not Git Y Y _ g brief remarks and to, of discuss tems '-that.lwil that foIrwa d in. the future and avoid debating the issues ,back; and for ;is no' agend10Jtem at, this time. . PRESENTATIONS /,PROCLAMATIONS s Employee, Service Awards forThird Quarter of 2004. Y Em p to ees awarded were:: 15'Year- - Leslie Ma nning, Finance. Department Five Yearn - Lisa Vincak,. Financeepa . Drtment; Five Year' Claire Cooper, City Clerk' Fine; Year° - Rene Cerini, A_nimaf, °Services; Five °Year - Nancee 'Tay res' Anirn:al Services; employees unable to: attend were honored by mention, as well. Human Resources 'Manager Pamaia Robbins, provided a 'specidl presentation . to Anna Santos of the Human Resources Department_ . ass the City's, Employee of the Third'Quarter in recognition Of her outstandingtperformance.. ® Proclamation D'esignati'ng Fire Prevention.'Wee;k' Accepted by Phil S'utsos, Petaluma Fire Department,, wh;o asked everyone to think,abou't fire safety. ill • • III October 4, 2004 Vol. XX, Page 5 2 m Comme e. Bricks. ry ' the City re: McNear Peninsula anon b I • ocal Rota Clubs o f, Check to 4 Rota rnernb l p ned the joint process that created ers introduced themselves and ex lai 5 this project in honor of the cenfennial` celebration',of the Rotary organization; they 6 presented a check' for $46;000' for the McNear Pdninsdai project. 7 8 ® Presentation 'b. Community Development Staff of. th ' y' N ew On -Line Parcel Viewer. 9 (Cooper /D'.O 10 11 Andrew D Ottavw ,GIS Technician,i explained this , new enhancement to the City's 12 Web page with an on -line dis system; he gave a brief history of the development of 13 the City's GISI'system." The access links were explained a'nd demonstrated. 14 15 1. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 2. A 36 APPROVAL MINUTES I A. City Council /PCDC. Minutes of September`13, 2004. Toe ncil Member Torliatt, page 1.3; line should read, "Council. Member latt .sa,w public support for the;fi e s tation and a larger site for the facility with. a the. Casa Grande site preserved. She-,felt the City could locate the fife station to' another vacant' lot if the "Council directs the City Manager „to 'purchase the property to meet the future needs of the community:''' She, dlso commented that more detailed minutes regarding the EIR for the Factory'Outlet might be' needed. g ' Council'Member Healy explained that this is why the tapes are available and rn'ade'a MOTION to approve the minutes „with'the one change that Council Member Torliatt requested' M/S Healy /Moynihan. CAR RIED ,UNANIMOUSLY (Harris absent)' , PPROVAL OF PROPOSED AGENDA Approval of Proposed Agenda for Councils-Regular Meeting of October 118 200,4. 37 A... 3 1 8 , ' ' L 41 L . 42 43 4'4' 45 46 3 3. C 47 48 M M 49 I It 52 M , mo P remov e Ma - I„ yor IlAoynihan removed 3 E. •3:Gand 31. Item d sc a I Member torliatt removed Item 3.8. r discussion OTION to approve Items A, C, F, and H. M/S O'Brien /Healy. k � 14, u „ L ti Vol,. XX, Page 6 October 4, 2004• 1 CARRIED!UNAMMOUSLY, (,Harris absenf)„ 2 3 A. Resolution 2004-1 90 .N.C.S. Authorizing, City Manager #o Execute the' First; 4 Amended_ Funding Agreement - .with, the Sonoma ,County Water Agency to 5 Receive Funding in. fhb; Amount of $2,197,9 in Support of the 'Phase 6 Recycled Water Pipeline Project: (Barn) ., , 8 B. Resolution ,Accepting Completion of the ..,2003 -2004 .Phase. 2, 'Street 9 Reconstruction Project 0500600. (forme °rly` 9846 -2 f,., (Sklad'zien /, ;C'ast.aldo). 10 This item wosremoved °for further discussion: 1 . 1 12 " C. Resolution 2004 -191 N:C.S. Appro � wing an Administrative Agreement far' 13 Collection of Assessments for Sonoma County Tourism; . BU sinest 14 lmprovem Area (BlA).. (Netter) 15 16 0: Resolution Rejecting All Bids` for the Petaluma Municipal Airpo No. 17 t'Proje,ct C1001:03 and Deferring the Project Until Sufficient Fundin Becomes' 18 Available. (Netter /Glose) This item was removed for further discussion, 19, 20 E • Resolution Accepting tin the, Com! eon of• the 2003 2004 Pavemenf g P lti 2 '1 Marnt - . enance ?rojPcf No. 0500500 (fornierly ) ( astaldo) 9732 9 . Skladzien /C 22 This .item; wes removed ;for further discussion: 23 24 F. Resolution 200' 4 -192 .N.0 ;S. Authorizing the ,Submittal of an ,Application, ZS' . Acceptance, of Funds and' Execution of a lodn Agree with,, the 26 California :Department of Transportation, Division of Aeronautics, for a Low- In terest Loan for the Airport Hangar'ProJect.. (Netter /close) 28 29 G. Resolution to Receive and File Quarterly Treasurer's Report. (Netter) This 30 item wps,removed for further' discussion. " 3;1 32 H Adoption . Second Reading). p ( g)• .of Ordinance 2113: N.C.S. Prezoning of 33 ' Parcels.to Planned Unit; Development Districf. (Moore)' 34 ; 35 ,; I: Adoption. (S'econd Reading) of Or'di'nance 2194 iY.C:S Amending Section' 36 17.20.070 of the Petaluma Municipal Code. Requiring Installq #ion of 3`7' Automatic Fire Sprinklers in' Prot- Existing Building - s in the Historic Downtown " 38'` f3usiness: `District. (Albertson /Ginn) This item "was :removed for ° further° 39 discussion: 40 41 J,: Resolution 2004 1.90 N.C.S Authorizing City Manager to Txe.cute the First 42 Amended Funding Agreement with the. Sonoma County'Water Agency t- 43 Receive Funding, , in, the Amount o g t of .$24' 1.97;9 L"3. ''in Support !'of- the Phase 44 Recycled Water Pi , eline Project. R p 1 (an) , 45 _ 46 K. Resolution 2004- `193 N.C.S. Accepting Completion of1he,2003-2004 Phase . 47 2 Street 'Reeonsffuction Project C500600, (formerly, 9846 =2), (Skladzien / 48 ,C is 'This item wos removed. for further. discussion: 49 „ 50 51 i „ I� y� 1 3 4 5 6 7 8 9 1Q 11 12 1''3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3:9 4 , 0 41 42. 43 44 45 46 47 48 49 50 51 October 4, 2004 ITEMS REMOVED,.FOR.DISCUSSION i,,'NU2 Vol. XX, Page 7 p „ B. 'Resolution Accepting Com ° p letion of the 2003 -2004 Phase 2 Street Reconstruction. Project C500600 (formerly 9846 -2) . (Skladzien/ Castaldo). " Council 'Me.mber `Torliatt asked if inspections had been done on every street that had been repaired. She was concerned that temperatures were too high to lay asphalt on days that she observed work being done. She - wanted assurance that the product would last for the long term. ` Public Facilities and Services. Director Ric k Skladzien answered that every single street had been inspected. He stated that there are no requirements or restrictions on paving during the heat of the day; problems occur with laying asphalt'when temperatures are low. MOTION to adopt the resolution. M/S Torliatt /O'Brien. CARRIED UNANIMOUSLY. (Harris absent) D. Resolution Rejecting ll Bids for g the Petaluma Municipal Airport Project No. C 100103' and Deferring the Project, Until' Sufficient Funding Becomes Available. (Netter /Glose) PUBLIC COMMENT Stev Geney, North :Bay Construction,, stated that his company did not want to see the bid rejected. He said th''ey had worked with the Airport Commission) and had offered to bold the price on the bid until April 15, 2005. He said this would save the City fuel, materials, time, and labor costs 'by accepting this letter's offer. Acting City Manager/Interim. Finance Director Netter responded that staff would, like to see the.project continue but this lowest bid is well over the $700,000 engineer's estimate and there were items not included in the budget !that would raise the cosh. H.ei. said a consultant was hired and recommended rejecting all bids, making' some design changes, and re- bidding in the winter. Council : Member Torliatt wanted to hear from the Chair of the Airport Commission." Council Member O'Brien, as liaison to • the Airport" Commission, stated that he did not-fully'support the consultant' s' recommendation to reject the bid because if the City rebids next winter, and the bids come„ in. higher, the consultant would not make up the - difference. He felt that a lot of changes could be made to the project to save money and asked Tom McCaw of the Airport Commission to explain. Council Member Healy asked if the consul tant responded to Mr. Geney's concernsabout material and subcontractor costs. Vol. XX, Page 8 October.4, 2004 1 Mr. Netter explained that because, all the -bidders used the same 2 subcontractor for the.prefab buildings; the costs should be uniform but a! 3 varied "because the. presentations were different. The consultant feels 4 strongly that the City would receive more bids during winter, and al" 5 feels that. the cost of steel is s'tabiliz'ing. 6 7 Council Member Healy.,asked :how long this• project could. be delayed to 8 still complete construction in the spring._ 9 10 Mr., Geney replied that a 30 -day delay would be okay- and with the' 11 design ,used .it ,could be built through the winter because of the lime 1 treotment� He'said that using me 'hangar constructor is' a sign that 1 3 the company is the most competiti e 14 T issibn that there are over 1401 G 1b o he� t n� list and the people hang g y want to complete. the projecf 17' as soon as possible and ge,t the` revenue `stream started. He said mth&. 18 Commission had ,looked at how to. modify the project to lower the cost. 19 They, didn't want to reduce the square, footage as that'would reduce the „ 20 revenue sfr,.eam. However„ the brick facing; requested- by the Pedestrian 21 and - Bicycle Advisory Co m- MI t;'tee on the end, walls of the buildings facing 22, Sky Ranch Drive could be _eliminated as they would soon be .hidden, by 23 landscaping., On the future project list is a terminal building -The FAA,.will 24 grant the City, 95% of the cost of a terminal. The showers (also requested 25 by the PBAC) could be included in, the new: term inal. 26 27 He said' the! cost. of the permits carne to $500,000 with $300,000 for traffic 28 mitigation: °Het stated', that a' traffic- consultant had been paid for and 29 stated that there would be. no additional traffic. ,He said an`ofherissu,e was 30 that the- FAA, which governs airport operations, specifically precludes 31 diversion of revenues for non= airport.related_ benefit. He felt that if they "qre. 32 required to pay traffic mitigation'`as permit fees, this would violate the 33 FAA''s_regulations and prevent'the project from going forward. . :34 , 35 Vice Mayor Moynihan fully supported eliminating the brick facade 'and. 36 Showers and. did not support' throwing out the '.bid. He wanted staff to 37 investigate eliminating portions to lower the costs and bring something 38 back`to Council. 39 40 Council Member Torliatf :stated she would° be willing to take this ,up on 41 October 18th. She supported the restrooms in the .terminal facility and" 42 eliminating the brick facade, if landscaping was .going to cover if.. She'. 43 stated the traffic mitigation fees' are. paid by everyone else and this, 44 project should pay these as well, She "wanted toi, see if value, engineering 45 could be :done. to reduce the cost She added' that this is ,a very n_eeded 46 project and .she is very supportive of - getting it do -ne: 47' 48 Council Member Thompson asked °Mr. ;40tt.er if there was funding Ito, 49 'comp'lete this pro j ect 50 S Sf I � iii ail I • 1 ' 3 4 5 6 7 8 9 10 11 . 12 13 14• 15 16 17 18' 19 20 21 22 '23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40c 4`1 42 43 44 45 E. 46 47 49 50 51. 52 October 4 2004 Vol. XX, Page, 9 Mr. Netter replied that $4. 1 million is available from bonds and FAA grants - butif the total prices come in as projected, the cost could be up to $6 million. M r. M C Gaw no.tedi that Airport Manager Mike Glose has contacted the State. Money is available and -they are willing to lend it to the City. Obtaining a loan would be a four -month process. Councill Member Thompson said he would like to accept North Bay Corporation's bid, start the project, and have staff come back to Council with recommendations about the showers and brick' fapade. He would be willing °to waive the fees`.• Mayor,Glass pointed out that,, "the faster you move, the quicker you take on debt' Counc'il,lMember'l ly would'like to award'the contract but was not sure how to m forward procedurally: He asked the City Attorney for his ; opinion. City Attorney "Rudnansky advised Council' - that if they were not going to reject all••bids, they should allow staff to bring back an appropriate resolution. Council Member'Torliatt reminded ,Council that 'the reduction of the fees could affect the General Fund budget for next year. She stated that the City's overhead costs incurred from:a management standpoint are not included'in the consulting contract. Mr. McGaw noted that the Airport does pay overhead for miscellaneous . City services. Mayor "Glass clarified for staff that Council agreed to remove the brick facade requirement, the showers in the terminal would replace the hangar, showers the fees could be adjusted, and project manager overhead costs would be covered by the consultant. Mr. Netter offered that staff would put togethera report that would outline fhe entire cost and address "value "e'ngi'neering, list all fees normally due and what can be waived, and hopefully reduce the price. Council consensus was to bring ° thi's item back ,ack ut the October 18, 2004 CouncW Meetin' Resolution Accepting the Completion of the 20 2004 'Pavement Maintenance Project No. C500500 (,formerly 9732 -,9):, (Skladzien /C:astaldo) Vice. Mayor Moynihan had concerns relgted,,t,o, the,,,rev,enue used to fund this and how the project went from a pavement maintenance project to building a park on.Industrial.Avenue. He °said he wasn't, aware that Parks an Recreation was coming up with capitaij to pay for this "since he I. saw this as funded as a Water Resources' project and did not see the Vol. XX Page 10 Qctober 4, 2004 1 justification of shifting the cost's ohe projects. He stated that, Pdtks .and. 2 Recreation had f, t ' over allocated funds and would' have to do an inter fund' 3 loan before year -end,. He also wanted to know how many of the sections 4 have, been slurry- sealed and 'if ,a program was in place that would provide 5 a'slurry - s_eal schedule fo,r'th'e'future. 6 7 birector of Public Facilities and Services 'Rick Skladzien explained t[! at'th'e, 8 park area 'became available, and- depdrtment was asked to linclude 9 this park in the project. He offered; to come back' with a staff report'fo: 10 address these issues and explain , revenue;:soueces and the slurry =seal l:l program. He- said he could only project, depending on ttie' revenue, how 12 many, and 'what streets would be sealed in the various city_ 13 neighborhoods. 14 15 Council`iMernber Torliatt made a 'MOTION ;to approve the: resolution, but 16 rescinded her motion when Couricil Member Healy;'Thorimpson and Vice 17 Mayor Moynihan declined to support the item. 18 19 W ,Netfer: explained that this would hold up the contractor's close out of 20 the project, and the 'details of the funding would be provided. He 21 suggested that this be moved. 22 23 "Vice Mayor Moynihan said he would agree to: accept the project and " 24 motioned to do so. 26 Ma .or �Glos y s refused his motion and; acce P ted '.Council' Member Torliatt's 27 earlier MOTION with'Council Member'O.Brien's second. 28 29 ITEM , FAILED WIT H'`THE,FOLL'OWiNG VOTE: 30 M /Ss Torliatt /O'Brien 31 AYES: Glass, O'Brien; Torliatt 32 NOES: Healy, Moynihan, Thompson 33 ABSENT! Harris 35 This item will be .brow ht ,back at the October' 1'8 2004; g � Council 36 .'Meeting: 37 38 G. Resolution 2004 -194 'N.C.S. to Receive and; "File Quarterly Treasurer's. 39 Report. (Neater) 40 41 Vice M'gyor' Moynihan spoke regarding the interfund loans `to the GBD 42 frohl the Low and .Moderate Incorrae: Fund. He was concerned about Jhe 43 large debt ,:in the ;Central Business,IDisfinct to the o,'ther districts `in the area 44 and dbout the'bondirig capacity of the' Redevelopment area: -45 46 Acting City Manager %Interim, Finance Director Netter explained that the: 47 LMl was funded. by setting, aside +20% from the City's 'tax increment.. He 48 stated -that the bohds "were.sold 46;,finance improvement in the downtown bed other .areas. He explained these bonds are held by trustee and can 50 drawn from as construction projects reach certain .levels of 51 completion. He said that because the fiscal year ended in June, to avoid' ' and borrowin process was used.,by ry g g borrowing car . m ,' ne ative; balances,. the.inter f r.a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29' 30 31 32 33 34 35 36 37 38 . 39.. 40 41 42 43 44 45 46 47 48 October 4, 2004 Vol. XX, Page 1 1 borrowing from the LMI since It had a positive balance and the interest is repaid as well as principle. He stated that the smaller CBD accrues less tax increment and it is no't sufficient so the loan between the funds is growing. He also stated that there have been discussions to merge the two districts and when this is completed, the loans will be canceled out. MOTION t'a adopt the resolution. M/S Mo;ynihan /Torliatt. CARRIED UNANIMOUSLY. (,Harris absent) I. Adoption (Second Reading) of Ordinance 2194 N.C.S Amending Section 17:20.076 of the Petaluma Municipal' Code Requiring Installation of Automatic Fire Sprinklers in Pre - Existing 'Buildings in the .Historic Downtown Business District. (Albertson/Ginn)� -Vice Mayor Moynihan'recused` himself because he has clients in the area. ,,Mayor Glass asked that a letter received;.bepart of the record. 'Council Member Torliatt asked fora response to this letter. MOTION to approve the ordinance. M/S O'Brien /Glass. CARRIED. BY`THE,FOLLOWING VOTE: AYES: Glass,. Healy, O'Brien, Torlia #t, Thompson NOES: None ABSENT- Harris RECUSED Moynihan ADJOURN TO CITY COUNCIL CLOSED SESSION PUBLIC COMMENT _ None. , ADJOURNt TO CLOSED°SESSION ■ CONFERENCE WITH LABOR NEGOTIATOR: ,Government Code §'54957.6. Agency Negotiator: Michael Bierman %Pamala'Robbins. Employee Organization: IAFF Local 1415 and Unrepresented Employees. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government" Code §54957(e): City 'Ivlana'ger':. ■ CONFERENCE WITH. LEGAL COUNSEL - EXISTING LITIGATION (Government Code, §54956.9(a)) . Thompson vs City of Petaluma (Sonoma County. Superior Court Case # SCV- 225'667). City of Banning al vs: James; Jones Company et al. (Los Angeles Superior'Court Case .# BC321513)` ■ CONFERENCE WITH. REAL PROPERTY NEGOTIATOR: Government Code §,54956.8, Property: 368 Petaluma Boulevard North,(APN #006463 -040). Negotiating Parties: Mike'Bierman (City) and Carol V' ironda and Russell. J. Ghilardi (Property Owners)'..Under'Negotidtion: Price terms of payment,, or both. i . u 2 3 ,. 4 r 5 r.a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29' 30 31 32 33 34 35 36 37 38 . 39.. 40 41 42 43 44 45 46 47 48 October 4, 2004 Vol. XX, Page 1 1 borrowing from the LMI since It had a positive balance and the interest is repaid as well as principle. He stated that the smaller CBD accrues less tax increment and it is no't sufficient so the loan between the funds is growing. He also stated that there have been discussions to merge the two districts and when this is completed, the loans will be canceled out. MOTION t'a adopt the resolution. M/S Mo;ynihan /Torliatt. CARRIED UNANIMOUSLY. (,Harris absent) I. Adoption (Second Reading) of Ordinance 2194 N.C.S Amending Section 17:20.076 of the Petaluma Municipal' Code Requiring Installation of Automatic Fire Sprinklers in Pre - Existing 'Buildings in the .Historic Downtown Business District. (Albertson/Ginn)� -Vice Mayor Moynihan'recused` himself because he has clients in the area. ,,Mayor Glass asked that a letter received;.bepart of the record. 'Council Member Torliatt asked fora response to this letter. MOTION to approve the ordinance. M/S O'Brien /Glass. CARRIED. BY`THE,FOLLOWING VOTE: AYES: Glass,. Healy, O'Brien, Torlia #t, Thompson NOES: None ABSENT- Harris RECUSED Moynihan ADJOURN TO CITY COUNCIL CLOSED SESSION PUBLIC COMMENT _ None. , ADJOURNt TO CLOSED°SESSION ■ CONFERENCE WITH LABOR NEGOTIATOR: ,Government Code §'54957.6. Agency Negotiator: Michael Bierman %Pamala'Robbins. Employee Organization: IAFF Local 1415 and Unrepresented Employees. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government" Code §54957(e): City 'Ivlana'ger':. ■ CONFERENCE WITH. LEGAL COUNSEL - EXISTING LITIGATION (Government Code, §54956.9(a)) . Thompson vs City of Petaluma (Sonoma County. Superior Court Case # SCV- 225'667). City of Banning al vs: James; Jones Company et al. (Los Angeles Superior'Court Case .# BC321513)` ■ CONFERENCE WITH. REAL PROPERTY NEGOTIATOR: Government Code §,54956.8, Property: 368 Petaluma Boulevard North,(APN #006463 -040). Negotiating Parties: Mike'Bierman (City) and Carol V' ironda and Russell. J. Ghilardi (Property Owners)'..Under'Negotidtion: Price terms of payment,, or both. Vol. XX, Page 1.2 October 4,.2004 1 ADJOURN . . 3 The.rneeting was adjourned at 5135 p.m:. 4 5 6 7 8 9 10 Dayfa , Glass, .Mayor 11 12 13 14 Attest: 15 16 17 18 19 20 21 Claire Cooper, D "eputy City Clerk 22 23 _ 24 25 27 28 29 3.0 32 33 3 5 36 37 38: , 39 40' 41 42 43 44 4 ° 5 46 47 49