HomeMy WebLinkAboutMinutes 10/04/2004 October 4, 2004 Voi. 40, Page 269
.W~.~ L U~
a ~ City of Petalt~~a, C'alif'ornia
X85$ MEETING OF' THE PETALUMA CITY COUNCFLyPETALUMA COMMUNITY
DEVELOPMENT .COMMISSION
City Council/PCDC:Minutes
Monday October 4,.2004 - 3:00 P.M.
Regular Meeting
1 .MONDAY, OCTOBER 4, 2004: -AFTERNOON SESSfON
2 3:00 P.M.
3 '
4 CALL TO ORDER
5
6 A: Roll Call
7 '
8 Present: Thompson, Healy, O'Brien, Glass,. To~liatt, Moynihan
9 Absent: Harris
10
11 B. Pledge`of Allegiance -Council Member Healy
12
13 PUBLIC COMMENT -
14
15 Lon Wiley; Petaluma, addressed the Council regarding his property at 3 Ricci Court that
L6 he .and his wife have .been trying to subdivide into two parcels. They began the process
17 with Planning on July 10, 2003, They .met with the Planning Commission on July 13, 2004.
18 Oh July. 28th they .attempted to file their appeal with the City Council but was told by the
19 City,Clerk that they were~one day too late: They sent a letter to the Council on July 28,
20 2004 regardi'rig their. late appeal.. He said that they had checked with the Plahning
21 Department .and were. told July 28th was the-last day to file. The Planning. Department
22 stated that fliey understood the Wiley's question to be if any other appeals had been
23 filed. The Wiley's had wanted to answer in their appeal any questions raised from any
24 other appeals and that was why they were waiting until the last day. He requested
25 Council fo accept their appeal..
26 ~ '
27 Mayor Glass aSked~ City:Attorney Rudnansky if there would l?e any legal issues regarding
28 agendizing this and. lie said there would not be, but added this could set a precedent
29 for others who file late appeals. He said it would be at the Council's discretion to grant
30 Phis request.
31
32 Council Member Torliatt asked for a memo from Community Development Director Mike
33 Moore explaining. the situation and staff's recommendation.
34
35 Council .Member O'Brien felt that the Wileys had been delayed and there was an
36 acceptance of a .late appeal from the other party; he felt it would be fair to grant their
37 appeal'.
38
Vo1.40, Page 270 October 4, 2004
1 Mayor Glass asked for direction and follow-up on October 18; 2004 t,o consider hearing
2 their appeal and scheduling it;` or, 'if Community Development recommended. hearing
3 the appeal, to 'hear it on October 18, 2004'. A staff reporf was requested for the Council
4 and the applicant to review.
5
6 Dianne Reilly=Torres; Petaluma,. talked about Measure S, the Rainier issue. She could not
7 find. a copy at City Hall but,stated that as she remembered, the Rainier project could' not
8 move forward until a funding mechanism was found and assurances that other projects
9 won't use it to mitigate traffic. She: pointed to the General Plan's preference for Rainier
10 and said the plan used it to mitigate traffic. She encouraged everyone to vote "No`"' on
11 Measure S.
12
13 Geoff Cartwright,. Petaluma, spoke .about the ,fill at ;the 'Kohl's site. He spoke to the
14 engineers regarding the: project and stated they did not seem to know about the: fill. He
15 stated the Zero Net. ,Fill ordinance; did '.not cover this area and that if 'had lapsed in
16 October 2003: He asked to reinstate this ordinance.
T7
18 Frank Simpsgn, Petaluma, PINS,. stated their efforts to alleviate the problem. of shopping
19 earn blight had fdiled. He "referred to fhe Plaza plan to build a large grocery store. Ne .
20 suggested .requiring. a "carfronics" system. for the: whole area like the system ,at Rohnerf
21 Park's Safeway. He explained the lack of response 'by store managers to the cart
22 " problem.
23
24 Nancee Tavares, Animal. Shelter Manager, made announcements: regarding the "Tile
25 Program"; 'the Fifth Annual Evening for the Animal's," November 6th; and :added ;fhat .on
26 November 6th dll. Sonoma County Animal Shelters will neuter tame male eats at' no
. '27" charge.
28 ~ '
29 COUNCIL COMMENT
30
31 Council Member Healy responded. to Mr. Cartwright's commen, is that the Zero Net Fill
32 ordinance was extended' to cover the Kohl's area and he was not ~ aware that the
33 ordinance had expired and wanted staff to'let Council know,:
34
35 Council Member Torlidtt stated she had talked' to Mr. Cartwright and' during his
36 conversation with staff he had not been clear on the: number~of truckloads of fill that had
37 been removed and how' many had been delivered. She vvahted .this information
3'8 provided fo "Council ~to allow them to address the issue with all "the facts. "
39
40 She gave an update on the Water Advisory Committee meeting and noted '.that the
41 Water Agency's attitude was that the contractors were "not doing enough°' :in terms of
42 conservation. They'suggested that the contrac'tors`siiould pay up ~t'o an additional $3 per
43 acre-foot to implement all of the Best Management practices. when the contractors: vote
44 in the near°future': She said a lefterwould be drafted'fo~ask fo"r elarficatioh of the mission,
45 .objectives and goals of the Water :Agency with. respect to the best. management
46 practices.
47 "
48 CITY MANAGER COMMENT-.None (Inferim:Finance Director'Joe Nelter~filling-in).
49
50 AGENDA CHANGES AND'DELETIONS (Changes to current agenda only).
October 4, 2004 Vol. 40, Page 271
1
2 Mayor Glass suggested that because City Manager .Bierman. was absent, the Council
3 should cancel the evening agenda and move those items to the October 18, 2004
4 agenda..
5
6 Vice Mayor Moynihan wanted to be sure that the Council could address the General
7 Plan, which he' sdid was l-1/2 years behind schedule. He also mentioned the whole
8 process of choosing a garbage franchise needed to be fully aired and maintained on
9 the agenda.
_ 10 •
11 Mayor Glass clarified that thee, agenda did not state that there would be any discussion
12 regarding the garbage franchise. 'He stated that Council had given direction to not
13 place this .item on the agenda again; even with Council Member Healy and Vice Mayor
14 Moynihan's,requests to do so. Ne stated it appedrs on the agenda,. not for discussion, but
15 to allow the Council the opportunity to decide if they want to have this discussion. He
16 suggested that Council should have the City 'Manager preseht when any discussion
17 takesplace since he is the one who will be negotiating the franchise. He added that the.
18 General Pfan was on schedule.
19 •
20 Vice Mayor Moynihan was angry about the "shanghaiing" of agenda .items, stating, this
21 was inappropriate.
22
23 Council Member Torliatt clarified that' what was before Council was whether agenda
24 items were to be chdnged or deleted. and if they were to cancel this evening's agenda.
25
26 Acting City Manager/Interim Finance Director Joe Netter stated that the' Pamela Tuff,
27 Director of General Pfan Administration, would be unavailable on October 18~h• The
28 Council Rules and Policies, could be addressed by the City Attorney iri the afternoon
29 session or carry them over.
30
31 Council Member Healy wanted to discuss the. General Plan because it had been several
32 months sihce it had. been reviewed; Regarding 'the garbage matter, he stated his
33 concerns about discussion regarding the gate submittal by North Bay that would open
34 the City to liability by the other three proposers. He stated the City Attorney has
• 35 responded to these concerns and he did not support canceling the evening's session.
36
37 City Attorney Rudnansky explained that a majority vote would be required.. to cancel the
38 evening's session. He cautioned Council that there might be a Brown Act issue because
39 the item was moved to the afternoon from the evening schedule.
40
41 Mayor Glass strongly endorsed his desire that the City Manager be present during the
42 garbage proposal discussion. He polled the Council to determine if a quorum would be
43 available for the evening session, and learned there would not be.
44
45 Mayor Glass mdde .a .MOTION fhafi beeduse City Nlahager Bierman was absent; the
46 Council hould cancel' the evening agenda and move those items to the October 18,
4:7 2004` agenda.
48
49 Council Member Thompson seconded the motion.
50
51
52 •
Vo1.40, Page 272 October 4, 2004
1 MOTION CARRIED BY THE FOLLOWING VOTE:
2
3 AYES: .Mayor Glass, O'Brien, Thompson, Iorliat,t -
4 NOESt Nealy> Vice Mayor Moynihan
5 ABSENT: .Harris
6
7 Council agreed to move the garbage proposal item•to .the October 18, 2004;meeting
8 and the General Plan discussion to a date to be determined.
_ _ . .
9
10' Vice Mayor Moynihan stated he was very concerned about the garbage. process:. `He
I l suggested the process of ,choosing a garbage contractor had been "tainted.'' He didn't
12 think. the Council was being objective and that certain;. members of the: Council, had
13 already decided whom they were :going to support regardless of -the merits of the
14 proposals. He stated that the; ratepayers stand fo lose because of the wgy ;the process
15 had been handled. He wanted tb ~sf.art with a new RFP that. requested ac"fual bids
16 outlining the scope and' specifications required. •
17
1-8 Council Ntem6er -Healy commented on the process and gave a history of how this
19 began. He said the gogl.:was to enhance service, provide weekly yard waste :collection,
20 single-stream ,recycling, and .get the .same type of`rate reduction that other communities.
21 received as they went through the process. He stated that the. three proposers have
22: significant `rate increases on the table and Council is directing staff to go back :arid ask
23 the proposers' to cut costs"and, it has not 'been. determined if they will ,be successfuh. He
24 stated he was willing fo air issues with the..different proposers regarding. sdfety,
25 equipment reliability, and other company operations. He was concerned that the
26 process was going to saddle the citizens with a significant rafe increase and wanted,•to
27 tell staff and. the proposers that if .thin. process brings a. proposal with an increase to
28 ratepayers;. he will. vote "No.'` He asked other Council :Members and candidates to take;
29 this pledge as well. He stated that the Council is holding 'the credit card of^its constituents
30 and they must rnov,e,•very careful to avoid a rate increase'that the citizens do not warif.
31
32.- City .Attorney Rudnajnsky cautioned, 'Oouncil ;that Council Comment 'was. ,designed for
33 brief remarks .and fo not discuss items that. will come forward ih the future and avoid
_
34 debatin the issues'baek Arid forth because there is no agenda item at-this .time.
g
35
36 PRESENTATIONS/PROCLAMATIONS
37
38 Employee: Service Awards 'for Third Quarter of 2004,.
39 -
40 Employees. awarded were; 15 Year -Leslie Manning; Finance Department; Five Years
_
41 -Lisa Vincak, Finance Department; Five Year -Claire Cooper, City Clerk; Five Year -
42. Rene Cerini, Animal Services; Five. Year - Nancee Tavares, Animal Services;
43 employees unable fo attend were honored by mention as well
44
45 Human: Resources Manager Pdm61a Robbins provided a special presentation fo
46 Anna Santos of :the Human Resources Department, as the. City's Employee :of the
47 - Third Quarter in recognition of her outstdndirig performance,
48
49 Proclamation Desgnafirig Fire 'Prevention UVeek -Accepted by Phil Sutsos, Petaluma
50 Fire Department; vvho asked everyone to think about fire safety.
51
October 4, 2004 Vol. 40, Page 273
1 Presentation by Local Rotary Clubs of Check to the City re: McNear Peninsula
2 Commemorative Bricks.
3
4 Rotary members introduced themselves and explained the joint process that created
5 this project iri honor of the centennial celebration of the Rotary organization; they
6 presented a check for $46,000 for the McNear Peninsula project.
7 .
8 • Presentation by Community .Development Staff of the New On-Line Parcel Viewer.
9 (Cooper%D'Ottavio)
10
11 Andrew D'Ottavio, GIS Technician, explained this new enhancement to the City's
12 Web page with an on-line GIS system;" he gave a brief history of the development of
13 the City's GiS system. The access links were; explained and demonstrated.
14
15 1. APPROVAL OF MINUTES
16
17 A. City Council/PCDC Minutes of September 13, 2004.
18
19 Council .Member Torliatt, page 1'3, line 35 should read, "Council Member
20 Torliatt saw ,public support for the fire station and a larger site for the
21 facility'with the Casa Grande site preserved. She felt the City could locate
22 the .fire station to another, vacdnt lot if the Council directs the City
23 Manager to purchase the property to meet the future needs of .the
24 community."
25
26 She also commented that more detailed minutes regarding the EIR for the
27 Factory Outlet might be needed.
28 -
29 Council. Member.Healy explained that this is why the tapes are available
30 and made d MOTION, to approve the minutes with the one change that
31 Council Member Torliatt requested. IVI/S Healy/Moynihan.
32 .
" 33 CARRIED UNANIMOUSLY (Harris absent)
34
35 2. APPROVAL OF PROPOSED AGENDA
36
37 A. Approval of Proposed Agenda for Council's Regular Meeting of October
38 18, 2004.
39
40 MOTION to move the evening items to the evening of October 18, 2004
41 with the. City Manager addressing the General Plan item date for
42, presentation. M/S Torliatt/O' Brien.
43
44 CARRIED UNANIMOUSLY (Harris absent)
45
46 3. CONSENT CALENDAR
47
48 Mayor Glass removed Item 3.D. for discussion; Vice MayorMoynihan removed
49 Items 3:E., 3:G. and 3.1. fo"r discussion; Council Member Torliatt removed Item 3.B.
50 for discussion
51
52 MOTION to approve Items A, C, F, and H. M/S O'Brien/Healy.
Vo1.40, Page 274 October 4, 2004
1 CARRIED UNANIMOUSLY (Harris: absent)
2
3 A. Resolution 2004-190 N:C.S. Authorizing City Manager to .Execute the First
4 .Amended Funding ..Agreement with 'the Sonoma County Water Agency to
5 Receive .Funding- in the Amount of $2,197;913 in Support of -the Phase 1
6 Recycled Water Pipeline Project. (Ban)
7
$ B. Resolution Accepting Completion of the 2003-200.4 Phase: 2 .Street
9 Reconstruction Project: C500600 (formerly 9846-2),. (Skladzien/ Castaldo).~
10 This- item was removed' for further discussion.
11
12 C; Resolution .2004=191 N:C:S. Approving an Administrative Agreement for
13 Collection of Assessments for Sonoma .County Tourism Business:
14 Improvement Area (BlA). (Netter)
15
16 D. Resolution Rejecting All:Bidsforthe Petaluma.Municpal Airport Projecf No.
17 C100103 :and Deferring the. _Projecf -Until Sufficient Funding Becomes
18 Available. (,Netter/close) This item wQS removed for further. discussion.
19
20 E. Resolution Accepting the ,Completion of 'the 2003-2004 Pavement
21 Maintenance Project'No: 0500500 (formerly 9732-9). (Skladzien/Castaldo)
22 This item was removed'for further discussion.
23 -
24 F: ,Resolution. 2004-1>92 N.C.S. Authorizing the Submittal of an Application,. .
25 ~ Acceptance of Funds and Execution of a Loan Agreement with 'the
26 California Department of Transportation, Division.. of Aeronautics,. for aLow-
27 Interest Loan for the Airport Hangar Project. ,(Netter/close)
28
29 G. Resolution to Receive and File- Quarterly Treasurer's Report. (Netter) This
30 item wus removed for further discussion.
3.1:
32 H. Adoption (Second Reading) of Ordinance .2793 .N.C.$. Pi•ezoning of
33' Parcels to Planned Unit Development District. '(Moore)
34
35. I. Adoption, (Second Reading) of,Ordinance 2T94 N;CS. Amending Section
36 1'7.20.070 of the Petaluma Municipal Code Requiring Installdtion of
37 Automatic Fire Sprinklers in Pre-Existing Buildirigs in the Historic Downtown
38 Business 'District,. (Albertson/Gi.nn) This item was removed for further
39 discussion.
40
41 J. Resolution 2004= 190 N.C:S...AUthorizing City Manager to Execute. the First
42 Amended Funding Agreement; with the Sonoma County Water Agency to
43 Receive Funding 'in the Amount of $2,197,.913 in Support of the Phase
44 Recycled Water Pipeline Project. (Ban)
45
46 K. Resolution 2004- 7 93 N.C.S..Aecepting Completion of the '2003-2004, Phase
47 2 Street- Reconstruction Project 0500600 (formerly 9846-2). (Skladzien/
48 Castaldo) This fe"m was' removed for further discussion.
49
50
51
October 4, 2004 Vol. 40, Page 275
1 ITEMS .REMOVED FOR DISCUSSION.
2
3 B'. Resolution Accepting Completion of the 2003-2004 Phase 2 Street
4 Reconstruction Project C500600 (formerly 9846-2). (Skladzien/ Castaldo).
5
6 Council Member Torliatt asked if inspections had been done on every
7 street fhat -had been repaired. She was concerned that temperatures
8 were too high to lay asphalt on days that she observed work being done.
9 She wanted assurance thatthe product would last for the long term.
10
11 Public Facilities and Services Director''Rick Skladzien answered that every
12 single street had been inspected. He stated that there are no
13 requirements or restrictions on paving during the heat of the day;
14 problems occur with laying asph_alf when temperatures are low.
15
16 NIOTIO,N to adopt the resolution. NI/S'Torliatt%O' Brien.
17
18 CARRIED UNANIMOWSCY. ,(Harris absent)
19
20 ~ D. Resolution Rejecting ,All Bids for the Petaluma Municipal Airport Project No.
21 C100103 and Deferring the Project Until' Sufficient Funding Becomes
22 Available.. (Netter/close)
23
24 PUBLIC COMMENT
2S
26 Steve G;eney, North Bay Construction, stated that his company did not
27 want to see the bid rejected.. He said they had worked with the Airport
28 Commission and had offered to hold the price on the bid until April 15,
29 2005. He said this would save the City fuel, materials, time, and labor costs
30 by accepting this letter's offer.
31
32 Acting 'City Manager/Interim. Finance Director Netter responded that staff
33 would like to see the project continue but this lowest bid is well over the
34 $700,000 engineer's '.estimate and there were items not included in the
35 budget' thaf would, raise: the cost. He said a consultant was hired and
36 recommended rejecting alf bids, making some design changes, and re-
-37 bidding in.#hewinter.
38
39 . Council Member Torliatt ,wanted .to hear from the Chair of the Airport
40 Commission.
:41
42 Council Member O'Brien; qs liaison to the Airport Commission, stated that
43 he did not fully support the consultant`s recommendation to reject the bid
44 because if the City rebids next winter, and' the bids come in higher, the
45 consultant would not make up the difference. He felt that a lot of
46 changes could be .made to the project to save money and asked Tom
47 McCaw of the Airport Commission to; explain.
48
49 Council Member Healy asked if the consultant responded to Mr. Geney's
50 concerns about material and subcontractor costs.
51
Vo1.40, Page 276 October 4, 2004.
1 Mr. Netter explained that becau-se all the: bidders used the. same
2 subcontractor for the prefab buildings, the' costs should be uniform but'
3 varied because the: presentations 'were .different. The consultant feels.
4 strongly that the .City would receive more bids during winter, and also
5 feels thdt'the cost of steel is stabilizing.
6
7 Council Member Healy asked how long this project could be delayed to
8 still .complete construction in 'the spring.
9
10 - Mr. Genet' 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
12 treatment. He: said that using the: same ,hangar constructor is a-sign that'
13 th`e company is the, most competitive.
14
15 Tom. Me Gaw; Airport Commissioner, sfated that there :are over 140
16 people on; the hangar waiting list and they want to complete the project
17 ds oon as possible and get the revenue stream starfed. He said 'the
18 Commission had looked at how to modify the' project to lower ~the<,cost.
19 They didn't want to reduce the squa"re footage as that would reduce the
20 revenue stream. However, the brick facing requested by the. Pedestrian
21 -arid; Bicycle Advisory Comm, ittee on ;thee end walls of the buildings, facing.
22 Sky Ranch Drive; could be eliminafed. as °they would soon. be hidden by
23 landscaping: On the future project list is a terminal building. The. FAA will-
24 ~ grdrit the Cify 95% of the cost of a terminal. The. showers (also requested
25 by the PB'AC) could be .included in the .new terminal. , .
26
27 He said the cost .of the permits came to $500,000 with $300,000 for traffic
28 mitigation: He stated hat a traffic consultant had been paid for and
29 stated that there would be no additional traffic. He said another'issue 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 are
32 required' ,fo pay traffic mitigation: as permit fees, this would violate the
33 FAA's regulations and prevent the project from going, forward.
~34
3S .Vice .Mayor Moyriitian fully' supported eliminating the ,brick tapade and
36 showers and 'did. not support throwing. out the bid. We wanted 'staff to
37 inves"tigate eliminating portions to lower the costs and; bring something
38back fo Council. ~ -
39
40 Council M-ember Torliatt stated she would be willing to take this up on - `
41 Octobec 18th. She supported :the restrooms in the terminal facility and
42 eliminating ~ the brick facade if landscaping- was going to cover it. She
43 stated the traffic mitigation fees dre .paid by everyone. else and this-
44 ,project should 'pay these 'as well. She vva.nted to see if wplue engineering
45 could be done to reduce the cost. 'She .added that this is a very needed,
46 'proj'ect and'she is very supportive of getting it .done..
47
48 Council Member- Thompson asked M'r. 'Netter if there was funding to
49 complete this project.
50
October 4, 2004 Vol. 40, Page 277
1 Mr. Netter replied that X4.1 million is available from bonds and fAA grants
2 -but if the total prices come in as projected, the cost could be up to $6
3 million.
4
5 Mr: McCaw noted that Airport Manager Mike Close has contacted the
6 State. Money is available and they are willing to lend it to the City.
7 Obtdiring a loan would be. afour-month process.
8
9 Council MembefTtiompson said he would like to accept North Bay
10 Corporation's bid, start the project, and have staff come back to Council
11 ~ with recommendations about the showers and brick fagade. He would be
12 willing to waive the fees.
13
14 _ Mayor Glass pointed out that, "the, faster you move, the quicker you take
15 on debt."
16
17 _ Council Member Healy would like to award the contract but was not sure
18 how to move forward procedurally. He asked the City Attorney for his
19 opinion.
20
21 City Attorney Rudnansky advised Council that if they were not going to
22 reject`all bids, they should allow staff to bring back an appropriate
23 resolution.
24
25 -Council Member Torliati reminded Council that the reduction of the fees
26 ~ -could dffect the General Fund budget'#or next year. She stated that the
27 , ' City's overhead_ .costs incurred from a management standpoint are not
28 included in the consulting., contract.
29 .
30 Mr. McCaw noted that the Airport does pay overhead for miscellaneous
31 City services..
32
33 .Mayor Glass clarified fer staff that Council agreed to remove the brick
34 fagade requirement, the showers in the. terminal would replace the
35 hangar showers, the- fees could be adjusted, and project manager
36 overhead costs would be covered by the consultant.
37
38 ~ Mr. Netter offered that staff would put together a report that would outline
39 the :entire cosf and address-value engineering, list all fees normally. due
40 and what can be waived, and hopefully reduce the price.
41
42 Council consensus wvs to bring this item back at the October I8,
43 2004 Eouncil A~Leeting.
44
45 E. Resolution Accepting -the Completion of the 2003=2004 Pavement
46 Maintenance Project No. C500500 (formerly 9732-9). (Skladzien/Castaldo)
47
48 Vice Mayor Moynihan had concerns related to the revenue used to fund
49 this and how the project went from a pavement maintenance project to
50 building a park on Industrial Avenue. He said he wasn't aware that Parks
51 and Recreation was coming up with capital funds to pay for this .since he
52 saw this as funded as a Water Resources project and did not see the
Vo1.40, Page 278 October 4, 2004
1 justification of shifting the costs of the projects. He stated that Parks and
2 Recreation. had over allocated funds and would have to do an inter-fund
3 loan before yedr-end. He also wanted to know how many ofi the. sectiops
4 have been slurry-sealed and if a program was in place that would provide
5 a slurry-seal schedule for the future.
6
7 Director of Public Facilities and Services Rick Skladzien explained that the
8 park area became available and his department was asked 'to include
9 this.. park in the project. He offered to come back with a staff report to
10 address. 'these issues and explain' the revenue sources and the slurry-seal
l l program. He said he could. ohly project, depending on the revenue, how .
12. many, and what streets would be sealed, in the various city
13 neighborhoods.
14
15 Council. Member Torli6tf made a MbTIQN to approve the resolution,:'but
16 rescinded her motion when Council Member Healy, Thompson and.. Vice
17 Mayor Moynihan declined. to support the item.
18 ~ -
19 Mr. Netter explained that this. would -hold. up the contractor's close out of
20 the. project and the details of .the funding would be •provided. H;e
21 suggested that this be moved. .
22
23 . Vice Mayor Moynihan said he would agree to accept th'e project and
24 motioned to do so.
25
26 Mayor Glass refused his, motion arid, accepaed Council :Member Torlidtf's
27 earlier MOTION with Council Member'O'Brien's second.
28
29 ITEM. FAILED WITH THE FOLLOWING VOTE: -
3Q M/S: To~liatt/O'Brien ~
31 .AYES: Glass, O'Brien, Torliatt
32 NOES: Hedly,, Moynihan; Thompson .
33 ,ABSENT: Harris
34
35 This .item wi/l be b~ough# back at the Oefober 18; 2004 Council
36 Meeting.
37
38 G: ~ Resolution 2004-194 N.C.S. to Receive., and. File Quarterly Treasurer's
39 Report. (Netter)
40
41 Vice ,Mayon Moynihan 'spoke regarding fhe interfund loans to the: CBD
42 from. the Low and Moderate 'Income Fund: He 'wgs~•concerned about the
43 large debt in the Centrdl Business District. fo the. other districts in the area
44 and about the bonding capacity otthe'Redevelopment area.
45
46 .Acting City Manager/Interim Finan. ce D,i'rector Netter explained that the
47 LMI was funded by seating aside '20% from the City's tax increment. He
48 stated that the bondswere sold to finance improvement in the downtown
49 and other areas. He explained these bonds are held by d trustee and can
50 be drawn from as construe#bn projects reach certain levels of
51 completion. He slid that because the fiscal yeasended'in June, to avoid
52 carrying negative balances, the inter fund borrowing process was used; by
October 4, 2004 Vol. 40, Page 279
1 borrowing from the LMf since it had a positive balance and the interest is
2 repaid as well as principle'. He stated; that the smaller CBD accrues less tax
3 increment and it is not sufficient so the loan between the funds is growing.
4 He also stated that there Have been discussions to merge the two districts
5 and when this is completed, the loans will be canceled out.
6
7 MOTION"to Adopt the resolution. M/S Moynihan/Torliatt.
8 .
9 ~ CARRIED UNANIM'OUSL"Y. (Harris absent)
10
11 I. Adoption (Second Reading) of Ordinance_2194, N.C.S. Amending Section
12 17.20.070 of the Petaluma Municipal Code Requiring Installation of
13 Automatic Fire Sprinklers in pre=Existing Buildings in the Historic Downtown
14 Business District (A(bertson/Gins)
15
16 Vice Mayor Moynihan recused .himself. because he has clients in the area.
17
18 Mayor Glass asked that a letter received be part of the record.
19
20 Council Member Torliatt asked for a response to this letter.
21
22 MOTION to approve the ordinance. M/S O'Brien/Glass.
23
24 CARRIED BY THE FOLLOWING VOTE:
25
26 AYES: Glass, Healy, O'Brien, Torliatt, Thompson
27 NOESt None
28 ABSENT: Harris
29 RECUSED: Moynihan
30
31 ADJOURN TO CITY COUNCIL CLOSED SESSION
32
33 PUBLIC COMMENT -None.
34
35 ADJOURN TO CLOSED SESSION
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37 CONFERENCE WITH LABOR NEGOTIATOR: Government Code §54957.6. Agency Negotiator:
38 Michael Bierman/Parnala Robbins. Employee Organization: IAFF Local 1415 and Unrepresented
39 Employees.
40 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City
41 Manager.
42 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Government Code §54956.9(a)j
43 Thompson vs. City of Petaluma (Sonoma County Superior Court Case # SCV-225667). City of
44 Banning; e aL vs. James Jones Company et al. (Los Angeles Superior Court Case # BC321513).
45 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Government Code §54956.8. Property: 368
46 Petaluma Boulevard' North (APN #006-163-040). Negotiating Parties: Mike Bierman (City) and
47 Carol Vironda and Russell J. Ghilardi (Property Owners). Under Negotiation: Price, terms of
48 payment, or both.
Vo1.40, Page 230 October 4, 2004
1 ADJOURN
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3 The meeting was adjourned at 5:35 p.rn:
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10 - avid Gldss, Mayor
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14 Attest:
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21 .Claire-Cooper, Deputy City Jerk
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