HomeMy WebLinkAboutCity Council Minutes 06/17/2002June 17, 2002
~ A L'tT
a . ~ City ®f Petaluma, California
City Council Meeting
I85$
Vol. 38, Page 43.
1
2 City Council. Meeting Minutes
3 Monday, June 17, 2002 - 3:35 p.m.
4 Regular M'eeting'
5
6 PRESENT: Coder-Thompson, Moynihan, O'' Brien,
7 Mayor Thompson, Torliatt
8 ABSENT: Vice Mayor Healy, Maguire
9
10
11 PUBiLC COMMENT
12
13 Geoff- Cartwright, Petaluma -Referred to disinformation about flood .litigation
14 -you cannot hold signers to unconstifiutionaJ clauses. Can't force people to
15 sign away their constitutional rights. Suggested. Council not permit or be
16 involved in projects that will cause flooding.. Yes, the City can be sued -going
17 into project -and for flood damage resulting from project.
18
19 COUNCIL COMMENT
20
21 • Council Member O'Brien:
22
23 Saddened to see :City doesn't have enough money for fireworks this year.
24 Hopes .members of public will come forward and help the City defray the
25 cost. In :view of 9/l 1, rather important to community we have them this
26 year.
27
28 This afternoon Council will possibly be approving the cable franchise.
29 Anyone with any information about AT&T please let Council know, in
30 writing.
31
32 Congratulated this year's high school graduates.
33
34
35
36
Vol.'38,. Page 44 June J'7, 2002
1 • Council Member Torliatt:
2'
3 Council took a position at' an earlier meeting on SB 1243. - merger
4 be weep ABAG and MTC: She .thought C.ouneil agreed fo send. a letter to
5 state assembly a-rid senator regarding this. Council rece.i~ed in .'their
6 ~ packets a Letter from fhe Town of -Wind or faking hat position; Petaluma.
7 should send similar letter: ABAG is urging city officials to wri e toassembly
8 ~ members. specifiically regarding fhis `issue. Hopes Mayors' and :Council
9 ~ Members' Association will too.
A .
10
11 - Would like Council to consider a xeriscape ordinance for new
12 development. City needs to set example. of conservation. This is
13 opportunity to implement best rria;nagement practices. Where draft
14 - ~ ordinances provided to CounciC?
15
16 Over the weekend ahe saw several signs for,The 'Highlands highlighting the
17 fact it is gated community. This is. t'he Country Club Estates; project
18 approved about nine years ago. Her undeestanding was fhat the gate
19 was an administrative approval. She knew the Bii;e Committee had. said
20 there .should be through access fior bikes and cars. This is not the proper
21 way to :market the community - Petaluma should not h;awe, gated
22 communities. VNould like to have gate removed or rescinded it possible.
23
24 •3 Council Member Cdder=Thompson:
25
26 Supports Council Member Torliaat's .request for xeriscape ordinance. She
27 did her yard last year -and does not water at all. This should.: b.e standard
28 in community for front yards-could greatly reduce water use.
29
30 Would like there; to ;be policy t;hgt there not b.e gated communities in
31 Petaluma. Wants to bring. back for discussion..
32
33 ~ ~r.. AB .680 -would like to move to next meeting when full' Council !is here.
34
35 Regarding the CIP, she is concerned ,about talk of just resurfacing 'roads.
36 Pf&S needs to work closely with: WR&C to know what und.ergro.unding
37 ~ needs to be done first. Best. to do underground one year, next year rebuild
38 street. Curb to curb not the answer -too many trip: and fal_I hazards on
39 sidewalks. Requested that information from Water Resources
40 Conservation come to Council.
41
42 • Mayor Thompson:
4:3,
44 In favor of xeriscape ordinance.
June 17, 2002
Vol. 38, Page 45
1
2 Reg'ardin,g Fireworks -ante .donation of .$1,0.00 has been .received.. City
3 needs. approximately $:15;000. Petaluma no ~ lo`nger allowing fireworks iri.
4 some dreas of town at high risk for fires. Because of 9%1 1 we need fo have
5 community fireworks display this year. Asked City Manager Fred Stouder
6 where people could. call and make donafions. Asked for feedback by
7 next week on how successful this is. If needed., will divide City into sections
8 -send Council out with cans to collect door-#o-door.
9
10 City Manages Fred Stouder responded that calls should be made to the
11 City Manager's Office dt 778-4345.
12
13
14 APPROVAL O`F MINUTES
15
16 May 16, 2002; June 3, 2002
17
18 ,Motion to approve: minutes of May 16, 2002 and June 3, 2002 as written. M/S
19 Moynihan/Toclatt.
20
21 AYES: Coder-Thompson; Moynihan, O'Brien,
22 Mayor Thompson., Torliatt
23 NOES: None
24 ABSENT: Vice Mayor Healy, Maguire
25 ABSTAIN: None
26
27 °
28 PROCLAMATION
29 PETALUMA POST
30
31 Proclamation Honoring the 15-Year Anniversary of the Petaluma Post
32
33 David Benne t;, Owner and Publisher of fhe Petaluma Post, "t_hdnked Council
34 and t`he City .for :.giving him the opportunity for fifteen years to take a` ligh:f-
35 hearted look at what goes on in Petaluma. He noted the current issue carries
36 a review of Lee Torliatt's book (Co.uncil Member Torlid'tt's cousin).
37 ® ~.
38
39 CONS-ENT CALENDAR
40
41 The following items are non-controversial and were approved in one motion.
42 M/S O'Brien%T:orliatt.
43
44 AYES: Coder-Thompson, Moynihan., O'Brien,
Vol. 38, Page 46
June 17, 2002
1 Mayor Thompson, Torliatt
2 _ NOES..:.: None
3 ABSENT.`. Vice Mayor Hegly, Magu;re
4 ABSTAIN::, None
5 -
6 ORDINANCE 2x1.32 N.C:S.
7 VEHICLE CODE ENFORCEMENT: ADOBE ;CREEK SUBDIVI~I:O'N
8
9 Ordinance 2,1:32 N.C.S. (S~e;cond R~eadinab Amending Chapter 11.1.2.1,5Q Of
10 The Petaluma Municipal Code For Vehicle C~ode~ :Enforcement Of~ Private
-
11 Property Roadways Within The Adobe Creek Subdivision. (Adobe Creek Drive,
1.2 Falcon, Ridge Drive, Nlakeria Co.urt,, V~/edgewoo.d Court,; Vintage Court,
1,3 Ruffles Court, Sp_:anish '.Bay Court;, :Birnharn V~/ood Court,, Arrowhead Court,
14 Sugarloaf Court, Horseshoe Covrf Princeville Courf, Sapporo Court;),
1;5
16 RESO. 2002_-086 N.C.S:
17 NOTICEOF~.ELECTIO V
18
19 Resolution 2002'-086 N,C,,S._ Calling and. Giving Notice: of n Regular Municipal
20 .Election to b,e Held on Tuesday,, Novembers, 2002 for'Electioh of One Mayor,
2:1 Three= Council and Three School Board Members.
22
23 RESO: 2002-;087 N..C.S.
24 CONS'OLLDATE ELECTION.
25
26 Resolution 20Q2-0$7 N.,C:S. Requesting, the ,Sonoma County Board of
27 Supervisors to Consolidate a Regular Municipal: - Election on ~Tuesday~;
28 November 5, 2002; with the Statewide Generale. Election.
29
30 RESO,. 20.02-088' N.C:S.
31 TRAFFfC MITIGATION FEES.
32
33 R:esolufion 2002-088 N;C.:S:: Clarifying grid Affirming, Adoption of City Council
34 Resolution; No. 2001-039 N."C-.S.. Waiving a Portion of Fuaure Traffic. Mit;ig,a,fi;on
35 ;Fees for Property, Owners. Wifhin Assessment District 2000-01 (nMcDowell
36 Blvd./E. Washington St.):
37
38 APPROVAL OF PROPOSED AGEND"A
39
40 Approval of Proposed Agenda for Council's Regular Meeting of July 1.5, 200.2.
41 ~ - ,
42 The following items were pulled from-the Consent Calendar for discussion:
43
44
June 17, 2002 Vol. 38, Pdge 47.
1 R~ESO: 2002-089 N..C.S~.
2 ACCEPT COMPLETION O'F" `'C' STREET STORM D'RAI'N IMPROVEMENT `PROJECT
3 _ _ .
4 Resolution 2002-089 N.C:S. Accepting the Completion of the `C' Street Storm.
5 Drain Improvement Project. The Project Involved Installing a Storm Drain
6 System in 'C'-Street From Sixfh Street to the Petaluma River to Alleviate Local
7 Surface Water Management Problems. Final Project Cost.: $1,129,000.
8 Funding Source: Sonoma County Water Agency, Zone 2A Funds. Contractor:
9 BayPacific Pipelines, Inc.
10
11 Cou.nc.il Member 'Torliatt -The trenching and asphalt that were done
12 afterward looked like a sloppy job. She thought the project looked like it
13 came~~ in under budget. She congratulated staff. She assumed unspent
14 money'g'oing back to Zone 2A?
15
16 Water '.Resources and. Conservation Engineering Manager Mike Ban -Money
17 that wasn't spent stays with Zone 2A.
18
19 Motion to approve Reso. 2002-089 N.C.S., and to direct staff to enforce
20 contractor`s obligation to finish job to a higher standard. M/S Torliatt/Cader-
21 Thompson.
22
23 Mayor Thompson agreed..
24
25 Council Member Moynihan also agreed. He drove down 'C' Street and saw it
26 was an unsatisfiactory job.. He was not willing to accept as complete unless
27 Council had staff's assurance they will follow fhrough with contractor.
28
29 Council Member Cader-Thompson -When you make these kinds of rep-airs to
30 the street and don't wait°long enough for the material to settle, you don't get
31 good results..
32 ~ . ,~
33 AYES: Caller-Thompson, O'Brien, Mayor Thompson, Torlidtt
34 NOES: Moynihan
35 ABSENT: Vice Mayor Healy, Maguire
36' ABSTA'fN.: None
37
38 RESO.,_2002-090. N.C.,S. .
39' APPROVING FIX°ED HOLIDAYS
40 _
41 ~ Resolution.2002-D90. N.C.S. _Approving Fixed Holidays for Fiscal Year 2002-200.3.
42
43 Council Member ..Moynihan -The twelve holidays proposed are a lot more
44 than celebrated in the business community.. He proposed dropping
Vol. 38, Page 48
June 17, .2002
1 Columbus Day and, combining Rresident's Day and Martin ,Lut;her King Day.
2 This is costing the City quite a bit of .money ,and adds up .each d'ay. City
3 seems to be adding holidays slowly and surely.
4
5 Motion to approve Reno. 2002-090 N,:C.S:, with, th.e eliminafion of Columbus
6 Day and combining President's Day and Martin Luther King. Day:
7
8 No second. ~ ~ - .
9 _ ... .
10 Council. Member Caller-Thompson -Pointed out thaw these holidays wvere
11 negotiated in the ernploye,e Memorandums of Understanding (MOUs).,
12 '
13 Motion to approve Reno. 2002-090 N.C.S,. as written. M/S :Caller-T.homps'on
14 /O'Br.ien.
15 .
16 AYES:: Caller-Tho.rnpson, Q`Brien, Mayor Thompson, Torliatt
17 NOES:. Moynihan
18 ABSENT.: Vice: Mayor Healy, Maguire
19 ABSTAIN: None.
20
21
22 RESO. 2002-0.91 N:CS:.
23 EMERGENCY INCIDENT RESPOIVSf AGREEMENT
24 RANCHO ADOBE F1RE PROTECTION DISTRICT
25
26 Direction and Possible Action: Authorizing the. City Manager to Execute an
27 Agreement for Automatic Emergency' Incident Response with Rancho. Adobe
28 Fire Protection. District.
29
30 Fire Chief Chris Albertson presented staff report.
31
32 Mayor Thompson -Why"are we not just including Wilmar, Lakeville,~dnd San
33 Antonio. right now?
34
35 Chief Albertson - Governmental jurisdictions. To _balc~nce numbers, between
36 Rancho Adobe, ourselves, and County, we will provide .dssisfance at' front
37 end..
38
39 Council Member O'Brien -- .Any time f.hey're re'sp:onding,, does. Petalu:m,a still
40 have adequate. fire. protection? ~ •=° •~ ~ `
41 ..
42 Chief Albertson - A condition of the agreement' is that City of Petaluma 'is
43 ,always: ourfirst priority..
44 -
June 17, 2002 Vol: 38, Pdge 49
1 Council Member Torliatt -Knows. Fire Department members have long
2 `sup;porf:ed this. She tha`riked Chief Albertson for bringing this forward.
3 ,.
4 Chief Albertson -This will enhance protection for bofh jurisdictions.
5 '
6 Motion to approve Reso,. 2002-0.91 N.C.S. M/S O'B'rien/Torliatt.
7
8 AYES: Cader-Tho:mpsori, Moynihan, O`B'rien,
9 Mayor Thompson,. Torliatt
10 NOES: None '
11 ABSENT: Vice Mayor Healy, Maguire
12 ABSTAIN:: None
13
14
15 RESO. 2002'-092 N.C.S.
16 CABLE FRARICHISf AGREEMENT
17
18 Resolution Providing Conditional Approvdl' of Cable Franchise Agreement
19 from AT&T Broadband to AT&T Comcast.
20
21 Finance Director Bill Thomas -Staff has not had adequafe time to review the
22 agreement. and is asking for conditional approval.
23
24 Council Member Torliatt -Did we ever receive a report?
25
26 Mr. Thomas -Yes, but there was nothing to it.
27
28 Council Member Torliatt -John Risk reviewed?
29
30 Mr. Thomas - No.
31
32 Assistant City Attorney' Ciare .Gibson, -Has been reviewed by City Aftorney's
33 office and Patrick Whit~n~ell of Meyers Nave will talk about time sensitivity.
34
35 Co;un:cil Member Torliatt -Why is Council being asked to approve this 60 days
36 before we would have taff's review of it?
37
38 Patrick INhitnell, Meyers- Nave, Attorneys at Law -Federal law provides the
39 City with _120 days to review a request for~transfer of franchise. The 120 days is
40 up next week, so Council is being asked for a decision now. The City
41 requested additional information from AT&T and he understands there was: :a
42 response. Could be argued that the 120 days .does not begin to run. until
43 AT&T files a complete Form 384 but. bringing it to Council now will preserve
44 rights. .
Vol. 38, Page 50
June 17, 2002
1
2 Councils Member Torliaft - .. Scheduled "wheth,Er or not we have:
3 recommendation?
4
5 Mr. Stouder - He, Mr, Thomas, and •City Attorney Rich Rudnansky had two
6 meetings with AT&T. Need more time for questions/answers before we have
7 public discussion. This action is alsobeing taken by other cities- -approving
8 with condition. The purpose is to protect :City while discussions proceed,. Did
9 review Mr, Risk's last findings or audit. and asked :AT&T to review that and
10 respond to. it:. His comments were very stragh`tfonNard and cone usive -
11 unnecessary expense ,t.o engage him again. Question. is AT&T's inability to
12 determine where complaints are corningfrom as. they have .one number -for
13 complaints. Our question -'why?
14
15 Council Nle.rnber Torliatt - Woufd there be any advantage to updating flis
16 report- he completed it afrnost two years ago:? Two years to audit collecti'o`n
17 of fees,, e~t~c.
18
19 Mr. Stouder-- We didn~ t think it was warranted. If Council directs, us t,o do that,
20 we will
21
22 Council Memb°er Moyrihari - Council shoul,d_ support recommendation of Nlr:
23 Stou,der and staff qnd not expend funds for another study at this point.
24
25 Mr. Wh'itnell - 'May condition approval on compliance with. franchise. Legal;
26 financial and technical evaluafion.
27
28 CouncilMember Moynihan thought this was. a great solution without- inviting
29 addifionallitigation.
30
3`1 Motion to approve Reso. 2002-092 N:C.S. M/S Moynih,cin/O'Brien.
32
33 AYES.`. Moynihan,, O' Brien, Nla.yor Thompson, Torlatt
34 .NOES:: Coder-Thompson
35 ABSENT: Vice Mayor He:.aly; lvlaguire
36 ABSTAIN: None
37
3:8` Co.uneil Member Ca'll'er-Thompson - Much,.more comfortable with, .Mr,, Risk,
39 Nlr: Rudnansky an,d Nlr: S:touder as part of tfis -discussion. Not asking for
40 complete audif -:but he rn_ay liave,informa;tion. as he works with other cities.
41
42 Council Member Torliat't -Asked that maker and; second :of motion amend. to
43 say that this will, come ba:ek to Council within 60 :days.
44
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June 17, 2002
Vol. 38; Page 5`1
Council, Member Moynihan -Thinks conditional approval serves. comrnuriity
'best;. Glad to bring underlying issues back for discussion. Maintain motion as
made.
Council Member O'Brien -Nobody at this dais wants public input on AT&T
more than he - at appropriate time.
Council Member Torliatt -Appropriate time before 60 days?
Mr. Whitnell -Yes, that is recommendation -after 60 days, approval becomes
unconditional.
CLOSfD SESSION
PUBLfC COMMENT
None.
Council adjourned' to closed session at 4:24 p.m. on the following matters:
® PUBLIC. EMPLOYEE APPOINTMENT, Government Code Section 5495.7. Position:
City Clerk.
e CONFERENCE WITH LEGAL COUNSEL, Existing Litigafon; Government Code
Section 54956.9. City of Petaluma vs. Holmberg, Sonoma County
Superior Court Case # 222739.
® CoIVFE~ENCI wiTH LEGAL COUNSEL on Anticipated Litigation with Significant
Exposure to Litigation Pursuant to Government Cade Section 5495b...9
(One Matter).
RECON.VEN'E - 7:00 p. m.
PRESENT: Coder-Thompson, Vice Mayor Healy, Maguire,
.Moynihan, O'Brien,
Mayor Thompson, Torliatt
ABSENT: None
PLEDGE OF ALLEGIANCE
Ed Anchordoguy.
MONIENT,O:F SfLENCE
Vol. 38, Page 52
June 1.7, 2002
1
2 REPORT OUT OF CL05ED SESSCON
3'
4 No reportable. action taken.
5 . -
6 PUBLLC COMMENT
7
8 Geoff Cartwright, Petaluma, read interim urgency ordinance r,.eg'arding
9 zoning ordinance -zero net fill -will no longer be in effect as of November 18;
10 2002 -will this be confinued? We do have filooding probl,ern 'n Pet>aluma -
11 noted the name of this type of ordinance. There are other ifems: tYiat.may be
12 needed.. - interim study district - tooi -hold development. up while you
13 complete your studies; look at the impacts. Supreme Court supports such
14 planning efforts. There- are a number' of projects proposed in the floodpiain -
1i5. know problems iri past.. Also problems with. traffic, waster supply. Dev~elo'pmerit
16 exceeding water supply -interim study district- protect interests.
17
18
19 COUNCIL COMMENTS,. LIAISON REPORTS
20
21 • Council'Nlember O'Brien:
22
23 Reiterated plea from afternoon meeting f,or public donations toward City
24 Fourth of Ju y fireworks show. Donated $`1.00 check; and, challenged-.rest of
25' Council fo follow suit.
26
27 • Council Member Cgder-Thompson:
28
29 D'o we have list of those who have donated funds for fireworks in the past?
30 If so, we should ask them again.
31
32 At; the Thu.rsda_y, June 13th Council. ,Meeting, ;interim study districts ~w,ere
33 mentione°d. Council should consider this because of d'e~elopment that
34 wants, to: come to th,e community. Lots of interest in "big b;ox"
35 development in flood plain. We need to talk about G_eneraf Plan: process
36 .- and deeid,e what we want for- economic, de:velo;prnenf in this community:
37 Fairgrounds 'or H'UB site good: for theater -they are. on most=:used.. corrid`or',.
38 Still pushing for interim. study district until, General Plan completed. Instead
39 of developers telling us what we want in the commurty - :community to
40 tell us.
41 ~-
42 • Cou.ncil Member Moynihan:
43 .
44 Asked to :ag'endize -two ifems:
June 17, 2002
Vol. 38, Page 53
1
2 1. Review ongoing litigation, budgets; see what can do to minimize
3 cost. Wou d like update from ,Risk Manager to~ see what can b'e
4 done.
5 2. Acquisition of land -way to approach to avoid. liability :regarding
6 hazardous materials.
7 .
8 He sent memo to Mayor Thompson and Finance. Director . Bill Thomas
9 following up on conversations of Th'ursday.'s budget meeting and outlining
10 what he thinks would be in ,community's best interest. Wan#ed to be sure
11 Council got letter. Wants' full agreement from Council regarding
1.2 maintenance of infrastructure.
13
14 •2~ Council Member Torliatt:
15 ,
16 When are we going to start the. General Plan meetings again? Need as.
17 much advance notice out as possible. In September, should have
18 preliminary figures from traffic modeling: to present to community. Wants
19 people to be able to get dates on their calendars as early as possible.
20 Approach to looking at traffic model -existing conditions and what level
21 of service we expect in the community.: We all know .how it would affect
22 modeling if we add any additional traffic- in the CPSP area. When vve
23 have all these huge projects coming on line -there is a significant
24 cumulative impact on'what we face in the City.
25
26 • Mayor Thompson:
27
28 City is in real financial .bind -fireworks are an issue -need t,o keep them
29 going. At present, do not have the money. Asked citizens to call City
30 Manager`s Office 778-4345 or mail checks to l l English Streef. Accep ed
31 Council Member Q'Brien's challenge and donated $100:,
32 0 - -
33 ~ '
34 PRESENTATIO;fV
35 B'1KE TO WORK/SCHOOL ®AY AWARD T,O W1NNIfyG COM'PAfVY
36
37 Pedestrian and Bicyc e Advisory Committee members Elizabe h Emery Mori,
38 Bernie Album, Dusty Resneck, Andy Henning, and' Patricia Tuttle Brown were
39 present. Mr. Album thanked Council for another ,opportunity to give
40 something away. Submifted brief summary on data collected during Bike to
41 Work/School Week. There were about 150-160 bicycle commuters that week.,
42 The number of people commuting from one city to'another by bike. vvas
43 significant. The first annual Golden Sprocket Award -given to the busir°ess
44 with 10 or more employees with highest percentage of employees
Vol. 38, Page 54 June 17, 2002
1 comrn'utin,g by bike during Bike to Work Week - wc~s aw, arded' to Sonoma
2 Technologies - 16% of employees rode bikes t,o work. He challenged other
3 companies to meet or exceed this number.;. Nicole Hase.lip of `S'onoma
4 Technologies accepted award. Said her company will definitely work; to top
5 that figure. Thanked .Bike Co.mmitte:e anal Council :for keeping bike. issues
6 alive.
7
8
9 A~PPOINTNIENT.
10 WQRKING GROUP'F.OR.INO;RKFORCE'HOUSIN:G LINKAGE FEE:.ST.U:DY
11 _
12 .Mayors" & Councilmemb:ers' .Association - Working. Group for Workforce
. .
13 Housing Linkage Fee Study -One Representative. Each City 'is Asked t~o
14 Design,afe a Representative to :Serve on the wor,ki'ng Group: Which was
15 Authorized to Continue in on Informal Advisory Role Through Corripletion of
16 the Project:
17
18 Motion to designer#e Vice Mayor Healy as representative- to the Working
19 Group. M/S Cader-Thompson/Thompsan.
20
21 AYES.:: :fader-Thompson, Moynihan, O'''Br.ien,
22 Mayor Thompson, Torliatt
23 NQES: None
24 ABSENT; Vice Mayor Healy„ Maguire
2b ABSTAIN: None
26
27
28 ItfSO. 2002-.0:.93 N.C.S.
,-
29 PUB'iIC HEARING
30 WEED ABATEMENT .
31 .. ,
32 Discussion and Possible Action Ordering Abatement of Nuisd"nce Consisting': of
33 Weeds Growing on Public/Private Property in the 'City of P:etalurna and
34 Ordering t:he Fire` Chief to Remove Said Weeds by' Contract or His Own
35 Forces.
36 .
37 .Fire Chief Ch,ns Albertson referred to the list of 13 additional properties where
38 ,weeds have been declared a nuisance since previous. meeti`ng;.
39 ;
4.0 Council Member Torli:at~t -.was surprised Victoria. Homeowners Association
41 had_ riot responded.
42 '
June T7, 2002 Vol. 38, Page 55
1' Chief Albertson - He has had conversations with individual homeowners; T.o.
..
2 flis Knowledge' there has not been group discussion, or homeowners
3 assbcidfion discussion.
4 ~~
5 Council Member Torliatt -Knows fhere is one large lot that is in neutral
6 ownership. Encouraged Chief Albertson to talk to homeowners association.
7 Second -Gerry .Groves on Sunnyslope Avenue -thinks she lives at 626.
8
9 Chief Albertson -Have address in state of Washington.
10 .
11 Council Member Torliatt - No, she is definitely around. I would hate to have
12 people get charged for this if they don't know about it.
13
14 Mayor Thompson - Is this a list of property owners you couldn't get a hold of -
15 or of people just not responding?
16
17 Chief Albertson -These are additional" lots since April 15.
18
19 Council Member Moynihan - A lot of your properties show no current owner.
20
21 Chief Albertson - I have d note to check those.
22
23 Council Member Moynihan -There are databases available; happy to offer
24 that if needed. No problem adding parcels -wants to be sure they get
25 notified properly.
26
27 Mayor Thompson- Believe Chief is doing that:.
28
29 Chief Albertson -~Of course.
30
31 AHotion to approve;;Reso. 2002-093 N.C.S. M/S O'Brien/Caller-Thompson
32
33 AYES: C;ader-Thompson.,.: Moynihan, O'Brien,
34 Mayor Thompson, Torliatt
35' ~ NOTES: Ndne
36 ABSENT: Vice Mayor Healy; Maguire -
37 ABSTAIN,.: None
38
39 Council Member Caller-Thompson met a woman who works for the City of
40 San 'Mateo -they have code enforcement.. She would like Petaluma to look
41 at San Mateo's code enforcement program -has six employees -all paid
42 from proceeds of program. Brings in revenue to City.
43
Vol. 38, Page 56 June 17, 2002.
1 Chief. Albertson - WII look at it. Explained that the only, complaints responded
2 to are situations posing. a fire risk. They don't, deal with aesth;etic_s issues..
3 ~ -
4 Council Member Gader-Thompson - Person from San Mateo offered to_co`me
5 down and talk 'to us about their code enf:orce,rnent program: Perhaps it
6 could be incorporated into the Planning Department. "
7
8
9 RfSO, 2002-0.94 N,C.S.
10 RESO. 2002=:0.:9:5. N.C.S.
11 ItESO 2002-;0,96 IV;C'.S.
12 ASSESSMENT DISTRICT MAfNT,EIVAN.C:E "FEES
13
14 Public Meefing to Hear Testimony Regarding the Annua Land cape .
15 Assessmenf District Maintenance fees and Setting of'the Public Hearing.
16
17 Ed Anc,hgrdoguy, Parks anal Landscaping Manager, explained
18 recommend'a:tion to. raise assessment fees in two districts: and Lower
19 assessment in three dis#ricts.
20
21 Council Member Cader-Th;ompso,n thinks fees should be continued: o,ne more
22 year.
23 .
24 Counca Member `Torliaft asked who oversees landscape contracts on these
25 LADS?
26
27 Mr. Anchordoguy -said he is responsible, with help .from inspectors.
28
29 Council Member Torliat.t -How often are older subdivisions r.-eviewed?
30 _ ~~
31 Mr. Anchordoguy - Every two weeks - any- problems;-,are reported to
32 landscape confracfior.
33 :_
34 Council Member T.orli`att -- When did you ,go out to bid on contracts?
35 _
36' Mr. Anchord.ogu.y -Two years ago - allowed to extend one year - so will have ,,
37 to go out again next year in May. ~ . ~ ..
38 ..
39 Council Member Torliatt said she would re.cuse h,ers~lf o,n Graystone Greek--:
~:
40 and Kingsfied - In he,r subdivision the f.ee is $60:0 ,per' .rrionfh. Can Council
41 reduce fees without vote ~ofi:LAD? '
42 - , .
43 Mr. Anchordoguy - Explained that th'e $600 is an annual figure paid ,mo.nthly.
44 Yes. Can reduce or increase to certain level.,:
June 17, 2002
Vol, 38, Page 57
1
'2 Council' Member Torliatt - As Council Member Cader-Thompson said, fh`ere
3 ~ are some pretty .hefty balances in some LADs. Is the money resfricted fo
4 .landscaping or can it be used for other things in the'subdivision?
5.
6 ~Ivlr, Anchordoguy =Yes =can only be used for Igndscaping. If we have extra
7 money, we try to enhance the landscape.
8
9 Council Member Torliatt -Staff take a look at that again - if we have
10 balances that fhos'e LADS could vote on -maybe these monies could be
11 used for them to help fhemselves.
12
13 Council Member Moynihan -Thanked Mr.. Anchordoguy for the report. Said it
14 looks like he has a pretty good .handle on `i't. He thinks the fact that some fees
75 are .going down will sit well with the general public. Asked Mr. Anchordoguy if
16 he had, any idea if there was any public opposition to fee structure?
17
18 Mr. Anchordoguy -Have not gotten much. Will probably get questions
19 related to letters you sent out.
20
21 Motion to set public hearing and approve .Resos. 2002-094, 2002-095 and
22 2002-096 N.C.S. M/S Moynihan/O'Brien.
23
24 Mayor Thompson, asked Mr. Anchordoguy to make sure City was recovering.
25 all administrative costs when processing LADs.
26
27 Mr. Anchordoguy -One reason we use Sandra Reed`s .company. Qnly tune
28 we .don't get reimbursed for is his time and 'Pdrks and Re:creation. Director J,im
29 Carr's. They have tried to delegate as much out ~as possible.
30
3'1 May..or Thompson -Remember Cost of 'Services Study?
32
33 Ivlr. Anchordoguy =Yes, it's in there.
34
35' Mayor Thorn.pson - If you and Mr. Carr are comfortable, okay with me.
36
37 Council Member Cader-Thompson: - Do you have ability to pull out water-
38 thirsty landscaping. and replace with xeriscaping?
39
40 Mr,, Anchordogvy -Have to have money to go in there. #o do that. In some
41 LADs we can, in some we can't.
42
43 Council Member Cader-Thompson - If we lower fee, then less money coming
44 in - maybe some of these districts are candidates for xeriscape.
Vol. 38, Page. 58 June 17., .2002
1
2 Mr. Anch;ordoguy - Estimates. ~of what maiptenan,ce:.wil be still leaves hefty
3 balance.
4
5 Parks and Recreation Director .Jim Carr - Ln some subdivisions there are
6 Improvement plans fhat were approved for. subdivisions. Xeriscaps would be
7 a major change;.=we world need to go to fhe homeowners. .
8
9 C.o.u,ncil Member Torliatt - I"m .confused. This is fhe only opportunity for public
`10 output
11
12 Mr. Anehordoguy~ No.
13 ~.
14 Council Member Torliatt - Letter says July 17th..
15
16 Mr. Anchordoguy noticed that error and will, send out coreection to Ju y l 5th.
17 Should receive Wednesday or Thursday.
18
19 Mayor Thompson asked Mr. Anchordoguy to call him:.
20
21 AXES: Ca:d.er=Thompson, Moynihan, O'Brien,.
22 Mayor Thompson, Torliatt
23 NOES: None
24 ABSENT;: ,Vice Mayor. Healy, Maguire
25 ABSTAIN: None
26 ~ :-.
27
28 WATERi ADVIS,O:RY COMMITTEE (WAC~; CONTR'ACTORS' ~ll'EETING
29 REFERRAL'OF QUESTIONS TO ELECTED BOARDS . .
30 ~ _.
31 Discussion an,d Possible. Direction Regarding June 3, 2002 Water Advisory'.
32 Committee: Contractors' Mee#ing (lIVAC.) `Referral of Questions fo Elected
33 B`o.cards. The City Council is Being Asked to Provide Input to the New Master'
34 Agreement for- Water- SuppCy PolicyIssues.
35 -
36 Tom Hargis, Director of Water Resources and Conser,~ratiori, summarized and
37 ~ asked Council for direction~to WAC.
38
39 MgyorTho~mpso'n - If Council Members want to 'add%delete? -
4.0
41 C.oun.cil M`embe,r Moynihan - Regarding m_ern.o from Mr.. Hargis. and Util.ty°
42 Ntanag,er S~te.ve Simmons -suggestions on mo.dif.ications to agreement.
43
June 17, 2002 Vol.>38, Page 5;9
1 N1r., Hargis -Memo Mr. Simmons and I put together in November;2000, wh~e;n
2 t;he City was in discussions on Amendment 1 1. Discussed various technical
3 'issues.
4
5 Council Member Moynihan -Your suggestions for further modifications #o
6 trans systems, etc., do those still hold?
7
8 Mr. Hargis -Yes -still think important and should be included in discussions for
9 -new master agreement.
10
11 Council Member Moynihan -Haven't interjected them?
1`2
13 Mr. Hargis - No - .going through public process -want to avoid introducing
14 issues.
15
16 Council Member Moynihan -allowing contractors not to participate in
17 SCWA's conservation program -that's pretty big,.
18
19 Mr. Hargis - We may want to do more specific conservation. Want to see
20 what Council's posture is on these. We think they're still .issues to put on the
21 table.
22
23 Council.. Member Torliatt -Requested clarification of the September 29, 2000
24 document texf regarding "cost allocation for the system and future projects
25 would be based on actual water use with a `take or pay' clause based on
26 total entitlemenf." Do you pay for your .p,ro rata share of the delivery system
27 but pay a .different charge for the actual water that you use?
28
29 Mr. Hargis - We have a minimum we have to take - if you don't take it, you
30 have to pay for it anyway.
31
32 Council Member Torliatt -What is our minimum? _
33
34 Mr. Hargis -Don't know (consulted Mr. Simmons).
35
36 Council Member Moynihan -Imagine it's not an issue.
37
38 Mr. Simmons -There is no minimum now, but if they can't ..meet their bond
39 obligation, there's a clause in Amendmen 11 that allows them to charge
40 additional and this hasn't happened in the 25 years I've been here.
41 ~.
42 Council Member Torliatt -Can you get us a little more clarification on this?
43 Also -what is intertied?
44
Vo.l. 38, Page; 60
June 1:7,.2002
1 Mr. Hargis = If ;there are two parallel pipes -one on one side of community,
2 one on~ other -tied together in a w.ay. Aqueduct system,,, if' well designed,.
3 ~ may have financial advantage to City.. Depends on how system'is interned to
4 balance flows..
5
6 Council Member Torliatt -Couldn't that be used to send a lot of water farther
7 soufh if the agency decided, to do that?
8
9 Mr. Hargis - SCWA says: City's ~ivat_er a, (location based on General Plan,
10 approved byyour City, which ,predicts what fu,fure population will be. C'ap i`s
11 set on entitlement anal. the size of pipe reflects that to me.e;t peak flow: We'd
12 like to see .an exception to the cap if we want to d,q groundwater storage to
13 meet peak deman'ds.. That option of getting water in ~wirter then s'torin;g it
14 under. round to be available when needed later tci um it bacK u
g - p p ~ p a:nd'
15 reduce; stress on pipe. The cap should only be increased to allow .for that kind
16 of peak demand;.
17
18 Mayor Thompson - Do you need our backup?
19
20 Mr. Hargis'-- Transmit to wAC oursuggestions.
21
22 Council Member Torliatt - General Plan .h`as been dictating - :big policy issue
23 that troubles me. Likes what staff has put together for re:commendations.,
24 Highlight a couple of things -fair share cost a`Ilocatic~n for' impacts to,~water
25 supply yst,em in the Russian River: WAC is very cognizant of this. WAC needs
26 to make sure SCV~[A doesn't stick a ,for the whole bill for impacts to the
27 Russian River. Issue important fo ratepayers. - if I save 15%.- what do 1 get fior
28 that? Other big question -where does that water go? Does it allow' for
29 additional growth? Or .does :it stay ,in river? Valid issue.: Need to do wha we
30 ~ can to preserve e.nwironment. Not allow water we save to go to con ractors
31 to fuel, growth in our :commu:nity or others. Third issue -- groundwater -how is it
32 negotiated in this. confract? Received in'fiorrna communication that. SCWA is
33 promoting fhe idea that groundwater would become a commodity among:
34 all contractors a,nd the S:CWA; and counted as 'p'art of fhe: cillotment. 'W~e
35 ~ need, for emergency :purposes.; to maintain. all our groundwater supply as
36 ours. This should not be a talking point at all in this new agreement.. -Fourth,
37 conse.rvati'on issue -- thinks staff. is not saying ;they don"t want to Pend :money
38 on conservation, but fha:t they would like control over the money spent: and
39 not allow SC1NA tg use money for whatever they want: S,he agrees
40 completely May behoove City to have better co`ntrGl over its dollars. Currenit
41 MOU in place between contractors has a lot of conditions that should b.e
42 incorporated in new agreement:. Potentially strengthened when. it comes to
43 cities exceeding allotmen -particularly during impairment. Fifth> need to
44 `continue to. require a unanimous vote;.
June 17, 2002
Vol; `3$, Page:. 6'l
1 - ~.
2 Council Member Cadet-Thompson thanked staff for report dnd Council
3 Member Torlia:tt for -being representdtive on WAC - incredible,jo'b with huge;
4 complex issue. la we reduce water use in our own homes ~~- where does it go?
5 Should stay in Russian River to protect environment. Need fo look at long-
.
6 -term resources..This is riot just a Sonoma County issue.; 'the entire staf;e and
7 states to east of us have water issues. Should not do broad-brush stroke on
8 what we're going to accomplish. Has a problem with conservation dollars
9 going. to SCWA :and fhey decide what's done with them. Wovld rather have
10 m'on`ey stay'in City'so w.e make decisions on how fo use. Goes. for every other
11 city. It is important that Cray maintain its wells. These ate backup wells for our
12 community. SCV~/A.might want to take control over our own wells. She urged
13 this City and others to maintain their own water source for backup. We have
14 the ability to look at how vvatersystem is designed. Believes it should be by a
15 unanimous: vote: Knows a'I'ot of pain ;because of what City of Petaluma did -
16 but did come up with a betted agreement.. Also important to keep
17 wastewater treatment- facility waster under .our control .too and wisely use
18 wastewater. Wants to have better picture of storage.
19
20 Mr. Hargis -The issues of local storage and local wells are important.
21
22 Council Member' Cader-Thompson -Wants to encourage SCWA to wait
23 before sending (heir draft out so WAG. so that cities can get' then comments
24 back -sends message ghat fhey ate "pretending" to do public process.
25 Supervisors wearing different "hats" and should look at a separate agency for
26 processing water in Sonoma County. Present system has too rriany conflicts,.
27
28 Mayor Thompson -Some sympathy for SCWA -can't get all contractors to
29 participate in conservation. But if SCWA tells all contractors to come back
30 with plan for conservation - if they don't -either set up fund to support them,
31 or impose it on them. Prefers latter. SCWA could require all new'development
32 to be xeriscaped - or no water. Regarding unanim~ovs vote, if you have a
33 contractor who for some reason wants to increase:vvater'they get and won't
34 sign agreement, then we'd all be running around sa ,i'ng we don't need the
35 unanimous vote. Works both ways. Totally agrees wifh the interte. He agreed
36 with all recommendafions in both memos.
37 ~ ~ ...
38 Council Member Moynihan - May have to read recommendation in
39 November memo regarding conversation measures. Allowing all contracfs
40 option of .non-participation in SCWA conservation plan could have SGWA
41 collect a1L funds and if contractor wants to do their .own plan, they can get
42 that money back. WAC approach plus staff comments -would seem
43 productive approach for City to take. Troubled: by .people who try to ,limit
44 infrastructure to limit growth. Need to have strong General Plan and land use
vol. 38, Page 62 ~ June 17,.20,02.
1
elements,..both countywide and in Cify, Unanimous vote holds: some:
2 communities hostage. Does nq:t support creating a new water agency or
3 controlling board.,. Need to learn how` to work better with Bogrd of
4 Supervisors. Have ev<eryone's bust interests in mind -may dif,f.er on how to get
5 there. "
6 ~.
7 ,Council Member Torliatt = N.o problem with comr~iitt.ing to certain, dollar
8 amou;rit ,fo.,r conservation and have, flexibility to d.o own plan. Really
9 corice.rned with negoti,ations~ on new master agreement - ..must happen v~ith
10 all contractors at table. SC.WA tends- to rn_eet wi.t,h ,ii~divi;dUal contractors to
11 cut deals. Send message; to WAC -everyone. entitleel to same information at
12 same,time. Second; SCW.A has not pvt any cornrnents in writing to tfle
1;3 contra'ctors._ Td king points hat they would like to deal with in this agreae"menf:
14 We "ne:ed to ask them for that very clearly... Third; Torn N1r. Hargis "may"- be
15 leaving ;in September: We ,need to have staff member appoin;fed `to be~ ch`ef
16 negotiator.:..
Geoff Cartwright,..Petaluma, gave his- inpu ~ from t'he Ivl:arch 26th. Citize,n's
Advisory Com'mitte.e Water Resources.Subcommittee.meeting of the'Sonoma
County Genera) :Plan.. From. -Raul Murphy, State ~/titer Resource Control
Board, summary about dams prohibited by others affiect rights .(:from Section
7),. It is necessary to have appropriative rights to havo storage and rights are
affected b.y pu.bc trust that may result in reduction.if interpretations chan,g;e;:.
He indicated thaf the Sonoma County Waaer Agency (SCWA) Ur.ba Water
Management Plan is based on 'water availability assumptions that are not
going to ,be met and he referred to the 1 1 th ~Arn;ended Water Agre,em'ent. He.
statedthat the SCWA would not provide how much water there is availabie;
so an agreement c:an~"t b.e reached: based. on the reality, of the water upp1y.
The SCVVA `is requesting a 15% reduction while 'they! are expanding to sear..
water ~to fut:ure development interests... when :the contractors are regUeSted
to go to a S ;age 2 or 3 conservation level o:f between 25% - 65% mandatory
conservation this will be punishing. '
Mayor Thompson asked Mr, Hargis if he understood Council's dre:ctio:n on the
item. ~ ~ `
Mr. Hargis -Yes. Thank'you fbr your attention t.o this.
.. .K
June 17, 2002 Vol. 38, Page 63
1
2 ASSEM'BLY'BILL 680
3
4 Discussion.: ;and pirection Regarding Assembly Bill 680 Regarding Land Use:
5 Sales Tax and Property Tax Revenue. Allocation.
6
7 Council Member ~Cader-Thompson requested that we brin_ g agenda item
8 back when we have full council -knew Vice Mayor Healy and Council
9 Member Magu'i're had thoughts on subject.
10
11 Mayor Thompson. asked Mr. Stouder if the item. could wait.
12
13 Mr. Stouder -Yes.
14
15
16 ADJOURN
17
18 The meeting was adjourned at 8:45 p.m.
19
20
21
22 E. G' rk Thompson, Mayor
23
24
25 ATTEST:
26
27 .
28
29 Claire Cooper, City Cler Pro Tem
30
31 _~
32
33 ******
34
35
36 ..
37
38
39
40
41
42
43 ~ -
44