HomeMy WebLinkAboutAgenda Bill 05/21/2001 (9) DRAFT DRAFT DRAFT
• City of Petaluma, California
• Draft Mihutestof a,Regular
4 City Council Meeting •
5
6
7 Monday, December 4, 2000
8 Council Chambers
9
10
11 The Petaluma City Council met on this date at 2:05 P:M. in the Council Chambers.
12
13 ROLL CALL
14
15 PRESENT: Council Members Cader-Thompson, Hamilton, Healy; Keller, Maguire;
16 Mayor Thompson; Vice Mayor Torliatt
17
is ABSENT: None
•
19
zo PUBLIC COMMENTS
21
None
•
24 CLOSED°SESSION
25
26 Mayor Clark Thompson announced the following items to be:addressed in Closed
27 Session:
28
29 CONFERENCE WITH LABOR NEGOTIATORS: City Designated Representative: City
30 Attorney Richard'Rudnansky Employee: City Manager;•Go'ernment Code §54957.6
31
32 (Added) PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to
33 Government'Code §54957: Discussion of City Clerk Evaluation.
34
35 Council Member Keller excused himself and rejoined the Council in Closed Session at:
36 2:20 p.m.
37
38 ADJOURN
39
4o Closed Session adjourned at 3:00 P.M.
41
42
43
44
• City of Petaluma, California
Draft Minutes of a Regular
City Council Meeting
Monday, December 4,2000
Page 1
•
DRAFT - DRAFT DRAFT
1 RECONVENE
2 •
3 The Council reconvened its regular meeting at:3:00 P:M.:immediately following;the
4 meeting of the Petaluma Public:Financing Corporation meeting.
5
6, REPORT OUT OF CLOSED SESSION:
7
8 Mayor Thompson noted that no•reportableractionwas taken on,items.addressed'i'n,
9 Closed'Session.
to
11 ROLL CALL
12'
13 PRESENT: •Council'Members Cader=Thompson (3:20 P.M.), Hamilton, Healy, Keller,
14 Maguire;i Mayor Thompson :Vice Mayor Torliatt
15
•
16 ABSENT: None
17
18 PUBLIC COMMENTS'
19
20 John Cheney,55 Rocca Drive, asked the,.Council if Mr. Zentner was doing the
21 Environmental Impact Report on the Factory Outlet for vernal pools:.
22
23 Council Member Keller replied that Mr .Zentner was hired by the City to monitor •
24 compliance by Chelsea GCA for the environmental litigation for the loss of wetlandsLon
•
•
25 that site;iand:as the environmentakconsultant for the City on the Cross Creek
26 Subdivision to monitor compliance:
27
28 COUNCIL-COMMEN TS
29 •
30' Council Member Keller stated that he was informed by City Attorney Rich Rudnan sky
31 that the Council.must decide if Mr.,Zentner's contract should be continued. He asked
32 that this be put on the agenda for the December 11, `2000;meeting.
33
34 Council Member Maguire asked Mr Rudnansky if City agreements contain language to
35 the:effect that the consultant may be subject'totermination if convicted of violating
36 California law:
37 •
38 City Attorney Richard Rudnansky replied that they did not
39
40 Council`Member Maguire asked if,City agreements would be standardized to•contain
41 such language.
•
42
43 Mr. R udnanskyreplied that he had not seen such wording in+.typical consulting
44 agreements. Provisions could always be added to contracts.
City of Petaluma California •
Draft Minutes of aLRegular
City;Council Meeting
Monday; December 4,2000
Page:2.
DRAFT DRAFT DRAFT
Council Member Maguire;stated that he would be would like to put that on the agenda.
3
4 Vibe Mayor Torliatt'agreed.
5
6 MINUTES
7
8 MOTION: Council Member Healy moved, seconded byVice MMayor Torliatt, to
9 approve the minutes.of November 13', 2000 as submitted.
10
11 MOTION
12 PASSED: 6/0/1 (Council Member Cader-Thompson had not yet arrived)
13
14 PROCLAMATIONS
15
16 o Historic 'D' Street Bridge Renovation
17
1s Mayor Thompson read the proclamation, which thanked Fred Chapman of the
19 Water Resources'and Conservation,Department, and Mike Evert and Susan Lackie
20 of the Public Facilities and Services Department, for their dedication and hard work
21 on the project.
22
• Mr. .Chapman,and Mr. Evert thanked the Council. Mr: Evert commented on the
cooperative.efforts on the part of the Council, the community; and the Public
25 Facilities and Services Department
26
27 Mayor Thompson presented Susan Lackie with the'Employee of the Quarter Award
28 and read the City Manager's letter of congratulations.
29
30 AGENDA CHANGES, ADDITIONS AND DELETIONS
31
32 None
33 •
34 CONSENT CALENDAR
35
36 2. Resolution 00-204 N.C.S. Accepting Resignation of Mike O'Brien from the
37 Personnel Board. (Kline)
38
39 3. Resolution 00-205 N.C.S. Approving Coritract for City Manager. (Stouder)
40
41 City.Attorney Richard Rudnansky requested a revision to Agreement for the
42 Appointmentof CityManager, to indicate that"written" notice is to be given 45-60
43 days before the extension date.
• . City of Petaluma, Confoinie
DrafttMinutes of:a Regular
City Council Meeting
Monday, December 4, 2000'
Page 3
DRAFT DRAFT DRAFT
1 MOTION: Council Member Maguire moved, seconded by'Hamilton, to
2 approve-,Items 2 and 3. �.
3 •
4 .MOTION •
5 PASSED: 6/0/1/ (Council Member Cader-Thompson.had;inotyet.arrived):
6
7 1. Resolution 00-206N:C S:-Acceptingth e Completion ofthe'1998-1999`"On
8 Call"Street RepairProjecti9732. The project involved repairing streets at
9 various locationson an "On Call" basis'. The:COntractorwas called in to work
to whenever repairs were needed that;could not be handled by the City
11 Crews Final.total-project cost: :$"1:28,859:00; Contractor. North Bay,
12 Construction, Inc:; Funding'Sources` $47,374,00 in Water Funds; $46,485.00 in.
13 Gas Taxes'and $35,000.00 in SewerFunds.
14
15 Councif.Member Keller asked why the:contractor did not wantto,continue the
16 coritract;for.thesecond year.
17
• 18 Mr. EvertUreplied that they were:unable toreach an agreement on the scope=of"
19 work,and on cost issues and npted'that the.City would go out fora separate bid
20 on aSeparate contract that wodld meet,everyohes needs:,
21
22 Council Member Keller asked Mr. Evert to,.sum up the.difference in:needs for the _
23 two departments,
24
25 Mr ;:Evert'replied that Water`Resourcesand:Conservation's needs involved
26 primarily repairing water and seWer"trenches and Public Facilitie s a nd Seniices'
27 needs included'repairing largervstreet:sections, and traffic:
28
29 Council Member Keller,clarified that.North Bay Construction felt':tlat theset-up
30 time'involved;:in the small repair projects,was too long in!(comparison to the°work
31 time heeded.
32
. 33 Mr. Evert statedthat to be correct.
34 • •
35 Council Member Keller commented;that?he appreciated'the existence:Of the
36 program and would like:to see it continue successfully through the second°year.
37 He,also:stated that'he would like to discuss extending the warrantiesonstreet
38 trenches.
39 •
40 MOTION: Council Member Kellermoved, seconded.by Torliatt; to Approve
41 Resolution 00-206 N.C'S. Accepting the Completion of the°1998
42 1999"`OnrCall""Street'Repair Project9732.
43
44
City of,Petaiuma,.California •
Draft;Minutes of a Regular
city Council Meeting
Monday;,December4,2000
Page 4
DRAFT DRAFT . DRAFT
MOTION •
PASSED: 6/0/1 (fader-Thompson not arrived)
3
4 (Removed) Resolution Approving the Final Map for the Premo Subdivision.
5 The Project Would Create Ten Single-Family Residential Lots as Well as an
6 Extension of'Wallenberg Lane. The Project. is Located on an Easterly Facing
7 Hillside Adjacent to Suncrest Estates Subdivision to the South and Suncrest Hill
s Estates to the North. Three of Ten Lots Front on Sunnyslope Road.
9 Construction for the Project is Scheduled to Commence Immediately Upon Final
io Map Approval with an Unknown Completion 'Date.:No Grading Will be Allowed to
Occur Between October 15th and April 15th. The Estimated Cost of Public
12 Improvements for the Subdivision is $250,624. (Moore/Spaulding)
13.
14 6. (Removed) Resolution.Adopting Canvass of.Election. (Newly Elected Council
15 Members are Scheduled to Take the Oath of Office at the January 2, 2001
16 Council Meeting). '(Kline)
17
is 6A. (Added) Resolution 00-207 N;C.S. Approving Claims'and Bills. (Thomas)
19
20 At the request ofCouncil Member Healy, Water Resources and Conservation
21 Director Tom Hargis explained the meaning of penalties described on page 6.
22 They were a'series of fines levied on the City of Petaluma Wastewater
Treatment Plantfor various violations of discharge requirements..
25 Council MemberHealy asked what the. time period was in which these fines were
26 accumulated.
27 •
28 Mr. Hargis answered it was over a"one-year time 'period.
29
30 Council Member Healy stated that,he was willing'to move this forward but he
31 would like to see some of the correspondence.
32
33 Vice Mayor Torliatt stated that Mr. Hargis had provided Council with a copy of the
34 letter explaining'this and requesting the fees be dismissed. She also stated
35 concernsr,regarding other entities within the Sanitation District and other Districts.
36 The.standards to which they are being held at the State level are much higher
37 than those fir companies that are polluting the Bay, and she feels this is a
38 serious issue.
39
40 Council,Member Keller. asked Water Resources and Conservation Director Tom
41 Hargis'(these fines were,a result of activities of City employees or plant
42 employees, and who would pay the fines.
43
• City of Petaluma, California
Draft Minutes of a Regular
City Council,Meeting
Monday, December 4,2000
• Page 5
DRAFT DRAFT • DRAFT
Mr. Hargis replied thatplant employees had incurred the fines, and US;Filter
2 would be paying them, but'.will be discussing if the City:should pay any of the
•
3 fines.
4
5 MOTION: Council Member-Healy moved, seconded by Vice Mayor Torliatt to.
6 Adopt Resolution 00-207 N.C:S..ApprovingiClaims and Bills.
7 •
8 MOTION •
9 PASSED: 7/0/1 (Council"Member Cader-Thompson had not yet arrived).
10
11 • UNFINISHED BUSINESS
12
13 5. (Moved) Resolution Adopting the Annual Report°on Development Project
14 Fees for Fiscal Years 1998/1999,and 1999/2000. •
15
16 Finance;Director William Thomas provided background information and gave'an
17 overview and highlights of :the,executive summary:
18
19 Vice Mayor Torliatt,stated that she didnot review the report because she
20 understood that it had been:;moved to a date:certain. She requested that it:be
21 put,on the calendar for December 11,;,2000 so-the,public and any Council,
22 Members who had the same misunderstanding would haveLan opportunity to
23 review the report.
24
25 Continued to the December'11, '2000'CouncitMeeting.
26
27 PUBLIC COMMENT
28
29 Mr: Vince Landof, 12 Cordelia Drive, noted that the $6 million had never been
30 spent and questioned why it was being included now
31
•
32 City Manager Fred Stouder replied that the $6 million to which Mr. Landof
33 referred had to do with the next phase of the project He offered to meet with Mr-:
34 Landof to discuss the report.
35
36 Bryant.Moynihan, 102 Dawn Place,stated that the.report was°incomplete and
37 should?be,consistentwith the other.report'on the Payran Flood:Management
38 Project. He pointed out that as of 1994, the City was required by the State-to
39 report these fees, and it had not been done for six°years. He thought the City
40 should'recreate the past six or seven years and show them correctly, make sure
41 the Developer in lieu fees were properly+accounted for, and have a public •
42 meeting and allow an open "discussion ofthe.figures. He did,notthiink it
43 appropriate.for Council Members to adopt:the report:i'n its current form. He.
44 offered his assistance to recreate the report.
City ofRetaluma,6California
Draft.Minutes of a Regular
'City£ouncil Meeting
Monday,aDecemtier 4;,2000
•
Page,6
DRAFT DRAFT DRAFT
•
•
Charlie Carson, Home'„Builders Assobiation,referred to the requirements of AB
3, 1600; GC 66000-66008, regarding development fees and asked that a more
4 comprehensive'report'be..considered.
5
6 Geoff Cartwright, 56 Rocca,Drive, stated that he believed here developers
7 wanted to-have-the^funds put into'the PCDC Fund so that they can be used for
8 . development projects rather than legitimate fedeveloprnent.
9
10 Finance Director'WilliamThomas, in response to Mr.,Moynihan's comments,
11 explained that the Payran`Reach Flood Control amount was only,$1,134,000, but
12 'showed as $1,680,000 in the;;report. That figure included the Payran Street
13 Bridge/Lakevill&Street Bridge/Railroad Bridges.
14
15 Mayor Thompson asked for an explanation concerning the lack of details in the
16 report.
17
18 Mr. Thomas replied that it.hadbeen difficult to get the figures from 1999 projects
19 and that moving;forward would;notbe as difficult`because'these projects were
20 currently being tracked.
21
22 Council Member Healy asked if a more comprehensive-report?could be made
• available and,if it was necessary:,to go back to 1994 in order to provide more
detail.
25
26 Mr. Thomas replied that he would be able to provide numbers, but a percentage
27 breakdown would probably not be possible, as he would be using figures from
28 previous audit's.
29
30 Mayor Thompson suggested that the item return next Monday, December 11'tn
31 for the Consent Calendar.
32
33 Council Member Keller asked what the consequences were of not going back to
34 1994.
35
36 Mr. Thomas'-was not aware of any consequences-and..deferred`to'City,Attorney
37 Rudnansky.
38
39 City Attorney Rich Rudnansky replied that he was not aware of any direct
40 consequences at this point.
•
41
42 City Manager Stouder stated that his understanding°wasthatthe State reporting
43 requirement, as it was first written, was satisfied with that information being in the
44 Annual CAFRA,as opposed to the report that is currently being done.
°Cityof;:Petaluma, California
•
Draft Minutes of a Regular
City Council Meeting
Monday, December 4,2000
Page 7
DRAFT DRAFT DRAFT
1 Mr. Rudnansky replied that=there had;been inquiries in the past in'thatregard.
2
•
3 City Manager Fred Stouder;regarding the annual reporting requirement, stated
4 that the argument was that it was satisfied through the annual:financial
5 statement.
6 4
7 Council Member,Keller noted the importance of,und'erstanding the prds and cons
8 of doing the work, the expense involved, and the consequences-of notdoing it
9
10, ' Council Member Maguire inquired of Mr. Thomas if he knew how.:other cities
•
11 handled this.. •
12
13 Mr. Thomas replied that it had previouslybeen handled through.the.City.s;
14 financial report.
•
15
16 The.Council concurred that the'item;should return next week.
17
18 7: Regarding Payran Flood Management Project-Financing and Budget.
19 Report Regarding;Status of Payran^Project''and Discussion and Possible.
20 Direction
21
22 City Manager Fred Stouder,stated wititthe recent';authorizationfagreed'to by
23 both..houses of Congress, it was appropriate to;go4back'and seetwhere the
24 project was,financially and what the next steps would be, legislativelytand
25 financially.
26
27 Director of Economic.:Development and RedeVelbpment Paul Marangella
28 provided current financial information regardingthe project.
29
30 Mayor Thompson acknowledged Mr. Marangella's efforts and;accomplishments
31 andextended his grateful appreciation.
32
33 City Manager Stouder noted that City Managementiasked for Council's direction
34 to publicly proceed with the next phase.
35
36 Council'Member Healy supportedirequesting the $12,8'million'in reprogramming.
37 •
38 - COuncil agreed.
•
39
40 PUBLIC COMMENT
41
42 Vince Landof, 12 Cordelia Drive, spoke regarding design and funding for
43 project,reimbursements;and incremental;development upstream flood
44 ,project;at Payran.
City of Petaluma, California
Draft Minutes ofa,Reguier
City-Council1Meeting
Monday, December 44000
• Page 8
DRAFT DRAFT DRAFT
10 r 8 ; Discussion and Possible Action Regarding Acceptance of.EMS Study as
4 Prepared byEnlergency Consulting and Research:Center. Cost:of`Proposal is
5 $29,875. Funding Source: Ambulance Enterprise Fund, which will be modified
6 to reflect the Fund Expenditure during the January'2001 Mid-Year Budget •
7 Review. Total Staff Time: 300 Hours.
8 ■
9 'Fire Chief Terry Krout provided'background,information and introduced Mr. Ty
10 Mayfield of ECRC (Emergency Consulting and Research Center):
11
12 Mr. Mayfield gave a summary of the project, which'included a review of the .
13 existing EMS system, a financial analysis, and evaluation of the feasibility of an
14 ;enhanced Fire.Department'EMS.
15
16 Council Member Keller requested a map of calls.and response time delineations.
17 .
18 Council Member Healy suggested :reactivating,the Citizens Advisory Committee.
19 He also wanted a map of calls-and response time delineations. He asked for
20 input on havirig one ALS engine fully staffed, and consideration of more efficient
21 staffing during peak demands.
22
• Council Member Maguire stated that he was satisfied•with the report.
25 PUBLIC COMMENT
26
27 Judd Cunin, President of Firefighters Association Local 1415, stated that the
28 union wholeheartedly supported Mr. Mayfield's report.
29
30 END PUBLIC COMMENT
31
32 MOTION: Council Member Maguire moved, seconded..by Vice Mayor Torliatt,
33 to AdoptResolution 00-209 N.C: S. Acceptingthe EMS Study as
34 Prepared by Emergency Consulting;and,Research Center.
35
36 Council/Member Keller asked if this would be coming.back for follow-up
37 discussion. -
38
39 Vice Mayor Torliatt stated that she would like to see the _Mid-term Budget Review
40 incorporated in some of the recommendations of the report.
41
42 Mayor Thompson stated that he would like to see this in the first quarter of next
43 year.
44
S City of Petaluma, California
Draft Minutes of a Regular
City Council Meeting
Monday, December 4, 2000
Page 9
DRAFT DRAFT DRAFT
1 MOTION •
2 PASSED: 7/0/1 (Council Member:Cader-Thompson had inotyet arrived)
3
4 9: (Removed) Ridgeview4Heiglts Subdivision (reschedule-dip December 1'1,
5 2000) (Moore)- Discussion and Possible Action on a,Resolution Adopting a
6 Mitigated Negative'Declaration for°the Ridgeveiw Heights'subdivision.
7
8 A. Discussion and Possible,action onaa Resolution Approving the Tentative
9 Subdivision;Map and PUD,Development.Standards for the Ridgeview Heights
10 Subdivision.
11
12 NEW BUSINESS
13
14 10.
(Removed)Presentation of Annual Report by;Empire`Waste Management and
15 Resolution to.Adopt 2001 Refuse.Rates. (Beatty)
16
17 11. Introduction of Ordinance2106.N C.S', Establishing a Set of Mandatory'
18. Campaign;Cont`ribution)Limits and Disclosure'.Regulations for Local Petaluma
19 €lections and Public Funding Provisions forCandidates, (Rudnansky)'
20
21 Council Member:Hamilton provided reasons for having this;item;;added to
22 Council's agenda and thanked Mr Rudnanskyfor'his assistance in the^matter.
23
24 City Attorney Richard .Rudnansky gave an overview of the campaign
25 contributions.ordinance.
26
27 Council Member Maguire,pointed:out;a`typographical error on Page 9,:line 20 of
28 the revised ordinance draft'. The.word "imitated"should be corrected to',read
29 initiated.
30
31 Council Member.Keller questioned enfdreement"as=stated in',theSrevised draft,
32 page`9, lines•12=13.
33
34 Mr. Rudnansky stated that an individual could bring:litigation only after th'eyliave
35 requested the City to°initiate litigation. If the Citydid not agree Within tenidays;
36 the individual had days-in which'to file. He.,added'thatthe City'of Santa
37 Rosa's ordinance did not take into consideration matching fund's, and added that
38. matching funds were;voluntary.
39
40 Mayor Thompson noted that•he did net support the City matching?public"funds.
41
42
43 -
44'
City of Petaluma California,.
Draft Minutes of a:Regular •
city Counci l'Meeting,
Monday; December'4,2000
• Page 10
DRAFT DRAFT DRAFT
PUBLICCOMMENT
Bruce Hagen, 1'45;Grevillia Drive; spoke in support of i andatorylimits on
4 campaign contributions. He also spoke in support of.'mandato y limits on
5 campaign contributions on behalf of Mr. David Glass, a Petaluma resident, who
6 had to leave the Meeting.
8 END OF PUBLIC,COMMENT
9 •
10 Mayor Thompson asked City Attorney Richard Rudnansky if there was,,any
u question as to the legality of this ordinance.
12
13 City Attorney. Mr. Rudnansky replied not at the State level', but there was at the
14 Federal level.
15
16 MOTION: Council Member Maguire moved, seconded by Cader-Thompson,
17 to Introduce Ordinance'2106 N.C.S. Establishing a Set of
18 Mandatory Campaign`Contribution Limits and Disclosure
19 Regulations for Local Petaluma Elections^and Public Funding
20 Provisionsfor Candidates.
21 •
22 Council Member Healy supported campaign reform, noted that he would not
support the ordinance if the use of public funding was included, and commented
on a few of the practices that he supported.
25 •
26 Mayor Thompson supported further research and suggested a,sub-committee of
27 the Council address the
28
29 Council Member.Kellersupported.moving?forward with'the legislation and
30 clarified voluntary limits in connection with'the matching public funds.
31
32 Council Member Maguire suggested a,reduction in the Voluntary funds to
33 $10,000 and noted that it Would reduce public matching funds:,in half.
34
35 Council Member Hamilton supported the suggestion:
36
37 Vice Mayor Torliatt supported campaign reform and commented on the
38 provisions in the ordinance that she agreed with and stated that she did not
39 support public'funds being used"as matching funds for political campaigns.
40
41 Council Member Cader-Thompson,stated that matching`funds were the key to
42 having a level playing field forall candidates.
43
•
•
City of Petaluma, California
• Draft.'Minutes,of a=Regular
City Council Meeting,
Monday, December 4',, 2000
Page 11
DRAFT DRAFT DRAFT
Council Member Maguire spoke in favor of matching funds and encouraged •
2 Council to recognize the value and support the issue.
3
4 Council'Member Keller clarified that if there was no public moneyandh.po
5 contract,there could be no voluntary, cap and no public financing; Heksuggested
6 it was an environmental issue:to clean up the election process in Petaluma.
7
8 Council Member Hamilton.asked if the amount of funds was the concern and
9 asked Council Member Healy to bespecifie:
10
11 Council,Member Healy replied it was the use of public funds to get people to sign
12 on with which he disagreed and he thought there were otherways such as°the
13 good will and good publicitycreated'by signing•on to a voluntary spending',limit.
14
15 Council Member Keller stated:thatheihad tried that twice- four and six years ago
16 and had no success.
17 -
18 Council Member Healy continued that incumbents'with',name recognition'had_
19 less need-for contributions and challengers have to raise more than the
20 incumbent.
21
22 Council Member'Maguire:thoughtthatwas a::good point.
23 •
24 Council.Member'Hamilton commented-that she knew,of several possible,
25 :candidates who had told her their only reason•for not running was the exhaustive
26 time and energy needed to,raise thenecessary campaign funds.
•
27
. 28 Council Member Cader-Thompson questioned the $200 limit and noted that
29 there wereacomments that it:.was•too low.
30
31 Council Member Hamilton stated that if anything it was too high.
32
33 . Council Member Maguire thoughtitwas high enough.:
34
35 Council Member Healy stated that he was looking fora campaign finance reform
36 package that did not'include public funds.
37
38 CouhcilMember-Cader-Thompson asked if:the central depository included all
39 campaign literature.
40
41 Council Member Healy stated it was in the'language and directed her to look in,
Y,
42 the packet from City Attorney Rudnansky, which included a provisiori to\file
43 campaign materials to 49.7.11 C'of theLA ordinancewitl the City`.Clerk:"as the
44 recipient,hethen read it to the public,,.stating that the important point:was that it
,45 covered'both campaigns and independent literature.
City of Petaluma,California •
Draft Minutes of a Regular
i CityCouncil Meeting,
Monday;December 4, 2000'
Page 12.
DRAFT DRAFT DRAFT
• Council Member Cader-Thompson agreed to adding that provision
3
4 City Attorney Richard Rudnansky clarified the inclusion of a provision to file
5 campaign materials to'49.7.11 C of the,LA ordinance'with the City Clerk as the
6 recipient. Regarding individual contractors, he suggested a revision to Page 7,
7 subsection A to add `other'than himself or herself" One possibility would be to
s eliminate the definition listed in the proposed ordinance and use the definition
9 used in the government code or add a provision indicating that if the provision in
to the ordinance was inconsistent with the government code, the government code
11 definition would prevail.
12
13 Council Member Keller clarified that if the expenditures were above the
14 contracted limit,the funds should be repaid to the public.
15
16 Council Member Maguire agreed that language=to that effect should be included
17 in the.provision.
18
19 City Attorney Rudnansky asked for clarification that the,provision would indicate
20 that the candidate would :return any funds over the $20,000 limit to the public
21 fund.
22
Council Member Maguire added that it should be returned within 30 days after
election end and that it should be made part of the contract.
25
26 Mr. Rudnansky summarized,changes made to the revised provision:
27
28 e Under heading "Definitions' page 2, subsection'D 01 130025 would be
29 deleted and picked up later. In terms of eligibility for matching funds, there
30 would be added under 130050B an item 5, which would state that the
31 candidate would agree to pay back all public matching funds that exceed the
32 contracted lihiit.
33 • Regarding;the clause for the twenty pieces of literature:: Will add the LA
34 section 49.7.11C and. put it under "Disclosure""subsection C.
35 • Page 9, line 20, change "imitate" to "initiate:"
36
37 MOTION
38 AMENDED: Council Member Maguire moved, seconded by Cader-Thompson,
39 to Introduce Ordinance 2106 N.C.S. Establishing a Set of
40 Mandatory, Campaign Contribution Limits and Disclosure
41 Regulations for Local Petaluma Elections and Public Funding
42 Provisions for Candidates as amended.
43 .
10 City of Petaluma, California
Draft:Minutes of a Regular
City Council Meeting
Monday, December4, 2000
•
Page 13
DRAFT DRAFT DRAFT •
•
•
1 Vice Mayor Torliatt;noted that she would support the motion but that she was not •
2 in favor of using public funds.
3
4 Council;Member Healy stated thathewould not support the motion and;thought
5 . $200 too low- $500:would be
reasonable.
6
MOTION
s PASSED: 5/2.(Council Member Healy; Mayor Thompson voting "no")
9
10 PUBLIC COMMENT
11
12 None •
13
14 ADJOURN -•6:30 P.M. •
15
16 CONTINUATION OF CLOSED`SESSION.
17
1s City Attorney Rich-Rudnansky announced;the-continuation of Closed:Session; City
19 'Clerk'evaluation.
20
21 AGENDA:CHANGES, ADDITIONS, DELETIONS -.Moved to the evening,sessionr.
22
23 12. (Amended) Discussion and possible.Action Regarding Requestfor Funds°for'
24 Petaluma"Watershed Partnership:.
25 -
26 12A. (Added)•°Discussion Regarding Formation of Subcommittee for Contract
27 Discussions with Petaluma Community Access (PCA). (Beatty)
28
29 * * * * * *
30
31 RECONVENE_
32
33 The Council reconvened its regular meeting at7 05'P!M. in the Council Chambers:
34
35 REPORT OUT OF CLOSED.SESSION
36
37 Mayor Thompson noted that no reportable action WaS`•taken oil items discussed in.
38 Closed Session.
39
40 ROLL CALL
41
42 'PRESENT: Council Members'tader-Thompson, Hamilton, Healy, Keller, Maguire;
43 'Mayor Thompson; Vice Mayor Torliatt
44,
City of.Petaluma,California •
Draft Minutes of a Regular
City,Counail Meeting •
Monday, December:4,2000
Page 14
•
DRAFT DRAFT DRAFT
ABSENT: None
3 PUBLIC,COMMENTS
4
5 Richard Brawn, 141 Grevillia Drive, spoke in=support of the,City Managers approved
6 contract and acknowledged the positive contributions he had made to the City.
7
8 Terence Garvey, 83 Maria Drive;,spoke regarding holidays and AIDS.
9
10 Vince Landoff, 12 Cordelia.Drive, .questioned the employment of John FitzGerald as a
11 conflict of interest and spoke about flood insurance-payments.
12
13 Eugenia Shribbs, 2100 East Washington Street, #104, spoke in support of the City
14 designating an area at Kenilworth Park for Lawn Bowling, updated the Council about
15 the approval of the Petaluma Lawn Bowls Club non-profit designation and gave a
16 summary of their application for funding'the rconstruction of a lawn bowling facility.
17
18 Betty Coleman, 1177 Brighton View'Circle, spoke in support of lawn bowling,
19
20 Eugene Ruggles, 106 Washington Street, #326, spoke in support of the Phoenix
21 Theater and presented Vice Mayor Torliatt with a bouquet of red roses in
22 congratulations.for her re•election.
CORRESPONDENCE
25
26 None
27
28 COUNCIL COMMENTS
29
30 Council Member Cader-Thompson:
31
32 • Spoke in support of lawn bowling and asked that the item be scheduled for a future
33 agenda.
34 • Stated that the:light crOssing On Sonoma'Mountain Road is:now.working.
35 • Noted that she wouldlike to see more push-button crossings;for pedestrians.
36 • Spoke about the expansion of Cisco Corporation and the impact if would have on
37 the conlmunity;.Le., housing,:transportation and recreation. She would like to have
38 the corporation come before Council.
39
40 Vice Mayor Torliatt:
41
42 • Thanked Mr. Ruggles for his presentation of poetry, and for the.roses.
43 • Attended the North,Bay Watershed meeting and said there should be a reception in
44 February to discuss North Bay Watershed plans.
• City of Petaluma, California
Draft Minutes of a Regular
City Council Meeting
Monday, December4, 2000
Page 15
e '
•
DRAFT DRAFT DRAFT
1 • Attended the Water Advisory Committee meeting that,morning,and reported that the •
2 Committee was'not'happy with the suggested'additions Council made to the MOU,
3 but came to a compromise to agendize for the December 1'1th meeting for-Council
4 Discussion.
5
6 Council (Member-Keller: •
7
8 • Reported thatthe Water Agency had not provided a financial report to'the
9 Committee, the.Water Agency had been:working onP.a new filtrationsystem for a
io year now and.have not had any'discussion;with the public, the Water Advisory,.
11 Committee;or contractors. There was no written documentation for'the^filtration_
12 plant, which was,a $1,000,000,000 project The:Committee has asked that a
13, disclosure be made:.
14
15 Council Member Maguire:
'16
17 • Asked if anyone on the Committee had raised..the possibility of a Freedom of
18 Information'Act'req u est'.
19
20 Council MemberKeller:
21
22 • Stated that as an individual Council`Member he will be sending inpa California.Public
23 Records;Act request to the Water Agency requesting all documentation for the past Si
24 thirty,years on all Filtration Plant needs, decision making, policy-making, and .
25 financing.
26
27 Vice Mayor Torliatt:
28
29 • Reported that°in January 2001 the Water Agency,Committee,would receive an.
30 update on Section 7 consultation; in February the SCWA was planning to°provide a
31 staff'report:and presentation on`the six water filtration options.
32
33 Council Member Keller:
34
35 • Reported thafthe,January Water Agency Committee„meeting would befor
36 discussion on Warm Spring iDam and`Dry Creek: There would not be discussion
37 about the Potter Valley Project -the'Committee had,decided that was/separate.
38
39 Council Member Maguire:
40
41• • 'Referred to a letter-dated November 28, 2000 from the City yManager regarding
42 sabotage affecting Adobe Creek.
43
44
City of Petaluma,California 11111'
Draf'Minutes of'a:Regular'
Giby:Ceti-ri l;Meeting
Monday, December 4;,2000
• Page:'16
DRAFT DRAFT DRAFT
0 Council Member Keller:
•, ,Stated that it maybe necessary to have a brief update nextaweek,:for Council at
4 Public Session on the negotiations regarding thexdisposition;and,building°permits of
5 high-water bypass at the Doyle Heaton property at Cross Creek.
6
7 CITY MANAGEMENT COMMENTS
8
9 None
10
11 COUNCIL, CITY MANAGEMNT.LIAISON_REPORTS
12
13 None
•
14
15 AGENDA CHANGES,,ADDITIONS:AND DELETIONS
16
17 None
18
19 PROCLAMATION.
20
21 • 75th Anniversary of Petaluma Host Lions Club presented to Dick Lieb.
22
APPOINTMENTS
25 . A. Planning Commission (One Appointment)
26 B. Site Plan & Architectural Review Committee (One,Appointment)
27 C. Personnel Board (One Appointment)
28
29 In response to a question by Council Member Healy, City Manager Stouder
30 recommended an appdihtmentnot'be'made to the Personnel Board.
31
32 UNFINISHED BUSINESS
33
34 12. (Amended) Discussion and`Possible Action Regarding Request for.Funds for
35 Petaluma Watershed Partnership.
36
37 Vice Mayor Torliatt stated that she had requested this item,be agendized, which
38 is a request to help fund and support the beginning of the partnership..
39
40 Council Member Healy requested information regarding the proposed funding
41 from the Water Recycling Facility Project and:asked if the $22,000 for the project
42 would be from the water or sewer fund.
43
® City of Petaluma, California
Draft Minutes of a Regular
• City Council Meeting
Monday, December 4,2000
Page 17
•
DRAFT DRAFT - DRAFT .
t Council Member Keller stated that he would like input from the City Attorney on
2 the.City's ability to put funding such as this into an enterprise which would act to •
3 enhance-thatiactivityat aaower cost with the potential of getting agency credits.
4 This is a productive way to spend water'system funds.
5 .
6 Vice Mayor Torliatt reported that the North BayWatershed Association is:also
7 doing this type of work, which is outside the Citys jurisdiction., She thought this a
8 worthwhile project and that the Water Management Plan and water quality would
9 'both:•be.:enhanced by this project..
10
11 Council Member Healy requested general principles for what are appropriate
' 12 charges that can be placed in the enterprises fund.
13
14' City.Attorney Richard Rudnansky stated that typically it is to be used for the
15 particular,projectlenterprise. 'He added":that•he,would research the types of
16 funding thatcould be placed'in the fund. •
17 •
18 Petaluma Watershed Partnership Steering,Committee Member Andy-Rodgers
19 provided a•summary of the Petaluma Watershed Partnership:land review of°,its
20 work. He.reported that the response from the limited outreach membership was
21 very good-and that they already have several strong supporters for this project
22
23 Mayor Thompson asked if Mr. Rodgers had spoken to Mike Kerns, Liaison to 0.
24 North Bay Watershed Association.
25
26 Mr: Rodgers replied that he had spoken with Mr. Kerns and his response was
27 very positive.
28.
29 Council Member Keller thanked everyone involved in the project. He asked Mr-:
30 . Rodgers to:supply Council Members with"copies of the budget for.the $22,000: '
31
32 Council Member Healy asked`what would happen to the part-time staff/position
33 after the six•months,is up.
34 •
35 Mr. Rodgers stated,that'it depended on the success of;that"six months and
36 obtaining additional funds. .
37
38 Vice MayorTorliattwould like to see so me bt the Prop 13-funds used oh local
39 projects.
40
41 Council Member Hamilton stated that the timing was,of`importance and that
42 Council needed to ask'forthe:ifunds and bring thatforward.
43
•
City of Petaluma California •'.
Draft Minutesiof'a:Regular
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Monday,December 4,'2000
Page'18
DRAFT' DRAFT DRAFT
I MOTION:- Vice Mayo rTorliatt"moved,.seconded by Council Member Hamilton;
to.accept Requesbfor FundsforPetaluma Watershed -
3 Partnership.. .
4
• 5 Council Member Healy requested information form the City Attorney regarding
6 the source of funds.
7
8 City Attorney Rudnansky statedthat he was not certain how the funds were
9 earmarked in this particular fund.
10
11 Council Member Healy thought that important information to have before making
12 the vote.
13 .
14 Council Member Keller'agreedthatthe item should return°nextweek.
15
16 Item continued to the December 11,2000 Council Meeting.
17
18 PUBLIC COMMENT
19
20 Terence Garvey, 83 Maria Drive, spoke in opposition.ofscreating a third.agency
21 for water.
22
END OF PUBLICCOMMENT
•
25 Council Member Maguire stated in reply to Mr. Garvey that he didn't feel that
z6
$22,000 would have,a significant impact,on the Water Treatment.Program and
27 that the intent is to;aid in improving water quality.
28
29 • Council Member Maguire thought it was a good use of funds and recommended
30 putting it on the Consent Calendar'for next week.
31
32 Council Member Cader-Thompson asked. Mr. Hargis if the Zone 2A regulations
33 would be less restrictive wheniworking outside Zbne-2A so projects could be
34 accomplished quicker.
35
36 Mr. Hargiss,replied that.Zone 2A has done maintenance projects in the past but
37 he didn't know if it would be'easier. -
38
39 Council Member Cader-Thompson commented`that she wanted clarification
40 provided to Mr. Garvey.
41
42 Vice Mayor Torliatt stated that she would withdraw her motion pending additional
43 information about the source of funds and have it on the Consent'Calendar for
44 December 11,,.2000.
• City of Petaluma, California
Draft Minutes of a Regular
City Council Meeting
Monday, December 4, 2000
Page 19
DRAFT DRAFT DRAFT
•2 Council Member wanted.the project:funded and was open to•any •
3 suggestionsas'to where funds should come from.
4
s 12A. (Added) Discussion Regarding Formation of,Subcommittee for Contract
6 Discussions with Petaluma Community Access .(PCA).
7
8 Assistant City Manager Gene Beatty provided background':information regarding
9 contract dis cussions.
10
11 Council Member Cadre-Thompson indicated her desire to'participate.
12
13 Mr. Beatty added that Council Member elect Bryant Moynihan had expressedia
is desire to.serve.on the•subcommittee.
15
16 Council agreed to have two representatives with the understanding that when Mr:
17 Moynihan toolcoffice, heLwould•be the second representative:
18
19 Vice,Mayor Torliatt requested,that the:'City Clerk participate in"the:negotiations
zo and discussions, since she is a Liaison to the Petaluma Community Access
21 Board.
22
23 Council Member Keller asked'if Council lwould',be-receiving,an update.,on the
24 audit of AT&T and PCA Fees.
25 -
26. Mr.!Beatty statedthat he,had an"appointment'ahe following day with the
27 consultant and an update would be available soon'. •
28
29 Council Member Torliatt asked Mayor Thompson if Council was inagreementon:
30 those two issUes.
31
32 Mayor Thompson replied that,Council was.in agreement.
33 -
34 PUBLIC
35
36 13. McDowell Boulevard/E.`Washington,Street;Intersection.Transportatio n
37 Improvement Project Assessment District 2000-01 (Project No 9863, Phase
38 3).
39
40 A. Public Hearing - Receive Ballots.
41 Bt Adopt Resolution Approving the Final Engineer's Report, Confirming
42 Assessment, Ordering the Work':and Acquisitions, and Directing Actions With
43 Respect:Thereto. -
City of Petaluma,California •
Draft,Minutes of`a=Regular
City Council;Meeting;.
Monday, December 4,:2000
• eage.20
DRAFT DRAFT DRAFT
C. Adopt Resolution Waiving Traffic Mitigation Fees for Property Owners Within
Assessment District 2000-1.
D. Addpt Resolution Approving Compensation to the Best Western Petaluma
4 Inn'and.the Beacon Service:station to Mitigate ConStruction,Impactsfrom the
5 Proposed McDowell.Boulevard/East Washington'Street Transportation
6 Improvement Project, and Authorizing the CityyManager to Negotiate the
7 Compensation,Agreements.
8 •
9 Engineering Manager Michael Evert reviewed the process and detailed issues
to that musts be addressed todetermine if the public hearing could be closed that
11 ' night, reviewed the background of the assessment district and noted that fifty-
12 one percent of,the assessed evaluation was necessary to approve the
13 Assessment District Plan.
14
15 City Manager Fred Stouder explained that the City would be using the State
16 Investment Pool - which was partly how the City operates. It was a cash
17 investment pod! under which an investment,from one secured investment was
18 moved to another secured investment.
19
20 Vice Mayor Torliatt clarified that the City would be receiving a return on the
21 investment on money it normally has invested in something which creates
22. income for the City.
• Mr. Evert continued with his summary of the reviewed:communications City
25 Management had with4he,property owners'.
26
27 Mayor Thompson requested that any remaining ballotsbe turned at this time.
28
29 PUBLIC COMMENT
30
31 Victor Chechanover, 2301 Marilyn Circle, asked if the assessment costs were
32 based on a percentage or a fixed dollar amount:
33
34 Mary Grace Pawson, Assessment..Engineer with Harris and Associates, replied
35 that assessment-figures`were based.on'a fixed,rate on an approved amount,
36 which is proposed to-be $1,310,000., This is the maximum.amount and cannot
37 be exceeded w_ ithoutanother ballot process.
38
39 Vice.Mayor'Torliatt asked:if that amount was set.highiso re-balloting would not
40 be necessary; and,can the`amount:be reduced if costs came in lower.
41
42 Ms. Pawson answered that construction cost estimates and contingencies have
43 been maintained at 25% above the anticipated cost for that reason.
44
• City of Petaluma, California
Draft Minutes of.a Regular
• City Council Meeting:
Monday, December 4, 2000
Page 21,
•
DRAFT DRAFT DRAFT.
Mr: Chechanover clarified that the citizens of'Petaluma area assured that the •
2 City wouldn't be burdened with extra costs. He also suggested that the City
3 negotiate with COTS to give temporary shelter to the homeless, since the City
4 would•be paying for-these rooms:
5
6 Chuck Sires, Plaza,North property owner„spoke regarding how'tenants view
7 assessments:and.added that he!was expecting legal challenges from:several of
8 his'tenants regarding assessment fees.. He requested that the'City.help",property
9 owners by reimbursing assessment fees:
10 •
11 City`Manager Fred Stouder noted that all the>annual propety/sales taxes:did`not
12 pay'the costof"Police and Fire in this community.
13 •
14 John J. King„retired Council'Member the City of Petaluma from.1941-49;
15 • 1955-62, representing the Novak property/South Plaza, stated'that there was no
16 way that we could get any profit from this project as the rent was set1and couldn't
17 be changed: 'He did not see.any benefit to the property owners.
18
19 Mayor Thompson stated that-the #4 Resolution was approved contingent on
20 property owners approving°the assessment district.
21
22 Mr Evert replied that it would be good for they Council to move resolution.
23
24 MOTION: Council Member Keller moved', seconded.`by Cader-Thompson, for •
25 the Purpose of Discussion with the added contingencyof the
26 majority of property owners approving the assessment'district:
27
28 MOTION.
29 PASSED:. 7/0
30
31 City Manager Fred Stouder noted that the City's;recommendation wasthat.if
32 property owners did not agree with the project plan, there would be no reason to
33 proceed.
34
35 Council -Member Maguire supportedCity Management'ssecommendation. •
36
37 City Manager Fred Stouder th ought that reimbursement to Best Western Inn was
38 fair.
39
40 Vice Mayor Torliatt agreed thatthe hotel should pursue the possibility'of working
41 something out With COTS.
42
43 Victor Chechanover thought Council needed to pursue negotiations with COTS.
44
Cdy of Petaluma,CAfornia • •
D`raftMinutes of a Regular
City Council Meeting
Monday,,December4;2000
Page 22
•
DRAFT DRAFT • DRAFT
•
Council MemberMaguire,moved that;the Mayor.vote.in the affirmative on the
i, City Parcel.
3
4 Mayor Thompson.voted to Adopt;Resolution Approving Waiver of Traffic
5 Mitigation Fees to Property Owners.
6
7 Mike Evert reported the result of the Ballot count was 54% in protest. City
s Management.recommended that Council hold;.the Public Hearing open until the
9 following Monday to determinewhatreasonable„modifications could be made.
to
1.1 Mayor Thompson'announcedahatthe Public Hearing would be held open.
12
13 City Manager Stouder reported the reason for open Public Hearing was to
14 open negotiations for changing conditions.or resolutions to:City Council. The
15 intent was not tore-negotiate the package.
16
17 Council Member Maguire agreed that the package should not be re-negotiated.
18
19 Vice Mayor Torliatt stated that she felt,that,all would pay the fees and that the
20 only alternative is paying mitigation fees.
21
22 Council Member- Keller agreed.
Council Member.Healy agreed.
25
26 Council MemberCader-Thompson agreed and felt the City had done well with
27 negotiations thus-far in reducing the fee from $.24 to $.16 per square foot.
28
29 City Manager Stouder announced the continuation of the Discussion of Public
30 Hearing to the,December 11th meeting, -7:00.P.M.
31
32 Mr. DeCarli spokeaboutprivate money being used for public benefit.
33
34 UNFINISHED BUSINESS'
35
36 14. (Amended) Discussion and Possible.Action on Introduction of an Ordinance
37 Expandin •.the Zero Net Fill Policy.
38
39 Water Resources^and Conservation Director Tom Hargis reviewed the Zero Net
40 Fill Policy and explained that the purpose of the ordinance wasto expand the
41 Zero Net Fill area to include any area of the floodplain within City limits.
42
43 His recommendation"was to`take the ordinance through the Planning
44 Commission and thento1he City Council for.Adoption of the Urgency Interim
City of Petaluma,California
Draft Minutes of a Regular
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Monday, December 4, 2000
Page 23
DRAFT DRAFT DRAFT
1 Ordinance. He also recommendedcontinuing with the 2-foot floorelevation •
2 requirement.
3
4 Council Member Healy asked;for;clarification on what areas;of;the floodplain had
5 a 1-foot,floor elevation requirement-and which had':a 2,-foot floor elevation
• 6 requirement.
8 Mr. Hargis stated'that anything.other-than the current net fill'area_ had;a 1-foot
9 requirement.
10
11 Council Member Cader-Thompson inquired as to how the decision fora 2-foot
12 floor elevation was made: •
13
14 Mr. Hargis replied that in 1987 a resolution.was adopted creating 'a Zero-ENet Fill
15 policy,and was included in,theaz ningordlnarlce. It may have been concern'..
16 about'hydraulics as a safety factor.
17
18 Council Member Cader-Thompson asked if/a 2-foot floorelevation was sufficient.
19 •
20 Mr. Hargis thought thatitwas,
21
22 Council Member Keller stated'that under FEMA regulations, development is
23 allowed to increase,.base'flood elevation•upto'12 inches With no insurance or dik
24 coverage consequences.
25
26. Vice Mayor"Torliatt, referring to the flood plain map, asked why'the=area at the
27 Brodie Parcel, adjadent to the railroad tracks; was expanded.
28
29 Council Member Keller replied that just as the construction of Highway 1!01 had
30 changed-theflow - probably the construction of the railroad hadchanged'the'flow
31 and created a pond in that area.
32 •
33 PUBLIC COMMENT
34
35 Bob Martin referred,to the,flood plainrtap.and notedthat on"the. East,side of
36 Highway 101 there wasn't,much'leffland zero net fill would be advisable.. He
37 recommended that FEMA revise the;11-year-old•flood maps:and,apply some
38 Corps Project money to fundthe FEMA re-mapping. He added that an accurate
39 base-flood'elevation was.essential for zero net-fill to succeed. •
40
41 David Bradley,,Rider Homes, was concerned that floodplain map was not
42 accurate, particularly with regard to,the Brodie:Property. Heistated that_the
43 Brodie_Parcel:was taken-out of,the floodplain and documented by:FEMA and he
44 would like the ordinance to reflect those changes. •
City'of Petaluma, California •'
Draft'Minutes of.a Regular
City Council'Meeting
Monday,December 4,2000
Page 24
DRAFT DRAFT DRAFT
'Vice Mayor Torliattrequested'Mr.'Bradley to supply Mr Hargis with-that
3 information.
4
5 Council Member Keller noted that the current panels'are from.1989 and should
6 reflect those changes and revisions.
7
8 Matt Connelly, Chelsea GCA Realty,, Inc_,:'supported the ordinance as drafted.
9 He asked what area was to be included in the zero-net fill area and
10 recommended that council consider net fill run-off. He is opposed to a
11 moratorium. He thanked Council Members,Hamilton and Keller for their time and
12 assistance.
13
14 Mr. Hargis stated"th"at the recommendation from City Management was that
15 Council adopt the.ordinance expanding thezero net fill area covering all lands in
16 the floodplain combined district within the floodplain.
17
18 Terence Garvey, 83 Maria•Drive, clarified that the.ordinance only applied to
19 Petaluma and that the.City should be working with'the County and Zone 2A to do
20 the same thing He,discussed .the holding reservoir-plan that was discussed
21 years ago and`felt'it:shouid be reconsidered.
22
Geoff Cartwright, 56/Rocca Drive, stated thatithere wasn't much of the floodplain
area still undeveloped and thought the zero,net filkpolicyshould include the
25 entire floodplain area He thought:the policy was insufficient and recommended
26 adding alternatives 1 and 3.
27
28 Vince Landof, 12 Cordelia Drive, stated that it was the new construction that was
29 causing the new flood areas.
30
31 Council Member Healy agreed with expanding thearea to.include the East side
32 of the Freeway abovethe:Payran Bridge. He thought it appropriate for Council
33 to adopt the Interim:Ordinance with respect>to the entire area,and then ask the
34 Planning Commission•to loOk,/at the area and:decide if upstream.of Payran
35 should be treated the same as the.downstream area He then discussed the
36 possibility"of adding-fill one foot above the base flood elevation and asked City
37 Managemenf,about:the possibility of Grandfather Rights.
38
39 Vice Mayor Torliatt suggested also adopting something to address the run-off
40 issues forpark'ng lots.
41
42 Mayor Thompson stated that there was a program in place for that already.
43
44 Council Member Keller would like to address that issue but keep it a separate
0 issue.
Cityof Petaluma, California
Draft Minutes of a:Regular
City Council Meeting
Monday, December 4, 2000
Page 25
DRAFT DRAFT DRAFT
1 •2 Council Member Cader-Thompson did'not;agree=with development in the
3 floodplain area and felt upstream development would degrade.,<the project:
.4
5 Mayor'Thompson;asked the.Council to vote.,
6
7 Council Member Keller discussed the designated floodplain::areas and stated
8 thatatwas a policy decision for Council';'the decision being whether or not
9 development would be allowed in the downtown floodplain,area He thoughFthat
10 floor;elevation, safety factors;rand'the added risk of those properties being
11 phased should be considered.
12
13 He reminded residents in the Payran area that when that area was removed from.
14 theifloodplain area and re-mapped, there would no longer be:a Federal liability to
15 carry flood insurance, leaving residents unprotected when flooding did occur:_
16
17 Council Member Healy would;like to have\the:Planning Commission review the
18 issues and come back to Council with a'recommendation.
19
20 MOTION: Council Member Keller moved, seconded by Vice Mayor Torliatt, to
21 Adopt Interim Ordinance, 'Article 16:of'Zoning Ordinance Expanding
22 Boundaries of ZerocNet Fill Area to be Submitted toa Planning
23 • Commission'for,Public•Hearing and Recommendation to City
•
24 Council.Including,Recommendation as Noted.
25
26 MOTION
27 "PASSED:. 7/0
28 •
29 NEW BUSINESS -
30
31 15. (Added) Discussion and'Possible Action on Urgency Interim Ordinance'for the
32 City Council.ofthe City of Petaluma Prohibiting.Any Uses That,May be in Conflict
33 with a Contemplated;NewcGeneral Plan and any Attendant Amendments to°the
34 Zoning and Subdivision Ordinances Pursuant to Government Code Section
35 65858.
36
37 PUBLIC COMMENT •
38
39 Mr: Bradley;,stated that he:is,currently,an applicant on the Brodierparcel`and;
40 asked thatthis,parcel be removed from'thefloodplain-designated area..
41
42 Matt Connelly, Chelsea GCA Realty, Inc., was;&opposed to the Urgency
43 Ordinance and thought all properties within the watershed area should be
44 included:
City of Petaluma,,California •
Draft:Minutes of a•Regular
' City Council Meeting
Monday,;Decenibe•4,,2000 •
Page 26
DRAFT DRAFT DRAFT
•
John Cheney, 551Rocca Drive, Thought a moratorium was needed until the
3 project was complete.
4
5 Geoff Cartwright, 56 Rocca Drive, referred to Government Code §65858,
6 whereas applications completed will not'be affected by the moratorium - he
7 would like to know:how many applications there are. He then referred to the
8 flood plain map and demonstrated how building in the floodplain area would
. 9 create disasters downstream in the non-flooding areas-..
10
11 Vince Landof, 12 Cordelia Drive, referred to:page 4, item,K, and stated that this
12 should include, "also increased flooding potential"'.Ile asked how many building
13 permits were applied for and granted within the'last thirty days. He agreed with
14 Mr. Cheney regarding a moratorium.
15
16 Scott Vouri, 1557 Mauro Pietro Drive, supported delaying development in
17 floodplain areas until new studies, in concurrence With the General Plan, are
18 done. He discussed the recommended changes and proposed that the-following
19 items be removed: page 4, last item; page 5, item 0, line 1 ; item V, residential
20 rental units should not be'exempted. •
21
22 COUNCIL COMMENT
Council Member Keller thought that passing ordinance would put the City in
25 compliance with the federal policy if it stated the following:
. 26 • No building in flood plain •
27 • Protect only what cannot be moved and must be preserved
28 • Remove anything else that would be in jeopardy
29
30 He was willing to make the exception "downstream of Payran "
31
32 MOTION: Council Member Keller moved, seconded by'Cader-Thompson, to
33 Adopt Urgency Interim Ordinance with the following changes:
34 Page 2, delete lines 8-12.
35 •. Page 2, line 28, delete•and change phrase to 'Which may
36 create flooding conditions."
37 • Page 3, section,,3, change language to "upstream of Payran
38 'Bridge."
39 • Page 4, line 12, eliminate "peak traffic generation likewise,
40 with lines 18-19, replace with "storm drain run-off."
41 • Delete childcare facilities-exception N; delete in;section O,
42 `transit solid waste, non-commercial„recreation'.and religious
43 facilities."
44 • Leave below or at grade and parking.
• City of Petaluma, California
Draft Minutes of a Regular
City Council Meeting
Monday, December 4,2000
Page 27
DRAFT DRAFT DRAFT
1 • Delete,item V, line 15-17.
2
3 MOTION
4 FAILED: 512- (Council Member Healy,..Mayor Thompson opposed)
5
6 Council Member.Healy stated thatthe!pursuance of three policies;would'
7 preserve the long-term effectiveness,of the Corps of Engineers flood fix:.
8
9 a' Expansion of Zero Net Fill.;
10 e 'Zero Net-increase'ordinance for watershed. •
it Moving forward with the:detentionpond projeathat RMhstarted".
12
13 He did`not°support:the moratorium.,
14
15 Vice Mayor Torliatt thought there were'existing problems that need to be•
16 .addressed.
17
is ADJOURN
19
20 The meeting was adjourned at 11:15 P.M.
21
22 ■
23 E. Clack Thompson, Mayor a
24
25
26 ATTEST:
27
28
29 Beverly J. Kline,:City Clerk
30
31 . ,;: ., .
32 •
•
City_of Petaluma, California •
DrafeMinutes of a'i2egular
City Council,Meeting'
Monday, Decerriber4,'2000
,Page 28