HomeMy WebLinkAboutCity Council Minutes 12/17/20011
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December 17, 2001
City of Petaluma, California
Minutes of a Regular
City Council Meeting
Monday, December 17, 2001
Vol. 37, Page 95
ROLL CALL 2:00 P.M.
PRESENT: Healy, Torliatt, Vice, Mayor Cader-Thompson, Maguire, Moynihan
ABSENT: -O'Brien, Mayor Thompson
There was no one wishing to speak.
PUBLIC COMMENT
COUNCIL COMMENT
Councilrnember Torliatt stated that she had heard there was a special SPARC
meeting on January 17th at 7:00 p.m. for the Water Street Improvements. She
would like to :know if that is ,going to be scheduled and if the meeting could be held
in'the Council Chambers.
Councilmember Maguire received a letter from John -Marc Dobrin, an attorney. who,..
has raised the issue of AT&T's notice to customers regarding policies.:He asked Mr.
Rudnansky if he had a chance to look into this matter and if Council` would like, to
send a letter of support to AT&T telling them to stop abusing people.
Richard Rudnansky, City Attorney„ stated, that he did receive the letter and has
forwarded it to an individual in his firm that deals with telecommunication issues as
well as the Franchise Agreement, to see whether or not the allegations or claims by
the attorney are -accurate.
It was Council concurrence to have Mr. Rudnansky explore that and send a letter to
the attorney.
MINUTES -
The Minutes of November 12, 2001 were approved as submitted.
The Minutes of November 14, 2001 were approved as submitted.
The Minutes of November 19, 2001 were approved as amended: Page 29, Line 19
& 21, change "zero net fill" to "zero net runoff."
The Minutes .6f. November 28, 2001 were approved as submitted.
Vol -37, Page 96
December 17, 2001
1 Minutes. continued
2
3 Motion made by Councilmember Moynihan, second by Maguire.
4
5 AYES: Healy, Torliatt, Maguire, Moynihan, Vice Mayor Cader=Thompson
6 NOES: None
7 ABSENT: O'Brien, Mayor Thompson
8
9
10 CONSENT CALENDAR
11
12 The following items were enacted in one motion made by Co.uncilmember Torliatt,
13 seconded by Vice Mayo'r Cader-Thompson:
.14
15 AYES: Healy, Torliatt, Maguire, Moynihan, Vice Mayor Cader.-Thompson
16 NOES: None
17 ABSENT: O'Brien, Mayor Thompson
18
19 RESO. 2001-201 NCS
20 RFP REFUSE & RECYCLABLE COLLECTION SERVICES
21
22 Resolution 2001-201 NCS Approves :Agreement `with Hilton, Farnkopf & Hobson,
23 LLC,, to prepare, a Request for Proposal for 'Refuse and Recyclable Collection
24 Services, in anticipation of existing waste hauling contract expiring June 16, 2004.
25
26 RESO.2001-202 NCS,
27 JUVENILE AccOUNTABILITY`BLOCK GRANT
28
29 Resolution 2001=202 NCS Authorize Police Department to accept ' a Juvenile
30 Accountability Block: Grant' from the Office of ,Criminal Justice Planning in the
31 amount' of $11„303. Required matching 'funds, of $1,296 will be taken from the
32 Patrol Overtime_ Account.
33'
34
35 ***** End_ Consent Calendar *****
36
37
38
39 PAYRAN FLOOD MANAGEMENT PROJECT
40
41 The President signed the FY 2001/02 appropriations for $7 million dollars to the
42 Petaluma Payran Flood Control Project and $2.5 million for- dredging. Staff met with
43 the San. Francisco District Office representatives and the agreed upon dollar
44 amount to complete the construction in FY 02/03 and to fully -reimburse the City
45 would be $11.8 million dollars. This would constitute the .next federal. year _budget
46 request, FY 2002/03..
December 17, 2001
Vol. 37, Page ,97
1 PAYRAN FLOOD MANAGEMENT PROJECT, continued
2
3 Councilmember Torliatt questioned whether or not a railroad bridge was going to be
4 built or a different type of railroad bridge in order to provide access to the one
5 industry?
6
7 Fred Stouder, City Manager stated that an industrial spur line would be provided to
8 that industry. We're talking about not constructing the second bridge and having an
9 industrial railline serve the one industry. The issues focused on right now are
10 getting it on the Board agendas of the Golden Gate Bridge and the Pacific Railroad
11 Corporation in January, resolve issues with the property owners. and proceed with
12 the right-of-way acquisition that would be involved.
13
14 Councilmember Moynihan is requesting an updated report on the CIP Program, in
15 particular the Payran Flood Management project outlining the history of the
16 revenues and expenditures.
17
18 Mr. Stouder advised that this update would be coming to Council when the Midyear
19 Budget is presented.
20
21 TENTATIVE AGENDA FOR JANUARY 7, 2002
22
23 Approved with the following amendments:
24
25 List Council Liaison Appointments.
26 List Appointments to City Commissions/Committees for the. evening meeting.
27 Remove Council Rules, Policies and Procedures and place on next future agenda.
28
29 Motion made by Councilmember Torliatt, seconded by Maguire. .
30
31 AYES: Healy, Torliatt, Maguire, Vice Mayor Cader-Thompson
32 NOES: None
33 ABSENT: O'Brien, Mayor'Thompson
34 ABSTAIN: Moynihan
35
36 Councilmember Torliatt would like the future agendas to be kept in numerical order.
37
38 Councilmember Moynihan would like an update on the financial status regarding the
39 revenue shortfall the City is currently experiencing with the General Fund.
40
41 Mr. Stouder stated' that when the figures come in from the State they would be
42 passed on to the City Council.
43
44 Staff will present Council with a six-month schedule on meetings regarding Streets
45 and Roads.
46
Vol. -3-7, P.age 98
December 17, 2001
I Councilmember O'Brien arrived at 3,05 p.m.
2
3
4 RESO. 2001-203 NCS
5 WATER. CONSERVATION MARKETING WITH
6 COUNCIL FOR COMMUNITY TELEVISION.
7
8 Resolution 2001-203 NCS Approving a Professional Services Agreement for
9 furnishing 'materials and services for Water Conservation Marketing with Council for
10 Community Television.
11
12, Councilmember Maguire asked if there would be a cost to receive those broadcast
13 signals after the end of the one-year.
14
15 Lynn Hulme stated that 1here will be a cost of -$5 per month and after the pilot
16 program they will be looking:
at options to either have the City carry it with the Water
17 Conservation Program or the individual customers. The ET controllers are
18 cor*ollers that can be manually adjusted just like the controllers with or without the
19 signal.
20
21 Councilmember Maguire felt the Kiosk should be stationed at the Library.
22
23 Councilmember Torliatt would like'to have as much of this
is program on the Web site
24 as. possible for those who are notable to get to wherever the Kiosk is located. Staff
25 should look - into partnering with North.bay Watershed Association to make this
26 happen.
27
28 Ms. Hulme'stated that Was not being proposed, but that they are proposing to take
29 the Kiosk to the Watershed Association and. other. Water Agencies to. see if there
10 can be some cost sharing and re -scoping the project so it is hot sp ifically
i specifically
31 Petaluma. The streaming videos that you see in -the Video Contract can be viewed
32 on the Web page. They could also be used on the Kiosk, but the description of what
33 happens on the Kiosk is a description of whattheKiosk project is.
34
35 Councilmember Torliatt would like to see more educational videos on where water
'36 comes from, Amendment 11 .issues, .Master Water Agreement discussions and the
37 challenges we face 'in providing a sufficient water supply for the community. She
38 Would. like the Council updated on visions of Gray Water Systems. and providing
39 those within the. community.
40
41 Councilmember Healy asked what ' 'the process was for 'selection of, programs and
42 funding for those selected. What is the process that brought these particular
43 projects to the fore?
44
45 Ms. Hulme stated that in building -a marketing, program for the, City we started out
46 with simple messages on, water bills and with each step the program was expanded.
December 17, 2001
Vol. 37, Page 99
1 Creative ideas from staff and Council, researching other programs statewide,
2 meetings, gleaning information for marketing campaigns that have worked and that
4 RES.O..2001-203_ NCS
5 WATER CONSERVATION MARKETING WITH
6 COUNCIL FOR COMMUNITY TELEVISION. continued .
7
8 are successful and if their successful here, .then we try to :grow them a little more
9 and if not we -modify .them and change each year.
10
11 CouncilmemberMoynihan, what is the benefit of regional and local?
12
13 Mr. Hargis stated that there are things we can do in our community that specifically
14 works for Petaluma. Mass media works well on a regional basis. To broadcast from
15 a local television station would be beneficial to do that region wide. Marin County's
16 Conservation Programs have, benefit to us because we have a lot of worker's south
17 of us that hear these messages and come home and do some of those things.
18
19 There is always a need for a Water Agency in relation to mass media. It's efficient
20 for the Water Agency to hire teachers that go .into all the ' different classrooms
21 including Petaluma's with an educational, program rather than us having a teacher.
22 There are certain things that we're doing,jarge irrigation audits that are specific to
23 ' Petaluma. We work with the commercial userto help them with water conservation.
24
25 Introduced by Vice Mayor Cader-Thompson, seconded by Torliatt.
26
27 AYES:; O'Brien, Healy, Torliatt, Maguire, Moynihan,
28 Vice ,.Mayor Cader-Thompson
29 NOES: 'None
30 ABSENT: None
31 ABSTAIN: Mayor Thompson (arrived at the meeting late)
32
33 Grant Davis; Executive Director of the San Francisco Bay Institute commended the
34 Council for this action. The institute has been working to promote the good work
35 being done in Petaluma.' The Governor's Office of Planning and Research has
36 been looking at the Industrial Water Use Efficiency Component and caught the eye
37 of the EPA. Award that was -received and with that we took the liberty to invite them
38 to Petaluma. There is a meeting tomorrow and I will .tell them about your vote today
39 so we can demonstrate the ET device. What is so remarkable about this is it takes
40 advantage of a ;State investment that has already ,been the satellite -measuring
41 device that the city is taking advantage of. These devices, really take the human
42 error out of that. I think that is what has the governor's office looking at the City of
43 Petaluma and you're the first to make the formal request. Petaluma is leading the
44 way. We will take the liberty to talk about this program and the Industrial Water Use
45 Efficiency.
46
Vol. 37, Page 100
December 17, 2001
2
3
4 ' ORD. 2124 NCS,
5 REDWOOD EMPIRE SPORTS. ASSOCIATION (RESA).
6
7 Mr: Rudnansky, City Attorney, stated that there was some discussion, about Mr.
8 Colorado, who resides on Washington Street„ wanting toi have service to possibly 4
9 or 5 new dwellings on his property. .If he comes forward with new development on
10 that.property en the UGB would have to be. looked at�to determine whether or not he
11 has any rights to .water without. going, to the vote. of the people. There are no
12 guarantees that he would be able to have water to new residential properties.
13
14 "Councilmember Healy what this would allow would be water connections insofar as
15 their consistent with the UGB measure?
16
17 Mr. Rudnansky stated, that yes and that he also believed it would be. allowed, for
18 existing residential properties beyond the..UGB.
19
20 Councilmember Maguire would ,like, to incorporate Mr. Blanguie's suggested
21 language modifications and he would be willing to give _him the authority to
22 negotiate per Mt..'Rudnansky's .description of his suggestion, i.e. allowing the .Risk
23 Manager to negotiate if necessary'if you decide: to go with these higher limits and
24 some of his other language, and that if it's a problem because of the industry, that
25 you allow the Risk 'Manager to negotiate those terms.
26
27 Councilmember Moynihan is not comfortable with Subordination Agreements. He
28 does not feel the..City'shoul.d subordinate its properties to a construction loan or any
29 kind. of loan. He'would like to investigate -other ways to secure a Joan or finance this . _
30 project so the City would not'be subordinating its properties.
31
32 Jim Carr, Parks and Recreation 'Director, stated that there were..di'scussions'relating
33 to the Subordination Agreement .and that, if necessary, 'it, would' be only during the.
34 construction portion of it only and then it would be refinanced. We felt there ,was
35 enough protection during that short period of time that the property would not -bp at
36 risk. �-
37
38 Mr.- Rudnansky, there was also aveT' short-w,indow in which the money had to be
39 paid back so the at risk time is fairly short. It is a risk"the City takes. In order to
40 make this work the bank is looking for some collateral and often it 'is the land. An
41 alternative would be if there were some other property that could be used as
42 collateral or security for`the loan.
43
44 Councilmember Torliatt feels having a Subordination Agreement is not .the best
45 situation for the City. It allows the City to be at. risk. The minutes of November 19
46 Councilm _ember Healy made a motion #o introduce the Ordinance with four
December 17, 2001
Vol. 37, Page 101
1 modifications, 1) annual draw down test if required by the city staff until the tertiary
2 water is available; 2) review of the individual financial statements by a Council
3
4 ORD. 2124. NCS
5 REDWOOD EMPIRE SPORTS ASSOCIATION (RESA), continued
6
7 subcommittee; 3) that the guarantors have a financial wherewithal equal to the
8 amount of construction loan; 4) the option for the City to take over the well. She
9 advised that Vice Mayor Cader-Thompson had requested that signs that would be
10 put on the site would come before SPARC instead of being administratively
11 approved as well as who pays for tertiary water and that the City needed an option
12 to keep the well open if they so chose. These issues are still outstanding and need
13 addressing.
14
15 Mr. Stouder stated that since we aren't providing tertiary water that decision
16 probably hasn't been completed.
17
18 Councilmember Torliatt the information needed .is to make sure we have the
19 financial situation taken care of as far as the property and that we have a hold of the
20 situation as it pertains to the water that would be used on this site. We need the
21 flexibility from'the City's standpoint as it pertains to the private well before we do
22 supply tertiary treated water to this site. That we have the control over managing
23 that well and a cap on the amount of water that can be used on the well or at least
24 have d up to the discretion of -the manager for the Water Department. She is also
25 not convinced: about the draw down study that has been discussed as it pertains to
26 the folks on the other 'side of the UGB. Based on the motion made at the last
27 Council meeting that information has not been provided as was requested.
28
29 Mr. Rudnansky, in terms of 'some of the changes that Councilmember Torliatt spoke
30 ,of I believe that they are incorporated in terms of the language necessary for the
31 contract in term"s of the information regarding the personal guarantors I don't have
32 those, but I think the thing to keep in mind is that the city is not required to sign a
33 Subordination Agreement until we receive, those and its to the satisfaction of the
34 City Manager that they have the wherewithal over and above the construction loan
35 to meet•that requirement.
36
37 Councilmember'Healy, the main line of protection is the Finance Director and City
38 Manager who will have the opportunity to review that. He regarded the Council
39 subcommittee a& an extra layer of protection to give Councilmembers who had a
40 particularinterest in that, the opportunity to review it.
41
42 Mr. Stouder stated these documents would be scrutinized by the City Manager and
43 City Attorney prior to approval to make sure there met with no exceptions.
44
45 Public Comment
46
Vol. 37, Page 102
December •17; 2001
1 Juan Colorado stated that he'would like something in writing to take to the .County
2 stating that he will be able to receive City water if the sports complex should affect
3 his well. He is planning on building future dwellings and planting vineyards.
4 ORD' 2124..NCS
5 REDWO.OD',EMPIRE SPORTS ASSOCIATION (RESA), •continued
6
7 Mr. Rudnansky stated that the lease would not be -signed before the City Manager
8 received the financial -information and the subcommittee reviewed the documents.
9
10 Draw down test:
11
12 Healy suggested an annual draw down tesHf required 'by staff until tertiary water is
13 available.
14
15 Mr. Rudnansky stated that appears in Section 6. Page 9, line 332=333,.
16
17 Torliatt is concerned about the fact that we are completing a Water._ Resource's
18 Element for this City as part_ of .the. General ;Plan process. We don't necessarily
19 have a handle on how much our system can handle drawdowns out of the aquifer.., I
20 don't'like being able, to sink, wells and not have some sort of cap on the amount of
21 water that comes out of it. She _would like to at a minimum see staff,be, able -to have
22 the authority to regulate•the amount of water that is applied on this piece dp_r perty
23 in any .given, cycle or year for the fact that We're required by -the Impaired Water
24 MOU that we have to pump our own well water to provide supply for the' City. If
25 there are anyimpacts:from h1.aving to pump that much:Water out of the system and
26 not have all the in before us. at this time that we at least have control; over
27 that well and staff have, the ability to monitor'it or regulate it.'
28
29 Councilmember Healy stated he would honor that thought and perhaps Mr. Hronec,
30 would sign up for one of the ET devices so he is not Wasting water.
31
32 Mr. Hronec advised Council that he has had conversations with Mr. Marian on the
33 Weather Track System. Mr. Marian has assured'him the system would be available
34 for industrial/commercial use. It would_ save about 40% of the water- use that would
35 normally be used.
36
37 When tertiary water is available for this complex hew ould negotiate with the City for
38 their use of the well.
39
40 He does not want to use a Subordination Agreement: unless it is necessary
41
42 Mr. Rudnansky regarding the possible use of the well by the. City, there, is, language,
43 in the lease on page 8, Iine.308-314 that indicates that the City at its discretion may
44 use the well and that the design of the well'should keep in mind that possibility.
45
December 17, 2001
Vol. 37, Page 103
1 Councilmember Tor.liatt wanted to know if that is at the time that the sports complex
2 no longer is using the well? She was referring to up until the time the tertiary water
3 is available.
4
5 ORD. 2124 NCS
6 REDWOOD EMPIRE SPORTS ASSOCIATION (RESA), continued
7
8 Councilmember Maguire asked if there was some way, for u's to limit the draw
9 should there be an extended drought and he .is drawing 'down the water table and
10 it's impacting our wells. Do we have anything within our rights as a water
11 organization to curtail that well pumping?
12
13 Mr. Hargis, it is a complex legal process of allocating who gets how much water and
14 the ability to regulate it..Petaluma may have some emergency provisions we could
15 envoke.
16
17 Mayor Thompson felt that there was a mechanism county wide to regulate the water
18 in case of an emergency.
19
20 Councilmember Maguire asked In the context of our water system and shed does.
21 this project look like its well could be a risky venture for the City?
22
23 Curt Bates, Community Development Department advised . Council that staff has.
24 had numerous discussions with Steve Simmons of the Water Resources
25 Department, it was his opinion that the amount of water to be used by this project
26 would not jeopardize the ground water in this area. Staff also contacted Sonoma
27 County Water Agency and this is not a water scarce area in that the ground water
28 supply is plentiful.
29
30 Mr. Carr when Prince Park was designed it was set up so that the City can shut all
31 wells off. Mr. 'Simmons has the capability to do a mechanical hook-up of the two
32 wells at Prince Park and one at Rooster Run into the City's drinking water.
33
34 Councilmember Torliatt my point is if we ask Mr. Simmons whether or not he would'
35 like the ability to be able to regulate the water that is pumped out of this well I think
36 he would probably, say `yes'._ The more authority you have and the ability to manage
37 your systern is the best position for the City considering the fact this is City owned
38 property, and it is ..a public/private partnership and, �if 'the City is to retain control of
39 the water system in this area they would like to be able to do that.
40
41 If we're going to do something :about the water situation now is the ,time to do it.
42 You can't negotiate after the fact.
43
44 Mr.. Rudnansky advised that there might be some language that could be added that
45 might assist that. Right now there is an indication that prior to any decision to
46 abandon the well the City has the right to determine whether or not the well can be
Vol. 37, Page 104
December 17, 2001
1 utilized for domestic water production.. Perhaps language to, the, affect that prior to
2 any decision to abandon said irrigation well and before the tertiary water is available
3
4
5 ORD. 2124 (VCS
6 REDWOOD EMPIRESPORTS ASSOCIATION (RESA), continued
7
8 the lessor (the City) shall have the right, to., determine whether or not the well needs
9 to be utilized for domestic water service.
10
11 Councilmember Torliatt feels that is moving in the right direction.
12
13 Councilmember Healy agrees with Mr. Rudnansky's modification.
14
15 Councilmember Moynihan can something be proposed outside of this action to
16 alleviate Mr. Colorado's concern? I think it's only appropriate if' the, water table is
17 drawn down and the Colorado's are not able to continue to have a supply they
18 currently have that they get made whole again. He would like to see that' as a
19 friendly course of action between the City and the Colorados.
20
21 'Councilmember Torliatt Would like a legal document that both parties needs to live
22 by. She advised thatshe would not vote in favor of this project until she has the
23 financial information in front of herarid the public also,
24
25 Councilmember Moynihan supports the language.
26
27 Councilmember Healy in the absence of iron clad language the family would like
28 they have his commitment to make sure their held whole.
29
30 . Mr. Rudnansky stated there is no language because the UGB is',in place:. It doesn't.
31 mean down the road that..he may not be able `to.- it, there are exceptions, there is
32 one exception . regarding support of agricultural use, so depending .on what the
33. project. is, .a determination would have to be made at that time by Council .and
34 certain findings made. The other road is also to have an amendment by the vote of
35 the people.
36
37 Counpilmerriber Maguire., the' issue the Colorado's are:.raising is that they have their
38 own well and as long as that well 'Was operating at full capacity they could build a
39' 'cdrtain number of neW llorries on their property, under the current county 'zoning.
40 What their looking for is to preserve that .much, at least and I think we owe: them that
41 much. What their concerned about is -that if there is a well that then impacts them
42 because of this' project that in turn would affect the county's decision on allowing
43 them to build. How do we indemnify them against a'negative impact?
44
45 Councilmember'Torliatt, I guess my concern `is that. we don't impact ,the aquifer. that
46 we have here and we address the issues when we find out there is a, problem.
December 17, 2001 Vol. 37, Page 105
1 What we should be doing here is managing the system from the front end and not
2 addressing the issues when we hit a point of no return. I don't want to see that
3 happening with this project or any other project that occurs in this area. Second
4 Maybe since we 'can't do anything at this time as it pertains to hook-ups,' domestic
5 water hook-ups there is something we can do in order to try and protect some of the
6 agricultural use around our UGB that we allow some sort of hook-up or potential
7 hook-up to the tertiary water system with the City of Petaluma since we are
8 providing tertiary water for agricultural use.. And only for an agricultural use
9 component as Mr. Colorado has talked about, .grapes or any other type of farming
10 entities. I would like to put that out on the table as a potential option to at least allow
11 some value to be offered at this time in writing to the Colorado's because of her
12 concern with the issue of this draw -down. (having the ag use taken away from
13 properties outside the UGB if we basically sucked the amount of water out from
14 underneath that property we defacto don't allow to have Greenbelts around the
15 edge of our community)
16
17
18 ORD. 2124 NCS
19 REDWOOD EMPIRE SPORTS ASSOCIATION (RESA), continued
20
21 potential hook-up to the tertiary water system with the City of Petaluma since we are
22 providing tertiary water for agricultural use.
23
24 Mr. Colorado stated that he just wanted to maintain what they have and not lose Yit.
25
26, Mayor Thompson, when we get the tertiary water over to Rooster Run any of the
27 agricultural users along the way will have the option to tag on to that pipe:
28
29 Councilmember Maguire, we need to encumber ourselves with the conscious act of
30 saying that if their at the end of the line and other agricultural users are taking and. it
31 gets down to Mr. Colorado and there's not enough sufficient for his agricultural
32 needs that he doesn't get left out in the cold.
33
34 Mr. Rudnansky, perhaps some type of contract between the City and Mr. Colorado
35 indicating that to the extent allowed by law that we would provide him tertiary water
36 when available and again the details and amounts. If, it's just an indication that the
37 Council would do this and it's not a contract, obviously future Council's can change
38 that.,
39
40 Councilmernber Healy stated that tertiary water won't be available until the sewer
41 treatment plant is built and the Rooster Run line is in at which point RESA should be
42 off of the well. Were talking about a mitigation that won't be available until after the
43 problem is gone away. The period of most concern for the Colorado's is before the
44 tertiary water becomes available.
45
Vol. 37, Page 106 December 17, 2001
1 Mayor Thompson, if we find that this complex is pumping out more water, effecting
2 Mr. Colorado's well, what do we do?
3
4 Mr. Bates, stated that staff has been under the presumption that any, existing
5 houses that are impacted by this well would be mitigated_ .with city water services.
6 Staff can't predict whether or not additional units will be built there in the next 6
7 years or .vineyards or any other type of a- landscaping will be installed and because
8 of the temporary nature of the well it was staff's, opinion that we should limit this to
9 just the existing residences that are there now.
10
11 Mayor Thompson If we can't get the language into the lease] think you will have
12 enough minutes here showing, that the Council is morally supporting Mr. Colorado,
13 but really have no language to craft.
14
15 Siqns and Promotion
16
17 Page 20 does not reflect the change that was agreed upon by Council, which stated
18 Ghat, this would go to SPARC.
19 ORD.. 2124 NCS. - .
20 REDWOOD EMPIRE SPORTS ASSOCIATION MESA). continued
21
22 Councilmember Torliatt. as Airport Liaison, the Airport Commissioners have been
'23 pushing for expansion of� services at the airport and one of those is ultralights and
24 accommodating their, use: and expansion of their use. The flight pattern is directly
25 over RESA for the Ultralights.
26
27 Councilmember Healy suggested .having a discussion with the Airport Commission
28 around__ that issue.
29
30 Councilmember 'Maguire made the motion to adopt the Ordinance approving the
31 RESA Project, seconded by O'Brien.
32
33 AYES: O'Brien, Healy, Maguire, Moynihan, Mayor Thompson
34 NOES: *Torliatt, *Vice Mayor Cader-Thompson
35 ABSENT: None
36
37 Councilmember Torliatt voted no because she felt the public was entitled to know
'38 their financial partners are in developing this property..
39
40 Vice Mayor Caller -Thompson voted no because the information she had requested
41 was not made available to the Council
42
43 Councilmember Maguire with respect to the Subordination clause, if there is a
44 default the city can always step in and cure the default and go after the personal
45 guarantors which means that if we satisfy ourselves to the wherewithal with the
4'6 personal guarantors I think we're home clear. Maybe Mr. Moynihan should be on
December 17, 2001 Vol. 37, Page 107
1 their subcommittee and look at their financials to assure himself everything is
2 copasetic.
3
4 Councilmember Moynihan is very comfortable with the administration or staff
5 reviewing the financials.
6
7 Councilmember Healy agrees with Mr. Moynihan and the policy implications of that.
8 1 support this but I don't regard that as a precedent and in the future we should try
9 not to have those provisions in these arrangements at all.
10
11 Councilmember Maguire asked the City Manager' and Mr. Carr to coordinate the
12 subcommittee review of the financials.
13
14 WATER, WASTEWATER AND SURFACE WATER RATE STUDY
15
16 John Farnkopf, President with Hilton Farnkopf & Hobson, presented the Council
17 with a status report describing the Rate Study process. The Multi -Year Financial
18 Plan will determine the revenue requirements 'from rates over the projection period
19 of five years 2002/03-2006/07. What we do after we determine the financial.
20 projections of expenses arid, ,revenues and reserves is to allocate the rate years
21 revenue requirementamong customer classes referred to as Cost of Service
22 Analysis. The last part of a rate study is calculating the rates for each of the
23 customer classes. Typically there is a fixed charge acid variable charge. To help
24
25 WATER. WASTEWATER AND SURFACE WATER RATE STUDY. continued
26
27 you understand the impacts of those rates on customers we developed typical
28 customers and calculated what their bills would be.
29
30 There are a lot of ratemaking objectives, the two key one's are fiscally sound and
31 equitable rates. In order to do, that we want to make sure. on the fiscally sound side
32 that the revenue requirements are covering all of the operating and capital.
33 expenses as well as funding reserves adequately. We want to snake sure that each
34 customer class pays its share of the ,revenue requirements. In looking at water rate
35 alternatives we want to make sure that one of those alternatives considers
36' increasing block rates. On -the Wastewater rates for residential customers we want
37 to look 'at some usage -based rates and also calculate connection fees to be sure
38 that growth pays its share.
39
40 Water Fund AnalIvsis
41
42 ® Five-year projections of expenses, revenues, and reserve to determine revenue
43 requirements.
44 e Establish reserves.
45 ® Operations & Maintenance — working capital allowance
46 ® Major Capital— CIP funding sources
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Vol. 37, Page 108
December 17, 2001
►. Construction —schedule of capital ,improvements
► Equipment Renewal & Replacement — revolving fund
► Drought —rate stabilization
• Set rates for gradual, equal annual increases during projection period.
► Avoid rate spikes
► Keep up with inflationary cost increases — minimal ,rate increase built in
every year..
• Water Fund
Rate Structure Alternatives
Alternative 1. Current structure
Service charges proportionate to connection size (8%)
Consumption charge equal, for all classes (92%),
■ Alternative 2: Cost of service based structure
Increases service charges four -fold (34%)
Consumption charge. equal for all classed (66%0)
■ Alternative 3. Hybrid structure
Maintain current service: charges (conservation orientation)
Customer classes pay cost of service (equity),
Residential consumption charges either uniform or.increasing
block rates
Non -,,residential consumption charge ,is new uniform_ charge
WATER, WASTEWATER AND SURFACE WATER, RATE STUDY, continued
Wastewater Fund Analvsis
® Financial Plan will be five-year projections of expenses; revenues,; and
reserves to determine revenue requirements.
e Fund Storm Drainage Fund With transfers from sewer rates, .
Set rates for gradual increases.
Wastewater Rate Alternatives. _ ..
■ Alternative 1.. Current Rate Structure
Fixed charge per dw. elling unit for Residential single & multi -family
customers
Non-residential customers, — 2 classes - minor users and there are a
number of classes and the permitted industrial users.
■ Alternative 2. Cost -of -Service Based Structure
Fixed service charge per account for all customer classes
Variable -charges:
Residential based on average winter metered Water use (no
irrigation)
Commercial — based on water use 'in each billing period
Simplify customer classes
December 17, 2001
Vol. 37, Page 109
1 Low, medium, high strength rates
2 Industrial — based on water use and sampled flows
3 Replace surcharges with rates = unit costs of service
4
5 Storm Drainage Fund Analysis
6
7 • Five-year projections of expenses, revenues, and reserves.
8 a Establish reserves — recommend a construction reserve. The rest of the
9 reserve requirements should be handled by the wastewater fund
10 a Funded by transfers from the Wastewater Fund
11 a No new Storm Drainage fees
12
13 A preliminary draft report will 'be forthcoming in January.
14
15 Councilmernber Moynihan, what kind of dollar amount are you talking about? Is
16 there a nexus that supports this kind of fee? Has this been done in other
17 communities?
18
19 Mr. Farnkopf, storm drainage was found within Wastewater Funds. It was part of the
20 sewer system, As..regulations started to come into place the Phase 1 regulations in
21 the late. 1980's: funding requirements were going up for storm water programs and
22 people got pretty ambitious about that. They. started to create a separate fund for
23 storm water activity to help get thos& programs funded adequately and to manage
24 the programs. You will find -a variety of practices it has become
25 WATER, WASTEWATER AND SURFACE WATER RATE STUDY, continued
26:
27 more common to :see a separate storm water set up, budgeted for and then a
28 variety of sources of revenue, used to fund those programs. That can range
29 anywhere from a.!storm water fee to transfers from wastewater activity. There can
30 ' be gas tax revenues, funding from solid waste programs. In this case the nexus is
31 storm water programs are primarily flood control and drainage maintenance
32 programs.. What those do: is. get surface water runoff away from the sanitary sewer
33 system in -to receiving water so that it doesn't enter into the sanitary sewer system
34 as .inflow, .or infiltration. The extent to which you can through your storm water
35 program help retlucelhat I & I sewer customers benefit.
36
37 Councilmemb.er- Moynihan, is there a structure we're going to look at to provide for
38 those who can't._pay for this?
39
40 Mr. Stouder stated that that part of the rate study will come back to Council.
41
42 Councilmember Torliatt; under Storm Drainage Fund Analysis when your talking
43 about construction — schedules of Capital Improvements she would like to include
44 the TMDL standard requirements that the City is going to be required to meet
45 because of our- population. Under the Wastewater Fund Analysis under the Major
46 Capital are you incorporating the cost of the system to distribute tertiary treated
Vol. 37, Page 110 DecerTiber 17,.2001
I water and if so how much. I would also like to know who are the too 20 Water users
2 in the city and if we look at those to see how we can assist them through as we've
3 been looking at our ind.u-strial studies that have proved successful that We target
4 those folks for help in our system. I would also like to know under gray water
5 systems, if We are able tomake gray Water systems available for citizens, can We.
6 reduce some of our sewer costs'that could be associated for people if that becorh0s
7 a choice.for some, citi2on.s,.
8
9 Mr. Farnkopf, block rates are also knows as inclining or tiered water rates. It is the
10 same charge for all the water you use after, a.uniform price within a certain range is
11 determined. With tiered water rates what you would be doing is determining ranges .
12 of water use that would have a price associated with them and those prices
13 increase as Water
er use goes up. The more volume you use the more unit cost ,goes
14 up. That has a built in effect of comparable to lifeline rates and if your conservative
15 in your usage you are charged the least unit cost.
16
17 Councilmember Healy you are indicating that on the commercial side you -would be
18 looking at different classes of'customers based on strength of wastewater effluent
19 , that they're putting into the system. On the residential side is there not a practical
20 way of varying rates based on individual residences?
21
22 Mr. Farnkopf there would first be a charge in the range of $5,Oer.accou-nf f6r-all
23 accounts. Then there would be a consumption base charge based on yoUr'-water
24 consumption; look at the average winter period.., Water bills then when irrigation 'is -.at
25 WATER, WASTEWATER, AND: SURFACE, WATER RATESTUDY, continued
26
27 the lowest. That would be multiplied times a variable rate and that variable rate
28 would reflect the amount of flow contributed by the• residential class overall and -the
29 strength of .that wastewater and the strength would be based on, the states
30 guidelines toe estimating residential wastewater strength. Within that single variable
31 charge it would reflect the residential customer classes,,,estimated flow to the plant
32 and the strength of theirwastewater.
33
34 Mr. Farnkopf advised that increasing block rates: -don't reflect occUlpah6of'a
y
35 dwelling. A house�cou ld have high water use but very.low occupancy due .to a lot of
36 irrigation. There could be a same size house next door with the same Wa - terluse, no
37 yard, but it would be an extended family with high occupancy and in theircase their
38 going to have a hard time responding to the price, signal and the -'increasing block
39 rate structure.
40
41 Public Comment
42
43 Victor Chechanover, Marylyn Circle, asked if Winter inter Was defined or will be defined?
,
44 He would like to bo placed on, a mailing list for the Water Rate Hearings.
P
45
December 17, 2001 Vol. 37, Page 111
1 Mr. Farnkopf stated that it had been and it will be bills January through April, which
2 reflect water use December through March.
3
4 Jack Balshaw, Kearney Court, his concern is advanced information and public input.
5 The public should be in on these workshops from day one not just when the Council
6 is ready to make their decision. He thinks Council is using conservation in a punitive
7 manner. I don't know what the scale of this is going to be.
8
9 Mr. Stouder stated that Council will use the same process as in previous rate
10 increase studies. The Council wouldn't make a decision until all the public
11 processes have been satisfied. During, the last rate increase mailings were
12 provided in every bill, 'there was a hot line, regular scheduled public hearings, and
13 special workshops with particular user groups. If you'll note from January to April is
14 several months and we would have as many not official public hearings where it is a
15 very legalistic process, but workshops that are appropriately necessary with public
16 consumer groups. The City is concerned that it is well understood and very
17 thorough and the citizens know What is coming.
18
19 Mr. Balshaw wanted to know if -the information will be available significantly in
20 advance of a proposed workshop for that class of people to be informed and be
21 interested in coming to the meeting.
22
23 Mr. Stouder stated that if people complain about lack of information it's- only
24 because they haven't bothered to see what's in front of them. The challenge we
25 have is the weight of the information .and present it in as clear a way as possible
26 WATER, WASTEWATER AND SURFACE'_VVATER RATE STUDY, continue''!
27
28 and then what is enough review time. 'You will be on a mailing list, we. don't spare
29 copies. This information can be on the city's web etc.
30
31 Mr. Balshaw, we are getting into this as a conservation mechanism we're. talking
32 about using price as a mechanism, we've increased the rates from $1.08 to $.135 to
33 $1.80 within a 7 month period,, theoretically going from $1.08 'to $1.80 should have
34 had -a significant effect on the use if money really does have an impact. That was
35 over a two-thirds increase and .it didn't have an impact, then to have your variable
s
36 ratestructure maybe not a market mechanism but maybe just a punitive
37 mechanism.
38
39. Geoff Cartwright. 56 Rocca Drive, feels that every time a new large development is
40. built we are decreasing the amount of water that's available fo the.community and
41 increasing the cost of''that water. Sonoma County Water Agency wants water use
42 decreased .by 15%. This. will continue to be an issue as long as these developments
43 continue to develop. and use up the water that is limited.
44
45 Ned Orrett advised Council that the top industrial water users are being looked into.
46 We are designing a program with staff to address the big users and offer
Vol. 37, Page 112 December 17, 2001
I opportunities for everyone, on that list to save water. An irrigation project. was just
2 approved today so you will have a tool, to offer to. the big users to offset the. people
3 who would be in that high tier and help them get into aJower tier.
5 Councilmem:b.ot Torliatt would like to see that the -folks that have been sending us
6 letters regarding sewer and water rates are actually noticed on the public
7 workshop/meetings and to post this information on the web site. She Would like to
8 provide better access to the community on this issue and make a commitmerit.AP,
9 have this study available at. least two weeks prior to the public, workshop. She would
10 also like an update. on what Was discussed _during the I . ast water rate increase which
11 was the justif ication or,p6rtiaIjustif icatiqn,of the increase in r electrical charges for,the
12 Sonoma -County Water - Agency. I don't know if. the, Water Agency has provided
13 information to, the City of Petaluma on what the acfL,ia'l costs were Vs. what was
14 budgeted, but I think that, is important for us to follow up on if We're going to,be
15 loo king at thesetypes of rates.
16
17 PARTICIPATION. AND' PROPOSED LEVEL OF FUNDING
18 FOR LOCAL SUPPLY RECYCLED WATER AND
19 TIER -2 WATER-CONSERVATTION PROGRAM
20
21 Couricilmember Healy when this comes, back to Council separate. the item so those
22. members of the public who are interested in the New Master Water Agreement,
23 process can know what's coming.
24'
25
26 PARTICIPATION AND PROPOSED LEVELOF FUNDING
27 FOR LOCAL SUPPLY RECYCLED WATER'AND
28 TIER 2'WATEA CONSERVATION PROGRAM, continued
29
30 Councilmem6er. Torliatt didn'tknow if therewill be a vote at the first WAGmeet,ing'-in
31 Januar be
January regarding_th.is item. If we don't take Action on tonight we may not
32 able ,to give'that direction at the WAC.
33
34 Mr. -Hargis because the'December meeting was cancelled..1 Would assume this
35 would "be on the agenda. This is an oppo'r.tunity for the Council
ii. to provide direction
b -t,
36. to your representative to WAC.- The critical issue as far as the Water Agency is
37 concerned is do you want to raise $13 million for recycled water, Tier 2 kind of
38 project or do you 'Want to raise $20 million-. The subcommittee recommendation has'
39 been do $13 the General Manager of the Water Agency had, asked that. each
40 elected board provide input on whether
hethor $13 was acceptable e. or the Water Agency,
41 would'like to see it go up to'$20. The other -things I put on the list.because it is time
42 ' to start getting into the thinking mode.
43
44 Mr—Stouder, the answer to the question that weshould recommend that the Water
45 Agency does not take action unti-1. Jahuary since
nce they cancelled the. December
46 meeting and I suspect other" cities are going tobe in the same place. Until at least
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December 17, 2001 Vol. 37, Page 113
February and so this discussion can happen more than five minutes and the Council
can have the January meetings to deal with this.
Councilmember Torliatt will request that at the WAC meeting and we can provide
that feedback.
Mr. Stouder if necessary for the record the council could by nod of heads or motion
officially request that the Water Agency does not review this until February.
CLOSED SESSION
Council recessed to Closed Session to hear the following:
CONFERENCE WITH LEGAL COUNSEL, Existing Litigation Pursuant to
Government Code Section 54956.9 (a); City of Petaluma vs. Moynihan, Sonoma
County Superior Court Case No. 228276.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Government Code Section
54957. Title; City Manager.
CONFERENCE WITH LABOR NEGOTIATOR, Government Code Section 54957.6
- Agency Negotiator: City Attorney. Unrepresented Employee: City Manager
PUBLIC COMMENT
Geoff Cartwright, 56 Rocca Drive, is hoping 'that Council Member Moynihan will
comply with the Campaign Finance Ordinance and relieve the community of this
economic burden.
RECONVENE 7:00 p.m.
PRESENT: O'Brien, Healy, Torliatt, Maguire, Moynihan,
Vice Mayor Cade r-Thompson,.'Mayor Thompson.
ABSENT: None
There was no reportable action out of Closed Session.
Stan Gold led the Pledge of Allegiance.
ROLL CALL
PLEDGE OF ALLEGIANCE'
MOMENT OF SILENCE .
Vol. 37, Page 114
2
December 17, 2001
PUBLIC'COMMENT
4 Barbara Kopka, 93 Candlowood Drive, spoke. regarding the Sandalwood Mobile
disabled
isa I b
5 Home Park. She is led and need's . help. She finds the,'hew owners :of' the Park
6 unjust and offered her 'no help. She feels unless someone steps in and helps she
7 will be out on the street.
8
9 Bill Phillips,
[lips, 824 Blossom, Court, spoke on behalf of the committee 'for Magnolia Th
10 Park. e developers have submitted an application, which is incomplete.. To make
11 the proposal more attractive the developers plan to deed drainage acreage not
12 suitable
table for housing to the city for a park. The committee for Magnolia Park has
13 designed a unique nature and exercise park, secured a petition of over 1040
14 signatures specifying features that they want in the park. The Recreation, ,Music. and,
15 Park 'Commission has endorsed their proposal. The, residents want to know when.
16 the allocation process will be revised and when the Council will address. the Mission
17 Valley project proposal.
18
19 Terence Garvey read a letter into the record regarding. the unjust _action by United
20 Way, in withholding a share of United Way funds ,from the Boy Scouts of America
21 and asked Council to pas5.a Resolution showing that they support the high ethical
22 a ' nd humanitarian standards of the Boy 'Scouts.
23
24 Bill Donahue, Cha ' irman of the Residents Action Committee for Sandalwood Park.
25 The lease requirements; are very restrictive: and costly. They continue to look to the
26 - PUOLIC COMMENT, continued
27
28 City ordinance for protection as far as the month, -to -month aspects of the 'Rent
29 Control Ordinancei, If will go to arbitration and fight. It may end up -
30 costing -the residents and the City considerable dollars if we continue on this road.
311 They are
re willing to pay the highest increase we have ever seen and that is 66/o. We
32 are now .being asked to pay a lot more than that.
33
34 Stan Gold had the opportunity to see 4 Golden Eagles at Sholienber,gpr Park this
35 --past weekend.
36.-
37 'Geoff Cartwright, 56 'Rocca Drive brought to the attention of the Council the
38 proposed project Redwood Technology Center; which is upstream. in the floodplain.
39 The Draft EIR is out and anyone who wants to :make public comments on. the Draft
40-. EIR. can do so until, the 8th of January.. The, project planner is Jayni Allsep 778-
41 4301. This project"will have impacts on the community.
42
43., Diane Reil . ly Torres, 16571 Rainier Avenue thanked 'County Supervisor Mike Kerns
44- for meeting with her at Sandalwood Mobile Home Park. She met the. new owners
45 and gave -them the opportunity to speak on her television show. One of the things
December 17, 2001 Vol. 37, Page 115
1 one of the new owners mentioned was that he felt that some of the neighbors were
2 afraid of other neighbors. There is zero tolerance for abuse of any kind in .this city.
3
4 She stated that she has a copy of the MTC's Regional Transportation Improvement
5 Program regarding the TIP and she thinks .all of you did get a copy of what I sent in
6 that letter from MTC to Fred Stouder, how they were going to take the Rainier
7 project off the Web Site to. the public wouldn't know, but from a legal standpoint it is
8 still a project and] hope someone can address that during Council comment.
9
10 Glenn Brunner, 'President of the Sonoma County Mobile Owners Association. There
11 was a meeting today between the park residents and the park leaseholders, of
12 Sandalwood. Apparently a city representative attended the meeting and
13 recommended to the residents that they make, some kind of deal on the long term
14 leases and he would like to respond to Councilmember Healy question at the last
15 session of the meeting here that you would like to know what the Council can do. 1
16 hope at a future `date to spell out for you' just .how bad the long term leases are and
17 that as Bill Donahue mentioned at the last Council ,meeting that the term fair rate of
18 return apparently came up around 1.7 times in the memo the City Attorney gave to
19 ..all of you and there is a reason for that because the park owners have indicated
20 that's what their going to base their huge rent increase demand on from the
21 residents some time in 2002. Fair Rate of Return is case law not statute law and
22 that case law said it's to protect the park owners so that can't be driven out of
23 business into bankruptcy -by rent control ordinances. It was never envisioned to use
24 as a lever and hammer by park owners to take over a park ;and then say we paid. all
25 this money for the park now, you have to give us a huge amount of money , a Fair
26 Rate of Return based upon what we paid .on the park whether or not we made a
Vol. 37, Page 11.6
December 17,20.01
PUBLIC COMM ENT,.,ptintinued
2
3 good deal. We believe they. , knew that the rents in Sandalwood Were very low, they
4 paid too much for -the, park and they should not. be allowed to do what they intend to
5' do. Mr. Pete Inman should be contacting the Council to tell you what non-profit
6 corporations can do in a situation like this.
7
8 Bill Donahue made a correction there was in attendance today at,a meeting 'held at
9 Sandalwood M - o . b - ile . Home Park a member of- city staff , and - she. did not f6_11 us to
10 make a deal, she did tell 'us, that we have to take a hard look at. the two options.,
11 leases or, under the city ordinance (month to month agreements). She emphasized
12. that.
13
14 COUNCIL COMMENT
15
.16 Councilmember TorliAtt addressed the Committee, for Magnolia Park, maybe it
17' would be adVAntag�eou& to the city and to the public to direct staff when that project
18 does come through the process. that there are alternative, land uses that can' be,
19 loo
ked at. The- parcel 'is outside the city limits but within the Urban Growth Boundaryr
20 and it is, my understanding it does have a. land use -designation as park so `that:
21 should be a viable alternative.
22
'23 She is a representative fof
or the Association , Bay Area, Governments, -which is -a
24 position that 'represents all 9 Bay Area, Counties on ;MTC, and i I believe the issue
25 Ms. Torres is talking about with the Cross. Town Connector. is in, the. R -TIP, Which
26 will be looked at next year and re -approved or changed atthat� time.
27
28 There is an MTC meeting, on Wednesday at 9:00 a.m. at -which, time they will be.
29 approving the 25-ybar Regional Transportation Plan for the '9 Bay Area Counties,
30 Council Went through a short process for that and was also looked .,at at the
31 Transportation Authority level.
32
33 Vice Mayor Cador-Thompson, wished everyone Happy Holidays and would- like this
34 meeting adjourned in memory of her Uncle, Sol Fishman who passed away recently.
35
36, Coqncilmern I ber Maguire stated that the Housing Allocations are not scheduled to
37 come before: the Council as yet.
3,8
39 He would like Mr. Garvey to be, more accepting of other peoples lifestyles and not
40 make bigoted comments when h.6 appears before Council.
41
42 Councilmember O'Brien advised the Council, that the p,laque has been drd * ered ' for.
43 the bench in memory of Pat Dougherty to be placed at Shollenborger Park. He
44 thanked the: -efforts .of' Mr. StQuder, Mr. Carr and Mr. Anchordoguy for bringing that- -
45 forward.
46
December 17, 2001
Vol. 37, Page 117
1 COUNCIL COMMENT, continued
2
3 He also thanked fellow Councilmembers and staff for getting him through his first
4 year as, a Councilmember. It has been a real learning experience and he feels
5 Council has accomplished a lot.
6
7 Councilmember Moynihan the subject of the allocation process is interesting
8 because it is part of the Growth Management Ordinance and for purposes in effect
9 that was abandoned about 2 years ago because we're not building enough houses
10 and never hit the limit. If that troubles people I think .it would be appropriate to bring
11 it back and put it to rest. It served its purpose, put the_ community on the map and
12 we're to the point where we need to progress past that instead. of limiting growth our
13 issue more is providing affordable housing, for our workforce for the people.of this
14 community and providing the infrastructure necessary to support that.
15
16 He is a supporter of expanding Shollenberger Park and would like to look at ways of
17 expanding that would not.cost the taxpayers in Petaluma, possibly through the
18 offering from Petaluma Poultry Processors or another way.
19
20 He stated, that he had been quoted in the paper inaccurately about the need for the
21 city to stop operating in the red. Our revenues appear to be falling short. Until the
22 last day of this fiscal year when we have all the figures we will better know better
23 our position.. There is still time to try to reduce our expenditures to try to offset, the
24 short fall in revenues, but our expenditures are exceeding our revenues. Our sales
25 tax revenues are down. We as a City Council, like the City Administration are
26 responsible for -this. We as a City Council need_ to address this issue and take
27 corrective action as soon as possible.
28
29 The City Clerks Department for the first time since 1999 is up to date on minute
30 transcription. This has been accomplished without the help of the, two part-time
31 transcriptionists.
32
33 Thank you, Paulette. You and Claire are doing a good job in there.
34
35 The City Manager's Office complete U.S. Army Corps project and secure federal
3.6 appropriations $6.2 million reimbursement for the Payran Flood Control Project.
37
38 Maintain schedule for completion of the Wastewater. Recycling Facility Design
39 Report.
40
41 CDD, complete adoption of the Central Petaluma Specific Plan.,
42
43 Economic Development and Redevelopment, Keller Street Parking Garage.
44 improvements. Downtown improvements.
45
46
Vol. 37, Page 118 December 17,.2001
I COUNCIL COMMENT, continued
2
4 Finance Oeparfmoni, complete
reorganization, of the department. Cost Allocation
5 Study underway.
6
7 Fire Department-, New Fire Chief.
8
9 Human Resources Department new HR Director, new handbook for all city
10 employees .coming forward.
11
12 P&R Prince Park, Oak, Hill Park, Sh011enberger Park, Westridge Park..
13
14 Mayor Thompson participated .in the -sobriety challenge. at �Sears Point. Raceway in
.15 conjunction With; the CHP. Don't drink and drive, appoint: a designated driver.
'16
17 RESO.I,2001-205 NCS
18 EMPLOYMENT'OF-CITY-M-AKAGE9�
19
20 Resolution 2001 -205 NCSApproving amendment to the agreement for Employment
21 of the City Manager and authorizing the Mayor to execute said- amendment.
22 Introduced by Councilmember Torliatt, seconded by .Maguire.
23
24 Councilmember Moynihan- stated- that because, of the current economic problems
25 the is experiencing he would have tovote i aga,irist this.
26
27 Councilmember Torliatt stated, that the increase In salary was justifiable due. to Mr.
28 Stouder'Zs management of the. over -300 employees, his tenacity in securing funds
29 for the flood control project and 'his hard r work he puts,into his job. An additional
30 three weeks vacation was added giving the City Manager three weeks vacation
3-1 because of the stress related to the job.
32
33 Vice Mayor! Cader-Thompson thanked Mr. Stouder for his hard Work and for p.utting
34 up with the. -Council. Forthe amount of stress you have to put up With.
35
36 Cou'ncilmember Maguire we -could always put the City Manager on a commission
37 basis . for income he btinqs into the City.
38---
39 Mayor Thompson also thanked the: City Manager for his leadership.
40
41 AYES-., O'Brien, Healy.,, Torliattt, Maguire, Vice Mayor Cader-Th-Qmpson
42 Mayor Thompson
43 NOES- Moynihan
44 ABSENT: None
45
46
December 17, 2001 Vol. 37, Page 119
1 RESO. 2001405 NCS
2 EMPLOYMENT OF CITY MANAGER, continued
3
4 Diane Reilly -Torres, 1657 Rainier Avenue. Don't assume we're going to be cutting
5 back on the Fire and Police Departments. She challenged Councilmember
6 Moynihan months ago to come up with ways to drum up revenue instead of cutting
7 salaries.
8
9 Councilmember Healy- this salary increase was a result of a survey of comparable
10 cities and what they pay their City Managers. This is the same list of comparable
11 cities that we used for other comparisons for other employees groups in the City.
12
13 RECRUITMENT: CITY CLERIC
14
15 Councilmember Maguire, a Councilmember previously asked for a chart of
16 comparable salaries with 10 other cities used to compare other staff positions. He
17 wanted to know if that had been done.
18
19 Councilmember Moynihan stated that he had received several communications
20 supporting maintaining a separate City Clerk. He feels that the City .Clerk is the
21 community's friend when it comes to getting packets and information.
22
23 Public Comment
24
25 E.L. Roberson spoke as a voter and concerned citizen of Petaluma. She feels the .
26 City Clerk should be a separate position from the City Manager.. Being a retired City
27 Clerk she knows how important a position it is in keeping official historic records,
28 minutes, campaign finance records, election etc. She also feels that an
29 unscrupulous City Manager could prevent access to certain public documents.
30
31 Bill Phillips, the City Clerk is a vital link to someone who is trying to work on
32 something that will be the City and citizens. With regards to the City Clerk
33 reporting to the City Council or the City Manager. There has to .be some
34 administration in the City Clerk Department, but I think we have a language issue
35 here. That function is a facilitator for City Government of which the Council and the
36 City Manager are both part as is the City staff., I think that is reflected as I read the
37 Government Codes at the Library. This is a function that is representing all of you
38 and all of the City effort for governing .and working with the citizens, not owned by
39 anyone, but working at that goal to serve the City, which includes the Government
40 and the People.
41
42 Beverly Kline, 91 Center Road, voiced her concerns regarding the recruitment
43 process.
44
45
46
Vol. 37, Page 120 December 17, 2001
1 RECRUITMENT: CITY CLERK, continued
2
3 For two years she, served as the City Clerk of Petaluma. She believes it would be a
4 disservice to the community if the Council decides to restructure the City Clerk's
5 Office. You could be compromising the, rights of the public. The importance of the
6 City Clerk function is to provide for "the" objective flow of information to the public. It
7 is a very important aspect of good government to assure that any and all, vested
8 interests of city officials or departments does not .impede the flow of information and
9 the publics right to access it as it's provided by statute.
10
11 The City Clerk's responsibilities include maintaining complete accurate and up to
12 date records of the proceedings and actions of the City Council. Administering City
13 Elections, keeping informed on matters before the City Council, "providing
14 information and assistance regarding City services: and policies, to the Council, staff'
15." and public. This is not the role of a City Manager or any other department head.
16 The California Government Code states that the positions necessary to form a
17 municipal ,government includes the legislative body, treasurer and clerk: The role of
18 the City Clerk if combined with any other department may sometimes be in conflict.
19 That is why the function of the City CI'erk should not be. apart of or accountable to
20 any lother-department. As, elected officials you do not want to compromise ar y
21 functions of the 'City Clerk related .to, the timely flow of information from City Hall to
22 the community. The investment of a City Clerk as a separate function will better
23 guarantee .this takes place_ rather than combining the City Clerks role with any, other
24 department. I urge you to keep the Office of the City Clerk separate from the Office
25 of the City Manager or any other department. I ask that you consider during your
26 discussion this evening these comments together with points made ,by the editorial
27 staff of the, Press Democrat; who in their November 28th edition published an article
28 entitled "More -to -City Clerk than Title Suggests".
29
30 Vasco Brazil, 4551 Lakeville Highway, stated that the City Clerk's Office does a
34 heck of :a lot, better job'than the City -Manager does for what they do. If it ain't broke,
32 please don't fix it.
33
34 ,Diane Reilly Torres, Rainier Avenue read the editorial by Pete Golis of the Press
35 Democrat titled "More to City Clerk than Title Suggest, published on.November 28,
36 2001..She does not want the two offices combined.
37
38 'Geoff 'Cartwright, 56 Rocca :Drive; It is obvious that" it diminishes the democratic
39 local government process. There may even be legal ,issues in moving in this
'40' direction:
41
42 City Attorney, Richard Rudnansky stated. that this would not require a Charter
43 amendment. The process to amend the Charter would need 'to be by a vote of the
44 people.. With respect to whether or not there is a need for an "amendment,, in. reading
45 the Charter, it is clear there .are two positions. There is a City Clerk Position and
46 City Manager Position. There is nothing that I have seen in the Charter that
December 17, 2001
Vol. 37, Page 121
1 RECRUITMENT: CITY CLERK, continued
2
3 indicates that. the City Council cannot appoint the same person to that position.
4 This has been done in other cities both General Law and Charter City. There is one
5 provision in_ the Charter that talks about Principle Appointed Officials and lists the
6 City Clerk as one as well as Director of Public Works, Engineer, Police Judge, Chief
7 of Police, Fire Chief and so forth, and indicates that the City Council may
8 consolidate' one or more of these positions in one official. The "City Manager is not
9 listed as one of those Principle Appointed Officials in that provision, although he is
10 an appointed official.. There is nothing in the Charter that I have seen that says you
11 can't do this, but I just pointed out that one section of the Charter.
12
13 Councilmember Moynihan Petaluma has been operating under this Charter and this
14 type of structure successfully for 140 years. Council has done some things the past
15 few years as a City that he feels created a, series of problems. One of those issues
16 was in modifying, the job description for the City Clerk. We tried an experiment and it
17 failed. Council packet distribution 'that traditionally came out of the City Clerk's
18 Office' switched to the City Manager's Office on top of other responsibilities the City
19 Manager has. It was one 'of the responsibilities of the City Clerk and so that
20 re"sponsibility was changed without Council's approval. He suggests we go back to
21 the original City Clerk; job description before it was modified. Return the preparation
22 and. ,distribution' of the Council packet back to the City Clerks position and try to
23 work together as 'a family like we did before where the City Clerk, City Attorney and
24 the City Manager,all worked together to assist us in serving the community.
25
26 Mayor Thompson lets take it back ten years ago. It has always been my
27 understanding that the, agenda and all the materials that go with it, is assembled in
28 the City Manager's office, compiled. there, taken down to the City Clerk's office
29 where their in charge of copying, collating'itand distributing it. It is not developed in
30 the City Clerk's office and never has been.
31
32 Vice Mayor Cader=Thompson there, .has. been a lot of change since things have
33 been shifted from the.. City. Clerk to the: City ,Manager's office. The material is _
34 collected at the City Manager's office and it was packaged and collated at the City
35 Clerks office. Her ,big concern is that the public has to be able to get information
36 when requested and that is not happening thr..ough this process. The public should
37 be' able to go to .the City Clerk and,he/she should be a neutral person. She does
38 have a problem with the changes that have been going on.. She would like to look at
39 the City Clerk's position and modify the position. Do we really want to stay with the
40 same duties tha:fhave been for the last 140 years ago.. She is not happy with the
41 changes yet ;she doesn't think we should stay with what, we were doing 10 years
42 ago because information is changing. The position has changed and is a real
43 resource to the public and to the Council.
44
45 She feels that the issue with the past City Clerk was that the Council did. not take
46 the responsibility when it was apparent there was a problem and we ignored it
Vol. 37, Page .122
:December 17, 2001
1 RECRUITIVIENT: CITY CLERK, continued
2.
3 instead of addressing it. We have to take responsibility for the situation that we are
.4 in right now and my feeling is, that we should; stick with what we have: but we need to
5 modify it.
6
7 Council -Member Healy thought the ,Press Democrat editorial was very poorly written.
8The article neglected 'to point out., and the public hasn't: really been -told that the
9 system that is under consideration about having a Deputy City Clerk running the
10 'office and reporting on the organization chart to ,the CityManager/City Clerk 'is the
11 system that the first and third largest cities in Sonoma County have now and have
12 had for some time that being Santa Rosa and, Rohnert Park. He challenged the
13 writer of the editorial regarding all the.- terrible things; that.are going to happen if
14 Petaluma goes that route. When have .those terrible things ever happened in
15 Rohnert Park, or Santa Rosa and he changed the subject. The PD also had the
16 .idea -the Clerk's Office was a repository of legal knowledge in terms of interpreting
17 the Brown Act, Public Records. Act. other :state laws that apply to certain City
18 functions is cornptetbly erroneous.. Those issues'should be resolved by -the City
19 Attorney's office. 'I think there is a misconception. about .what would actually. be.
20 proposed if w,e;moved in,the direction of City Manager/City Clerk. We have..a.copy
21 of a draft job description for a Deputy City Clerk whu would bethe person with day--
22 to -day responsibility for run -ping the office. If the Council does 'go this route we're
23 not diminishing the public access to, information, we're not diminishing any of .those
24 other important functions.
25
26 "Draft Job Description _ _Deputy City. Clerk"
27
28 Administrative .Direction - coordinates -anddirects the activities -.of, the City Clerk's
29 office, which would include relieving the City Manager of a:number of administrative
30 details mandated by state law. Maintains .official city records .and Records
31 Management System. Performs clerical and administrative duties' as required
32 including maintaining organizational procedures and tracking systems .for legislative
33 compliance of Government Codes;, provides informationand service .to 'the public,
34 serves as an election official' in conjunction with, the Regisfrar of Voters, performs
3.5 related work as assigned.
36
37' Essential Duties_ and Responsibilities — Attends' City Council meetings and prepare
38 official minutes. Attend' Redevelopment" Agency and Public Financing Corporation
39 meetings and prepare official minutes., Publishing; posting and,rriailing notices and
40 facilitating 'the recordation of documents, attest, record, certify as required. all
41 minutes, ordinances and resolutions and 'insure their distribution as required
42 including electronically and publishing as necessary.. Process ordinances :for
43 codification into the -Municipal Code Book, coordinate distribution of Code Book and
44- supplements, index the city's legislative history. Process, .record and distribute
45 signed contracts as necessary. Process notices of completion for Public
46 Improvement contracts with the County Recorder and release bonds as authorized.
December 17, 2001
Vol. 37, Page 123
1 RECRUITMENT: CITY CLERIC, continued
2
3 Prepare Agenda Reports as necessary and assist with Agenda packet preparation
4 as needed. Serve as custodian of the official 'City records and maintain the City
5 Seal. Maintain .current and pass legislative history of City Council actions. Provide
6 research and reference services to the public and city staff. Administer Records
7 Management System including microfilming of records, maintain files and
8 coordinate with city departments and other agencies to process, record and
9 disseminate a multitude of documents including but not limited to Assessments,
10 Certificates of Compliance, Deeds, Easements, Lot Line Adjustments, Maps,
11 Mergers, Release of Deed Restrictions, Street Name Changes, Partial
12 Reconveyances and various agreements such :as. Professional Services, In -Lieu,
13 Outside Sewer, Reimbursement and Subordination etc.' Process Annexations and
14 Assessment bistricts, prepare and attend bid openings, retain and return bid bonds,
15 prepare, a variety of notices in accordance with City, State and Federal and calendar
16 and notice and' advertise public hearings. Serve as Election officer in conjunction
17 with the Registrar of Voters office for the.conduct of Municipal Elections by issuing
18 and receiving nomination papers, statements of qualifications and other required
19 documents from candidates. Serve as filing official for Statement of Economic
20 Interest in.Campaign Statements, Administer .oaths and affirmations, receive and
21 file Insurance Certificates, receive claims filed against the City and forward to Risk
22 Management, rRegister Domestic Partners, Administer notification process for the
23 filling of vacancies on City Boards, Commissions and Committees as required by
24 the Maddy Appointive Act, analyze, prepare and administer department budget.
25
26 Councilmember Healy -doesn't want the public to be under the perception that these
27 functions would be eliminated if the City Chose to appoint the City Manager as City
28 Clerk.
29
30 Councilmember Torliatt, what Councilmember Healy read shows the importance of
31 -the City Clerk position to be autonomous from .the City Manager's office. She is
32 opposed to this change that the .Council has proposed. This is about a City Manager
33 and a City Clerk's job description. This is not about people; this is about power and
34 where the power of information lies. Santa, Rosa and Rohnert Park have. the type of
35 'City Clerk position and authority that lies .with the City Manager,' but I don't always
36 know that I want ;to be exactly like Santa Rosa or Rohnert Park. She also thinks
37 that when the Mayor was articulating the cost, savings and the accomplishments
38 that we have achieved here in the City out of this status report. One of the things he
39 talked about was the fact that we have eliminated two half time .clerk's positions for
40 typing of the minutes. I think that was a comment that should not be a reflection of
41 the job that' the previous City Clerk was. doing. We :had 62 meetings during one
42 year. It was a huge amount of work and by the time she left her job there was
43 almost up to. date minutes going -on. I don't think that that in fact was a
44 representation of the change in status quo.
45
46
Vol. 37, Page 124 _ December 17, 2001
RECRUITMENT: CITY CLERK. :,continued
2
4 The subtly that is not being acknowledged here is who the City Clerk reports to. I
5 agree we need to have a discussion around our City Charter, it needs revisions in
6 many areas.
7
8 Should the title and the job .description b_ a changed? In the last two years Council
9 has worked, on a job description and w`e were to the point where we needed to sit
10 down with the City. Manager and resolve some issues regarding the description, but
11 we were never able to get there, and this is the situation. we find ourselves. in. I
12 believe that° there: are different levels of City Clerks. There's a certification process
13 for City Clerk's,,, we should pay for that knowledge that a certified City Clerk; brings to
14 this City. I also believe that the City Manager needs to deliver information to the
15 City Clerk',s office on, a timely basis .and as Councilmember Moynihan and Cader-
16 Thompson pointed, out" at times it doesn't feel .like the flow of information -has gone
17 "to the 'City Clerk's; offim'The Council was never able to get to that point to deal With
18 it prior to the last election. It is for a variety of reasons, and it's because. there is a
19 heavy workload 'on the Council and City Manager, but that doesn't mean that we
20 shouldn't be providing information on a more -timely basis. The City, Manager has.
21 done a tremendous job from what it used 'to be. before the City Manager. .was hired.
22 We have Agenda management, but we can always do better.
23
24 One of the other issues that the, staff report talks about is requiring whether we have
25 '50 wpm typing vs. 6Q: wpm. This is not.just a typing job and. 1, think we need to deal
26 with that issue as well as another important issue, which ..is the Notary Public
27 services. What is talked about in the staff report is a provision from the Government
28 Code to allow the City Manager if he assumes the duties of the City ;Clerk to attest -
29 to signatures without having to be a Notary Public; current) 'the City of Petaliama's
30 Deputy City Clerk has the ability to attest signatures. Becoming a, notary, public
31 could also be an, education training incentive provided by the. City to.a Deputy City
32 Clerk. I don't believe that .a signature should necessarily be allowed, to be, attested
33 to just by the City Manager. The City Clerk needs to provide `that function.
34
35 Councilmember Maguire, the issues that this Council has ;been geappling-with are'
36 not so much the personalities but the definition of the positions. As our former clerk
'37 Beverly Kline writes in her letter with high impact structural changes the City Cl'erk's
38 position was redefined, to facilitate better and more satisfying communications
39 between thepublic, the 'Council, City staff as well as facilitating interdepartmental
40 communication and coordination. 'We failed ,at that experiment. Whether it's the
41 personality in o e, office or the personality in the other office we've got a 'situation
42 where packet preparation and distribution passes between the .two offices and
43 there's an invisible line there, but when you have conflicting lines of authority it, does
44 not help the situation. l -was one of the people who was never happy with the`
45 revised job description and .I think 'it's because I could see what was .going to come
46 and would be difficult to make it operate smoothly. I think we can all agree that the
47
December 17, 2001
Vol. 37, Page 125
1 RECRUITMENT: CITY CLERK; continued
2
3 packet preparation and distribution is far better now that it was a year ago or three
4 years ago or five years ago. Its better since our last clerk left, but it's even better
5 since before we got that clerk. What I'm saying is we've seen some improvement,
6 we're still trying to grapple with these positions. I have always been dedicated to
7 open government. I don't have any particular desire to make radical changes if little
8 changes will work. I am not emotionally committed to seeing the City Manager be
9 appointed the City Clerk . although I believe it's legal. However, I agree with the
10 suggestion in the staff` report that states the City Clerk should report to the City
11 Manager on a certain level, and I would suggest that where it is day to day
12 administrative issues,that our City Clerk should reportto the City Manager and if it is
13 a policy issue: or if there is a problem they should come to this body to whom they
14 answer to. We. have seen in the past however; that City Clerk's coming to this
15 Council gets played certain ways, it's not always an effective way to manage a
16 position. We do have an extreme workload and having to deal with personnel issues
17 or internal organizational conflicts makes it extremely difficult to deal with. It looks
18 like the best solution at this. point. He would like to see added to the job description
19 Education or Experience Requirements, Clerical Skills and Notary Public services
20 specified. If we're paying what I believe to be a significantly higher than average
21 salary for this position we ought to be setting the standards for that job significantly
22 higher.
23
24 He would still like to see a chart of the comparable cities to see how much .more
25 Petaluma is paying. He is not convinced that Council's efforts to redefine the
26 position a year or two ago did us any good. I think we're paying a lot more for what
27 turned out to be a failed experiment. I think we need to review both the position
28 and salary as well as the reporting lines, of authority.
29
30 Mayor Thompson, with regard to. having the City Clerk report on an administrative
31 basis to the City Manager. I recall seeing a City of Petaluma organizational' chart
32 which on top 'is the City Council, City Manager, but there was a dark solid line from
33 the City Clerk to the City Council with a dotted line directly over to the City Manager
34 so in years past the City Clerk has in fact reported on an administrative ,basis to: the
35 City Manager otherwise that organizationalchart would be. totally correct. What 'is
36 happening here isn't new. We're just changing the name of the senior position'.. I
37 don't believe any ,of the functions have changed nor will they change.
38
39 Councilmember..Moynihan would like to go back to the original City Clerk'sJdb
40 description and work from there and also return the preparation and distribution of
41 the Council packets to the City Clerk. Once we've done that if we want to go out and
42 repost for a permanent City Clerk we can do so., but I think we should return to the
43 old City Clerk description, modify that if the rnajority of the Council feei's it is
44 appropriate, when, that's done then we're in a position to go out and recruit: I don't
45 think at this time going out and recruiting makes sense until we get things in order.
Vol. 37, Page 126 December 17, 2001
1 RECRUITMENT: CITY CLERK;,,continued
2
3 -Motion made by Councilmember Moynihan that the City Clerk's job description is
4 revised to the 'former job description pending and update from Council and' that the
5 preparation and distribution of Council packet ,be _returned to the City Clerk's, office
6 at this time.
7
8 Motion failed for lack of a second.
9
10 Councilmember Maguire is not looking at a Charter amendment because: nothing
11 Council is considering would reach that level of ,action. He's not certain we need to
12 change the title to .Deputy, City Clerk. I think if we give direction to our City Clerk :and
13 say for administrative day -to=day business report to the City ,Manager„ policy issues
14 or problems report to the City Council. Hopefully that will continue to allow the
15 smoother operations we're experiencing, now to continue. I• think that would 'be
16 Council direction. We do want to review, the job: description..
17
18 Councilmember Torliatt stated that she supports the :second portion of
19 Councilmember Moynihan's motion regarding the packet preparation. With regard to
20 the Organizational, Chart, however what is being proposed is moving ;the City
21 Clerk's` 'position below the City Manager's position. It would read Public, City
22 Council, City Manager, City Clerk. I want to say 'there is a difference here and I
-23 think people are not recognizing the significant changethat it is.
24
25 Me. Stouder stated. that he can make anything work. Several Councilmembers have
26 been working on the job description for several years trying to refine it. This has
27 been made, into a more complex issue than it '.is and whatever the Council so
28 chooses 'if fine with him. The other point to clarify is what 'we do in the City
29 Manager's, office 'is deliver an original of a packet item with all the necessary
30 approvals, and when its ready to go we deliver this ideally to the CityClerk's office.
`31 The. City Clerk's office copies and collates and distributes. That's a significantlask,
32 but, the preparation of this document by .charter and by responsibility` to the
33 departmerit directors is mine and the City Attorney's.
3.4
35 Councilmember Healy is inclined to. 'agree with Mr. Maguire that; this middle path
36 option; is, something that deserves further study, but 1 think we. would need .to get
37 'more "informationback on how that. would work in terms of dual reporting
38 responsibilities, but if that can be mae to work that, maybe a way through this
39 issue. I would ask staff if that model has been used in .other.cities and in more detail
40 how that would 'be proposed to -work here if we were to go that way.
41
42 Vice Mayor Cader-Thompson does not want the City Manager to become 'the City
43 Clerk., She has gotten many. complaints from the public because'it's been difficult to
44 get from point A to. point B because. there is a wall there :and this is since the
45 changes have occurred. I think we have, to look at What is best for the public..
46 There are issues that need addressed, but she doesn't know if she Wants to
December 17, 2001 Vol. 37, Page, 127
1 RECRUITMENT: CITY CLERK. continued
2
3 address them in front of the public. There are personnel differences that should be
4 talked about in Closed Session.
5
6 Councilmember O'Brien the system worked well for years yet failed when we tried
7 to modify the position and experimented With a job description. There has to be a
8 middle of the road position that would work.
9
10 Councilmember Maguire, dual reporting I see as parallel reporting to the City
11 Manager's office on administrative issues, and to the. Council on policy or problem
12 issues.
13
14 Motion made by Councilmember Maguire to continue this to a point where staff can
15 come back to us with a listing of the ten comparable cities with salaries, job
16 description. Seconded by Councilmember O'Brien.
17
18 Councilmember Torliatt wanted to know how this change is going to better serve the
19 public? She recommends that we follow through on the process that we: embarked
20 upon with the job description for a City Clerk and the City Manager and try to find a
21 common ground between those two positions and continue to have those positions
22 reporting to this City Council.
23
24 Secondly she is concerned about this whole public access issue to information
25 because it seems to me its almost along the same vane that we're moving when
26 we're talking about the Council in our Council Policies and Procedures moving from
27 summary minutes to action minutes: What it does is it reduces the amount of
28 information that's provided to the public and that is a function of the City Clerk's
29 office. It's the incremental subtle changes that are occurring that concerns her.
30
31 Councilmember Maguire restated his motion: Continue this item directing staff_ to
32 come back with a list the 10 comparable cities with salaries, job descriptions,
33 formalize dual reporting, educational requirements, technical skills, include PIO' and `
34 Notary Public services.
35
36
37 AYES: O'Brien, Healy, Maguire, Mayor Thompson
38 NOES: Torliatt, Moynihan, Vice Mayor Cader-Thompson
39 ABSENT: None
40
41
42
43
44
45
46
Vol. 37, Page 128 December 17, 2001
1 WATER RECYCLING FACILITY PROJECT
2
3 Mike Ban, Project Engineer, stated that he has provided written responses to
4 Councils questions from November 28. He has also- provided the project teams
5 response to the Value Engineering Report.
6
7 Value Engineering Report:
8
9 We made a decision on this project to conduct a Value Engineer at the predesign
10 level. For a project with a cost greater than $10 million dollars the State .Revolving
11 Fund requires that you conduct a Value Engineering effort: The estimated cost to
12 do the Value. Engineering was about $60,000 and we're estimating that the ideas
-13 that were incorporating to our project will. save about $6 to $7 million dollars.
14
15 Gordon Culp of Smith Culp Consulting was project manager on the Value
16 Engineering Team. 'Value Engineering is a, very disciplined, structured_ way to look
17 at a project to achieve the basic functions at the lowest possible cost. It is. a
18 structured effort to modify any items ,that are not essential to achieving those basic
19 purposes. It is a very structured approach using ,a multi -disciplined team of experts
20 who -have not been involved in the details of the work their reviewing. Some .of us
21 have been involved in the past planning phases of this project, but we haven't been
.22 involved 'in the design work that Carollo has launched recently._ Because we don't
.23 knowsa lot of the details we can then bring a lot of fresh ideas that might work and
24 might not work.
25
26 Councilmember Moynihan, one of the things the Value .Engineering team didn't tout
27. was that you questioned some .base assumptions that are being made. You
28 questioned thepolicy decisions of this Council and your results come back to prove
29 quite clearly that the direction 'we gave 'was not a good one. We assumed for
30 example that the dry weather flow of 8 mgd we're going to treat all 8mgd to a
31 tertiary level _ and then we realize there is not a demand for .,8 mgd; I think we
32' identified'.. on our chart only 2.9. mgd' of potential reuse in parks and. areas and a
33 good .amount of, that could be covered with secondary treated_ effluent. He is
34`5 impressed because that's the typeof thing when you go back and recalculate it you
35 build; itback into the system you can eliminate major capital outlay's at the plant and
36 in the distribution for treated wastewater. He is uncomfortable with the outline of the
37 agenda for today's meeting in as far as I had asked last meeting some very specific
38 questions in regards to a couple of the recommendations that were made that did
39 not make the list because I 'saw some good recommendations there that I am
40 wondering if us as a Council in creating paradigms per say, or possibly the
41 interpretation of the direction that this should head, created a situation were we
42 potentially are not looking at opportunities to save funds and improve this process
43 for the community. In particular I would like to site the four areas of the four design
44 concepts by number and with the estimated cost savings were. and. I'm. working off
.45 the Value Engineering Cost summary and the Table of Cost Savings in the report.
46 The Value Engineering Summary on Page 5, the Table of Cost Savings is on
December 17, 2001
Vol. 37, Page 129
1 WATER RECYCLING FACILITY PROJECT, continued
2
3 Appendix Table 2, G8) Discharge Sludge to existing Oxidation Ponds for long term
4 storage at a potential cost savings of $22,300,;000 and the cost savings is not only
5 initial capital, but operating costs and its brought back roughly in current date dollars
6 to try to get you a total amount. He is curious ;if other communities have been able
7 to do this ,successfully and if maybelhey design a system or have an approach that
8 would allow us to do this without repeating the problems we have had in the past as
9 far as compliance with our discharge permit and potential problems with odors.
10
11 G17) The Value Engineering ideas to go to an Oxidation Ditch extended aeration
12 treatment system vs. our extended aeration .approach. This is a radical one, this is
13 where you come, up with an idea of a different approach to the tune of a $40 million
14 savings. I would like to discuss this to see if extended aeration approach which
15 looks to have some merit can go that way especially in light of the fact that we
16 originally chose this approach with the reason for having the smallest ecological
17 footprint to come to find out that Wetlands per say has a large footprint and maybe .
18 thi's other approach has a reasonably small enough ecological footprint, but we
19 could live with it. Two other areas the Value Engineering Team came up with I
20 would definitely.like to discuss is WL2 and DAF3 which deal with algae removal and
21 both are basically saying we can eliminate algae removal either by Wetlands or
22 DAF and go with straight discharge type of system. and it refines it but it also creates
23 some issues on how we handle the distribution system and provide storage at the
24 distribution system. In one case $11.7 million dollars is the proposed savings and in
25 the other case $14.6 its riot redundant you get one or the other.
26
'27 Mr.. Culp, one of the things about the VE process, their job is to make_ sure that the
28 -designer_ and owner understand our ideas. It is not then to become an advocate and
29 argue about whether their, accepted or rejected.
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31 Mr. Ban we .might want to have the design team talk about their response to those
32 particular ideas and why we made the decisions we did.
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:34 Doug 'Wing, - Carollo Engineers, summari2e.d the value engineering review of the
35 Wafer Recycling Facility, Project, including the accepted value engineering ideas
36` and r'their construction cost savings, the site access alternatives and issues. He
37 explained that Caltrans would not agree to a, signal at the current, East Gate
38 intersection; as they did not believe the traffic warranted, it. It might be possible,
39 however, to install ,A signal at Pine View (the intersection where vehicles turn into
40 Kaiser Medical Center),, as that intersection has sufficient traffic and there have
41 been a number ,of. accidents there. That would ,potentially improve access for either
42 alternative.
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44 He ,'then reviewed. the original and reviewed wetlands layouts, and the enhancement
45 wetlands that could be constructed on parcel B. Carollo had recommended
46 constructing facilities above elevation 7.0 (elevation 7.0 is defined as "floodplain").
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WATER A`ECYCLING, FACILITY PROJECT,.continued
This area consists of about 22 acres. The area above elevation 5.0 to. 5.5 covers
about 56 acres. That 'would be the maximum area that could be; developed. as
t .
enhancement wetlands or wetlands park. It would be approaching the floodplain,
but studies, could be done to determine the -potential impact. He noted,a "gray arear"
of about 8' acres that the Wetlands consultants looked at, and concluded that the
Corps of Engineers would have to determine if that; area was, indeed, wetlands.
10 Vice MayorCade r -Thom pson noted that
11 which showed the "gray area"as above the
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she: had seen a FEMA map of the site
1'00 -year floodplain.
Mr. Wing 'replied that it was; probably a flood insurance rate mar) showing
delineation of the floodplain. Carollo's map was based on a topographical map of
the property completed last surh.rner.
Councilmember r Todiatt asked how many,- acres the. City owned.
:Mr. Wing referred to, page three of Mike Ban's report, which stated, "16 acres."
20
21 Councilmember Tbrliatt continued that 22-F56+8 — 86; then subtract 161= 70 acres.
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23 Mr. Wing clarified that the'56 acres included the 22 acres.
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25 Councilmember Torliatt corrected that it would be 56 — 1,6.
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27 Mr. Wing agreed and added that this Would be the area of the parcel the City would
28 have to purchase to develop that area.
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30 Councilmember ToTliatt continued that there were only
I y 4.8 acres of the lower `portiq'n -
31 that could actually be wetlands.
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33 Mr. Wing agreed. He then explained that the. ecological footprint . Was used to
34 differentiate between alternatives by looking at their environmental impact, in, terms
35 of disinfection and algae removal, construction materials and energy, chemical use
36 and processes 'that produce meth . ane or absorb carbon d.ioxild.b. Q r6l1c; considered
37 California .Power cqnd'Gre�en Power for, hypochlorite acid UV disinfection processes-.
38 Cali 1. forn e -
: California Power had. almost the same
impact. per 'year for eithe'r.'Orocess,,, The
39 Green Power alternative had substantially less .impact with 4he UV ..disinfection
40 p-rocess. Carollo also reviewed the ecological 40otbrint for algae removal facilities
41 (full flow) for, the well'Ands alternatives (75 acre wetlands and DAF/NRF)., A
42 substantial' amount
nt of energy would be =used in constructing the 75 acres 'of
43 wetlands. The DAF/NRF alternative would use a lot of materials during construction,
44 but notalot of energy. The annual operation, of the DAF/NRF r facility -would involve
45 considerably more chemical use than the wetlands, but would produce no, methane
46
December 17, 2001 Vol. 37, Page 131
1 WATER RECYCLING FACILITY PROJECT, continued
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3 nor take up any dioxide (the wetlands would produce significant methane and
4 dioxide uptake). The total footprint for both alternatives was almost the same.
5
6 Councilmember Moynihan asked Mr. Wing if he had specified the nitrifying rock filter
7 approach for`the DAF. He thought one of the recommendations was to do away with
8 that.
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10 Mr. Wing responded that in the full flow scenario, they looked at including
11 nitrification of the pond effluent in both wetlands and DAF.
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13 Councilmember Moynihan told Mr. Wing he had just shown Council two different
14 charts --one for disinfection one for algae removal. Both are small components in
15 the overall system. On the chart that Carollo provided as part of the water recycling
16 facilities project initial study of May 2001 — the numbers and the various
17 components totaled a lot larger. He did not think Council had the overall picture; as
18 -far as'the ecological footprint. A good example: wetlands had a 1230 -acre total, and
19 Mr. Wing was showing Council a comparison of 23 acres versus 70 acres. He
20 thought it obvious there was a lot more ecological footprint out there than was
21 shown in this comparison.
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23 Mr. Wing agreed, if one looked at the entire project, and the energy and materials to
24 construct the facilities. The May report differentiated among five alternatives. The
25 purpose now was to differentiate- between either disinfection alternatives or algae
26, removal facilities
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28 Councilmember Moynihan pointed out that if, for example, there were no algae
29 removal — which was the value engineering approach, the numbers would change —
30 and so would the amount of storage in, the processor in the plant. He didn't
31 understand the relevance of ther information Mr. Wing was presenting, as it was a
32 very small compoherit,, of an overall picture. He thought one would look at the
33 information and think, "'W_etlands/DAF— it's the same thing."
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35 Mr.. Wing agreed that the report didn't differentiate between disinfection alternatives
36 or wetlands/DAF alternatives at full flow. It did differentiate between wetlands and
37 DAF at the blended flow. The energy required to construct wetlands in ponds 9 and
38 10 1 , st much lower so the bottom line for the wetlands, for 25 acres per year, instead
39 of 75 is lower than for the DAF.
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41 Vice Mayor Cader-Thompson though the end product would be of much higher
42 quality with larger wetlands.
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44 Mr. Wing confirmed . `that larger wetlands would provide more polishing and
45 additional metals removal.
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December 17,, 2001
1 WATER RECYCLING FACILITY PROJECT, continued
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3 Councilmember, Moynihan asked Mr. Wing, relative to the environmental footprint, if
4 Mr. Wing could provide Council with an overall. picture of the alternative ,design
5 configurations Caro'llo was proposing.
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7 Coun.cilmember Maguire clarified that Council went through that process some
8 months back. That was what they based their decision on last year. Mr. Wing was
9 presenting tonight's information to help Council make a decision on one of the two
10 methods of disinfection and one of the two methods of algae removal. The. overall
11 environmental' footprint was a process Council went through for all the major
12 iterations of the plant .before making their decision over a year ago.
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14 Councilmember Moynihan countered that the decision made over a year ago was
15. based on an assumption of what Council was .looking at; for the plant. The concept
16 of wetlands and the methane gas contribution ofwetlands weren't even considered
17 in the ecological footprint., If Council wanted to go back and want to lookat the
18 ecological footprint, he thought it should b,elooked at in its entirety. It shouldn't ibe
19 looked at in bits and pieces, because Council wouldn't have a basis on -which -to
20 judge the alternatives. If Council was looking at other alternatives as recomended-
21 by the value engineering team, such as ditch systems for oxidation = and was, going
22 to say that, it's being ruled out because it doesn't meet the parameters o.f the
23 community, .he thought Council first needed to understand whether.or not it's based
24 on 'a false assumption_ He thought ,Council had 'some false assumptions when they
25 set policy on this issue.
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27 Mr. Wing asked if he could' finish the presentation and then take questions.
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29 Mayor Thompson noted the late ,hour and added that the public needed. a chance to
30 comment.
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32 Vice Mayor Cade r -Thompson thought that was important: She, noted''that this. was
33 supposed to be the only item on tonight's agenda. She thoodht:the. fact: that it wasn't
34 was unfair to the public and to the people who gave up and..left already.
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36 PUBLIC COMMENT
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38 Onita Pellegrini, Petaluma Area; of Chamber of Commerce, presented copies_ of the
39 Chamber's Policy Handbook to the Council and read the following letter, dated
40 December 14, 2001:
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42 Dear Mayor Thompson and City Councilmembers.
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44 The Board of Directors enthusiastically supports a multi -use wetlands. project in
45 Petaluma that could .include a component of the wastewater_ treatment facility
46 currently under consideration by the Council. Our board
December 17, 2001
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3 bases its decision on its ongoing commitment to the construction of a new
4 facility and the continued development of parks, enhancement of the
5 Petaluma River, and increased promotion of tourism, as stated in the
6 Petaluma Area Chamber of Commerce Policy Handbook. We endorse the
7 multi -use wetlands project with three important considerations in mind:
8 First, development of a park must not delay the current decision-making
9 process for the wastewater treatment facility. Second, the ratepayers
10 should; not bear the cost of the. park. Third, -the Council decision regarding
11 the park and the adjacent facility should support agribusinesses that
12 comprise an integral part of Petaluma's economics and culture. Thank you
13 for the opportunity to address you this evening. The Petaluma Area
14 Chamber of Commerce appreciates your commitment to the completion of
15 the new wastewater treatment plant in the near future.
16
17 Sincerely,
18. Onita Pellegrini
19 Chief Executive Officer
20 Petaluma Area Chamber of Commerce
21
22 Terence Garvey, 83 Maria Drive, felt important issues must be resolved before a
23 decision is made on the wastewater treatment facility. Whether Council chooses the
24 DAF or wetlands alternative, about one-half of the annual flow to the plant will go,
25 only partially treated, to the Petaluma River during the winter. He asked what the
26 advantage was of a.plant costing double the previous estimates while the City still
27 discharges one billion gallons (3,000 acre feet) of partially treated winter flow
28 annually. The wetlands definitely have special advantages. Like agriculture and
29 forests, they often change harmful substances into vegetation. The amount of
30 acreage..p'lanned for the cost is not enough to treat even all of the City's summer
31 flows. The Council should be aware of the effectiveness of wetlands for a given flow
32 and acreage. He thought this question was asked earlier and received an
33 incomplete answer.. He encouraged Council to consider the possibility of delivering
34 effluent to the. Napa salt ponds for storage. If this was not feasible, the City might
35 engineer, an environmental trade where Napa would keep 1,000 acres of their
36 ponds as brackish. water marsh and Petaluma, would use brackish marsh along the
37 Petaldmd. River as' fresh water marsh. He suggested that Council approve the
38 secondary treatment facility with a small wetlands immediately and move forward
39 with fast=track feasibility studies for a wetlands that, will address the issue of effluent
40 to the river, complete treatment, storage and costs, and set a drop -dead date for the
41 wetlands decision.
42
43 'Sylvan Eid'elman, 2417 Teak Court, Madrone Audubon's representative to the
44 Audubon San Francisco Bay Restoration Program, a program to restore 100,000
45 acres of wetlands around San Francisco Bay. Audubon strongly supports a
46 wetlands park, and hopes the City will make that a part of the wastewater treatment
Vol. 37, Page 134 December 17; 2001
WATER RECYCLING FACILITY PROJECT; continued,
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3 facility. About 50.0 members of Madrone Audubon live in Petaluma. The wetlands
4 are greatly supported ibyr the residents. of Petaluma. He has, been promoting, with
5 California ,Audubon, the idea of an .Audubon Nature' Center in this center. If
6 Petaluma included -wetlands park in the project, the area would be more attractive to
7 California Audubon. The president of California Audubon is Dan Taylor, phone. 91.6-
8 481-5332.
9
10 Counc lrnember Moynihan pointed 'out that Council was actually ;looking at three
11 wetlands park alternatives. He asked Mr. Eidelman which alternative Audubon was
12 endorsing.
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14 Mr. Eidelman replied that Madrone Audubon, in general, would like to see. the
15 largest amount of wetlands possible. Looking at the ecological footprint data, there.
16 are other things important to the environment that a largervetland can produce. For
17 example, they attract a lot more migrating birds.
18
19 Councilmember Moynihan clarified that there was a difference between the. size of
20 the wetlands, and whether using it as wetlands park; or a treatment wetlands, or two
21 small aeration ponds for algae removal. He thought if members of Audubon; or, any
22 other organization, were going to state their opinions during a Council meeting, they
23 should first educate .themselves about the various alternatives being considered,
24 instead of making a general statement of support or non-support.
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26 Mayor Thompson thanked Mr. Eidelman for coming. a
27
28 Lew Edmondson; 916' Catalpa Way, Madrone Audubon Society,; had, been following
29 the issue closely in the newspaper, and did not recall seeing three alternatives
30 presented there. He attends many bird'ing festivals, and. is most impressed by the
31 attractive and abundant marshland. The' trails around the, marshlands attract
32 visitors, school children come to learn at the nature center. 'H'e thinks Petaluma
33 deserves the opportunity to have the. same sort of facility.
34
35 Gerald Moore, 1628 East Madison Street, remindedCouncil that he spoke in
36 support of wetlands and their economic value at the last Council meeting. At the-
37
he37 end of the last meeting, Mayor Thompson noted that many people in the room, were
_38 supporting wetlands, but the same people attended each meeting, He and'hiswife;
39 with help from friends, talked to citizens regarding their feelings about the new
40 treatment plan, the option of enhancement wetlands, and the possibility of -'a new
41 wetlands park. He estimated they received a 98-99% positive response. They
42 circulated a petition supporting creation of a wetlands park and a wildlife sanctuary
43 on the property located between Shollenberger Park and the present wastewater
44 settling ponds on Lakeville Road. They gathered 962 signatures on the petition.
45 Fourteen percent were out-of=towners (beyond Petal uma/Penngrove). He and his
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WATER RECYCLING FACILITY PROJECT, continued
wife _,kept hearing the same comments over and over." He read a list of the ten
comments heard most frequently:
1. I love it! This is a great idea and a no-brainer.
2. Thank you for donating _your time to help make this happen. We don't
go to .Council meetings, but we're behind you on this.
3. Being out in nature and seeing birds is an important quality of life issue
that needs 'More support from the City.
4. 1 come to Shollenberger after work, or whenever I can, to restore my
psyche. Enlarging the park would be wonderful.
5. They promised us Lafferty, which will probably never happen. Surely they
can deliver on an expanded Shollenberger:
6. 1 moved here from Marin/Contra Costa County, where there is plenty of
open space where people can be out in nature. That's not true here. What's
-wrong with the governments ,in Sonoma County?
7. 1 don't live in Petaluma, but I work here, and use Shollenberger often.
Enlarging it would be .a..great idea.
8. We have supported lots of parks for our kids. Now it's time for the
government to provide more parks for adults. Right now, Shollenberger is
all we have.
9. 1 don't live in Petaluma, but I come.to Shollenberger often to bird watch, and
would love to see it expand. Shollenberger is gaining a reputation among
Bay Area; birders.
10. `We have a strange government, in Petaluma. They come up with so, many
good ideas; but bring,. so. few of them to completion. Do you think they, can
make thi's one happen?
Vice Mayor Cader-Thompson noted that Mr. Moore has presented slide shows of
the Arcata Marsh, and they're very informative.
Mr. Moore added that he would present the slides again on January 5, 2002, at 2:00
p.m., at the Petaluma Library.
Sherry Taylor, 519 Oak Street, has lived in Petaluma for 30 years. Shollenberger is
the only park accessible to everybody. It needs to be enlarged "all the way." If the
wastewater treatment facility is part of it, that "saves two birds with one stone." In
this day and age, peace of mind is something people have too little.of.
Bob Dyer, 1708 Granada Court, Petaluma_ , docent at Shollenberger Park, spoke for
Greg Colvin, 111 Dublin Court, who was unable, to remain at the meeting, as was
true, Mr. Dyer added, of many people, due to the late hour. Mr. Colvin. has lived in
Petaluma for 15 years, pays property taxes. and spends most of what he earns to
support the City's economy. He is a, non-profit, tax-exempt attorney commuting to
San Francisco daily by bus. His clients range from Trust for Public Land to
Vol. 37, Page 136 December 17, 2001
WATER RECYCLING FACILITY PROJECT, continued
2
3 Toastmasters International. in Petaluma.. He incorporated the Polly Klaas
4 Foundation. He is in favor of expanding Shollenberger Park, by adopting the
5 wastewater treatment plan before Council He has spent many enjoyable hours with
6 friends- and, family birdwatching in the park (after which they often spend money Jn
7 Petaluma's restaurants),. He urged Council to take this opportunity, to .enhance the
8 environmental quality of Petaluma's natural river resources. Some people disparage -
9 birdwatchers, and put the environment in opposition to jobs and economic growth.
10 This has never been his experience. He grew up in Mt. Rainier National Park, where
11 his father managed a .resort hotel, and his uncle and cousins .made a good living.
12 Petaluma, has the chance to create an eco -tourism attraction linking the wetlands;
13 Shollenberger, the, marina and the new hotel through a network of trails.. "All you
14 have to do is build it, and they will ,come: fish, ,flocks of white pelicans; our friends,
15 visitors, and our childrens' children."
16
17 David Yearsley, 521 Walnut Street, Petaluma 'River Keeper, said' by attending
1,8 Council. Meetings,, he has learned that. Council. does a difficult, and. sometimes
19 thankless job. He appreciated their willingness to put energy into it. He spoke to'a
20 Petaluma High School wildlife class; and only six of .the thirty students had been to,
21 the marsh. Part of the reasonis access: it is very difficult to get to. A park with tidal
22 marsh access in the City wou'l`d be a wonderful_ boon to the growth and appreciation
23 of the younger generation, as well as adults. 'Access breeds understanding;
24 'understanding breeds love and caring.,"This, is an opportunity to bundle fresh water
25' filtration wetlands .and environmental sculpture by a world-renowned artist' with the
26 tidal wetlands — a, package .that will definitely attract visitors, an Audubon Education -
27 Center - and will be an asset to the community for. ,generations to come. He
28 believes the City' should 'puff in, place a filtration system ,such that fish caught from
29 the rivercould be safely eaten, and people could safely swim .in the river. "'This is a
30 golden, opportunity to do something for the future." He submitted petitions in favor of
3:1 the wetlands project to' the City Clerk.
32
33 Stefan Gutermuth, 120 Eighth Street, taxpayer and father of two young children,
34. spoke regarding the financing of the project. He believes it would be a great asset to
35" the .community to have the Audubon Society involved in the project. He urged_
36 Council to "make a deposit, now for our future 'forthe wildlife; and also for the
37 children."
38
39 `Scott Vouri, 1557'Mauro Pietro Drive, on behalf of Petaluma Tomorrow, a group of
40 Petaluma -area citizens who 'desire open government, responsible development,
4.1 and sustainable watershed management. They support the wetlands as partof the.
42 .wastewater facility expansion project, as, it would bring much-needed :dollars to
43 Petaluma's economy, and would provide the ratepayers with an amenity — a ``nice
44 return, on their investment." It `is also an environmentally sound technology, They
45 approached the Chambers of"Com_merce in both Lodi .and Arcata to obtain figures
46 on the number of tourists attending their wetlands festivals, and the dollars those .
December 17, 2001 Vol. 37, Page 137
1 WATER RECYCLING- FACILITY PROJECT, continued
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3 tourists were spending. Lodi responded that in a single weekend, the Sandhill
4 Crane Festival, they have 2,000 visitors, 45% of whom dined out, 24% bought a
5 tank of gas, 13% went shopping, and 10% stayed overnight. Arcata told there that
6 by looking at the guest book at the Visitor's Center at the wetlands, they estimated
7 at least 25,000 wetlands -specific visitors a year. Extrapolating this data .based, on
8 the experience of some of their members who attended the Sandhill Crane Festival,
9 and what they and their peers spent, they concluded that day visitors spent $50,
10 and someone staying for two nights spent about $200. That would add up to $1.625
11 million a year. (These figures did not break down the sales tax, bed tax, etc.) This is
12 a very rare opportunity for the City to both improve the environment and stimulate
13 the economy.. He encouraged Council to approve. wetlands large enough to include
14 a sculpture by. Patricia Johanson, an Audubon Center, and make it a world-class
15 attraction. He continued that the wetlands should be part of the wastewater
16 treatment facility project because it added a sense or urgency and timeliness to the
17 project, and it allows the City to leverage 'the bonding power of the ratepayers in
18 building the treatment facility to ensure that the wetlands component becomes a
19 reality.
20
21 Connie Madden, 215 Water Street, Petaluma Tomorrow, absolutely supports the
22 enhanced wetlands. It sounded to her as if the City will eventually need every bit.of
23 the land that's out there — water becomes a more important issue as time goes by.
24 She thought Council should try very hard to acquire the whole area. The Open
25 Space District may be able to help. According to the Audubon Society, the Bay Area
26 Wetlands.are considered the second most important in the country. She added that
27 `People need beauty to be happy."
28
29 Stan Gold, 615 King Road, reminded Council that at a recent',meeting they heard
30 Tom Hargis, Director of Water Resources and Conservation, present staff's
31 recommendations regarding the enhanced, wetlands. Mr. Hargis recommended that
32 the City purchase the entire undivided parcel known as Parcels A and B for
33 enhanced wetlands for the new wastewater treatment plant. Seasonal water storage
34 will, continue to be a very vexing issue. With ownership of Parcel A; the. City will
35 have access to much increased water storage capacity. Restrictive effluent
36 discharge _regulations from Sacramento will become more severe. Having the
37 additional' working wetlands marshes on Parcel A. will -allow the City to more easily
38 comply with tightened regulations. Parcel A would be the City's insurance policy for
39 potential wetlands expansion, when the time comes that the new plant requires it.
40 Since, the City is currently hard-pressed financially, because of the drop in sales tax
41 revenue, he thought funds might be raised from :another source. He spoke to
42 Andrea McKenzie, Executive Director of the Sonoma County Open Space District.
43 He asked Ms. McKenzie if the fact that the wetlands marsh wildlife sanctuary would
4.4 also be used to polish wastewater effluent from the sewage plant, precluded this
45 land from being considered for purchase and protection under the Open Space
46 District. Ms. McKenzie replied that it would not be precluded. Ms. McKenzie
Vol. 37, Page 138 December 17,:2001
1 WATER RECYCLING FACILITY PROJECT, continued
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3 encouraged the City staff to contact h6r and prepare a proposal. She explained. that
4 the OSD could con's'ider proposalsonly where there was, a willing seller..He asked
5 Council to direct staff to enter into discussion with Mr. David Martinelli for the
6 purpose of facilitating a. friendly sale of Parcel's A. and. B. Mr. Martinelli would receive
7 a fair profit for his land.. Should Mr. Martinelli wish tQ retain a small portion of' Parcel
8 A bordering Lakeville: Highway, such an accommodation could: probably be .made
9 without unduly compromising the wastewater treatment wetlands. He would tell Mr.
10 Martinelli that, he' had. an opportunity to make possible a legacy for his
11 grandchildrens' grandchildren.
12
13 John ;Bertucci, 651 North Fair Street, -was concerned that the expansion of
14 Shollenberger Park was a "double edged carrot,"' He ,reminded Council that, the
15 expansion of the 'park would be a ``reward" for making a :good decision,
16 environmentally,, for the wastewater treatment facility. He believes it would be a big
17 mistake to choose the DAF alternative.
18
19 Judy Heikel, .642 F' Street, has recently begun visiting Shollenberger Park, and it
20 has "increased the quality of [her] lie dramatically." She asked Council to approve
21 thedargest wetlands possible.
22'
.23. Steve Long, address not given, believes the City has an opportunity, and Council
'24 needs to act on it `'now."The best solution for the wastewater is the park.
25
26 Vasco Brazil,, in 1984, the Regional Water Quality Control Board prohibited summer
27 'discharge of secondary quality Wastewater into the Petaluma River.. This agency's
28 action led to the City- paying agricultural users to use this wastewater for irrigation.
29 Over the years, agricultural reuse has grown to use 800 acres of agricultural land
30 and recycle 8:00' million gallons of secondary treated wastewater. Mr. Brazil; asked
31 Council togas_ k -staff the, energy cost in the summer of 2001_ for agricultural irrigation
32 and the total amount, paid to the seven users.
33
34 In- 2000,;, the Sonoma County Water Agency (SCWA) requested that Petaluma
35 produce Title 22 tertiary quality wastewater for urban reuse, to reduce the need to
36 draw water from the Russian Water. Mr. Brazil recommended that Council ask staff
37 to obtain a :firm, long-term commitment for use of 4 "mgd tertiary Wastewater to
38 ensure the "ratepayers will not be burdened with the cost, as they are with the
'39. current ag.:reuse project.
40
41 Mr. Brazil did not. agree with the recommendation from Carollo Engineers to use
42 Parcel B for the wetlands and park, as he .believed it would. cause flooding
43 problems, saying that, "The City, has concerns about flooding in Petaluma — except
44 when they cause ,it." He questizoned whether the reduced size of the wetlands would
45 produce the needed, BOD and TSS numbers of 30. He also wondered if the smaller
46 wetlands would have a negative impact on the ecological footprint of the extended
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WATER 'RECYCLING FACILITY PROJECT, continued
aeration alternative, relative to methane gas production. If that was the case, the
alternative should be reevaluated, as Councilmember Moynihan had suggested.
Mr. Ban returned to ,the podium to summarize the areas where staff sought Council
direction and confirmation.
Mayor Thompson asked if that summary was contained in Mr. Hargis's letter.
Mr. Ban confirmed that it was.
Councilmember Healy said he had a'short list of questions and issues.
City Manager Stouder added that since Mr. Culp was present, it would be preferable
if he could answer any: questions about the value engineering report at this time.
Mayor Thompson asked if any other'Councilmembers had any questions.
Mr. Healy said he. did not have any questions for Mr. Culp, and thanked him for
coming tonight,. -and for his work. At the last meeting, in terms of the preferred
access, the recommendation was to have access through the business park. There
was a discussion of whether that could follow the old rail line straight into the
existing pond area, or would have to make a loop. He would like more input on that
by next time.
Mr. Wing replied that Carollo was studying three alternative routes.
Vice Mayor Cader-Thompson understood a heron rookery in the area complicated
the matter.
Mr. Wirig'agreed, and indicated the location of the rookery.
Councilmember Healy had asked at the last meeting for analysis of .issues raised in
a letter Council received from the Sonoma County Planning Department staff. He
had received a partial, written response with respect to the accessroad, but still had
questions about,.the "bigger issue" the letter, raised, which was, taking land that the
County regarded as agricultural land and "doing something else with it." He wanted
a sense from City staff and experts as to what the risks would be, and what the
process would be, if there were additional time issues presented by that.
Mr. Stouder asked Councilmember Healy if he was referring ,to the environmental
review,, letter from the County Planner._ He asked if anyone else wanted to respond
to that or if he should give the "blunt response:
Council invited. Mr. Stouder to continue.
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1 WATER RECYCLING FACILITY PROJECT, continued
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3 Mr. Stouder believes: that the response by the: County Planner was not a thorough
4 or comprehensive view and' may be rather simplistic in the environmental issues
5 raised. They are important issues, but it would be hard to figure out, how a, potential
6 design that, is sustainable, environmentally based, and has expanded wetlands.,
7 could be viewed by an environmental review person as being somehow
8 "detrimenta/"vis-a-vis potential development.
9'
10 Councilmernbee Healy asked Mr. Stouder if he meant he was not worried about it
11
12 Mr. Stouder replied that he believes that any of the alternatives in the proposals in
13 front of Council ,are more environmentally sensitive. than the situation as -is, in terms
14 of land use designation. He. thought good conversations and meetings might make.
15 that evident.
1.6
17 Councilmember Maguire recalled that Council had.also raised the issue of City staff
1$- giving input to the County General Plan process 'in this particular, area.
19
20 Councilmember ,Healy noted that Council had, received a spreadsheet detailing
21 costs.of different options. As he, interpreted the data, City staff and Cato llo .were
22 estimatih,g that the extra" capital costs for the. constructed wetlands park would be
.23: about $4 million. He. asked what thebasis for that estimate was:
24
25 Mr. Wing reminded Council that at the last meeting, iCa.rollo, presented costs for the
26 enhancement wetlands of around $3 million. He thought that was what Was,being
27 included.
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29 Councilmember Healy clarified that the report indicated..$3 million for construction
.30 and $1 million'for project.
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32 Mr. Wing explained that about $1-1/2 million was piping and .pumping, .about
33 $750;000 was public facilities, and about $ 750;000 was the wetlands-therimseIves.
34
35 Councilmember Healy asked if Mr. Wing was, comfortable with that estimate or.was
36 planning to refine it further'.
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.38 Mr, `Wing ,clarified that :it was really a preliminary estimate.. It would be refined once
39. Council determined °what public features they, wanted to include. (for example, a
4.0 bridge over the levee). "The other costs are fairly straightforward'.
41
42 Councilmember Healy noted that members. of the public had spoken ;about the
43 economic benefits of a :wetlands park. The' r6blem he saw with that was that this
44 roughly $4 million in capital costs would have,.to be "bo.rne by the ratepayers", ,who
45 were 'not necessarily the same group that would receive the .economic',benefits. He
46 asked the.other Councilmembersif they were in favor of acquiring all of the.
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December 17, 2001 Vol. 37, Page 141
WATER RECYCLING FACILITY PROJECT, continued
Petaluma Poultry Processors property, or part of it; using eminent domain, or doing
some kind of swap. The swap that was on the table had some major implications for
the urban;growth boundary measure. He would appreciate some further discussion
about the process for property acquisition and what the implications of that would
be.
Vice Mayor Cader-Thompson was glad Council was finally talking about the land,
because she thought the land needed to be dealt with before a decision could be
made. She was pleased about the 56, acres on Parcel B with potential for wetlands.
She believed that the words "enhanced wetiands' were being falsely used. They
should actually be called 'treatment wetlands:" because they were used to bring the
effluent to a higher grade. She saw this as preparing the City for the future and
more stringent regulations from the state and federal governments regarding the
way the City can discharge water into the river.
She does not believe the smaller wetlands would provide enough storage for the
future. As far as the costs of trails, she does not think that should be part of the
treatment facility,. The trail money and the other amenities should come from grants,
"from 'a group that wants to work in that direction." She feels the public (including
herself) should bear the cost of the wetland construction and piping, because it will
provide much better quality recycled water. She saw no sense in building a plant
that will `just get us by," Council frequently talked about the need to "look into the
fciture." ;She asked Mike Ban if he had talked to any of the citizens who were in the
audience, at the last meeting and expressed interest in agricultural reuse for
vineyards.
Mr. Ban replied that he took down their names and learned a little about their
vineyards. As part. of the General Plan Recycled Water Master Plan process, the
.option of a pipeline down Lakeville would be included.
Vice Mayor: Cader-Thompson saw an opportunity to try to get the Open Space
District to work with the City to purchase the entire piece of property, or to work with
Petaluma Poultry Processors in a_ way that was beneficial to both parties, "or we can
do nothing and have nothing."
Councilmember Healy asked her what she would support at this time in terms of
property acquisition.
Vice Mayor Cader-Thompson explained that the approach that she would support
would be to sit down and talk with them. Owning the whole property would be
prudent, but the City doesn't own it. If Petaluma Poultry Processors was willing to
work with the City and the Open Space District to purchase the whole piece of
property for the City, she would support that. If there was a problem and they want
to come up with another negotiation, she would be willing to listen to that and work
Vol. 37, Page 142 December 17, 2001
1 WATER RECYCLING FACILITY PROJECT, continued
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3 with that. Her "feeling is the wetlands are really 'important for Ahe quality — but she
4 also thinks it's a public amenity the City, will never again have the opportunity to
5 provide, and that it must be tied with =the wastewater facility. She encouraged
6 everyone to come on January .5, 2002, 2:00 p,m. at the Petaluma Library to. see
7 Gerald Moore's presentation on the,Arcata wastewater project.
8
9 Councilmernber Moynihan referred to item G8 — continuous sludge 'treatment
10 disposal. The value engineering idea was to discharge sludge to the existing
11 oxidation ponds: for long-term storage. He, read th& following from the City
12. engineer's recommendation included in Council's packet: "A cost savings attempt
13 was ,made by cleaning digesters at the existing sewer plant and temporarily
14 disposing all those biosolids within the pond system. This created significant odor
15 problems while_ being implemented; and again when the pond system was cleaned
16 to remove the sludge digester loading as well as the normal build=up of bio -solids."
17 He asked Mr.. Culp if 'hewas familiar with other facilities that have been .able to
18 effectively use some type of ponds to discharge ,sludge.and accumulate .it there on a
19 long-term, basis and then,deal with it at some point in the future.
20
21 Mr. Culp replied that the value.engineering team was familiar with other installations
22 with the aerobically stabilized_ kinds of sludges the City would encounter — which
23 were quite different from the ones the City had to deal with out atthe digesters.
24 There was nothing exactly. like what Mr. Moynihan was describing, but they were
25 similar enough that they were, worth looking at.
26
27 Councilmerriber Moynihan understood that the concept wase rejected on technical
28 grounds, but in referring to the value engineering report, Mr. Cu.l,p's team deferred'to
29 the City on technical grounds. Apparently it didn't: meet the goals in deferring the
30 sludge disposal. He wondered if it was "set up to fail."
31
32 Mr. Culp referred to the list of constraints the value engiheering'team was given at
33 the start.. of .the project, and noted that continuous processing of .sludge. wasn't on
34 that list. The team was not directed not to consider it. He .agreedwith the ' City and'
35 Carollo's conclusion that there was increased potential for odor .with this approach,
36 compared to the approach that has been adopted.
37
38 Councilmernber Moynihan remarked that a. potential cost savings of $3.00,200,000
39 would mean more than $90 savings per ratepayer..
40
41 Mr. Culp replied that the savings had to be balanced against the relativ& risks.
42
43 Mayor Thompson noted'the late hour and asked to move, on.
44
45 Councilmember Moynihan thought that perhaps 'the item should be continued to
46 another meeting.
December 17, 2001 Vol. 37, Page 143
1 WATER RECYCLING FACILITY PROJECT, continued
2
3 Mayor Thompson replied that Mr. Culp might not be available at a future meeting.
4 He noted that Mr. Culp had just indicated that the value engineering approach had
5 been reviewed both.,by City staff and the consultant, and they agreed not to adopt it.
6 He asked Mr. Culp if he had misunderstood him.
7
8 Mr. Culp said Mayor Thompson had understood him correctly.
9
10 Councilmember Moynihan stated that the value engineering team did not agree not
11 to adopt it: it was the choice of the City and Carollo Engineers.
12
13 Councilmember Maguire pointed out that Mr. Culp had just stated that he agreed
14 with that decision.
15
16 Councilmember Moynihan said he had not heard that Mr. Culp had agreed. He
17 wanted to ask one more :question of Mr. Culp: How would he investigate the
18 feasibility of approaching the sludge disposal to the ponds?
19
20 Mr. Culp said he, could spend some time collecting samples at nearly analogous
21 situations, but it would not be possible to find one that would exactly duplicate what
22 Petaluma would have. There would be a lot of "professional judgment" involved. He
23 added that it wasn't really up to the value engineering team to either acceptor reject
24 the design team's accepting or rejecting of the value engineering team's ideas:
25
26 Councilmember Moynihan said he understood; he simply wanted the public to
27 realize the great potential to save the City.some funds; He would like to -find out how
28 other cities have done this successfully. He. wanted to clarify that Mr. Culp had not
29 said it "wasn't a good idea," but rather that "he, was not going to second-guess the
30 consultant.'" Referring to item G17,, the -oxidation ditch extended aeration, he asked
31 how the technology was so different that it, could realize $40 million cost savings.
32
33 Mr. Culp replied that there were a lot of ideas involved in G17, not just the oxidation
34 ditch — the oxidation ditch has 'been around a long time. This was just a different
35 container and a, different way of getting the air into. the water. "The bugs don't know
36 much di'fference."
37
38 Councilmember Maguire noted that the items :that Councilmember Moynihan :had
39 raised had been reviewed by both the consultant and the value engine.er.ing team
40 under the criteria established through the public process that has gone, on for a
41 number of years. At the last meeting, Councilmember Moynihan made some
42 proposals that would basically have unwound that process, going all the way back
43 to considering no tertiary treatment water. Council went to the PUC to address a
44 process in the City years ago that excluded the public, and the PUC upheld it, and
45 there were eight sessions over a period of a year to adopt the criteria. The
46 information Council has before them was based on that criteria. He felt that
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1 WATER RECYCLING FACILITY PROJECT, continued
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3 Councilme_ m_ b.e.r Moynihan was "wasting Council's precious time,- late at night." He
4 asked that, Council 'end this piece of. 'the discussion, because he would like to
5 respond to Councilmember,Healy's question.
6
7 Mayor Thompson noted that Councilmember Moynihan is a Councilmember, and
8 has certain rights.
9
10 .Councilmember- Maguire replied, that Councilmember Moynihan did not have the
1,1 right to "try to rebuild the process from the ground up" at.this time. of night.
12
13 Mayor Thompson asked ,Councilmember Moynihan if he had received.a satisfactory
14 answer to G'17.
15
16 Councilmember Moynihan said he had not.
17
1.8 Councilmember Maguire read from G17 that, "the cost is 50%, higher than project
19 team's lagoon -based extended aeration system." He thought that was sufficient
20 information for Council.
21
22 Mayor Thompson asked ;Mr. Culp if he wanted to respond further to Councilmember
23 Moynihan's question on G17.
24
25 Mr: Culp reiterated that many more things were considered than .the oxidation ditch.
26 A* lot of the savings they noted were -sludge alternatives...He described the team's
27 thinking as "way out of the box — if we put all these things together, and they were
28 all acceptable, how much might you save?
29
30 Councilmember Moynihan asked Mr. Culpto address Council abouf the bypass and
31. secondaryeffluent.around the 'ponds for discharge and reuse, stating that, the value
32 engineering team had reapproached some of the 'base assumptions Council had
33 originally made. He thought it was a `pretty good idea that may or may not .work,'"
34 and he thought Council "needed to hear why it came out."
35
36 Mr. Culp explained that in talking to Carollo Engineers after the'value engineering
37 report was complete, they learned that they. :had not had all the information
38 .necessary to evaluate the possibility -..It appeared that: the ,ponds would have 'to be
39'u - sod more than they previously 'thought, That would mean more algae removal
4.0 ould be necessary. The pieces of the idea showed up in other ideas that have
41 been considered.
42
43 'Councilmember Moynihan asked Mr., Culp, based on"what he now knew, even
44 "tweaking" for. the "size of "the storage. and oxidation ponds, if, it was, a viable
45 alternative,.
46
December 17, 2001 Vol. 37,. Page 145
1 WATER RECYCLING FACILITY PROJECT, continued
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3 Mr. Culp said that technically, it was feasible, and reminded Councilmember
4 Moynihan,. that other factors besides feasibility went into whether an alternative was
5 accepted or rejected.
6
7 Councilmember Moynihan thought it would involve a different design for the plant
8 that was not part of the original paradigm placed in front of City staff, the policy that
9 came forward, and then to the value engineering team. He commended Mr. Culp for
10 'thinking outside the box." He thought the alternative was a great one and should be
11 looked at further.
12
13 Mayor Thompson asked Councilmember Moynihan if he was ready to move on.
14
15 Councilmember Moynihan asked Mr. Culp about the idea, both under the DAF and
16 wetlands approach, of modifying the treatment plant in such a way as to not have
17 storage of water within the plant process, but to place the storage outside in the
18 distribution system or have direct discharge., thus eliminating the need for algae
19 removal. He asked Mr. Culp if he was oversimplifying the concept.
20
21 Mr. Culp clarified that those ideas actually involved continuing to use the ponds but
22 to operate them in a different manner and' have. the last cell have a very short
23 detention time. With the other ponds, a low enough algae count could be produced
24 to allow it to be handled with filters. The design team pointed out some risks, with
25 which Mr. Culp was sympathetic, as the, process has not been widely used.
26
27 Councilmember Moynihan thought that if Council really wanted to "pioneer," this
28 would be the way to go. The approach, that the value engineering, team put' together
29 originally was a good one and had opened Council's eyes about many different
30 ways of dealing with sewer treatment. He thought Council.-.needed to .keep this in
31 mind, especially when evaluating the recommendations coming forward. "He was
32 concerned that some "great alternatives for the community" may not be considered
33 due to policies set by Council. He believes the City needs to _build a "very basic
34 sewer treatment plant" at low cost to the community, and the value engineering,
35 team has provided the City with ways to do that. He thought if would be "veryshort-
36 sighted of [us] and a disservice to the community" to "ignore and not consider" the
37 alternatives. He thanked Mr. Culp again for his work.
38
39 Vice Mayor Cader-Thompson noted that she had an early morning appointment and
40 was leaving the meeting (11:20 p.m.). She wished everyone a great holiday.
41
42 Councilmember Torliatt noted that Councilmember Healy had asked Council their
43 feelings about acquisition of Parcel A. She asked him where he stood on the
44 question.
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46
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1 WATER RECYCLING FACILITY PROJECT; continued
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3 Councilmember Healy replied that he had asked the question because he .wase not
4 clear how acquisition„ negotiation or swap would proceed and what risks -there were.
5 to the timing of the project or the cost estimate. The "cleanest, lowest risk" approach
6 would be to not tie the project to acquisition of any of the Petaluma. Poultry
7 Processors property. If other Cou-ncilmember were interested in ,acquisition of the
8 property, he would like to know the process they had in mind.
9
10 Councilmember Torliatt referred to page 3 of the staff report,` and asked Mr. Culp if
11 the 40 acres mentioned there included the 11 acres above elevation 7 feet:
12
13 Mr. Culp confirmed that it did.
14
15 Councilmember Torliatt asked if the 40 acres was all floodplain.
16
17 Mr. Culp clarified that the 11 acres above 7 feet was buildable.
18 "
19 Councilmember Maguire pointed out that the:.report stated that building could occur
20 in the. 4.0 acres, if a study was conducted to determine upstream impact.
21
22 Councilmember Torliatt concluded that 131 of the 171 acres were jurisdictional
23 wetlands that could not be built in.
24
25 Mr. Culp agreed.
26
:27 Councilmember Torliatt thought that if' Councilmember Moynihan was correct in his
28 assumption each $1 million spent would cost the average ratepayer $4.00,
,29 constructing the' -wetlands park would only increase the cost of the project by
30 $400,000, when looking at the annualized cost over twenty-five ,years. This. worked
34 out to about $:03 a month per ratepayer° for the constructed, enhanced, wetlands
32 over the twenty-five "years. That .did not include the acquisition of the property-. She
33 :thought if Council was going to. talk about ballot measures; and getting direction
34 -from ;the'- public, And equity for ratepayers,, perhaps it would be prudent for the
35' Council to ask the voters in November 2002,, or whenever it might be, if it was
36 something the community wants. This could be. done -simultaneously with whatever
37 treatment process Council chose, — wetlands or DAF. The community, would be
38 .given,a,choice. She thought Council needed. to1bok at all the possibilities that ballot
39 measures.might bring.
40 '
41. Councilmember Maguire recalled Councilmember Healy's question about, how the
42 ratepayers-Wwould benefit from the wetlands. He thought there were many ways. The
43 local economic stimulation would benefit the community at. large. There was the
.44 potential was a higher quality, of. effluent, storage benefits,- repair of the natural
45 environment. He has long supported acquisition of all the Gray property. It was
46 unfortunate that City land acquisition was a slow and difficultbusiness, because the
December 17, 2001
Vol. 37, Page 147
1 WATER RECYCLING FACILITY PROJECT, continued
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3 City has lost out on earlier opportunities. If the City had to use eminent domain, he
4 was not opposed. He thought this was a tremendously important project. Regarding
5 the Petaluma Poultry Processors possible expansion 'needs, he cautioned Council
6 that too much expansion would be the kind of development that the Urban Growth
7 Boundary was designed to prevent. He is in favor of' acquiring the greatest amount
8 of land and building the largest wetlands possible, because `the environment needs
9 it, children need it, birds need it, we need it, and we need .it also for sewer
10 treatment." He called it a "pretty solid case."
11
12 Councilmember Moynihan stated that the number he came up with of roughly $4.00
13 per million is based on $105 million dollars in the. CIP. The debt service on that
14 would be roughly $400 per customer, using 18,000 customers. The City Finance
15 Director helped him reach that number. He did not understand why property
16 acquisition costs were not included in the -enhanced wetlands alternative. He did. not
17 think_ revenue bonds could be used to purchase parklands. He thought a park was
18 definitely worthwhile, but he did not think the City had the right to pass the cost of
19 acquiring the land to the ratepayers. If the eland could be acquired through a trade,
20 or the Open Space District, he thought that was fine. He thought it was unfortunate
21 that consideration was being limited ,to Parcels A and B, as there was land to the
22 southeast of the.,parcelshat provided: potential wetlands. If Council wanted to focus
23 on "doing this right and doing a full-scale project," he did not think they should limit
24 their thinking to certain parcels of Land. He thought the sewer treatment facility could
25 forward independent of purchase of any of the land. Conversely, a park proposal
26 could go forward now, and .the treatment plant. could be dealt with separately.
27 Linking the two together might slow both down.
28
29
30 ADJOURN
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36
The meeting was adjourned at 11:40 p.m. in memory of Sol Fishman.
37
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39 ATTEST:
40
41
42 ,LP,
43 Paulette Lyon, Interim Cit C)erk
44
45
46
E7 -0 -ark Thompson, Mayor