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HomeMy WebLinkAboutCity Council Minutes 05/06/2002May 6, 2002 Vol, 37, Page 375 ~p,LU a . ~ City ®f Petaluma, California City Council Meeting I85$ City Council Meeting Minutes Monday, May 6, 2002 - 5:30 p.m. Regular Meeting PRESENT: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt ABSENT: None 1 PUBLIC COMMENT 2 COUNCIL COMMENT. LIAISON REPORTS 3 4 Councilmember Torliatt: 5 6 • Zone 2A meeting recommendation -requesting Rockridge Pointe have 7 improvements that Zone 2A is trying to construct in Marin Creek prior to 8 Rockridge being built. 9 10 Councilmember Moynihan: 11 12 • Agenda -review of City's Risk Management program -has requested a 13 couple of times and asking again -wants agendized for closed session ways 14 to reduce cost of litigation. 15 16 Vice Mayor Healy: 17 18 • Supports Councilmember Moynihan's request as staff finds appropriate. 19 20 AGENDA CHANGES, ADDITIONS. AND DELETIONS 21 22 Closed Session cancelled: 23 24 CONFERENCE WITH LABOR NEGOTIATOR, Government Code Section 54957,6. Agency 25 Negotiator; Bill Thomas/Frederick Stouder/Dennis Morris, Employee Organization; 26 AFSCME. 27 Vol. 37, Page 376 May 6, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 APPROVAL OF MINUTES; • April 8, 2002. Motion to approve April 8, 2002 as written. M/S Torliatt/Healy AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES; None ABSENT: None ABSTAIN: None • April 15, 2002 The following corrections were noted for April 15, 2002; Page 7, line 31: Clarify that Engineering Manager Michael Ban will determine if the existing sewer main is of sufficient size and capacity, should the fairgrounds property be developed, Page 20, line 37: Change to read, "...bike/pedestrian access all the way around and sidewalk along the north side portion of Corona Road that must be reconstructed. " Motion to approve April 15, 2002 as corrected. M/S Maguire/Cader- Thompson AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES: None ABSENT: None ABSTAIN: None PROCLAMATIONS • Certificate of Appreciation and Proclamation Recognizing Guide Dogs for the Blind Presented proclamation to Stacy. Thanked City - introduced Bobbie, guide dog in training -gave certificate of appreciation to Mayor Thompson • National Safe Boating Week -John Perry, flotilla operator for Stanley Cook May b, 2002 Vol. 37, Page 377 1 CONSENT CALENDAR 2 3 All items on the Consent Calendar were pulled for discussion. 4 5 RESO. 2002-068 N.C.S. 6 CLAIMS AND BILLS 7 8 Resolution Approving Claims and Bills 9 10 Councilmember Moynihan asked for clarification on two checks to Petaluma 11 Cable Access, demand date 4/11 /02. Announced he would recuse himself on 12 check 2444 to Livingston and Mattesich. 13 14 Motion to Adopt Reso. 2002-068 N.C.S. M/S Maguire/Cader-Thompson 15 16 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, 17 Mayor Thompson, Torliatt 18 NOES: None 19 ABSENT: None 20 ABSTAIN: None (Moynihan abstained for check 2444) 21 22 RESO. 2002-069 N.C.S. 23 2002 WATER WELL PROJECT 24 25 Resolution Approving the Plans and Specifications and Awarding the Contract 26 for the 2002 Water Well Project. The Project Involves Drilling and Testing Four 27 Municipal Water Wells. Estimated Cost is $207,606.60. Funding Source: Water 28 Enterprise Funds. 29 30 Councilmember Torliatt appreciated staff's detailed response, Asked how this 31 integrates into the Water Resources Element of the General Plan that City is 32 moving forward with. Willing to move forward with item, but would like response 33 -dealing with well drilling. 34 35 Vice Mayor Healy wondered how much staff time that would take and where it 36 would fit with list of priorities. 37 38 Motion to Adopt Reso. 2002-069 N.C.S. M/S Maguire/Cader-Thompson 39 40 AYES; Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, 41 Mayor Thompson, Torliatt 42 NOES: None 43 ABSENT: None 44 ABSTAIN; None Vol. 37, Page 378 May b, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Public Comment Geoff Cartwright, Petaluma RESO. 2002-070 fV.C.S. 2001-02 ON-CALL STREET REPAIR PROJECT Resolution Approving Plans and Specifications Prepared by the Department of Public Facilities and Services, and Awarding the Contract for the 2001-2002 On- Call Street Repair Project 9732 Phase IV for $241,144, The Project Involves Repairing Streets at Various Locations on an On-Call Basis. The Contractor will be Called In to Work Whenever Street Repairs are Needed that Cannot be Handled by City Crews, Estimated Project Cost; $360,000. Funded by $117,000 in Gas Tax Funds, $178,000 in Water Utility Funds, and $65,000 in Water Pollution Control Funds. Councilmember Torliatt - on list of reconstruction projects -section of Corona Road -concerned with safety of pedestrians, Mr, Evert -Reconstruct lanes in both directions, Could look at pedestrian walk area, Councilmember Torliatt -Make it wider? Mr. Evert -Limited funds -focusing on highest priority pavement repairs, Councilmember Torliatt would like staff to determine if three or four feet can be added on both sides. Mayor Thompson - Or at least one side, Councilmember Moynihan -white paper $8 million to maintain streets -wants to know what relation is between what we're doing inside the city and what we're doing with contractor. Meager start, drop in bucket, Mr. Evert -what work city crews vs, what are we contracting? Councilmember Moynihan -yes Mr. Evert -City crew worked on 80 locations. This project takes repairs one step further -more permanent repairs in areas where directors of PF&S and WRC feel need in most, May 6, 2002 Vol. 37, Page 379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Councilmember Moynihan -Was glad City using pothole repair equipment. Is this the full extent of contract for this fiscal year? Mr, Evert -Yes. Next year's budget will be $650,000. Councilmember Moynihan -This is contract to spend funds Councilmember Cader-Thompson - Will be glad to see Corona Road overcrossing improved -but isn't this a CalTrans responsibility? Why is City paying for this? City should have been working with CalTrans. Project should be part of widening of 101. City must be proactive, Mr. Evert -The roadway leading up to the overcrossing is not CalTrans' responsibility. Vice Mayor Healy -Noted that about 2/3 of the project funding was water utility funds. Mr. Evert -Water Resources & Conservation provided most of these locations as failures of pavement over their utilities. Motion to adopt Reso. 2002-070 N.C.S. M/S O'Brien/Maguire AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES: None ABSENT: None ABSTAIN; None RESO. 2002-071 N.C.S. GUALALA AND ALBION RIVERS Resolution of the Petaluma City Council Opposing The Export of Water From The Gualala and Albion Rivers to Southern California and Calling for Regulatory Agencies to Require Full Environmental Study of the Application from Alaska Water Exports. Councilmember Moynihan - Thought a resolution on this item outside Council's scope. He has seen no information on it. "Why should we be sticking our noses in this one?"" Would like to drop, Vice Mayor Healy -Had asked to have this added. Modeled on resolution of the Sonoma County Board of Supervisors, Germane because of SCWA issues -the salmon coming out of these two rivers are in the same region -any degradation Vol. 37, Page 380 May b, 2002 1 to those rivers will hurt Petaluma. Second, tourism money -something on 2 Gualala River 3 4 Motion to adopt Reso. 2002-071 N.C.S. M/S Healy/Torliatt 5 6 AYES; Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, 7 Mayor Thompson, Torliatt 8 NOES: None 9 ABSENT: None 10 ABSTAIN: Moynihan 11 12 RESO. 2002-072 N.C.S. 13 SOIVOMA-MARIN FAIR LAW ENFORCEMENT CONTRACT 14 15 Resolution Awarding the Sonoma-Mann Fair Law Enforcement Contract to the 16 Petaluma Police Department in the Amount of $35,270.26 for Law Enforcement 17 Services June 19 -June 23, 2002 for the Annual Sonoma-Mann Fair, 18 19 Motion to adopt Reso. 2002-072 N.C,S. M/S Maguire/O'Brien 20 21 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, 22 Mayor Thompson, Torliatt 23 NOES: None 24 ABSENT: None 25 ABSTAIN: Moynihan 26 27 PUBLIC SERVICE CREDIT: PEACE CORPS OR AMERICORPS 28 29 Amendment to the Contract Between the California Public Employees' 30 Retirement System and the City of Petaluma to Provide Section 21023.5 Public 31 Service Credit for Peace Corps or Americorps: Volunteers In Service To America 32 (VISTA) Service for Local Miscellaneous Members. This Amendment Will Allow a 33 CaIPERS Member to Elect to Purchase up to Three Years of Service Credit for any 34 Volunteer Service in the Peace Corps or Americorps: VISTA. 35 36 City Attorney Rich Rudnansky had not seen the item, It should be reviewed by 37 labor lawyers, 38 39 Mayor Thompson -Should the item come back in a week? 40 41 Councilmember Moynihan -Would like to know how many employees would 42 benefit from this. 43 May 6, 2002 Vol. 37, Page 381 1 Human Resources Director Dennis Morris -Did not know. It is up to employee to 2 ask, 3 4 Councilmember Moynihan -Thought it would only benefit one employee. 5 6 City Manager Stouder -Asked to withdraw the item, 7 No action, 8 9 APPROVE AGENDA 10 11 Approval of Proposed Agenda for Council's Regular Meeting of May 20, 2002. 12 13 Councilmember Maguire -Asked is staff knew when Copeland Transit Mall was 14 coming back to Council. 15 16 Mr. Stouder - SPARC meeting this week -will check if there is time to put it on 17 next agenda. 18 19 Motion to approve proposed Agenda. M/S Maguire/O'Brien 20 21 AYES.: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, 22 Mayor Thompson, Torliatt 23 NOES: None 24 ABSENT: None 25 ABSTAIN; None 26 27 *** End Consent*** 28 29 30 31 MAYORS' & COUNCILMEMBERS' ASSOCIATION 32 33 Discussion and Possible Direction Regarding Inviting the Board of Supervisors to 34 Participate in the Mayors' & Councilmembers' Association. (Mayors' & 35 Councilmembers' Association to Discuss Ltem at Their May 9th General 36 Membership Meeting), 37 38 Geoff Cartwright, Petaluma, this is about having the Board of Supervisors in a 39 voting capacity on your Mayors' and Councilmembers' Association? Noted that 40 Santa Rosa is the "big gorilla on the block. "They have higher percentage of 41 representation from Board of Supervisors. Having the Board of Supervisors vote in 42 that association would only be advantageous to Santa Rosa. 43 44 Councilmember Maguire -Who brought this forward? Vol. 37, Page 382 May 6, 2002 1 2 Mr. Stouder -Thought it came up at a Mayors' and Councilmembers' meeting, 3 4 Councilmember Maguire -Did not remember that. 5 6 Mr. Stouder -Thought City got some correspondence about this. 7 8 Councilmember Maguire - Was opposed - because of population and 9 districting, Santa Rosa has a disproportionate representation. 10 11 Vice Mayor Healy -Didn't know if cities could allow them to vote. He was not in 12 favor in any case. Would be in favor giving the supervisors a standing invitation 13 to attend and share thoughts at Mayors' and Councilmembers' meetings. None 14 of the current supervisors has ever served on a City Council. He thought there 15 was no longer any "institutional empathy" on the Board of Supervisors, 16 17 Councilmember Torliatt -Wanted to encourage supervisors to pay their dues i 8 and be non-voting members. 19 20 Motion to Direct Mayor Thompson to announce at the May 9, 2002 General 21 Meeting of the Mayors' &Councilmembers' Association that the Petaluma City 22 Council does not support Inviting the Board of Supervisors to participate in the 23 Association on a voting basis; however, the Board should have an open 24 invitation to attend the meetings. M/S Maguire/Cader-Thompson. 25 26 AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, 27 Mayor Thompson, Torliatt 28 NOES; None 29 ABSENT: None 30 ABSTAIN: None 31 32 33 RECESS: 6:15 p.m. 34 35 36 37 7:00 PM -RECONVENE 38 PRESENT: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt 39 ABSENT: None 40 41 42 May b, 2002 Vol. 37, Page 383 1 PLEDGE OF ALLEGIANCE: Fire Chief Chris Albertson led Pledge of Allegiance. 2 3 iVIOMENT OF SILENCE 4 5 PUBLIC COIVIIViENT 6 7 Bill Donahue, Petaluma, Sandalwood Mobile Home Park, bring up to date. 8 Received packet of info about a week ago. $290 increase as of June 1. About 9 150 people impacted. According to City (Mobile Home Rent Stabilization) 10 ordinance, what happens next is arbitration. Only 50 seats available at 11 arbitration. Why exclude those who live in other parks and others in community 12 who support them? This is just "dirty pool."Can't even have those impacted show 13 up. Understands some residents can qualify for Department of Housing and 14 Urban Development (HUD) Section 8 benefits. Why are letters being put in 15 mailboxes -section 8 assistance (rental housing assistance)- Deborah Munster - 16 Sonoma County Community Development Commission 17 18 Councilmember Maguire -Explained the Section 8 program. 19 20 Edna IVlae Campanile, Petaluma, Sandalwood Park, referred to former Sonoma 21 County Supervisor has resigned botched up contract with Oracle and error in 22 judgment. This error will cost the taxpayer $41 million. Why bring it up? It is my 23 hope that we people of Sandalwood -City Counsel will attend -and all facts in 24 our case were disclosed, 25 26 Terence Garvey, Petaluma, at last meeting Council talked about a Hate Free 27 Community. We all meet people we dislike intensely, We need to go beyond 28 not hating - to looking for the good in people. 29 30 Hank Flum, Petaluma, in Argus-Courier last week, Councilmember Moynihan 31 wrote strident Letter to editor. Letter gave him impression that City administration 32 can't make responsible financial decision, and "cooked the books." Takes these 33 allegations seriously, but lacks insight or know-how to evaluate them. Mayor 34 and/or City Manager should publish a response to these claims. Should help him 35 decide if Councilmember Moynihan is local hero or lonely dissenter. 36 37 Rene Cardinaux, Petaluma, is neighbor uphill of Vasco Brazil's property. Mr. 38 Brazil's propensity for exaggeration and lawsuits well known. At last Council 39 meeting, Mr. Brazil produced undated pictures purportedly taken 10/25/01. One 40 was actually taken three years ago - a gopher hole. Mr. Cardinaux immediately 41 corrected the problem, Seepage from Mr. Cardinaux's check dam would have 42 to travel at least 100 feet through soil to reach Mr. Brazil's property. Mr. Brazil 43 speaks of concern for the environment, when it truth, he hopes to be Vol. 37, Page 384 May 6, 2002 1 compensated by the City, and manipulates issues to suit his slant, Invited 2 Council to visit his ranch, 3 4 Geoff Cartwright, Petaluma, showed photos of flooding in Petaluma 1982 and 5 1986. City's flooding problem won't get any better if we keep building in the 6 floodplain and displacing water. Referred to projects proposed in the floodplain. 7 8 COUNCIL COMMENTS, LIAISON REPORTS 9 10 Councilmember Maguire: 11 12 • Would like Mayor Thompson to respond to Councilmember Moynihan's letter 13 to the Argus-Courier. 14 15 Councilmember O'Brien: 16 17 • Agreed with Councilmember Maguire -six Councilmembers are more than 18 satisfied with City Manager's explanation of finances. 19 • When talking about Band E forgot to mention Becky and her group in 20 Broadway Babies. 21 • Noted Jan Tolbert, Administrative Secretary in Community Development 22 Department is leaving City employment. Wished her well in her new job -she 23 had been asset to the department. 24 • Attended Fire Department Promotion Ceremony on Saturday, April 28 and 25 was very impressed with sense of family and the welcome they gave him, 26 27 Councilmember Torliatt: 28 29 • Council received letters from attorney representing Magnolia Park regarding 30 actions Planning Commission took at their meeting. If there were issues that 31 the Commission did not deal with thoroughly, they should be reagendized for 32 another Planning Commission meeting, and staff should provide Commission 33 with information they need to make their position clear. 34 • Thanked General Plan Administrator Pam Tuff and the Teen Council for 35 hosting a Teen General Plan Workshop - 150 teens participated. Hopes more 36 will speak up about their vision of Petaluma in the future. Much of what they 37 said she supports and thinks Council supports, 38 39 Councilmember Cader-Thompson: 40 41 • Asked to adjourn meeting in honor of Edna Newman, long-time community 42 member. Regarding limit to 50 seats at arbitration -too bad it couldn't be 43 held in another venue. 44 • Was judge at Sunday's Chili Cook-Off, Money will go to Cinnabar Theater. May b, 2002 Vol, 37, Page 385 1 • Supports Councilmember Maguire's comment regarding responding to 2 Councilmember Moynihan's letter because it contained false information 3 and the public has right to know the truth. 4 • Trader Joe's is coming to former Apple Market venue. 5 • Will attend League of California Cities meeting in Sacramento next week. 6 Hopes many people from local governments will be there letting Sacramento 7 know cities' need to keep their money local. Not just Petaluma -all cities, 8 • Will contact Senator Dunn regarding his work on mobile home issues. 9 • Wanted Council to have a discussion on Agenda Bill 680 (Steinberg -Land 10 use; sales tax and property tax revenue allocation.) Cities shouldn't have to 11 depend on "big box" development. 12 13 Vice IVlayor Healy: 14 15 • Happy to discuss AB 680. Also long-term concern with "zoning for dollars." 16 • Also discuss bill to merge MTC with ABAG. Senate Bill 1243 (Torlakson - 17 Metropolitan Transportation Commission; ABAG). 18 • Encouraged public to read nine-page overview of City's financial condition 19 at front of preliminary FY 2002-2003 budget. 20 • Also went to Fire Department promotion ceremony -impressed with morale. 21 • Attended Friday p.m. opening of the new tutoring center at COTS named in 22 honor of Patty Hilligoss. 23 • Knows Sandalwood residents are very nervous -this is the way the process is 24 designed to work -they have some very good points to make. Good luck, 25 26 Councilmember Mloynihan: 27 28 • Thanked those who took the time to e-mail, write, or phone in support of his 29 May 1, 2002 letter to editor in the Argus-Courier. Suggested Council would 30 benefit from a very public conversation about some issues he raised in letter. 31 It's OK to disagree - it's a matter of how you handle the discussion. 32 • Congratulated Finance Director Bill Thomas on getting preliminary budget 33 out. Bottom line -will we fix streets? 34 35 IVlayor Thompson: 36 37 • Will miss Jan Tolbert -has been working with her 18 years. She has taken a 38 position in Ukiah - closer to where she lives -north of Cloverdale. 39 • Received letter April 25, 2002 from Army Corps of Engineers regarding 40 reimbursement to City of monies spent on the flood project. City should 41 receive check soon. Tenacity of City Manager Fred Stouder, Water 42 Resources & Conservation Director Tom Hargis, and Director of Economic 43 Development and Redevelopment Paul Marangella, and various 44 Councilmembers, etc. has paid off. Vol. 37, Page 386 May b, 2002 1 • Schedule for May and June -budget hearings - if people cannot make these 2 dates, advise City Manager's office tomorrow. 3 4 CITY MANAGER COMMENTS 5 6 City Manager Stouder: 7 8 • Reminded Council that his office needs to know if they have scheduling 9 conflicts with any upcoming meeting dates. 10 • Noted preliminary FY 2002-2003 budget received by Council. Third year in a 11 row Council has opportunity to approve before end of fiscal year. 12 • In spite of economic uncertainty, City probably in best financial condition in 13 years. 14 15 16 AGENDA CHANGES, ADDITIONS, AND DELETIONS 17 18 The following items were continued to a date uncertain: 19 20 PUBLIC HEARING 21 ROCKRIDGE POINTE APPEAL (Continued from March 4, 2002) 22 23 Continued Public Hearing (From March 4, 2002 Meeting) on Appeal of a 24 Decision of the Planning Commission Denying an Application for Rockridge 25 Pointe to Prezone a Property to Planned Unit Development (P.U.D.), to Annex to 26 the City of Petaluma, and to Subdivide a 123 Acre Parcel at Western Avenue 27 and Windsor Drive into 62 Residential Lots. (APN 020-030-037, 039, 013, 015). 28 29 PUBLIC HEARING 30 VACATE AND ABANDON FISHER DRIVE 31 32 Resolution Approving Request by RNM Lakeville, L.P. to Vacate and Abandon 33 Fisher Drive Between Cader Lane and South McDowell Boulevard. 34 35 36 PROCLAMATIONS 37 38 • Bike to Work Week 39 Councilmember Torliatt accepted the proclamation. She is Council 40 representative on Pedestrian and Bicycle Advisory Committee. Committee 41 appreciates Council's support of .Bike to Work Week. On Sunday, May 12, 9:00 42 a.m. at Walnut Park -bike checks, music, and food. Bicycling organizations and 43 shops represented.. Thursday, May 16 is Bike to Work Day. 44 May 6, 2002 Vol. 37, Page 387 1 • Volunteer Recognition Awards by HC2 2 Family Practice Clinic -backbone is volunteered service -Damon, Carolyn, Jane 3 every Wednesday at 6:OO p,m. first come, first served. 1301 Southpoint Boulevard 4 -sign outside says ,Free Clinic, 5 Petaluma Health Center also has added mental health and dental care -dental 6 care located behind Mervyn's. Full-time dentist there four days a week. Five 7 mental health practitioners. 8 9 10 PUBLIC HEARING 11 ORDINANCE 2131 N.C.S. 12 FIREWORKS AMENDMENTS 13 14 Introduction of Ordinance 2131 N.C.S. Adopting Fireworks Amendments to the 15 1998 California Fire Code. 16 17 Fire Marshal Mike Ginn reviewed the discussion at the April 15, 2002 Council 18 Meeting. This item brought forward separately because it is an ordinance and 19 requires a public hearing. Sonoma County cities are attempting to establish 20 consistent fireworks legislation, 21 22 Councilmember Maguire asked if ordinance included requirement to pick up 23 spent fireworks. 24 25 Mr. Ginn -Does not, but can produce language with help of City Attorney. Very 26 High Fire Hazard Severity Zones - in response to Oakland Hills fire, areas have to 27 designate these zones in order to receive mutual aid from Division of Forestry 28 without cost to City, and allows City to establish some construction requirements 29 -building materials to reduce chance of fire. These areas intermixed with grassy 30 areas. 31 32 Councilmember Torliatt -Hopes Argus-Courier can print map. 33 34 Mayor Thompson -Spoke to someone at the Argus-Courier today -they will print 35 map. 36 37 Councilmember Torliatt - Be sure public is aware of hours. 38 39 Mr. Ginn - If Council approves zone, will send letter to all property owners in 40 zone. 41 42 Vice Mayor Healy - Is established criteria being used in determining which areas 43 are very high risk? 44 Vol. 37, Page 388 May b, 2002 1 Mr. Ginn -Done back in 1992 and not changed. 2 3 Vice Mayor Healy -Asking to introduce tonight. Concerned that public will be 4 getting first look at map. Will probably support it but public has not had chance 5 to weigh in. With respect to park issue - is that primarily a litter concern, damage 6 to parks, or fire danger concern? 7 8 .Parks and Recreation Director Jim Carr -Concerns include debris, fire dangers, 9 danger of people setting off fireworks with others nearby -people using fireworks 10 are not necessarily "safe and sane. " 11 12 Vice Mayor Healy - Is it necessary to ban sparklers in park because some people 13 use illegal fireworks? 14 15 Councilmember Cader-Thompson -Thanked Mr. Ginn for work. 16 17 Gerald Moore, Petaluma, his neighborhood "sounds like a war zone" on the 4tn. 18 Biggest concern fire. No such thing as a real "safe and sane firework. "Thinks 19 eventually there will be a hot, windy 4th of July, and there will be a big fire. City 20 will be sued. Thinks City should ban all fireworks. Vast majority of cities in U.S. 21 have done that, 22 23 Brian Petro, Petro Family Fireworks, Petaluma. His family has been selling fireworks 24 in Petaluma for 32 years. Supports Fire Marshal's work. Addressed difference 25 between "safe and sane" and illegal: anything that flies or explodes is not "safe 26 and sane. " Item 6.11 A -one line that could be dropped: "limiting use of 27 fireworks to the days they are sold. " Did not think Petaluma's Fire Marshal's 28 recommendations jived with Santa Rosa amendment. Litter laws should be 29 enforced. "Hard to legislate for stupidity. 'Thought items 6.11 B and C were a de 30 facto ban of fireworks. Thinks very high fire hazard language should be put in 31 zoning ordinance. Understands value of consistency but "Petaluma is its own 32 city. " "This is about the fact that it's politically dangerous to ban fireworks 33 outright, so the Santa Rosa Fire Chief has decided it's smarter to nibble away... " 34 35 Dennis Revell, Revell Communications on behalf of American Promotional 36 Events, Sacramento, His company provides fireworks to stands. Petaluma one of 37 few cities that still permit for-profit fireworks booths. Draft Santa Rosa ordinance 38 will be heard tomorrow night, Tuesday, May 7. He wrote 95% of Santa Rosa's 39 document. It includes limitations on hours/places of discharge, No more late 40 night, early morning discharge, Ten feet from any structure because law says 41 fireworks are only supposed to perform in an under-10 foot area.. Age of sale 42 raised to 18. Can apply for permit with City for special event -through the Fire 43 Department. Recommends giving those living in very high hazard zone a place 44 to use fireworks. May 6, 2002 Vol. 37, Page 389 1 2 Cheryl Petro LaSalle, Petro Family Fireworks. Her family does a preview show for 3 distributors, and a July 5th neighborhood show. Would these two events now be 4 prohibited? 5 6 Vice Mayor Healy -very good public input, For Council's consideration, minor 7 wordsmithing changes. Page 6 item D -all fireworks booths shall have map 8 posted of very high fire hazard severity zone. Page 5, line 10, add the words, 9 "and in addition, July Stn. " 10 11 Fire Chief Chris Albertson -Question of how to set them off safely to demonstrate 12 for vendors. Can talk about permit before that. He recommends that as of July 13 4th at midnight, fireworks over, 14 15 Vice Mayor Hedly -What are limits on days you can use fireworks currently? 16 17 Mr. Ginn - No limits, 18 19 Vice Mayor Healy -We're going from 365 days to 7? If people have fireworks leff 20 over on July 5th, they should be encouraged to use them up and "get them out 21 of their systems. " 22 23 Mayor Thompson -Disagreed - is so tired of fireworks by the end of July 4th, 24 absolutely doesn't want to hear them on the 5th. 25 26 Councilmember O'Brien -Has to give his dog a "doggie downer." Asked if 27 someone applied for a fireworks permit for July 5th, would it be automatically 28 granted? Thought someone who's had a July 5th party for thirty years would be 29 responsible about it. 30 31 Mr. Ginn -Open for discussion, Enforcement teams only available on fourth. 32 33 Vice Mayor Healy -Page 5, Fine 28 "streets and sidewalks" -add the words, 34 "except those parks that may be designated for Safe and Sane Fireworks by the 35 City of Petaluma. " 36 37 Councilmember Moynihan -Lives in the restricted area. Thinks if fireworks to be 38 banned in portion of City, should be banned in entire City. Suggestion of 39 allowing fireworks in a designated park a good one. Thinks fireworks should be 40 permitted on New Year's Day and Chinese New Year and for other appropriate 41 cultural events. 42 43 IVlotion to introduce Ordinance 2131 N.C.S. with the following amendments: 44 Vol. 37, Page 390 May 6, 2002 1 • Page 5, line 28 "streets and sidewalks" -add the words, "except those parks 2 that may be designated for Safe and Sane Fireworks by the City of 3 Petaluma. " 4 • Language added that requires those using fireworks to clean up all resulting 5 debris. 6 • Language added that map of restricted area will be posted at all fireworks 7 booths, 8 9 10 M/S Maguire/Cader-Thompson, 11 12 13 AYES; Cader-Thompson, Vice Mayor Healy, Maguire, O'Brien, 14 Mayor Thompson, Torliatt 15 NOES: Moynihan 16 ABSENT; None 17 ABSTAIN: None 18 19 20 SCWA REVISED WATER POLICY STATEIVIEIVT 2002 21 22 Discussion and Possible Direction Regarding "Sonoma County Water Agency's 23 Revised Water Policy Statement 2002" in Response to Request from the Members 24 of the Sonoma County Water Agency Water Advisory Committee (WAC), 25 26 Mayor and Council thanked Director of Water Resources and Conservation Tom 27 Hargis for his efforts toward obtaining reimbursement for the Army Corps flood 28 project. 29 30 Bill Keene, Sonoma County Water Agency, Principal Environmental Specialist, 31 gave presentation on agency's draff Revised Water Policy Statement 2002. 32 Background Information. For more information, recommends web site: 33 www.scwa.ca.gov or he can be reached at 547 -1922. 34 35 Councilmember Torliaff -Has some updates on what happened at Water 36 Advisory Committee (WAC). Today's meeting, recommendation for a 37 subcommittee created at WAC to request SCWA postpone moving forward 38 with policy statement. Incorporate new Master Water Agreement plus the 39 General Plan because Sonoma County General Plan has Water Resources 40 Element -should be done end of July -fill in lot of framework. Trying to 41 coordinate water policy statement, county General Plan, and alternatives 42 report and biological assessment, Zone 2A has some comments regarding. 43 flood-control issues that have become part of policy statement. Asked how 44 many Councilmembers had received water policy draffed in 1991 -seven May 6, 2002 Vol. 37, Page 391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 pages -clean and concise. Interesting how new policy has had to deal with projects that SCWA has undertaken that were not part of policy. Groundwater, flooding, wastewater, water supply, recreation -the scope is ballooning, Councilmember Maguire -Asked Councilmember Torliatt is she was saying that the WAC was recommending that the new policy statement not be adopted until the Section 7 Biological Report is complete. Councilmember Torliatt -Yes -Also, coordinating with General Plan process would be prudent, Mr. Keene -Board at March 25 workshop directed SCWA to go forward with the County Planning Department. Mayor Thompson - If it was WAC's unanimous recommendation to wait until Section 7 report is in -would it not be prudent to postpone this discussion? Sonoma County Water Agency (SCWA) Director Randy Poole -Alternatives Report part of Section 7. Alternatives Report available August/September. Section 7 -Biological Assessment Report -not until end of 2002. Vice Mayor Healy -Asked Mr. Poole to comment on desire to hold off on this document until more information comes out of Section 7. Mr. Poole -Saw no problem with that. Councilmember Maguire -Though the policy was fairly well written, but it does not recognize the finite nature of resource. In order to make resource sustainable, SCWA must not just mitigate impacts, but heal and restore watershed. Mr, Poole -Agree, Problem is it is not just Russian River Basin. Councilmember Maguire -Don't see that codified in here. Mayor Thompson -Agrees with Councilmember Maguire on "heal and restore" concept. Thought the Section 7 report would contain a lot of "heal and restore" issues. Mr. Poole - We have a program at Warm Springs brood stock -Coho salmon - in many areas, we're down to almost no Coho. Will be regional conservation hatchery. Councilmember Maguire -Good -but that's a fix it affer you break it. Vol. 37, Page 392 May 6, 2002 1 2 Mr. Poole - If you want to have a moratorium, you should., 3 4 Councilmember Maguire -Did not see any mention of moratorium. Did see 5 mindset "we're going to keep doing it the way we've been doing it, "City may 6 have to change the way it does things - we are coming to the end of a finite 7 resource. 8 9 Mr, Poole -SCWA is not the "development police. "The City is. 10 11 Councilmember Maguire -Thought it "a little specious" to say it's not up to 12 SCWA to police these things. We all have an interrelated responsibility., 13 14 Councilmember Torliatt -Agreed with Councilmember Maguire -this is about 15 finite supply of water and how we can most wisely use it, no matter where it 16 comes from. City's Amendment 11 contractual obligation relates to water 17 supply only, not wastewater, etc. Water quality and quantity different. Water 18 quality needs to be addressed more clearly in this water policy statement, as 19 does City's fair share of cost of implementing this policy, which will be 20 substantial, The WAC is not the sole funding source in order to provide for all fo 21 these mitigations that are responsible for it. We have a water agency that sits as 22 board of supervisors. 23 24 Mr. Poole -Will be clear in Section 7 25 26 Councilmember Maguire - Do we want to try to establish consensus for response 27 or do we want to wait for Section 7? 28 29 Vice Mayor Healy - If Mr. Poole is saying SCWA is o,k, with waiting until 30 Alternatives Report comes out.. , 31 32 Mr, Poole -Confirmed. 33 34 Mayor Thompson -Thanked Randy Poole for his assistance with flood project. 35 Stood by when "nobody thought City would get anywhere on it, " 36 37 Stan Gold, Petaluma, went to Board of Supervisors meeting when the initial draft 38 water policy was submitted -four out of five supervisors were uncomfortable 39 with some aspect. Water is finite resource. SCWA has obligation to work with 40 customers to establish understanding of what is possible, He did not see any 41 wording reflecting that, 42 May 6, 2002 Vol. 37, Page 393 1 Councilmember Torliatt -There has not been a draff of policy statement since 2 the March 25th meeting. What is negotiated is an allotment and cap on what is 3 provided to each entity, Entity can do whatever they want with it, 4 5 Geoff Cartwright, Petaluma, statement very general, but it clearly indicates we 6 are bumping our heads on ceiling of water supply. Board did state that cities' 7 General Plans and development are placing the agency in a position of great 8 stress. The cities need to stop or check development. Building in the floodplain 9 results in a "double whammy. " Fiffeen percent of water taken out of pipes to 10 give to development, followed by costs of flooding. 11 12 Mr, Hargis - 4th workshop May 23, 7 p.m. on Margaret Todd Senior Center in 13 Novato -introduced two Board members. 14 15 16 ADJOURN: 17 18 The meeting was adjourned at 9;45 p.m. 19 20 21 22 E. Clark hompson, Mayor 23 24 25 ATTEST: 26 27 28 Claire Cooper, City Clerk o Tem 29 30 31 ****** 32