HomeMy WebLinkAboutCity Council Minutes 11/05/20011
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November 5, 2001
CITY OF PETALUMA, CALIFORNIA
MINUTES OF A: REGULAR
CITY COUNCIL. MEETING
MONDAY, NOVEMBER 5, 2001
Vol. 36, Page 479
ROLL CALL 2:00 P.M.
PRESENT: O'Brien, Healy, Torliatt, Vice Mayor Cader-Thompson,
Mayor Thompson, Maguire, Moynihan
ABSENT: None
PUBLIC COMMENT
David Moore, taxi driver, 2034 Caulfield Lane, was. arrested due to possession of
drugs in a vehicle. His chauffe:ur's license was taken away and he stated he would
submit to random chemical testing if he could get his license back.
Fred Stouder, C.ify .Manager, introduced incoming Fire Chief Chris Albertson along
with his wife Marilyn and daughter Aime; Chief Albertson comes to Petaluma from
Santa Barbara. He also thanked Chief Terry Krout for .his distinguished career and
the professionalism he has provided to the City during his 27 years of service. Chief
Krout presented Chief Albertson with his badge.
Rick King, Firefighter, thanked Chief Krout for his service and welcomed Chief
Albertson. He also ffaanked Mr. Stouder for allowing those in the department to
participate in the recruitment process.
Councilmember Moynihan:
COUNCIL COMMENT
® On November 14t", the Hate Crime Prevention Network is sponsoring a local
Community Action Committee meeting at the Petaluma Community Center from
7 - 8 p.m. in response to the September 11t" attacks.
® Regarding the Grant Flowage Easement, which is the .result of litigation between
some of the residents in the Payran area, the City -and the developers, he
thought. that: in order to avoid similar situations in the future, the City Attorney
should investigate the possibility of requiring such easements prior to giving
entitlements.
® He received a copy of a resolution from the City of Rohnert Park stating their
Council's policy on Confidentiality of Closed Sessions. He would like to
incorporate this into the Rules and Procedures of the Council for Petaluma.
Vol. 36, Page 480
November 5, 200,1
1 COUNCIL,COMMENT, continued
2 '
3 Councilmernber Torliatt:
4
5 v Announced that the Friday Night Film: Series showed Christo's Running Fence:
6 The series has moved to.136 Kentucky Street for the next three to four months.
7 • Noted that the City received the money it had applied for in order to purchase the
8 Grange property located. on Industrial Drive.
9 ® Participated last, Friday night with EI Dia de Los Muertos celebration at St.
10 Vincent's Church.
Councilmember Healy:
a Would like to schedule a time when. staff from the County Elections Department
could speak to G_ouncil regarding 'improvements to their voting m'ethoda,. in light
of the Florida recount.
PROCLAMATIONS
Second Annuah .North 'Bay CyberCity Symposium, November 14., 20.01 as
CyberCity Roundtable. Bill Hammerman accepted the proclamation and invited 'th'e
Council; to attend the Symposium as ,his guest.
Comrne,ndations; for Bravery went to ,Police- Officers Matt North, ,Matt, Stapleton,
Danny Miller and 'Patricia Neri. On October.23, 2001, Pefaluma ,police responded to
a call ofi shots being fired.. Officer Neri was shot in the face by one of the suspects;
and Officer Miller injured his ankle..Both .officers are recovering.
MINUTES:
The Minutes of September 24t" were approved as a .mended:
Page 4, Line 44, add, "She was assured that the infrastrucfure would be put in place
prior to the street being consfructed."
Page 6,, Line 35, Approval of Proposed Agenda. ,.Change vote, to ,read "N,QES:
Torliaft; Cader-Thompson."
Page 14, Line 22,, change.,, "Falls Creek" to "False. Greek"
Page 15:, Line 43,should .read, "She suggested that a person like .:Housing
Administrator Bonne Gaebler be assigned to create a.program."
Page 23, Line 1~8, ad'd, "Councilmember Torliatt 'agreed with Mr. Broad on. his ,point
about ,'the scale and size, of the residence that was being considered:. She ,had
November 5, 2001 Vol. 36, Page 481
1 spoken with some SPARC members about the design of the home and it probably
2 could use more work. "
3
4 The-minutes of October 1, 2001, were approved as amended:
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6 Page 5, Line '26; change, `Bio-Diesel not Available in California" to "Bio-Diesel
7 Available in California.
8
9 Page 10, Line 19,, change "of"to "or."
10
11 Page 17, Line7, add, "Councilmember Torliatt asked if Council had received the 300
12 pages of the staff report; and the answer from staff was no~ She asked how the
13 Council could make a decision tonight without the information to make a decision,
14 particularly the Traffic Study."
15
16 Page 31, Line 7, change to reflect that Councilmember Torliatt requested that if a
17 motion was :made she would. Tike, to follow the motion with another motion asking
1$ that the Kerilvvorth Pedestrian crossing be placed in its current location; and failing
19 that; ~to replace it with something else at the best possible location. Councilmember
20 Healy had made the motion to ask the Council to send a letter to SCTA, and then
21 another motion was. made by Torliatt and seconded by Councilmember Maguire.
22
23 Motion made by Councilmember Moynihan, seconded by Councilmember Maguire
24 to approve the minutes as amended.
25
26 AYES: O'Brien, Healy,; Torliatt, Maguire, Moynihan,
27 Vice Mayor Cader-Thompson, Mayor Thompson.
28 ~ NOES: .None
29 AB_ SENT: None
30
31 - ~ CONSENT CALENDAR
32
33 The following .items were enacted in one motion made by Councilmember Healy,
34 seconded by IVlagui,re:
3'S
36 AYES: O'Brien, Healy;;Torliatt, Maguire, Moynihan,
37 `Vice.Mayor Cader-Thompson, Mayor Thompson.
38 ° ` NOES: None
39 _ ABSENT: None
40 _
41 ~ ORD. 21;1.2 NCS
42 SENIOR APARTMENT COMPLEX
43
44 Adopt Ordinance 2,11`2 N,CS, Rezoning, a 0.84 acre Senior .Apartment Complex on
45 Douglas Street from Administrative and Professional Office to Planned Unit District.
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Vof. -36, Page 482 November 5, 2001
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RESO.2001-187 NCS
HOME+ P ROG'R~AM
Resolution 20,01=1:87'NCS Authorizing ~submiftal. ofi two applications to the California,
Department of Housing. and Community Development for-funding under the HOME
Program #or the downtown Riverfront Apartments a_nd Douglas Str..eef Senior
Apartments.
RESO.2001'-1$8 ;NCS
RESCUE TRUCK UNIT' 9335
Resolution 2001-1'88: NCS Authorize declaring a 1::9:88 Rescue Trucle Unit 9335
surplus, equipment and disposal of same:. .
RESO., 2001-189" IVCS
2002 .CARG:O VAN
Resolution 2Q01-1 $9 NCS Authorizing Purchase of a 2002 Ford E150 :Cargo Van
from Melrose Ford in the Amount of $20,728.2$. -
RESO'. 2001-190 NCS_
YOUTH CO'IVIMISSION RESIGNATION
Resolution 2001-190 .NCS Accepting the resignation of Alan Anspach from the
Youth Commission.
RESO. 2001-191 'fVCS;
APROINT FIRE C,HfEF'
Resolution 2001-191 NCS Appointing Chris Albertson, as Petaluma's new-Fire
Chief.
RESO., 2001-1;92 NCS
CALIFORNIA.U,RBAN'W~ATER CONSERVATION
Resolution.2001-192 NCS Authorizing the; City Manager to _ign the California Urban
Water Conservation Council's Memorandum of Undersfanding r..egarding Urban
UVater `Conservation in California.
***** End, Consent Calendar *****
November 5; 2001 Vol. 36, Page 483
1 ORD. 2123 NCS
2 TRADITIONS° SUBDIVISION
3
4 Adopt Ordinance 2123 ..NCS Rezoning Two Parcels from. Agricultural to Planned
5 Unit District. Assessors Parcel Numbers 137-061.-104 & 137-0;61-018, also Known
6 as Parcel 1 on Parcel Map 333. Introduced by ;Councilmember Moynihan,
7 seconded by Councilmember Maguire.
8 .
9 AYES: .O'Brien, Healy, Torliatt, Maguire, Moyriihan,
10 'Vice Mayor Caller-Thompson, Mayor Thompson.
11 NOES: None
12 ABSENT: None
13
14 PAYR~4N FLOOD MANAGEMENT PROJECT .
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16 City Manager Stouder reported that we are proceeding.. with the number that. the
17 Army Corps agreed. upon, and that was submitted to the Office of Management and
18 Budget, Congress and the two Senators and Congresswoman signed off on it in
19 January 200.1., V11e subiracfed the new number that we received, the $7 million. The
20 number in the letters from the two Senators and the Congresswoman last January
21 to everyone said $15.6 million: Seven million minus $15..6 is $8.6. V1/e are working
22 towards a .meeting with the Colonel andthe-appropriate supporting people in the
23 San Francisco District office so we can be sure we have a number that the Army
24 Corp agrees upon for all the construction'sand the remainder next construction year
25 and hopefully not but maybe the following construction year to complete the project.
26 That will be 'the request in the FY 2002-2003 budget,, which is ordinarily would be
27 submitted to Congress or OMB. Congress has~~other challenges,'which allows us to
28 get the right number (is it $8.6) to the Federal Office: of Management Budget so we
29 can have that number in'the Presidents.budget: If it's in the President's budget it will
30 be a lot easier and we may in fact neyer~ 'need. to get on another .airplane.. The
31 legislative strategy will be clearer in the .next 30 to 45 days so the Army Corps. of
32 Engineers and we can have ;a letter that reinforces what ~~should be in the
33 President's Executive budget $8.6 and then we won't have :quite 'the efforts we've
34 had to make in the last two years: The cost could differ somewhat if the Railroad
35' Bridge alternative and the Spur Line become an issue.
36
37 Councilmember Moynihan would like an update of the CI'P Budget.
38
39' Tom Hargis,., Water Resource & Conservation .Director, added that ttie Army Corps
40 and the contractor received their permits _ from the Golden Gate `Bridge District,
41 which allows them to start construction. Mr. Hargis presented Mr. 'Stouder with a t-
42 shirt- that read "Fred Went to D.C. And All We Brought 'Petaluma was 10..1 Million
43 Dollars:" .
44 `
45 Mayor T.h~ompson thanked Paul Marangella, Tom Hargis and Fred Stouder for all
46 their hard work in securing the funds for the Payran Flood Project.
47
Vol. 36;, Page 484
November 5; 2001
1 RESO: 2007-1:93. N.CS
2 COMPENSATION ;PLAN PUBLIC SAFETY DIRECTORS
3
4 Resolution 200.1-Y93 NCS; Approving . Cornpensation Plan for Pubiie Safety
5 Directors. Councilrnmember, Healy felt it was,importantto note that the factors that°are
6 listed in thee. staff report maKing this appropriate; housing prices in Retaluma; the
7 need to encourage a diverse pool of .candidates retention and recruitment issues
8 apply not. only to the Department Head.. positions, b.ut throughout .the organization.
9 These issues will be brought up •when the ,Living; Wage proposal `is addressed:
10 Moved by C.ouncilmember Healy, seconded; by Gouncilmember O'Brien:.
11
1'2 AYES: O'Brien,. Healy, Torliatf, Maguire,. Mgyn;ihan,
13 Vice Mayor Cader-Thompson, Mayor Thompson.
14 NOES: None.
15 ABSENT: None .
16
17 TENTATIVE AGENDA IVOVEMBER.19, 2001
18
19 Start meeting at 2;:OQ p..m:
20
21 .Remove Sprint: Appeal
22 _
23 Discussion on impacts on the~Central Petaluma Specific Plan of the extended Zero
24 Net Fill•Ordinance:and on~the Eden'Housing Apartment project: How is the City
25 dealing with the issue of flooding in the E1R process for the `Central Petaluma
26 Specific'Plan? .
27
_ u
28 Moved by Co.uncilmember Maguire:, seconded by O'Briien.
29
30 AYES: O'Br_ien, .Healy, Torliaft, Maguire., Moynihan,.
31 'Vice Mayor Cade-Thompson, Mayoc`Thompson.
32 NOES: -None
33 ABSENT:-None
34 ~ . .
35 ADOBE C.RE€K WEIR A-ND DIVERSION CHANNEL
Approve: Request from. Mandel; LLC to Modify the Language in. Paragraph 3 of the
Adobe Creek Weir and Diversion Channel ,Agr>eemerit Between the City of Petaluma
and: Mandel, LLC Pertaining to the Withholding of Certificates of Occupancy in the
Cross Creek: Subdivision.
42 Community Development Direcior Mike Moore stated that, he has made: contact with
43 the Department of State ~ Par,ks regarding the channel improvements 1N'e Have
44 received a_commitment from the Department of State Parks 'who will issue the city a
45 permit. to have access to the property -to do the work once ;a .plane. 'is cornpteted.
46 Based on siabsequent>,meetings with all representatives, it is staff's recommendation
47 that:the Council agree to release:all',the Certificate of Occupancy for Gross Creek as
48 .. <.
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November 5, '2001
Vol. 36, Page 485
ADOBE. CREEK WEIR AND DIVERSION CHANNEL, continued
we have assurances that the Department of State Parks will ;give the City a Right of
Access Permit when there is an approved plan for the work in the creek channel.
Councilmember Torliatf asked if this permit. would .give, the City ongoing access to
maintain the creek channel.
Mr. Moore stated` that,. if it was necessary to get on their property to do any
maintenance, they will issue the City another Right of Access Permit. Each permit
would be specific to what work, needs to be done.
Councilmember Moynihan made a motion to release the remainder of Certificates
of Occupancy for Cross CreeK Subdivision, seconded by Councilmember Maguire.
AYES: O'Brien, Healy, Torliatt, Maguire, Moynihan,
Mayor Thompson. ,
NOES: Vice Mayor Caller-Thompson
ABSENT: None
LIAFSON REPORTS
Councilmember Torliatt gave Council a report.. on the Water Advisory Committee
meeting. There was. 61,000 acre, feet used in the County: The Water Agency has a
permit for 76;OOb acre-feet, to be distributed. All of the actual peak period; the
averages were extremely low this year and the :average peak was 81 million gallons
per day.
The criteria, and. guidelines for the local .supply/,recycled water/tier two Water
Conservation Programs =and the, subcommittee was recommending to increase -the
current.. program funding ..level of $13 million up to $20 million. One of the issues
discussed was a separate aecounfirg procedure. for these funds so the funds are
not used for normal operation and maintenance at the Water Agency.
The Water Agency has continued to say that we're supposed to pint this,,money in or
we can put this money in, :but we basically relinquish control if we don't .use. !the
money by the end of the year .and then, it rolls into an ending balance for=the O&M
Fund. Many committee members have. stated that they would like to see a separate
accounting for this to make sure that these funds are actually being spent on
conservation and recycled water projects.
She abstained from vofirig to approve this today because she wanted to bring it to
the Council. to get the C:ounciPs recornrnendation whether or not we would want to
participate in increasing ahe amount and if we would want to request that there is a
separate accounting for these funds, because when the 1Nater .Agency came to: `the
Council they specifically said this 4% increase that we were setting aside-would be
Vol. 36; Page 486
Nouember 5; 2001
LIAISON REPORTS, continued
3 for Wafer Conservation and now it doesn't look as tho,u,gh. we :.actually. ;have the
4 100% fotaf control over making those. be Water Conservation dollars:
6 The next public input session on .the new Masfer Agreement is 'Decemb.er 6, 2001 gat
7 the Sonoma. Veterans Building from 7-9 p.m. when we will be looking at Integrated
8 Water Resource- Management, Plan.. People can also go to the Wafer Agency Web
9 :Site under www,scwa,:gov and click :on V1LAC and .get additional. 'information
10 regarding the responses to the firsf public input session. You .can. also make _any
1.1 comments that yo.u'would like: to see looked info in the: future public input meetings.
12 The third.. public input meeting will be in Petaluma, tentative dateFebruary 28,.2002.
13 Hopefully ,there will be information: regarding. Ul/ater Shed Management .Plan.
14
15 PUBLIC COMMENT
16
17 There was no one wishing to.speak. .
18
19 ADJOURN'TO CLOSED SESSION 3:10 p:m.
20
21 Mayor Thompson announced that Council would adjourn to Closed ,Session for the
22 following:
23 ... '
24 • CONFERENCE 'WITH REAL PROPERTY NEGOTIATOR PUCSUant t0 GOVet`Ilment
25 C.odez ,§ 54956::8. Property: 4-1.40 ,Lakeville: Highway (APN's 01'7-170-002
26 and 068-D10-026), Formerly Known as the Gray I'roperfy. Negotiating Rarty,
27 Frederick Stoud`er. Under Negotiation: Price; Terms or Payment, or Both.
2.8 • CONFERENCE. 'WITH. LEGAL COUNSEL - EXIStIng Litigation ,Pursuant 'to
29 Government Code Section: 54956.9 :(a)!; .City of Petaluma vs. Moynihan,..
3.0 Sonoma County Superior Court Case No. 228276.
31 •: PUBLIC' EMPLOYEE PERFORMANCE_EVALUAT,ION, 'CiOVerrlme`nf Code SectlOn 549,5:7.
32 Title: City'Manager'.
33 • CONFERENCE WITH. LABOR NEGOTIATOR„ Government COde $eCtlOn 54:957.6 -
34 Agency Negotiator.: City.Attorney. Unrepresented. Employee:: City Manager
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36 'EVENING SES.SLON CANCELLED
37
3'8 The evening session of~`the Gity Council meeting was cancelle:d:
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42 .Clark Thompson, Mayor
43 ATTEST:
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46 Paulette Lyon, Interim Cit lerk