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HomeMy WebLinkAboutCity Council Minutes 05/01/2000May 1, 2000 Vol. 34, Page 439 1 2 City of Petaluma, California 3 Minutes of a Regular 4 City Council Meeting 5 6 7 Monday, .May 1, 2000 g Council Chambers 9 10 11 The Petaluma City Council met on this date at 3:30 P.M. in the Council Chambers. 12 13 ROLL CALL 14 15 PRESENT: ~~ Council Members Healy, Keller, Maguire; Vice Mayor Torliatt 16 17 ABSENT: Council Members Cader-Thompson, Hamilton; Mayor Thompson 18 19 20 PUBLIC COMMENT 21 22 Lynn Haggerty King, 835 6th Street, McNear Elementary Site Council, presented a 23 petition signed by 300 +/- persons and spoke regarding her concerns about the safety of 24 the .children where McNear Elementary School intersects with Sunnyslope and asked 25 that an arterial stop sign be added. 26 27 Vice Mayor Torliatt recommended that Ms. King and Ms. Eckhardt contact Mike Evert in 28 the Public Facilities and Services Department to address their concerns, and keep in 29 touch with Council Member Gader-Thompson, liaison with that department. From there, 30' it will go back to the Council for action. 31 32 COUNCIL COMMENT 33 34 Council Member Keller requested a Special Meeting of the Council take place next 35 Monday, May 8, and that the General Plan Amendments to Sonoma County 36 Transportation Plan and Sonoma County Transportation Authority issues be scheduled 37 for discussion and possible action on the agenda. 38 39 Council Member Maguire supported that suggestion. 40 41 City Manager Fred Stouder indicated that he was not sure that all Council Members 42 were in agreement to have a Special Meeting on Monday, May 8, 2000. 43 44 Council Member Maguire advised he had called Mike Kerns' office and asked for a more 45 reasonable amount of time. 46 Vol. 34, Page 440 May 1, 2000 1 Council Member Keller responded that Mr. Kerns returned his called and advised.. that 2 Council has the time needed. 3 4 Vice Mayor Torliatt asked the City Manger fo contact ,all Council Members to see if a 5 Special. Meeting on Monday, May 8, 2000 would be attended to discuss transportation 6 issues and General Plan. 7 8 AGENDA CHANGES, ADDITIONS, AND DELETIONS 9 10 Continued to the evening ession as New Business. Council Member Maguire 11 recused himself as he .had a conflict of inferest created ~y the location of his 12 personal residence -there was no quorum: 13 14 8. Resolution Accepting Completion of the East ®Street:.Sidewalk 15 Replacement Project, Phase" 1, Contractor: Ghilotti Brothers Construction: Total 16 Cost. of Project: $56,731.00 {Moore/Johnson) 17 18 Continued#o evening session: 19 20 10. Resolution Awarding Contracts fora Landscape Maintenance in Landscape 21 Assessment District'Areas 1 and 2 to North. Bay Landscape Management.and 22 Area 3 to Nessco. Rejection of Bids for Landscape Medians, Area 4. 23 (Carr/Anchordoguy) . 24 25 Removed and continued to a date uncertain: 26 27 12. Resolution. Authorizing North Bay Construction as a Sole. Source Bidder, to 28 Provide Grading and Drainage at the Lucchesi Park-Soccer Field at a Cost of 29 $180,016, in Preparation for the installation of a Synthetic Soccer Field Surface: 30 (Carr) 31 32 13. Ridgeview Heights Subdivision: 33 a. Resolution Adopting a Mitigated Negative Declaration. 34 b. Resolution Approving the Tentative Subdivision Map ,and PUD 35 Deve opment Standards (continued from April 1'7, 2000). (Grunt/Moore) 36 37 APPROVAL OF' MINUTES. 38 39 MOTION: Council Member Healy moved, seconded by Keller,. to approve the 40 minutes of the October 2, 1999, February 24, 2000 and April 5, 2000 41 meetings, with the following correction: 42 43 .April 5, 2000, page 22, Firefighters .Local 415, state for the record that.. the 44 Council could meet with the firefighters individually. 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 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 45 46 May 1, 2000 Vol. 34, Page 441 MOTION PASSED: 4/0/3 (fader-Thompson, Hamilton, Thompson absent) as corrected. PROCLAMATIONS Vice Mayor Torliatt read each proclamation and presented them to the individuals as follows: Police Officer Memorial Week -Received by Police Chief Pat Parks Be, Kind to Animals Week - No one present to receive the proclamation Municipal Clerks' Week -Received by City Clerk Beverly Kline CONSENT CALENDAR 1. Resolution 00-74 N.C.S. Approving Claims and Bills (Cornyn) 2. Adopt Ordinance No. 2099 N.C.S. Implementing the Bicycle Plan (Second Reading) 3. Resolution 00-75 N.C.S. Accepting Completion of the 1999-2000 Sewer Main Rehabilitation Project, Project #9799, Phase 6. Contractor: Insituform Technologies, Inc. Final Project Cost: $268,000. (Evert) 4. Resolution 00-76 N.C.S. Authorizing the Purchase of Office Furniture for Establishment of the Department of Water Resources and Conservation. (Hargis) 5. Resolution 00-77 N.C.S. Authorizing the Use of Walnut Park. for the 2000 Petaluma Farmers Market Season. (Carr) 6. Resolution 00-78 N.C.S. Approving a Joint Use Agreement with the .Petaluma Swim Club for Use of the Petaluma Swim Center During the 2000 Swim Season (Carr) 7. Resolution 00-79 N.C.S. Authorizing Free Use of the Petaluma Community Center by Project Graduation of Casa Grande High School. (Carr) 9. Resolution 00-80 N_C.S. Authorizing the Purchase of NEC LS 21 Live Scan Fingerprint System from NEC in the Amount of $38,205.00 MOTION: Council Member Maguire moved, seconded by Healy, to adopt Consent Calendar items 1, 2, 3, 4, 5, 6, 7, and 9. MOTION 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 3.8 39 40 41 42 43 44 45 46 Vol. 34, Page 442 May 1, 2000 PASSED: 4/0/3 (Caller=Thompson, Hamilton, Thompson absent) 11. Resolution 00-81 N.C.S. Awarding Bid to Install Athletic Field Lights-at "prince Park'to United Utilities, Inc., for $180,750. (Carr) Vice Mayor Torliatt requested a time line for the project. Parks and Recreation director Jim Carr stated that as soon as the contract was awarded, the time .line would be created. Council Member Keller asked if there was an estimate. Mr. Carr replied. that the contract holds that the lights need to. be in within 45 days. His guess was inside of 30 days. MOTION: Council Member .Maguire .moved,. seconded by Vice Mayor'Torliatt, to adopt Resolution 00-81 N;C.S. Awarding Bi'd to Install .:Athletic field Lights at Prince Park to United Utilities, Inc. for $180,750 MOTLON PASSED: 4/0/3 (fader-Thompson; Hamilton, Thompson absent) Jim Morrissey, ..Harmony Electric, 2525 Joseph Court, Santa Rosa, spoke regarding his bid on the project and his concerns regarding the City's" bid process. UNFINISHED BUSINESS 14. Report Regarding Status of Payran. Project and Discussion and Possible Direction Regarding Payran Flood Management. Project Financing and Budget. (Hargis/Stouder) City Manager .Fred Stouder provided status of the project. Last. week, four letters went. to the.federal government putting forth strategy and discussions. The first was a forma'I request with .attached invoice for payment to Dr. Westphal-; the Assistant Secretary of-the Army for Civil works., asking him to invoke Arficle 14, Section A of the" 1;996 agreement and deem the confiniaation of-the projecf. In other words, it asked'the federal government to pay tha invoice the. City received for $2.5 million while the larger question of a future authorization -and appropriates is pursued: Mr. Stouder and Mr. Hargis nay have the opporfunity°to meet with Dr. V1/estphal during his trip to the Bay Area. He was aware of this request. A summary of the interim payment issue is moving as well as it can. The letfer received #rom the U.S. Army Corps dated April' 18 indicated the-need to notify the 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 45 46 May 1, 2000 Vol. 34, Page 443 Corps by May 10 of the City's intention to pay the invoice on or .about May 30. If the City tells them it can't or won't, they will then suspend the project until the funding issue is resolved. The City is not ready to recommend it attempt to pay the invoice. The second item concerned the long-term strategy with letters going to each member of the Congressional delegation with suggested wording for new authorization under the Water Resources Development Act. Mr. Stouder's understanding was that the actual wording was under development. Many parties, national and local, have worked out the suggested wording. PUBLIC COMMENT Geoff Cartwright, 56 Rocca Drive, spoke regarding the flooding problem in Petaluma and he urged the City to continue trying to get funding. He urged the citizens to write to :representatives and ask them to try and get funds appropriated for the project. ADJOURN The Council adjourned the afternoon session at 4:15 P.M. and noted that they would meet at Aram's at 5:00 P.M. for dinner. ******** Evening Meeting Council Chambers The Petaluma City Council reconvened its regular meeting at 6:30 P.M. on this. date in the Council Chambers. ROLL CALL PRESENT: Council Members Cader-Thompson, Healy, Keller, Maguire; Vice. Mayor Torliatt ABSENT: Council Member Hamilton; Mayor Thompson ADJOURN TO CLOSED SESSION At 6:35 p:m. the Council adjourned to Closed Session in the City Manager's Conference Room. 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 45 46 Vol. 34, Page 444 May 1, 2000 CONFERENCE WITH LEGAL COUNSEL-.EXISTING LITIGATION (Subdivision (a) Of Government Code §54956.9), Hunter vs. City of Petaluma, Sonoma County Superior Court Case Number220351 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code §54956:8. Property: 4:104 Lakeville High. way (APN's 01.7-170-0.02 and 068-010=026) Negotiating Party: Frederick C. Stouder. Under Negotiation: Price; Terms or Payment or Both: (Gray Property) ******** RECOIVVEIVE The Petaluma City Council reconvened its regular meeting ors this date at 8:30 P.M. in the Council Chambers. ROLL CALL PRESENT: Council Members Cader-Thompson, Harniltori, Healy, Keller; Maguire; Vice Mayor Torliatt ABSENT: Mayor Thompson PUBLIC COMMENT Scott Seinfeld, representing the Prim Family, proposed an upscale street faire/farmers market/open air market in the Corona Reach area. Terence Garvey, 83 Maria Drive, advised that, two weeks pcio~r he suggested to the Council to offer a reward in the Fishman Supply case. He th®ughf'it should become an official policy by Council' resolution. If the City declined to offer such a reward, it should release a written statement explaining the decision: John Cheney, 55 Rocca Drive, thanked Council for their .hard. work on the Payran Flood Control project. He expressed concern about continued construction in the flood plain. Victor Chechanover, 2301 Marylyn Circle, spoke regarding his water bill and sewer rates and asked for up to date information regarding allocating sewer charges to water usage. Council Member Healy advised that "the wheels were furning~"toward use based sewer rates. May 1, 2000 Vol. 34, Page 445 1 Council Member Cader-Thompson suggested including this information with the water 2 bills so the entire community will know what is going on. 3 4 Mr. Cheehanover advised he had made that suggestion several times. The second 5 issue he spoke about was the living wage. He thought it appropriate to know if the 6 Council had any philosophy about a living wage. He asked if that would be on a future 7 agenda. 8 9 Vice Mayor Torliatt advised it would be addressed around budget time. 10 11 Bryant Moynihan, 102 Dawn Place, reminded Council that the City Charter, section 59, 12 indicated that on or before the first Monday in May of each year, a drafted City budget 13 was to be before them. He did not notice any agenda mention of the budget. On-time 14 presentation of the budget was promised for this year. That promise had not been 15 fulfilled, as it was not last .year. There were other promises not being fulfilled, such as a 16 new budget format. He had asked previously about the Capital Improvement Plan, 17 which was presented in draft form, but not reviewed or adopted by Council. Mr. 18 Moynihan pointed problems with not adopting long term CIP's, specifically mentioning 19 the Payran Project. He asked what had been spent on that project and challenged the 20 Council to let the public know about what he viewed as broken promises. 21 22 Bob Martin, 171 Payran Street, using a visual aide, referred to a 10-year-old zero net fill 23 violation fully within the flood way, across Stony Point Road. He brought it up a few 24 months before and also ten years ago. He had heard unofficially that the fill had been 25 declared legal. He thought it was a good example on how a flood way had been 26 encroached on a zero net fill area, and that it cast a shadow of doubt on all zero net fill 27 projects within the City. Immediately upstream is Leisure Lake Mobile Home Park and 28 according to the Brian Kangas Foulk's fault numbers, in the storm of February 1998, 29 ten-year base flood elevations were exceeded by one foot during aforty-year storm 30 event. This measurement was taken immediately upstream of the flood way 31 encroachment. The flood way needed to be restored as soon as possible. 32 33 Geoff Cartwright, 56 Rocca_ Drive, advised that when the Corps project started out, it 34 was a 205 project, with a $5 million commitment by the Corps and a $17 .million total 35 cost, with the City catching the additional. However, it became a $34 million project and 36 the City is still stuck with an 85% share and the federal government only stuck with a 37 15% share. He was amazed that Mr. Moynihan continued to attack the Corps project 38 and its funding; he was aware that Mr. Moynihan was a commercial real estate 39 salesman and may be making money in the flood plain and that he doesn't like the fact 40 that redevelopment funds have been tied in the Corps projects, but something must be 41 done about the flooding. 42 43 Diane Reilly Torres, Rainier Avenue, requested that the Council respond to the 44 problems of the homeless and how the City can help people. She asked that this be the 45 subject of another meeting, perhaps at Luchessi, so the public can address it. 46 Vol. 34, Page 446 May 1', 2000 1 Council Member Hamilton answered that there were' homeless services and suggested 2 Ms. Torres speak with John Records of Commission on the Shelterless (COTS). 3 4 Ms. Torres said she. would not go anywhere; that it needed to be addressed by the 5 Council. She wanted answers to questions. 6 7 Council Member Healy advised that when the Council approved Housing Administrator 8 Bonne Gaebler's budget, one thing included was an allocation of $1 million for the 9 armory replacement program. That is something staff is working hard on. 10 11 Ms. Torres said the homeless .still needed a place to eat and ,deep. 12 13 REPORT OUT OF CLOSED SESSION 14 15 Vice Mayor Torliatt announced that no reportable action was taken on the Closed 16 Session items. 17 18 COl1NCIL C-O,MMENT 19 20 Council.. Member Hamilton attended a poetry #o.rurn benefit at the Phoenix Theater and 21 gave a proclamation to Tom Gaffey on behalf of the City Council and the Mayor.. She 22 was happy tasee the .entire place filled and ,hoped if was jusf the beginning of events 23 where the community could meet and benefit the young people. The poetry was 24 wonderful. She had -never seen .anything like That in Petaluma: 25 26 Council' Member Hamilton. announced that- ".Ride Your Bike to Work Day" was May 16 27 and it would be convenient to have the Bike Plan on the City'; Web site so ,people-could 28 find safe routes. 29 30 Vice Mayor Torliatt thought it should be ready and. that there were bike maps available 31 at Redwood Business Park. 32 33 Council Member Healy expressed thaf in his view of the budget.. process; the most 34 important thing #his year' is to get a budget adopted before fhe fiscal year begins on July 35 1. His :understanding is that staff 'is till on track to accomplish that goal. He asked. the 36 City Manager to advise them of more specific :information. 37 38 Mr. Stouder advised Ghat it should be ready for printing before the. middle of the. month 39 so the. Council should have the draft before the first workshop. Thereare now two to 40 four public budget workshops scheduled. 41 42 Vice Mayor Torliatt advised that the ,previous Thursday and Friday, she and .Council 43 Member Caller-Thompson .attended the Association of. Bay Area Governments {ABAG) 44 annual conference,.. which addressed the Bay Area housing needs.. It was interesting. to 45 hear what other cities are doing and she: was. proud to say, that about 22%~of Petaluma's 46 new stock housing is "affordable." She also announced a "M~~w Down Air Pollution 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 45 May 1, 2000 Vol. 34, Page 447 2000" program., which is a buy-back campaign to increase public awareness of the air pollution caused by residential gasoline lawn mowers. A consortium of public and private entities are offering a monetary incentive to individuals who exchange their gas powered lawn mowers for a discounted rechargeable cordless electric mower. It is an electric/battery operated mulching mower offered for $219 instead of the regular $389 price. The local supplier is Lars Engine at 979 Transport Way in Petaluma. The exchange is happening after April 29. AGENDA CHANGES, ADDITIONS, AND DELETIONS Rescheduled to a date uncertain: 10. Resolution Awarding Contracts for Landscape Maintenance in Landscape Assessment District Areas 1 and 2 to North Bay Landscape Management and Area 3 to Nessco. Rejection of Bids for Landscape Medians, Area 4. (Carr/Anchordoguy) Item 15A will be heard before Item 15. ANNOUNCEMENT 15A. Resolution Condemning Acts of Flatred. MOTION: Council Member Keller moved, seconded by Maguire, to adopt Resolution 00-83A N.C.S. Condemning Acts of Hatred. MOTION PASSED: 6/0/1 (Mayor Thompson absent) APPOINTMENTS 15. Resolutions of Appointments to the Petaluma Youth Commission. (Carr) Appointing a Youth Commission is the first of two steps, the second will be appointment of a Teen Council in June. Thirteen people applied to sif on the adult mentor group, of whom eleven were called in for interviews. Seven people were selected. The interview panel consisted of Council Members Healy and Caller-Thompson, along with Kay Russo and Sue Ellen Thompson from the Petaluma Health Care District and David Rose from the Petaluma School District. The seven people chosen were Tom Gaffey, Dave King, Jan Parkinson, Alan Anspach, .Debra Eubanks; Bill Hartman and Faith Ross. Debra Eubanks, due to a death in her family, sent a letter of resignation. The interview panel recommended for the two-year term: Alan Ansbach, Bill Hartman, Faith Ross; and for the one-year term: Tom Gaffey, Dave King, and Jan Parkinson. There is the opportunity to move someone into the two-year slot. The interview Vol. 34, Page 448 May 1, 2000 1 committee decided that if more people were needed, they would do another 2 recruitment. 4 Council Member Hamilton asked hat when .someone is picked for the empty slot, 5 that it be someone in their 20's. 6 7 Council Member Cader-Thompson thought someone in the arts should be 8 brought in. She also recommended that Tom Gaffey have the two-year term 9 because of his work with. the teens. Everyone. who applied was great and well 10 qualified. 11 12 Council Member Keller thought at leash one member of the Commission should 13 be fluent in Spanish. He would like to see a,couple of teens. as voting members . 14 of the Commissions; rather than have a group of adults setting policy and 15 programs. 16 17 Mr. Carr advised that their hope was to have two teens as voting members of the 18 Commission. 19 20 Vice. Mayor Torliatt'introduced the new Commission m~,mbers., She advised that 21 the Commission. is working through fhe schools,, the Phoenix, and other venues, 22 to recruit for fhe Teen Council. 23 24 MOTION: Council Member Maguire rnove,d; seconded by Cader-Thompson, 25 to adopt .Resolution 0,0-83 N.C.S. Appointing Members of the 26 Petaluma Youth Commission. 27 28 MOTION 29 PASSED: 6/0/1 (Mayor Thompson absent) 30 31 PUBLIC HEARING 32 33 16. Resolution.Authorizing the Issuance of a Certificate of Public Convenience 34 and Necessity to Greg McCord Authorizing the Operation of A-:1 Taxi of 35 Petaluma, Inc:; and On the Move;. Inc. Yellow Cab, Beiaire Cab:, Radio Cab.,. a 36 24-hour, 18 Cab Taxi Service Inside Petaluma City Limits. (Moore) 37 38 Jane Thomson stated.. that the C.ify Council was being asked to approve ,a 39 resolution for a Certificate of Public Convenience aril Necessity; requested by 40 Greg McCord, currentlythe owner of'a transportation company located in 41 Greenbrae. The name of his company is O,n; The Move.. He is requesting the 42 certificate because he plans to operate a 24-hour, 18-cab taxi service. He is in 43 the process of purchasing A-1 Taxi of Petaluma, Inc. from the current owners. 44 45 He also proposed to operate On The .Move; comprised of an additional eight 46 taxis: two Yellow Cabs, one Belaire Cab and five .Radio Cabs. Mr. McCord would May 1, 2000 Vci: 34, Page 449 1 like to have the ability to operate the other eight taxis should he need to, inside 2 Petaluma. He proposes no change to -the current operations. The other eight 3 taxis will continue to be stored in Greenbrae and the dispatch center will also be 4 in Greenbrae. The Planning Commission reviewed this request at their meeting 5 on April 11 and recommend approval of the certificate. 6 7 The proposed resolution has four conditions that mirror those that are in the 8 Petaluma Municipal Code and talk about fares, taxis, etc. 9 10 Council Member Healy did not see if there was a change in the current fares. 11 12 Walt Watkins, A-1 Taxi, advised that the current rates are: $1.80 to start the 13 meter, $1.80 a mile. They have been that way since almost six years ago. There 14 is a 10% senior discount. 15 16 Gregory McCord, 4769 19th Street, San Francisco, is the proposed purchaser of 17 A-1 Taxi and he wanted to bring up item number 2, regarding the fare rates. The 18 rates listed are what he proposes to charge or at least be able to go up to in the 19 coming months. He would actually like to ask for a ceiling of $3.00 for flag drop 20 and $3.00 per mile. That enables him, over the coming years, to raise the rates 21 without coming back in front. of Planning and in front of Council. In other cities 22 where he has permits, he operates under a ceiling. The ceiling in Marin County is 23 $3.00 or $3.20. For seven years his business was at $1.90 and just recently 24 raised the rates. 25 26 Ms. Thomson responded that Petaluma has only one taxi service. The Planning 27 Commission requested that the staff do an analysis of the other companies. 28 Most in Sonoma County do not have a ceiling. It varies in Marin County. 29 30 Council Member Healy referred to the staff report, which indicated they were 31 going this route because of a section in the Municipal Code, chapter 14.20. He 32 wondered what that section of the code required with regard to setting fares. 33 34 Ms. Thomson answered that 14.2260, which is out of Title. l4 of the Municipal 35' Code_ states that all rates charged by owners of certificates shall be fixed and 36 determined by the resolution of the Council. The Council can fix the rate at the 37 ceiling of $3.00 and Mr. McCord has the discretion to charge lower rates, but not 38 higher. 39 40 Council Member Hamilton advised that the first time she heard about the ceiling 41 was that night and she would have to think about it. She suggested that the 42 resolution be passed as is and the applicant can come back to make that 43 changeā€ž 44 45 MOTION:- Council Member Cader-Thompson moved, seconded by Maguire, to adopt 46 Resolution 00-84 N.C.S. Authorizing the Issuance of a Certificate of Vol. 34, Page 450 May 1, 2000 1 Public Convenience and Necessity to Greg NIcCoCd Authorizing the 2 Operation of A-1 Taxi of Petaluma, inc:, and On the Move,. Inc. Yellow 3 Cab; Belaire Cab; Radio Cab, a.24-hour, 18 Cab Taxi Service Inside 4 Petaluma City Limits 5 6 MOTION 7 PASSED: 6/0/1 (Thompson absent) 8 9 UNFINISHED BUSINESS 10 11 17. Status: Report regarding the City of Petaluma's Integrated Pest Management 12 (IMP) Program (Carr) 13 14 Ed Anchordoguy, Park Supervisor for the Parks. & Recreation Department, 15 advised that. a resolution was adopted last August regarding integrated pest 16 management and he was there to advise Council of the current status. 17 18 Approximately 2,000 yards of mulch are spread through the parks and the 19 landscape assessment .districts. each year.: Mulching is the most effective way to 20 non-chemically prevent weeds. In the ..past year, they targeted between 3% and 21 5% reduction of use of herbicides arid so far thi's year, they have achieved .a 10% 22 reduction. They do use some chemicals for pest control, but those are the lowest 23 toxicity they can find that will still be effective. The posting program advises 48 24 hours before and' 48 hours after where. and when chemicals are applied. There 25 has been a positive response from the public to the posting. 26 27 They are.starting mechanical. means of removing weeds from the playgrounds. 28 They have discontinued herbicide treatment in playgrounds and set a.30-foot 29 perimeter around them.and most of those areas will 6e mulched.. They have 30 been experimenting with non-chemical use of different products; one made out ofi 31 corn that is spread .over the ground and melts and makes a barrier against. the 32 weeds - it is totally organic: There has been some success with that and they 33 are looking to expand it use. 34 35 In their landscape-assessment districts (LADs), they are about to go out to new 36 contract.and one stipulation is that mulching will be maintained and that.. the 37 areas not mulched will be'muJched. They are expecting that a yearfrom now, all 38 landscaping in all assessment districts will be mulched. 39 40 Council Member Maguire voiced his pleasure with the report. 41 42 Council Member Hamilton mentioned that right after sf~e read the reporf, she 43 walked. outside and passed someone who was spraying weeds (not someone 44 from the City) in the wind. 45 May 1, 2000 Voi. 34, Page 451 1 Council Member Cader-Thompson asked if it was possible to put something 2 together to put in the Parks and Recreation newsletter to let the public know what 3 the City is doing and what the public can do. 4 5 Mr. Anchordoguy has intended to that. 6 7 Ronnie Cohen thanked the Council for moving ahead on integrated pest 8 management. She thought that the City could do better than a 10% reduction in 9 herbicide use. She urged the Council to take action to speed up the process of 10 switching from toxic products. She is concerned about the use of chemical 11 sprays in and around waterways. She relayed an experience of a friend of hers 12 with breast cancer who was exposed to DDT as a child. She knows that the City 13 sprayed trees around a creek that runs through Westridge. She asked why 14 mulch was not used. 15 16 Last summer, the Council said it would try to include landscape assessment 17 districts into the Integrated Pest Management Program (IPM) as contracts for the 18 LADs expired. The City did .not ask the contractors to include in their bids the 19 price of incorporating the City's IP:M program or for the price of posting 20 notification in advance of spraying or for the price of using least toxic means. The 21 Council said it would bring the LADs into compliance in to the IPM program when 22 economically feasible. She asked how it would be known if it is economically 23 feasible if the contractors were. not asked to bid the jobs that way. 24 25 Hank Flum, 1721 Stonehenge Way, was pleased to hear about the IPM program 26 and reminded the public that there is still. another way to deal with weeds - by 27 bending down and pulling them. He lives in a neighborhood where the City has 28 tried to deal with the weeds in public space, but in the parkways, the 29 homeowners often neglect the weeds they are responsible for and the place 30 looks overgrown. The public needs to take some responsibility for weed control 31 as well. 32 33 Council Member Hamilton agreed with Ms. Cohen and would like to see the 34 City's efforts increased. 35 36 Council Member Keller also agreed that the contractors should bid on non-toxic 37 means. He would also like to see a program of public education. He asked. Mr'. 38 Anchordoguy if there were any instances of the Asian Wood Borer and what was 39 happening with the Sudden Oak Death Syndrome. 40 41 Mr.. Anchordoguy advised there were no Asian Wood Borer instances..- Sudden 42 Oak Death Syndrome appears to be coming over the hill from Sonoma Valley. 43 There are not many instances in Petaluma. Pablo Silvero, who is with the 44 University of California Extension, is working on possible prevention and Mr. 45 Anchordoguy will be talking to him towards the end of May. Right now, the only Vol. 34, Page 452 May 1,.2000 1 preventative, the efficacy of which is 'questionable, is tf:~e application of a 2 chemical. 3 4 Council Member Keller asked that as-that information came in, Mr. Anchordoguy 5 advise the Council so that it could be distributed to the public. 6 7 Council Member Cader-Thompson. thought that on King Road there was an 8 infestation in some, oak trees and that it (Sudden Oak heath Syndrome) was 9 actually here.. 10 11 Mr. Anchordoguy responded that, according fo the County's monitoring system, 12 as of two weeks ago, there was nothing in Petaluma. 13 14 Council, Member Cader-Thompson asked fora draft of what would be expecfed 15 regarding. pesticides use and the LADs. 16 17 Vice Mayor Torliatt asked how the City w.as working. with the school di'stricf on 18 this issue. 19 20 Mr. Anchordoguy responded that the City was not. 21 22 Vice Mayor Torliatt said 'that since item. 10 regarding the LADs was. pulled, she 23 thought it appropriate the LRM issue be addressed before. it comes bacK to the 24 Council. She also'wanted to let the Council know that:the Gityof Sebastopol 25 would be considering, the following day; a voluntary toxic free zone and. will be 26 looking at banning the application of all chemicals on publicly owned properties. 27 She thought they could learn from what they were. doing. 28 29 Council Member Maguire noted they were not approving the use of insecticides 30 in the landscape maintenance of the'LADs. He asked Mr. Anchordoguy'if they 31 talked about the mulching and noticing. 32 33 Mr. Anchordoguy advised that: they did not take .bids for an alternative because in 34 his discussions with contractors; 'the prices are from two to,three times. what they 35 ,are paying now. Some of the LADs cannot handle thai:. By this time next ,year, all 36 areas will be~mulched. That should significantly reduce fhe use of herbicides. 37 3'8 Council Member Maguire asked if it was fhe 48-hour noticing that drives.the price 39 up. 40 41 Mr. Anchordoguy had some discussions with everal different contractors~and 42 just posting could, bring the price. up anywhere from 25%o to 100%, depending on 43 the contractor. 44 45 Council Member Maguire asked if Sebastopol had LADs. . 46 May 1, 200.0 Voi. 34, ,Page 453 1 Mr. Anchordoguy replied that. Sebastopol only has one park and maybe two or 2 three medians in the whole city. They have no LADs. Petaluma has hundreds of 3 acres. 4 5 Council Member Keller would like to ask the management of the. LADs what they 6 want there and they would have to pay for it. There is a local funding vehicle that 7 is entirely under their control. He would like to see a meeting for representatives 8 of LADs. 9 10 Council Member Cader-Thompson could not. believe that the contractors could 11 not post at least the day they do the spraying. 12 13 Mr. Anchordoguy said that if you take a typical LAD, there are maybe five cul de 14 sacs, a front entrance, all areas that need to be posted. It does require 15 equipment and man-hours to do it. It gets down to a matter of ,money... 16 17 18. Application of Chelsea GCA for Processing a PCD Modification and Addressing 18 Condition 53 of Resolution 91-136 to Allow Future Development of the Factory 19 Outlet Village. 20 21 Mike Moore advised that on April 5, 2000, the Council meeting as the Corona 22 Reach Committee determined that it did not want to proceed with the Corona 23 Reach Specific Plan. They asked City Management to come back with a 24 resolution reflecting the Council's determination not to proceed with the Specific 25 Plan, as a result of the timing with the General Plan update and other issues. The 26 resolution would also direct City Management to begin processing the application 27 from Chelsea GCA for the PCD Modification and their project, which proposes to 28 add approximately 240,000 square feet of commercial retail space on Parcels B 29 and C, which adjoin the existing Factory Outlet Village on the north and south 30 sides. Attached as part of the. staff report is a copy of the. 31 32 Chelsea has asked for discussion. regarding a proposal in anticipation of an 33 Environmental fmpact Report that the consultant be under contract to Chelsea. 34 This is different from the City's customary procedure for selecting .and processing 35 and Environmental Impact Report. However, neither the state nor local 36 guidelines prohibit this from happening. The guidelines attached to the staff 37 report indicate that it is possible for a consultant to prepare an EIR under the 38 retention of the project applicant. This is not a scoping session. Joan Lamphier 39 & Associates was there to answer questions regarding her qualifications and 40 background. She comes with very good qualifications. This does not diminish 41 the City's responsibility of lead agency in review and approval of the EIR. The 42 City's role in the environmental review process would be the same as if the 43 contract were the City's contract with the consultant. 44 45 Council Member Maguire asked why the City would relinquish control,, 46 Vol. 34, Page 454 May 1, 2000 1 Mr. Moore responded that Chelsea has requested this option because they feel 2 they would like to be able. to control the timing. Given the staffing circumstances 3 at this time, Mr. Moore did not think it -was a bad idea. at would not necessarily 4 diminish the Gity's control. The option is that the Council could go with the 5 customary process'whereby the City would contract with a consultantand~the 6 applicant would pay for those costs. The applicant has also suggested a 7 reimbursement agreement that would cover staff costs associated with the 8 application and the EIR. That could enable the City to hire contract staff to move 9 the process. along. 10 11 Council Member Maguire asked if' Ms. Lampier was under contract to Chelsea, 12 would that mean that any correspondence between them is privileged. 13 14 City Attorney Rich Rudnansky said... that typically a public record is anything that 15 is kept, in the normal course of business of the agency. 16 17 Council Member Maguire asked, Mr. Moore to give a rough cost and timeline 18 using the standing procedure. 19 20 Mr. Moore replied that going through the, normal process would probably take 21 about six weeks: Staff does have the option. of single-sourcing the. document o 22 the process could be simplified. 23 24 Council Member Maguire asked for clarification on reimbursement to staff. 26 Mr. Moore .advised Chelsea has_ offered to reimburse staff for costs associated 27 with processing the EIR..There has been no detail worked out yet. 28 29 Council Member Keller voiced concern with the proposed resolution, 2nd ,page, 30 line 7, regarding "substantial compliance .with eonditior~ 53 and direct staff to 31 process Chelsea application without a need fora completed CRSF." He asked 32 for the meaning of "substantial compliance with condition 53:'' 33 34 Mr. Rudnansky replied that if Council adopted this resolution,, it would be a 35 Council determination that, based on some of the events and. information 36 received, there is enough information that essentially would be the same as° the 37 preliminary master plan uhder condition 53. 38 39 Council Member Keller said that if he. disagreed that there has not been enough 40 compliance with the intent and performance of-condition 53 In his understanding; 41 the project applicants have chosen to push ahead without meeting the broader 42 requirements that a condition 53 would ..have imposed on .information for this 43 Council.. He was not sure he wanted to reference that inthis resolution. He did: 44 .not think there has been substantial compliance. 45 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 45 May 1, 2000 Vol. 34, Page 455 Council Member Maguire asked if the wording could be changed to "substantial change in the need fvrcondition 53." The General Plan and EIR would be tools to answer questions that could come up. Council Member Hamilton asked Mr. Keller to clarify his comments. Council Member Keller spoke regarding the need for condition 53. He understood that the burden would be on the applicant to provide the City with enough information. to make the judgment on issues that go beyond their project boundaries, particularly drainage and habitat issues. Council Member Hamilton did not know how the applicant could answer the City's need for information for condition 53. It was Ms. Hamilton's understanding that Council would be making decisions taking into account that they would not have certain answers. Council Member Keller clarified that Council has waived the necessity of having full information ahead of their application. Vice Mayor Torliatt.said that in the agenda title that it was an application for Chelsea GCA for processing a PCD modification and addressing condition 53. It did not say "satisfying." Council Member Keller said the phrase could be altered to "agreed that the project applicant will attempt to address issues raised in condition 53." He could not agree with "substantial compliance." Council Member Maguire offered his wording in the "substantial change in the need for condition 53." Council Member Hamilton would agree with that language. Council Member Keller stressed that it should be clear that it is not the change in the need for information as for the actual condition 53. Mr. Rudnansky suggested another possible wording: "There has been a substantial change in the circumstances which led to condition 53." Council Member Hamilton replied that they have not changed at all. They could say, "because of changed circumstance in the City's General Plan, the Council deems that because of fhe prior studies and information, there has been substantial change.in the need for condition 53." Mr. Rudnansky suggested a combination of those two phrases. vol. 34, Page 456 May 1, 2000 Council Member Maguire said that they are looking for an EIR from the. applicant. They have stated manytimes in the past that the EIR, may .not be sufficient information for Council to find in favor of the project. Chelsea is also at risk of running afoul of changed General Plan, zoning, designations as well. Council Member Keller wondered about the reference ~to the new General P an being wrapped. info this resolution. Council Member Hamilton thought the point was that Council was.letting condition 53 go with the idea that whatever information is not obtained from the EIR process will be obtained through the General Plan process. Council Member Keller clarified that they .could not process the application until the General Plan was done. Council Member Hamilton di agreed; they were waiving condition 53: Mr..Rudnansky said the reference'to the General Plan in the title should have been deleted from the drafts. Fred Etzel, attorney for Chelsea GCA, referred to .a point. raised by Council Members Healy .and Hamilton. They do not want fo get to the end of the ELR process and come before Council, only to be told the,ro will be no decision .because the G"eneral Plan is not. done. He -would like confirmation. Council Member Maguire responded. that until Chelsea. presented an EIR, there was no way he could say the EIR. would satisfy his questions. Mr. Etzel asked what would have to be in the E1R to satisfy Council Member Maguire. Council Member .Maguire .said a scoping session woule' determine that. The EIR may answer all .questions as to impact, yet it may not. guarantee support of the project. Mr. Etzel clarified that Councif could certify the EfR as being' legally adequafe and still rejecf the project. Council. Member Maguire agreed that would be a possibility. Mr. Rudnansky explained that all that was being said was that Council., was not requiring the Plan.to be complete .before they rule on Chelsea's application. Mr. Etzel said that if it looks Like-there will be changes in the. latest designation for the Chelsea parcels A, B, and C in the General Plan process, Chelsea does not May 1, 2000 Vol. 34, Page 457 1 want to be in a position where the Council will not make a decision because the 2 General Plan is not done. 3 4 Mr. Rudnansky said that is the issue every contractor and developer faces. He is 5 not saying that is what will happen, but he does not want any rights waived at this 6 point. 7 8 Matt Connolly, Chelsea GCA Realty, believed he has a quality project and is 9 looking for the opportunity to present that to the Council. The EIR will be a tool to 10 determine the merits of the project. 11 12 Joan Lamphier is the principal of Lamphier & Associates, in business for twenty 13 years. They work for about forty cities throughout the Bay Area. They do EIRs 14 and are hired by cities to act as staff on major projects and to assist them in the 15 environmental review. They are hired by cities when they have projects that need 16 to be processed in a timely manner, About 80% of their practice is directly for 17 cities.. Several clients such the City of Oakland, the Port of Oakland, City of 18 Santa Clara and the City of San Francisco :actually require the applicant to 19 contract directly with the EIR consultant. They view their job here as preparing a 20 legally defensible EIR document that complies with guidelines. 21 22 Council Member Keller asked Ms. Lamphier to explain the difference in the EIR 23 process when they are hired by the applicant and by the city. 24 25 Ms. Lamphier experienced.. no difference. The people are very sophisticated and 26 most people are aware of the standard of practice. The issues here include 27 hydrology and they have retained: Philip Williams & Associates with whom they 28 have along-term professional relationship. She believes they are one of the best 29 hydrologists in the state. For traffic consultant they have West in San.Rafael. 30 They have picked their consultant teams for technical ability and familiarity with 31 the community. 32 33 Council Member Keller asked about having all correspondence available for 34 public review. 35 36 Ms. Lamphier thought that would be no problem. 37 38 Council Member Keller asked if Council decided they wanted a different 39 subcontractor. but you were under contract with the project proponent, how they 40 would deal with that. 41 42 Ms. Lamphier answered that because they were legally responsible for the 43 document, they would want to be sure that the subcontractor has the technical 44 expertise that is needed. 45 Vol: 34, Page 458 May 1, 2000 1 Council Member Keller referred; to Mr. Control y's: statement that the EIR'is a 2 vehicle'to determine: the merits of the project Mr. Keller disagreed. The: SEQUA 3 is not a ,project evaluation tool other than a series of criteria for environmental 4 assessment. It does not address, the merits or validity of a project. 5 6 Mr. Etzel responded that. he had said 'it was "one of the tools." 7 8 Council Member. Healysaid thaf what struck him most about the materials .was 9 the expectation of turning.. out a draft EfR in 75 days. 10 11 Ms: Lamphier said that could be done. She explained there was a preliminary 12 scope of work that has been done. One of'the first steps is to do a, notice :of 13 preparation and an initial study and have a public scoping session. If the; Council 14 chooses o approve the resolution, they would meet with Mr. Moore and set out 15 that schedule. She hoped for a public scbp.ing session within thirty days,; which is 16 the typical .time frame., Dependin" g on what comes out at:that session; they may 17 have fo amend the scope of work. Philip 1Nilliams & Associates: has done a lot of 18 work'n Petaluma, so .they are familiar with the base line'condition and issues of 19 the community. 20 21 Council Member Keller asked who would do the initial assessment. 22 23 Ms. Lamphier said they would probably do that themselves. 24 25 Council Member Keller asked if her firm would do the coping session. 26 27 Ms. Lamphier said it would be in "partnership with the City because: all along, the 28 way, the City would want to be involved i'n the-process: Ultimately, the document 29 will come before the Council for consideration. They .can eh;air the session., notice 30 it, set it up, but City staff, Councif and Planning Commission would attend. 31 32 Council Member Keller noted it was :an unusual arrangement and he was trying 33 to sort out some of the issues, such as public involvement. 34 35 Ms. Lamphiex hoped that. the Planning Department would be involved. Each city's 36 General Plan is different. 37 38 Vice Mayor Torliatt asked if Ms.:Lamphier had worked on or bid on any other 39 projects in the City of Petaluma. 40 41 Ms. Lamphier answered that many years ago; they submitted, a .proposal for a 42 project on the river, butshe did not think it wentthrough. 43 44 Vice Mayor Torliatt asked Ms. Lamphier how much time she would personally 45 spend on the project. " 46 May 1, 2000 Vol. 34, Page 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1'5 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 45 Ms. Lamphier will be the project manager and oversee all aspects. Vice Mayor Torliatt asked Mr. Moore when they would have the Requests for Qualifications (RFQs) back for the General Plan for the hydrology component. Mr. Moore replied that the RFQ letter went out the previous week and the process should be complete mid-summer. Vice Mayor Tocliatt's concern is how the hydrology statistics on this project would go with the information from the General Plan. Council Member Keller asked who owns the work project on research performed on hydrology. Mr. Moore replied that if it is~information prepared for an EIR, he thought it would be City information.. Vice Mayor Torliatt`would like the applicant to state that is, in fact, the case. Mr. Etzel amplified that the City as the lead agency has the legal duty to exercise their independent judgment on the EIR. If the City does anything less than that, that goes right to the validity of the adequacy of the EIR and makes its potentially subject to litigation. His organization has a strong interest in making sure the document is legally adequate and open to full public exposure and debate. Any information in the EIR becomes a matter of public record. Vice Mayor Torliatt said that Philip Williams & Associates were not recommended because they had proprietary ownership over the information they created in their model. Ms. Lamphier said that Philip UV~illiams & Associates have a concern that someone would take their information and do designs based on it and then they are legally liable because their information is used in a way that was. not intended. In their contracts with Williams, they do sign that they will not use the information for any other purpose. There is an errors and omissions issue with them, but they could sort that out. Council Member Keller said the problem with them as a General Plan consultant was that they couldn't turn over the model. There was no issue with the data. Vice Mayor Torliatt said that the City would want to use the information gathered. Council PJlember Keller said the data would be available and that is why they are casting again for the General Plan. Vol. 34, Page 460 May 1, 2000 1 Vice Mayor Torliatt. agreed, .but wanfed to manipulate the dafa to fell something in 2 the future. 3 4 Council Member Keller thought that was related to the watershed model that 5 Philip 1Nilliams had .developed. The: issue there was the inability to actually have 6 that model and run future scenarios. 7 8 Vice Mayor Torliatt agreed and .said that the City wants to be able to do that type 9 of data search and manipulation. This consultant may not allow them to do that: 10 11 Mr. Rudnansky said it was not his experience that cities require in an EIR 12 process to have consultants turn over models the city Gould use in another 13 project. 14 15 Vice. Mayor Torliatt did not see why #his process shoulei be any different. from a 16 normal. contract and thought the City should contract directly with Ms. Lampier if 17 Gity Management was comfortable with this consultant. 18 19 Council Member Hamilton asked who pays the cost. 20 21 Mr. Moore .advised that. the :applicant paysthe cost of the EIR as it is scoped out, 22 plus a 20% administrative fee to fhe City. The other option is that' instead of the 23 administrative fee, the City could ask the consultant to cover the cost of 24 additional staff so it would be processed in a timely way. 25 26 Council Member Keller was uricomfortabie with.; giving ever the contract for what 27 is likely to be a controversial item to the applicant. It is not Council's common. 28 practice and it is important the public maintain a good. sense of (rust in'the 29 process. 30 31 Council Member Healy did ,not share some of the exprc sed concern because it 32 is stated that the Council will have overall .discretion... He asked the City Attorney 33 if there were .legal.. ramifications in terms ofi exposure to litigation for meeting or 34 not meeting deadlines. 35 . 36 Mr. Rudnansky said. that under the SEQUA guidelines, accepting an EI;R, or 37 eonsiderin an EI R re a_red b the develo er s consultant. was one of man, 9 p p Y p Y 38 options that you may use. The Public Resource Code set forth language. that the 39 local agency "shall'exeeute within 45 days from the dale that the agencysendsa 40 notice of preparation, a contract for an environmental c:onsultanf.'' A literal 41 reading is thaf there:'has not even been a notice of preparation submitted. 42 Chelsea. has taken the position that there has been deNay acid that, if the: EIR is 43 not done in the time they think it should be done, it could lead to some action 44 down the line. 45 May 1, 2000 Vol. 34, Page 461 1 Council Member Maguire stated there were two recommendations from City 2 Management. One was to adopt the attached resolution and the other was to 3 direct staff to proceed with the applicant's consultant to define the scope of work. 4 He moved that the resolution be adopted with a change on line 7, page 2, stating 5 that there "has been a substantial change of a need for condition 53."Once that 6 is voted upon, he wanted to move to proceed with the City hiring the applicant's 7 consultant. The new wording would be, "The Council deems that because of the 8 prior studies and information there has been substantial change in the need for 9 condition 53 and directs staff to process the Chelsea application without the need 10 for completed CRSP." 11 12 Council Member Keller asked if the phrases "new General Plan"and "new 13 information"would be included. 14 15 Council Member Hamilton clarified the wording to read: "Now, therefore, be it 16 resolved, that because of changed circumstances and the City proceeding with a 17 new General Plan, the Council deems that because of prior studies and 18 information, there has been substantial change in the need for condition 53 and 19 directs staff to .process the Chelsea application without the need for completed 20 CRSP. " 21 22 Matt Connolly, Chelsea GCA Realty, stated it .has been five years they have 23 been trying to process this application. In February of 1999 it was formally 24 submitted. In October, Council took it and now it is May. He preferred to have 25 Lamphier & Associates under their own contract because they are concerned 26 with the City's ability to perform. The City does not have a good track record. It 27 will be supported provided that a tight time frame will be followed. He knew there 28 were water run off issues related to the project, but was confident the project was 29 of merit and had positive aspects. He would .support the adopting of the 30 resolution and the City contracting direct with .Lamphier & Associates if the City 31 could hold to a tight schedule.. 32 33 Geoff Cartwright, 56 Rocca Drive, cautioned that the area had a history of 34 flooding. He had questions pertaining to impervious surfaces, i.e., roofs., roads, 35 displacement by fill, and grading. He referred to the phrase "incremental 36 increases."He asked what the percentage of degradation was to the protection 37 level of the Corps of Engineers project. He asked on whose parcel of property 38 those increments end up. 39 40 John Cheney, 55 Rocca Drive, told the Council they were "crazy to hire the fox 41 and put it in the hen house."He did not think the Factory Outlet should have 42 been built. People fraught hard to put in condition 53 so there would be protection 43 later on when Chelsea wanted to continue building. Now Chelsea is using an 44 attorney to circumvent that Council should be concerned about people and the 45 environment. To hire the consultant and allow Chelsea to pay for it was 46 ridiculous. Vol. 34, Page 462 May 1, 2000 2 Council Member Hamilton pointed out to Mr. Cheney that the applicant~always 3 pays for the Ei'R. She did not see what difference it would make. 4 5 Bob Martin, '171 Fayran Street, shared a flood plain. map. Flood plain conditions 6 have been altered significantly since the snap was created ten years ago. He did 7 not understand how the City could allow development.to occur in an area of 8 unknown base flood elevation. The maps should be revised first: It would be a 9 waste of time and money to process and EiR until the maps are revised. 10 11 Council Member Cader-Thompson sfated she would not support this because. 12 she. supported Tom Hargis and thought there should be a moratorium upstream 13 from the Corona Reach and. that is the direction the City should go until they deal 14 with the hydrology problem in the larger picture and the water ~ tied. 15 16 Council Member Keller agreed that Mr: Cheney and Mr: Martin were absolutely 17 correct that this EIR and project application wily not answer the question of how 18 the City will deal with flood plain management. There are not enough Council 19 Members who will support a moratorium. If there is not. a moratorium,. the. Council 20 is legally obligated to take the application.. 21 22 Council Member Hamilton asked if the City eonfracted to do the ELR, how that 23 would affect the Planning Department. and the staff. 25 Council Member Keller answered that the City would have .to staff this project 26 proposal and Chelsea would have to pay for the extra staffing. 27 28 Council Member Healy thoughtthey were just Voting oil the initial resolution and 29 would then discuss contracting arrangements. 30 31 Vice Mayor Torlatt said she had. the ,same concerns as Council Member Cader- 32 Thompson. She would support the current resolution because they could .deal 33 with the larger watershed issue when the EIR is completed. 34 35 MOTION: Council Member Maguire moved, seconded by Ham.ilfon, to adopt. 36 Resolution 00-85 N.C.S, directing City Staff to Process Chelsea. 37 GCA Application and Suspend Corona Reach Specific .Plan 38 Process. 39 40 MOTION 41 PASSED: 5/1/1 {Counciil Member Cader-Thompson voting "no'; Mayor 42 Thompson absent) 43 . 44 ADJOURN TO CLOSED SESSION 45 May 1, 2000 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 Vol. 34, Page 463 At 11:20 P.M. Vice Mayor Torliatt announced that Council would adjourn to Closed Session on the following matters:. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code §54957.6, Unit 6, Police. Agency Negotiator: Acorne. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to GOvernment Code §54957.6, Unlt 7, Fire. Agency Negotiator` Acorne. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code §54957.6, Unit 8, Department Directors. Agency Negotiator: Acorne. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code §54957.6, Unit 10, Public Safety Mid-Management. Agency Negotiator: Acorne. ADJOIJRfV The Closed Session adjourned at 12:15 A.M. with no rep ATTEST: 28 29 Beverly J. Kline, City rk 31 32 33 34 ****** n taken. Pamela Torliatt, Vice Mayor