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HomeMy WebLinkAboutMinutes 09/21/1999Sepfember 21, 1999 Vol. 33, Page 457 1 2 City ,of Petaluma, California 3 ~ IVlinutes of a 4 City Council Meeting 5 6 7 Tuesday, September 21, 1999 8 Council Chambers 9 10 11 The City Council met on .this date at 3'30 p.m. in -the Councif :Chambers. 12 13 ROLL CALL 14 15 Present: Caller=Thompson, Healy, Keller, Maguire, Thompson, Torliatt 16 17 Absent: Hamilton 18 19 PUBLIC COMMENT 20 21 None ~, 22 23 COUNCIL CO:IVIMENTS 24 ~ ,. 25 Council Member Torliatt stated that; she recently visited the City of Los Gatos :and saw 26 an'interesting concept applied regarding home additions: First; a post was placed in the 27 lawn showing, a picture of the prgposed addition and second, a story pole was erected 28 .explaining the: effect of the changes. She felt this: was ."something the City of Petaluma 29 might want fo consider implementing. She also stated.:- she reviewed a letter from the 30 Sullivan family stressing 'fhe importance_ of Having the;,City's .ambulances equipped with 31 defibrillators. She requested City .Management provide a report fo Councif concerning 32 the issue. 33 ~. .. 34 Council. Member. Maguire stated that the City'.had .,recently received. a letter from .Action 35 for Better Cifi'es ~(ABCD),, a statpewide organization that was organizing to help cities 36 regain funding from tfe, stafe: Heinformed the Council that he was donating one 37 hundred dollars ($100) and e~neouraged others to help by also making a donation. 3'8 39 Council Member-Keller requested fihat the City Manager send a note of thanks for a job 40 well done to the Public 1Nocks~ crew ,that paved Petaluma :Boulevard near U. S. Highway 41 101.. 42 43 .AGENDA CHANGES, AD®ITIONS; AND DELETLONS 44 r , 45 None _ 46 Vol. 33, Page 458 PROCLAMATION Sepfember'21, 1999 2 3 Mayor Thompson announced National Pollution Wegk,;~September 20 - 26, 199.9... 4 5 Mayor Thompson announced a hazardous waste drop off on Saturday,, September 25, 6 1999, at the Petaluma Fairgrounds b"etween 9:00 a.m. fo 3:00 p.m. 7 8 MINUTES 9 " 10 Council removedapproval. of the minutes of July 6, 15, 19, and 26,, 1999., 'from th'e 11 agenda and :asked the' City Clerk to prepare. verbatim minutes ofi Council's discu"scions 12 and actions on those dates. 13 14 CONSfIVT CALENDAR 15 , 16 Mayor- Thompson. announced thaf Consent Calendar Agenda Item #3 was removed. by 17 memo: 1.8 19 Council :Member. Tor.liaft requested the removal of Consent Calendar Agenda: Ltem #5, ~~ 2'1 1. Resolutgn 99-183 N.C.S. Approving Claims &. Bills: 22 2: Resolution 99-184 N:C.S: Authorizing Closure,~.of._. Kentucky. Street on Sunday,.. 23 September 26, 1999; Between the Hours of 5:00 a.m. and 6:09 p.m. for the; 24 Terith A'nriual.OutdoorAntiquc Faire - 25 3. [REMOVED BY MEMO] Resolution N::C.S. Awarding Contract to for. the 26 Re-,roofing of Fire Station 2 located gat 10010 :N:' McDowell and Fire :`Station "3 27 located'at 831 S. McDowell for the: Amount of. ~ `(Bid .opening 9/i6/99). :28 4. [Written] 'Status Report ofi Downtown Actiyifes Including .Put_nam "Plaza. 29 6, Resolution 99-185: N:C "S':.Autlo_nzing the City. Manager to Sign Agreement with 30 the S,onorna County Water Agency' (SCWA) for Funding of the C:o.nstructi`on' 31 , Costs for° the City's Portion of the•. Army `Corps; of -Engineers U:-Shaped and'. . 32 Trapezoidal Channels.. SCWA Funding is `$1,,5`-1x8,000' for U'-Sh~aped~ and 33 $3,00"0,0.00. for Trapezoidal G.hannels: Project No: 9724 34 7. Resolution 99-186 N.C'S. Accepting Completion of :the Mountain View Water 3`5 Reservoir Project #9917; Phase 4 Qualityv Painting and Maintenance, P,O, Box 36 704,4"5, ";Reno; NV 89:570 fo:r th,e amount °of $21~3,,Q00.0.0' _ ' 37 7a. Reso.lut'ion 99-187 N:,C.S. supporting.`Efforts to; :Identf_y; Long -Term, Solutions in 38 Restoring 'Ecol'ogical Health sand .'Irnpro~ing ~1Nater Managernenf for Beneficial 39 Uses of the Bay/Delta Estiaary_ 40 Motion:. Council Member Maguire moped; seconded by Keller to adopt ', 41 Consent Calendar items 1, 2, 4' 6,; 7 and 7a. . 42 - 43 Motion Passed: 6/0/1 (Hamilton -absent) _ 44 ~ '. f :'..: 45 Council. Member Healy requested that the :author of Consent Calendar Agenda Item 46 #7A, Supervisor Me.Kinsey, be provided a copy of the adopted. Resolutions. September 21, 1999 Vol. 33, Page 459 1 5. Resolution 99-188 N G.S. Approving the Plans and Specifications Prepared: by 2 the Engineering Department and Awarding the Contract for Lakeville Street 3 1N,idening Project'.. _ . 4 ~ ~ .Y 5 `Council Member Tor.liatt requested City Civil Engineer Mike Evert report on the time 6 schedule of this project. 7 8 City Civil Engineer Mike Evert "responded that the contract work for the City was 9 'scheduled for November 1999; and that one of the components of the project was 10 upgrading the railroad' crossing arms at East "D" Street. City Transportation Engineer 11 Allan Tilton had a conversation with. the Railroad's Chief Engineer who advised him that 12 the traffic control .firm he had, hoped to use for the ,project had not responded. to the 13 Railroad. He stated that the Railroad estimated their work would occur in September or 14 October 1999:, and" thaf the schedule had not changed. An agreement with the State 15 was expected which'woiald go through the City. 16 17 The awarding of the project by Council would help the City's Engineering Department fo 18 work in unison with the Railroad. If the Railroad did. not relocate the crossing arm on 19 schedule, the City would proceed with widening Lakeville Street. Mr. Evert did state he . 20 felt confident that the Railroad would complete their work before the "D" Street closure 21 work in the spring of 2000. 22 23 Council Member Cader-Thompson expressed: that a right hand turn lane on "D" Street 24 to Lakeville was necessary to improve traffic circulation. 25 26 Mr. Evert agreed and stated that improvements to the signal light at the intersection of 27 "D" and Lakeville Streets and the addition of an extra lane southbound on Lakeville 28 would significantly improve traffic flow. 29 30 Motion: Council Member Torliatt' .moved, seconded by Maguire., to adopt 31 Resolution 99-187 N.C.S. Approving the Plans and Specifications 32 Prepared by the Engineering Department and Awarding the 33 Contract for Lakeville Street 1Nidening Project to Ghiloft 34 Construction, 246 Ghilotti Avenue, Sanfa Rosa, CA, for the amount 35 of $364,738.00. 36 37 Motion Passed: 6/0/1 (Hamilton absent) 38 39 :. 40 : ,; 41 i4DJOURN TO CLOSED SESSION 42 43 At 4:10 ~p.m:., Mayor_Tliompson announced that Council would adjourn to the City- 44 Manager's.Conference Room to address Closed Session items. 45 Vol. 33, Page 460 September 21, 1999 1 -City Attorney Richard. Rudnansky announced the following matters to be addressed 2 during "Closed Session: ~ ' ` ~ ' 3 _ .. ;~ 4 CONFERENCE: WITH REAL PROPERTY NEGOTIATOR Pursuant to Government .Code' :Section 5 54956.8. Property: 4104: Lakeville `Highway, Assessor- Parcel .Numbers 017-1'70-002 and 068'-010-026'; 6 .Negotiating Party: Frederick:.. Sfouder. Under Negotiation:. Price, Terms::of,Fayment, or Both. ' (Gray 7 Property) ~ :. .. ~ . 8 9 CONFERENCE; WITH LEGAL COUNSEL, EXISTING LITIGATION' (Subdivision (a) of Government Code 10 Section 54956:9) Signs vs. Qity of Petaluma. Sonoma County Superior Court Case No. 2179~91,. 11 .. :. .. 12 CONFERENCE WITH LEGAL,000NSEL ANTICIPATEDLITIGATIO.N -Initiating Litigation. Pursuant.to 13 Governmenf Code. Section 54956.9 (1 matter) ~ : , 14 - ~ .. _ ' 1~5 ADI:OURN 16 _ .- 18 19 RECO(VVENE 20 ._ . 21 Thee City Council reconvened at,7:00 p.m. on this date in the Council Chambers: 22 23 ROLL .CALL 24 25 Present:. Caller-Thompson, Hamilton, Healy,. Keller, Maguire; Thompson, Tocliatt 26 27 Absent: None 28 29 PLEDGE OF ALLEGIANCE 30 ;31 At the request of'M,ayor Thompson, Mary`Tupa led the Pledge of Allegiance.... 32 33 MOMENT OF SILENCE 34 35 At the request of` Mayor Thompson, a Moment of Silence was observed'. 36 37 PUBLIC COMMENTS 38 39 Geoff Carfw_right, 56 Rocca Drive; ,spoke regarding a presentation he made. at the 40 Sonoma County Board of Supervisors meeting :about flooding pcoblerns jin Pe#aiuma 41 and suggested having Petaluma Community Access. (PGA) :film .the Supervisors" 42 afternoon meetings. Supervisor Kerns had commented..faanding would not be>a problem 43 since the Petaluma City Council .had recently`increased_funding, to PCA. 44 _ 45 Planning Commissioner .David .Glass updated the Council ree~arding the. City's Planning 46 Commission's decision to .rescind the Baker Sfree Bar's icense (use perrrmit). It passed. 47 on a vote of four (4) to, two (2) with Commissioners Barrett,- Broad, Healy sand Glass 48 voting in the affirmative. September 21, 1999 Vol. 33, Page 461 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3~8 39 4.0 41 42 43 44 45 46 Terrence Garvey,: 83 Maria Drive, encouraged. Council to change the Council meeting date from Monday to Tuesday'in recognition of the Jewish holiday, Yom Kippur. Maria Biasefto, 2980 Whfe Ololer, Sonoma, spoke regarding the care and. welfare of animals and the Humane Society's cut back of funding. She stressed the importance of the Shelter. Council Member Keller commented that the Humane Society .canceled its contract with the City of Petaluma and was concentrating its efforts on having one shelter ifor the;~~ County. He stated that the Petaluma Shelter would be rebuilt and operated at the City's expense. Council Member Torliatt explained that currently City employees staffed.. the Shelter and Council had created an Animal Advisory Committee to address animal care and protection issues., Alice Bonomi spoke against cruelty to animals.. Bob Martin, 171. Payran, spoke regarding Stony Point Road improvemenfs'approachng Denman Flats and. expressed his hope that it would comply with.. the Council's Zero Net Fill Ordinance. ~ _ . Mark Meinhoffer, 1;30 Bond Avenue, spoke against growing marijuana `for„medical use in a residential neighborhoods: City Manager Fred Stouder introduced a Rotary International Exchange Student... COl1NCIL CONIIVIEIVTS Council Member Caller-Thompson announced that she had attended Saturday's "toilet give-away." Timers, low-flush toilets, water conserving shower and faucet heads were given to the public, :and she applauded the public's participation. In addition, she had; received a call from a constituent concerning the Payran Railroad Crossing being inoperable at :times. Also:, she had: a conversation. with Kathy Derenzi regarding traffiie problems at Old Adobe School and. read a letter from the Sonoma County Board. of Supervisors in this .regard. She commented that the County had done nothing about posting traffic. safety signs. She expressed concern and asked that City Management. be responsive to the community about traffic areas where safety-signs were needed. Director .ofEngineering Tom Hargis announced that one. ;hundred twenty-seven (1.'2.7). toilets were still available for distribution; over eight hundred seventy (870.) .low-flush toilets had been given away. Council Member David Keller wished the Jewish Community a Happy and Prosperous New Year and thanked Mr. Garvey for his comments. He requested the Council Vol. 33, Page 462 September 21, 1999 1 schedule. an agenda discussion and: pos_ Bible action. to send a letter to the -State Public 2 Utilities Comrnissipn (PUC) about the proposal by PacBell for an overlay or breaking up 3 of the zone into separate new zones., He stated that person"ally he did not want to `see 4 an overlay now, or atanytime in the future.. 5 6 Council.. Member Torliatt supported Council Member Keller's suggestion ;and noted that 7 the issue had been raised six to eight months ago: She asked City" Management to 8 report whether any action had been `taken.. 9 10 UNFINISHED'BUSINESS' 11 12 9. Status Report on Y2K Preparations 13 14 M.r;. Stouder introduced. the City's Y2K Consultant;. ,Mary Tupa, who had chaired the 15 City's." departmental committee to assure the City's progress and. readiness in 16 preparation for pofential fechnologicaf glitches that ma_y result during transition °irito `the. 17 year 20Ob. Ms.; Tupa_`met regularly with City" Management to review reports from each. 18 department, and monitor testing of various ;equipment. A detailed ,report was: distributed 19 to Council. He added that Ms: Tupa had another presentation scheduled that would; 20 ,occur before the New Year to update Council of` the status. 21 - " ..,. 22 Mary Tupa, Y2K' consultant; announced that. there .were one hundred one ('10,1) days:, 23 four {.4) hours.,-..and twenty-seven {27) minutes remaining before the New Year.. 'She 24 reviewed _the, :"status of the City's preparation :for Y2K and stated the City of Petaluma . _ 25 "was p"repared. She ummarized a written report;that detailed the steps and contingency 26 plans establi"shed. The report had been distributed to -the public and she added that 'it 27 was available at the. City's website along .with another' document entitled "Y2K-=What To 28 Do.,".She then provided a Y2K Information Telephone Hotlihe number, (7b7.) 776-36.07, 29 for the public fo calf regarding Y2K preparedness information. 30 31 Council: Members Caller-Thompson and Torl-att thanked Ms. Tupa and the _32 Management Team for their Time and effort on this project-.- 33 " 34 1"0. New Wastewater Treatment Facility Project:- 35 36 Mr::Stouder reviewed. 'the Resolution f.or 'the new wastewater treatment' facility° project 37 and. introduced Mike B`an, Utility Engineer, fo answer questions.. 38 - 39 Mr,: Ban introduced consultant team.. members that included :Pat Gallagher from .Camp:,. 40 Dresher & McGee; Gordon Kulp ,of Smith, Culp .& :Associates; 'Marv Weiner from Brown 4.1 & Caldwell '(lead person regarding wasfewater rates); and Bill Feist fr„om Brown 42 Caldwell He asi<ed if Council. had any questions regarding the Resolution 'that 43 terminated the: privatization process. 44 45 A. Resolution Terminating Privatization, Process. and Establishing City 46 Ownecsh'ip of New 1Nastewater, Treatment Facility. 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 September 2l, 1999 Vol. 33, 'Page 463" Mofion: Council Member Keller moved, seconded by Maguire, to adopt Resolution 99-189 N.C:S. and incorporate the following changes: (1) At page 3' of the Resolution, first bullet, "Requirement of fair Market. Vatue Purchase," last sentence, to read: "The price of the facility ,could not be fixed in the contract, but would depend on the. value of the facility at the time of the exercise of the option, thereby putting the 'City and rate payers at risk of having to pay for .part of the planf twice (added words underlined); and (2) At page 3, under "Third Party Services;" add a fourth bullet that read, "Inability to agree on contract language after extensive .negotiations between staff and Montgomery'lJnited Water." "Specific contract language. covering the' above and other critical issues could not b'e agreed upon." Terence Garvey,.;$3 Maria Drive,,-spoke regarding environmental issues. He stated that.. the public wanted to see the results of the request for proposal (RFP) in order to compare, engineering and construction before .negotiations with. one firm. He suggested obtaining a performance specification and allowing, qualified contractors into the bidding process. Vasco Brazil, 4'551 Lakeville. Highway .spoke against constructing, a new wastewater. treatment facility pfant° and in favor of expanding the existing plant over a period of twenty (20) years in or'de:r to build up the City's reserve accounts. He inquired if an odor evaluation had been performed and if the Cityhad a plan to control the odor emissions. Indrajit Obeysekere, legal counsel for Kaiser Permanente, One Kaiser Plaza, stated his emp)oyer .had. no objection or interest vested in the new wastewater treatment facility project; that is; whether it was private or public, and the technology used. He did state his ern,pioyer did not, want the detention ponds to be located adjacent to its property and requested the City further evaluate the site decision, He expressed concern that the: concepfual gaide roes developed by the Master Plan and included, in the Resolution may imply that Council had approved recommendations in the Master Plan relative to the siting of the ponds. He requested.. the .City Atforney review 'the wording. of the, Resolution and provide clarification that it was a matter for further discussion. Council Member. Keller thanked the speaker and, reported that Council had received. several ,letters from business owners in the. area. who were concerned about having a wastewater treatment plant adjacent to their businesses.. He expected Council to be extremely sympathetic fo those concerns. He asked that Kaiser and other .businesses; think about potential uses for that property for polishing wetlands, not secondary ponds, Vol. 33, Page 464 September 21, 1.999 1 designed for po,ls.hng the effluent prior to either reuse or discharge; that was a re- 2 creation of a freshwater marsh and :the use of .buffers such astrees and other plants: 3 , 4 Mr. Obeysekere stated he wanted to work wifh City Management ..and participate in the 5 decision-r;naking of the project since this was n.ot just a land' use issue but also a health 6 care issue. 7 8 Council Member` Healy added to .Council Memb"er Kelley's comments that. "this was not 9 the :end of a lengthy process and there were additional opportunities for citizens in the `T0 surrounding areas, to provide input.. 11 12 Council Member Hamilton commented that in the Environmental Impact 'Revi'ew (EIRj 1'-3 process; alternatives would be ,looked at and. thanked Mr. Obeys.ekere for lis 14 comments. 15 16 Bryant Moynihan, 102: Dawn Place., spoke. in favor ofi 10A and against 10B (due "to:,cost 17 and the opportunity of looking. at "other alternatives), against 10C (due fo not having 18 selected. a technology and design), and against, 10p' ,(due to concern. regarding the' 19 connection fees, especially the. commercial connection fee; calculationsj:, He stated he 20 would Like the opportunity fo review the Brown & Caldwell, report. He felt more public 21 information was needed, expressed. his surprise at not having,. a recommendation from 22 the '"Citizens Advisory Committee.; and` requested more time in looking at, all. -the 23' alternatives: 24 . 25 Council Member Torliatt replied regarding the increase in wastewater rates and fees 26 (TOD); that this"was the first of four meetings for public input. Other meetings scfleduled 27 were to take place on Monday; November 1,, Monday, November 15;, :and ..Monday; 28 December 6, ,all -af Z:00 p.m. Brown &, Caldwell's Master Plan was presented at the 29 Cou;ncil's June 7, 1999 meeting arid. had been availafle for the public to . read' and 30 provide comments since then. 31 32 Mr. Moynihan indicated he was referring to the Rate Study. 33 3.4 Mr,: Stouder clarified thee. intent "of this meeting was ~to 'introduce the: public to the 35'. proposal. Offici'ally,,; it was not a public, hearing. A flyer was to: be mailed during `the 36 week that included the date of the. public meeting and the two official public hearings #o; 37 which Council Member Torliatt "referred. 38 39 Council ,Member Hamilton announced that a copyof the "Draft.. Interim 1Nastewafer'Rate. 40 and Connection Fee Report" was available at the CityClerk's Office. " 4'1 . 42 Mr: Stouder preferred those .requesting; information go through, his office and he would 43 maintain a`list so follow-up documentation could be fonniarded to'interested parties. 44 45 Motion: Council Member Keller again moved,. and seconded by Maguire; `to. 46 adopf Resolution: ~9:9-1`89 N:C:S., Terminating Privatization ..Process September 21, 1999 Vol. 33, Page 465 1 and Establishing City Ownership of New 'Wastewater Treatment 2 Facility; as amended. 3 4 Motion Passed: 7/0/0 5 6 Council Member Maguire added that the .following items, B, C and D, were the:resulf Hof 7 prior Council's extensive review and direction and City Management had answers to .any 8 questions posed by the public. 9 10 B. Resolution Approving Wastewater Treatment Master Plan. 11 12 Mr. Stouder reviewed the second Resolution, introduced during the summer; 13 recommending approval of the Wastewater Treatment Master Plan. Previous 14 discussions ,had not allowed Council to pose questions to the various participating 15 consultant team members. He introduced Mike Ban, Utility Engineer, to give an update 16 and provide additional information if requested. 17 T8 Mr. Ban reviewed the .Resolution approving the ~1Nastewater Treatment Master Plan. 19 The recommended project in the Master Plan was a wastewater treatment facility that 20 emphasized the use of low technical processes.. He stated that this proposal had rmany 21 benefits, but also `some concerns. Concerns :included individual processes proposed 'in 22 the Master Plan that had ,never been combined before.. He stated he was unaware of 23 any treatment facility that had attempted what was proposed.. A couple of the treatment 24 technologies, the advanced facultative ponds and the treatment wetlands, had not been 25 built to the scale that was under .consideration. Another concern was that of the bio- 26 solids management program's potential for generating odor. He stated that the stringent 27 permit requirements made. these concerns. even sfronger. Several independent experts 28 who had reviewed `the Master Plan echoed City Management's concerns. For those 29 reasons, it was recommended that the Wastewater 'Master Plan. be approved on a 30 conceptual basis #or"development of the new wastewater plant. This would allow for 31 greater scrutiny of what was proposed and a determination if it was appropriate. 32 33 Council Member Maguire asked. if Brown & Caldwell was provided the general 34 performance criteria used in the development of the technology foc the privatized 35 approach. He queried if they had experience in all the standard engineering` processes 36 and if the `individual components of each part of the proposals were tried, tested and 37 proven. 38 39 Mr. Ban responded in the affirmative.. He added that the one concept that had not been 40 fried was. th`e concept: of using ,the treatment wetlands as pre-treatment for filtration; 41 however, there existed some. evidence that it would work. 42 43 Council Member .Healy inquired if City Management recommended Alternative 2. He 44 asked if City Management wanted authorization to proceed to. the next level of: design 45 detail to work out the concepts, determine if some of the. very valid concerns raised by 46 experts could be allayed, and at what additional cost. He also asked if additional Vol. 33, Page 466 September 21, 1999 1 features of the proposed design would be considered when taking. the project to the 2 next level of design and 'if an analysis of the "concerns raised. by the experts would be ~3 addressed. 4 .5 Mr. Ban replied that- the approach was to answer any questions that might arise 6 regarding, a conventional process and any benefits.. that: a conventional process would 7 ":have. The first' phase, of the design effort was to look at what was proposed in the 8 Master 'Plan and` determine if if was the direction of choice,, whether additions to the 9 "process were needed, or to look at other options because. of the risk factors. L0 11 Council Member Healy stated he wanted to 'build into the process an "apples to apples" 12 ,comparison before proceeding because he was not comfortable-choosing one propo"sal 13 over another without ,more" .information... He thou"ght thaf Cify Management should look 14 at the Montgomery design charts that: compared private ownership with public 15 ownership He was concerned about the risk. factors raised by the experts. 16 17 Council Member Maguire replied #haf the Montgomery design was not what an engineer 18 would calla tandard desigp because it used a bio-..lack system not found. in a standard 19 plant. He stated' that the objeeti've was to :develop a design fir a plant, Ghat would be; as 20 cost-effective andenergy-efficient. as possible, as well as in harmony with natural 21 processes. He was comfortable with City Management's.recoimmendations. 22 23 C.o.uncif Member Heal",y agreed-that, energy intensity was, a valid concern: He' added that 24 design of a .plant that would reliably 'produce the highest quality effluent had not been 2'S addressed to his sa_ t_ isfact_ion. 26 27 Council Member Keller stated that the low=.tech. user of constructive wetlands for . 28 wastewater treatment was not a new concept. He asked'. if Brown & Caldwell had 29 determined. if this particular- combination existed elsewhere. ale stated that: Alternative 2 30 gave the. City a path to begin the process and address problems :as they .arise. He 31 stated that the Council would, never go through this process without doing the 32 comparison referenced by Council Member Healy. He .empriasized the. priority was to 33 have City Management and the consulting. team on line with a_ direction to proceed and 34 to answer questions through the public forum process. 35 36 Mr. Ban stated that City Management supported a rigorous analysis or compar'isori. 37 38 Council Member' Hamilton supported approval of the Master Plan as the conceptuaP 3.9 basis. for the design of the new wastewater treatment facility. 40 41 Council Member Torli_atf agreed that a good wastewater treatment facility would get -the 42 best water quality using natural processes at the, best .rate possible; She wanted City 43 Management to: further examine the: seismic: and soil .issues. She inquired ifi City 44 Management-was, prepared to provide comparisons of "less risky" processes and what 45 alternatives were available. 46 September 21, 1999 Vol. 33, Page 467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 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 Council Member Healy stated in the City Management report, Dr. George Tchobanoglous cautioned' Ghat there. was little evidence that constructive wetlands would remove algae consistently during the fall and spring and he wanted it addressed. He was not in a position to select. a tech. nology at this. point. He was prepared to support the Resolution with an amendment that a comparison study with a more conventional design was performed and brought back to Council. Mayor Thompson agreed with Council Member Healy. Mr. Ban stated that-one of the first tasks for the engineers. was to review the Master Plan and perform. a rigorous analysis. He asked Council to clarify interest in bringing forward several different designs:. Council Member Maguire stated he was not in favor ofi bringing forward additional designs. Couricil .had been thr,.ough this process a number of times before and he thought the rigorous peer ..review suggested by M:r. Ban was sufficient. He was confident that the desgn~Brown &'C'aldvirell had. developed would withstand.significant peer review. - Council Member Healy suggested. a: Motion be made that authorized City Management and the .consultants to take the Master Plan design to the next level, spend the funds necessary .to accomplish that; try to answer all unresolved issues, and provide an "apples to apples"~.cornparisori to a-conventoona(plant of City Management's. selection. ~.. Council. Member Maguire stated there-.;was no off-the-shelf design to do that type of comparison: - ' - - Council Member Healy expressed concern. about unresolved technical. issues with the Montgomery design. He wanted a comparison, a reality check, of this design versus a less cutting-edge design. Mr. Stouder replied that the engineering team evaluated issues in the Montgomery report, and at the end of the process, concluded the design would not work. ing. Mr. Ban assured Council that whatever proposal came forward from the engineer' team was backed-one hundred percent (1.00%). They were not willing to put their firm's .reputation out on the line. He suggested, that "the next. step in the analysis of the Master Plan was that City .Management would. provide alternatives if needed. Council Member Keller wanted to move forward with the Resolution with no amendments. He wanted to find out if the Master Plan worked. Motion: Council Member Keller moved, seconded by .Maguire to adopt Resolution 99-190 N.C.S. Approving Wastewater Treatment.: Plan as amended. Vol. 33, Page 468 September 21, 1999 1 2 3 4 5 6 7 8 9 10. 11 1.2 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 4.0 41 42 43 44 45 46 Council. Member Cader-Thompson stated she shared some of Mr. Healy's concerns. She thought a comparison was already provided for. She was in favor of approving, the Master Plan. Mayor Thompson stated that. without an amendment to the Resolution he would not support 'it. Counci Member To;rliatt thought, the Resolution provided the .latitude. that was .needed and strongly suggested status reports. along the way. Mr. Stouder reminded .Council that. this'was an eleven (11O year ol'd community issue.. In seven (7) of` those eleven (°11) years, the City had spent three: million -dollars: ($3,000,000) on studies .and. analyses.: This; was afifty=six, million dollar ($56,000,000) plant and .for each year of delay,.. another one milliorr~dollars ($1.,0.00,000) was spent. This was fhe biggest. capital project that this City .Council, would probably ever address: He continued thaf he thought there was nothing wrong with split votes; however;, if there were ways to provide assurances to some Council. members," die was :ri`favor of that. Council :Member Torliatt stated thaf every decision the: Council made carried risk of various degrees.. Taking this step forward was necessary to evaluafe the ;ne,ed`s of the ;project. ~ . , . Council Member Maguire inquired if Mr. Ban would come 'back for full updates ;at eery milestone in the process, keeping the Council apprised of any significant developments. Mr. Ban stated that. Council would be fully apprised with updafes of any significant developments along the way. Recess.:: '9;20 p.m. Reconvened: 9:30 p.m. Mayor Thompson .called for the vote regarding, 1 O B. Motion Fasse_ d: 5/2/0 (:Healy and Thompson voting. ''No'`) Council Member-Maguire-expressed, dismay at the two "No" votes and commented that the majority of the Council believed .the'wording of-.the Resolution was flexible enough to address their concerns, directly, thoroughly;, and, appropriately. He was sorry that. Council could, not come to a unani,mous;;agreement. Council Member :Keller agreed with Council Member Maguire about `tle sentiments raised 'by Council Member Healy and Mayor Thompson and expressed that 'it was _ _ unfortunate that the language of the. Resolution did not. -suit their preference. The reality was that the comparison would get done. September 21, 1999 Vol. 33; Page 4'69 1 C. Discussion and Possible Action on Method for Procurement of New 2 Wastewater Treatment Facility. (Ban%Stouder) 3 4 Mr. Stouder introduced, the third Resolution ,that. was the discussion and possible action 5 for a procurement. process for the treatment plant consistent with Item 10 B. 6 7 Motion: Council .Member Maguire- moved, seconded by, Hamilton, to adopf 8 Resolution, 99=1..91 NC.S..to proceed with a Procurement Method 9 for a New Wastewater Treatment Facility. 10 11 Council Member Healy stated that he felt that Mr. Gallagher's memo was quite 12 compelling in looki"ng at some of the alternatives. The Design Construction 13 Management Concept ,may hold some potential for savings; however, he thought it was 14 unnecessary to go through a sfudy to accomplish that.. It could be considered and used 15 .as a minor modification to the traditional'' procurement process. With that.. comment, he 16 stated he was prepared to support the Resolution. 17 18 Motion Passed:.: 7/0/0 19 20 21 D. Introduction on.Proposed Increases to Wastewater Rates and Fees. 22 ~ ... .,-. 23 Mr. Stouder introduced the fourth Resolution regarding proposed wastewater rate 24 increases. He indicated' that a series. of public meetings and public hearings were 25 scheduled and then asked Mr. Ban for a brief introduefion of the item. 26 27 Mr. Ban introduced Brown & Caldwell Chief Economist Marv Winer, to provide to 28 Council a presentation that would -show how the proposed rates were developed. 29 .. .. _ 30 Mr. Stouder noted. that the issue had been preciously introduced in concept acid Council . 31 was aware that the dolPars, presentations, and` reports'c.ould be made available at future 32 meetings. ~ ~~ 33 34 Council Member Keller stated that the public: would be better served if ;the presentation 35 happened af:the first ofithose meetings. '~ ~. 36 ~ . . - . , 37 Council Member Torliatt asked whom: the public should contact with questions and 38 requested a brief taternent ;of what was proposed. - ~ - 39 40 Mr. Ban replied that .the proposal for the next five (5) fiscal years included about eighty 41 million dollars ($80;000.;000); -the b.u.lk of which was for the. new wastewater treatment _. , 42 plant. To support the project, City. Management:. :recommended aseries of rate 43 increases for both residential; industrial/commercial ,rates;: and an .increase in 44 connection fees.: A public nofice would; go out thisweek notifying the public of tf1.e 45 proposed action:.The public.could call Mike Ban at 778=4488 with'questions about~what 46 was being proposed or to request a copy of the. Brown arid Caldwell report. Vol. 33, Page 470 ,September 21, 1999 1 ' ., - ._ 2 Council Member Torliatt wanted. a~notice inse:rted in the. City's sewer and; wafer billings. 4 Council Member Cader-Thompson commenfed that;: to .date,,, .Petaluma had the lowest, 5 rates in Sonoma .County-and during the eleven .,(11) year process of- determining what 6 type of sewer plant was needed, `the. rates`were never raised.. 7 - 8 Council Member Keller staled that the `C:ity had.'taken.cap;ital funds collected for t`he new 9 sewage'treafinent plant improvements and spent them to subsidize rates. The :Cify had. 1~0, continued to use capital funds., or other income.,, to subsidize rates' in order to keep ffe 1;1 rates low and. he: thought that aspect of'financing had now come dae. 13 Council Member Healy was in favor of _revisiting rate design;. issues sooner, rather than 1.4 later,, and, wanted the Council, duc'ing the next. calendar ~ye.ar, to moue towards 15 implementing some"thing. more progressive, taking .advantage of the City's utility billing 16 software 'and encouraged conservation. He :commented that he would ,recommend the 17 formation of a Citizens Rate Design Advi'sory' Committee that was supported ~ by a 18 consultant`to deliberate and come back with a proposal.. 19 20 21 2;2 23 24 25 26 27 28 29 30 3'1. 32 33 Council Member' Hamilton stated she was also interested in a progressive ..rate structure and thought the' entire Council supported this. Council .Member Maguire requested: that. the rate. study be brought .back. as: soon as possible ,and :that 'it be a .progressive rate structure that. enabled those who conserve to hate the least economic burden. ' ;. No. Action Taken. - -. ' ~ ~. 11. Continued Discussion and,'_Possible Action on' Establishing the Allocation Pool for Residential Subdiuision_ Allocations. 'for the Year 2000 Calendar Year and' Reservation of -Allocations for the Year ~2Q01 Calendar Year. (Continued from. March 17, 1999 Meeting) '~'' 34 Associate Planner. Hans -'Grunt reviewed th'e proposal and stated that: the .Petaluma 35 Residential Growth 'Management Ordinance ~regulate.,d the rate at which. residential. 36 parcels and units were ;created within `the City of'Petaluma; that rate not to exceed 5.00 37 units. per year The .Ordinapnce established an annual process-by which the City Council 3:8 created- aril ,distr"ibuted a` ool of allocations,. Allocations allowed a property owner or 39 developer to. apply for approval of market' rate residential developments in excess -of 40 thirty (3Q) units'. This included, major subdivisions 'and market rate 'apartments. Chapter 41 17..26 of the `Petalu_ma. Muri;cipaL Code required tf1e. City Council to hold a public hearing 42 to consider the establishment- of the -annual -allocation, ,pool to estimate the limits of 43 projected developrnentactiuity~for'the following two year : 'The; City Management report 44 indicated that the granting of allocations was .not. a .;guarantee that the City would .. 45 -eventually approve -a given project. ~ In March 1999, °the, Plan:rung 'Department received 46 four allocation applications; for:' `.thee year 2000;- ;for acombined' total of one hundred September 21, 1999 Vol. 33, Page 471 1 ninety-five (195) allocations. Applications.for acombined total of three hundred fifty- 2 seven (357) allocateion reservations for the year 2001 had been received. They included 3 Oak Creek Apartrraents' at Graylawn Avenue., Magnolia Park residential project proposal 4 off, of Magnolia and .Gossage.,. Hi]Iside-'Village, off. of Windsor Drive, and Traditions, 5 located at Sonoma Mountain Parkway and Maria Drive.. 6 y 7 The Growth Management Ordinance established that reservations for allotments for the 8 year 2001 shall not exceed two hundred fifty (250).... This provision was to assure that a 9 meaningful' number of:allocations.~.were available for additional or alternative residential 10 development proposals. The draft Resolution granting one hundred ninety-five (1'..95). 11 requested allocations for the year 2000 also reflected a reduced distribution of tw.o. 12 hundred fifty (250) total reservations for the year 200.1.. Applications for the year 2000 13 allocations were previously discussed by Council in May. 14 15 The Council acknowledged that the granting of allocations was not an entitlement for 16 development. However, with the: potential, development presented by the requests for 17 allocations, the- Council voiced .,concerns,. including but .not limited to, potential drainage 18 impacts resulting from new developments. In May; a decision to grant the year, 2000 19 allocations and the year 2001:. reservations was suspended by Council pending . 20 completion of` the Interim Storm Water Detention Feasibility Study that was 21 subsequently presented to Council in August. The applicants and/or representatives of 22 the applicants of the four applications were. present to speak to specifics of their 23 projects. 24 25 David Reese, 4300. Gossage Avenue, spoke against the Magnolia Park allocation and 26 expressed his concern about the loss of open space. 27 28 Robert Maser, Neighbors for a Better Petaluma,,-2340 Western Avenue, spoke against 29 the Hillside Village. allocation and stated'that current taxpayers ultimately pay for growth. 30 31 Murray Rockowitz, 11 Eddie Court, spoke against the Magnolia Park allocation. He 32 stated that many people. were in .favor of eliminating the chicken ranch, but. would like to 33 see it done in a responsible: manner. 34 35 John Cheney, 55 Rocca Drive, spoke against the Oak Creek Apartments IT and the 36 Hillside Village allocations due to flooding issues in Petaluma. 37 38 Jennay Edwards 905 :Samuel Drive, spoke against the Gossage/Magnolia allocation 39 due to flooding and traffic circulation issues in Petaluma. 40 41. ;Bill Bennett; 2902 B.odega Avenue, spoke against: the Hillside Village allocation and 42 about flooding issues in Petaluma. 43 ~- 44 Bill Phillips, 824 Blossom Court,, spoke against the Gossage/Magnolia allocation .and 45 :expressed traffic congest"ion. and safety concerns. The neighborhood's sentiment was 46 negative and full of concern., Vol. 33, Page 472 September 21, 1999 ,~ . 2 Virginia Schaible, 81';0 .Blossom: Court,, spoke against~'the Gossage/Magnolia. allocation 3 and in favor of. progress with planning and foresigh"t by the City of Petaluma. 4 5 Rick Ramstead, 955 Gossage Avenue.; spoke against the 'Gossage/Magnolia, allocation 6 due to the density and wanted Council to consider separating~ahe two properties. as two 7 separate projects. 8 9 C arissa Ramstead; 955 Go sage.Avenue;, spoke. against, the Gossage/Magnolia 10 allocation and indicated drainage;.,pollution,, and fraffie as`issues, 11 ~- ~ -~. 12 Geoff Cartwright 56 Rocca Drive, reminded `Council about ongoing development in ;t3 Peta'luma and he negative. impacts of.'building in the floodplain. 14 _ ~. 15 Bill Cox, 1`109. Birch Drive:, spoke against the Gossage/Magnolia allocation and 16 associated traffic safety concerns. - 17 ,. - 18 George Spragens, 1.01 Bodega .Avenue, spoke in favor. of Council reaffirming their 19 commitment to housing density as established in the General Plan.. 20 21 Mark. C. Johnson,_J. Cyril Johnson Investment Corporation, 125' 1Nilfow Road, Menlo 22 Park; stated h'is projected project tied in with the objectives that the 'Council had outlined 23 for the. year 2000. allocations. In redesigning the two-story project, the flooding; .issue: 24 was addressed, and the project did not lie in the floodplain: He had .consulted with. a 25 hydrologist and, determined that the first phase, of Oak Creek`.was built. with a significant 26 amount of detention capacity and this project would .use that capacity,: He w,as; 27 confident that if would. have a :zero net runoff in_ a one percent (1%) storm.; He 28 continued that this project would incorpoirate the River Enhancement Plan and include 29 bike trails and pedestrian paths and certain park-like features. 31 Dan Aguilar, Mission Valley Properties, .500:0, Hopyard, Pleasanton; spoke in favor of the 32 Magnolia Park allocation:, Two previous. designs had been denied allocation. 'The 33 present conceptual revised ..,plan included suggestions made by Council at- the May 34 hearing that focused specifically on .the Magnolia .site.: Tlio ,plan, reduced the density 35 from forty-two (42) to .thirty-three (33) lots, reduced the size of the lots. to four thousand. 36 five hundred (4;500)° square feet.. and reduced infrastructure. The: largest .lots facing 37 Gossage were one-half (1/2) acre lots; lots on the north side of the property averaged a 38 third `(1/3) of an acre..,, and the lots on the south side,, adjacent. to the existng.subdivision; 39 were a quarter ('1/4) of an acre. Eieven (11°.) acres would be dedicated as public open 40 space and proposed ce-vegetation of the park site at a ratio of three (3J trees'for every 41 tree cut .down last summer. - 42 _ .. . 43 He stated. that the storm ...drain issue was addressed and'part of the conceptual.. proposal 44 was to create three .detention ponds, ih the, Magnolia site for excess storm drain runoff 45 after eliminating some of the .nitrate problems. produced from the chicken, "ranch. A 46 roundabout' was suggested in ~tfeir propo"sal, as a solution for •traffic congestion. He September 21, 1999 Vol. 33, Page 4.73 1 stated he .had worked with the :neighborhood since May and asked Council `to show 2 good faith and approve the requested allocation. 4 Council Member :Healy' asked what would happen to the Magnolia parcel should Council 5 not grant the allocation, 6 7 Mr. Aguilar replied that the McNear Trust owned they property and they had a buyer who 8 would take it to the County for approval under the County zoning. 9 10 David Bradley, Ryder Homes, 1425 Treat Boulevard, Walnut Creek, spoke in favor of 11 the Traditions No. 4 allocation. He briefly stated that the Traditions property was 12 currently designated under the existing General Plan as a mixture of urban diversified 13 and urban high, w.as .located, within the. approved C,orona/Ely Assessment District, and 14 was part of the C.orona/Ely Specific Plan. He emphasized that it was not in the 15 floodplain and studies were performed to determine excess runoff being detained on 16 site, similar to the Heritage subdivision site. He-felt that the property constituted an :in- 17 fill location within the City's existing IJGB (Urban Growth Boundary). The type of 18 housing had not been determined to date. Thee contract with the Brodie family was for 19 the urban diversified portion of the property :which was five to ten units per acre so 20 various product types were being considered. 21 22 Steve Arago, 1140 Daniel Drive, spoke..in favor of the. Magnolia Park. allocations since 23 two-thirds (2/3) of the plan was designated as open space -and there was a mitigation of 24 tree replacements. at the ratio of three (3) to .one {1) for the total number of trees cut. 25 His motivation was to try to develop some open space for the neighbors. 26 27 Council Member Hamilton voiced her disapproval of the City's allocation process. She 28 wanted City Management to assist the Counci in finding a way to allow proposals: to 29 move forward so Council could get into the substance of the ,proposals and make the 30 appropriate decisions without granting a certain number of houses. 31 32 Hans Grunt, Associate Planner, stated that Council could grant one allocation per 33 applicant allowing them to "get their foot in the door" for a subdivision map;. That would 34 allow them. to. reapply next year for allocations deferring the spread of the number of 35 units for°th`e project if it exceeded' some granted amount. 36 37 Council Member Hamilton stated that this process would permit Council to get closer to 38 knowing what was proposed and provide criteria to determine what number might be 39 more appropriate. 40 ° 4;1 Council ,Member Torliatt was. in favor of a Resolution that rescinded the existing _ 42 allocation process and provided alternatives for improvements. 43 44 Council Member Maguire asked. if one (1) allocation was needed in order to obtain the 45 actual_details of the project. 46 Vol. 33, Page 474 September 21, 1999 1 Mr. Grunt. replied thaf a package could be submitted for the granting of one (1) 2 allocation to .allow the [Planning] Commission and Council to fine-tune fh~e proiect 3 through the public review process.. 4 5 Interim Planning Director Vin Smith clarified that the granting of allocations did .not 6 guarantee approval.. of a project. The :ordinance allowed the Council to set a pool and 7 grant. allocations in March. If there were unallocated units at the end of May, then there 8 was. a second. opportunity: He agreed than. an examinatioco and irnprovernent, of :the 9 allocation process was in order.. The alternative. presenfed would allow the,applicarits to 10 continue with the application process to make their. tentative map applications,,, but 11 would sflL regui_re them to go through the environmental review and public. hearing 12 processes. 1'3 14 Council Member Hamilton agreed that. a ..redesign of the Growth Management 15 Ordinance w,as;needed. 16 17 Council Member Healy ;agreedthat the Qrdinance, as, .currently constructed, had 18 outlined its usefulness and. needed to be .overhaul'ed. Regarding the granting of one .(1) 19 .allocation. ao kee the ro'ects ;movin-" p p ~ g, he indicated it was important,, ~as Council 20 struggled with the process.,. to take action that made sense to the neighbors and t;he 21 applicants. Council Member Tgrliatt warited to encourage the Traditions project because of its close proximityto the:rail system.; 26 Council Member Hamilton agreed with CounciC Member Torliatt. arid` wanted to allow 27 Traditions.one (1) allocation. 28 29 `Council Merriber Torliatt wanted more than one (1) allocation for the Traditions project; 30 but only one (1)' for each of the other projects. `31 32 Council Member Keller agreed with Council. Member Torliatt in granting, forty-:eight (4'8) 33 reservations. He'was willing to grant allocations'to Oak .Creek and' Magnolia, under the 34 condition that ..Council be provided with specific:. plans for (heir development. He stated 35 he wanted fo see higher density and smaller housing in anticipation of the East'Side rail 36 being developed as ~~a fufure transit stop. He was not willing 'to. grant an allocation to 37 Hillside Village: . 38 39 Mr. Grunt stated that the Oak Creek request was consistent with the General Plan 40 densities. 41 42 Council Member Maguire stated :he .was not. willing to give any allocations to Hillside 43 Village due fo ;ifs high density. He agreed. with giving' Traditions allocations of"fi~e "(5); 44 plus seventy (70) or more for the following year,: He appreciated. the efforts of Mr.~ 45 Aguilar and was 'in favor of one (1) allocation for 2001 to. Magnolia.. Regarding Oak September 21, 1999 Vol. 33, Page 475 1 Creek Apartments, he felt the drainage issue .needed to .be addressed, was willing to 2 give ninety (90) allocations for the year 2001, but with "no guarantees." 3 4 Council Member Caller-Thompson had no problem with Traditions, except she wanted 5 to see higher density in that area. She did have concerns about Magnolia and wanted 6 to keep the two properties: separate- and preferred waifing for the General Flan to be 7 processed. She :also wanted to wait on Hillside until 'the General Plan was processed.. 8 Regarding Oak Creek, she was willing to give one: (1) allocation in order to evaluate the 9 flooding issue. 10 ll Council Member Healy inquired whether the applicant for Hillside Village would be 12 interested in a number of allocations in the sixty (60,) range rather than the two hundred 13 forty (240) range. He had. asked Mr. Varnhagen at a public hearing approximately one 14 (1) year ago if he would be in .favor of a reduction. He thought that the applicant' was .. 15 not in favor of a reduction. He wondered.'what the County's response would be, should. 16 the Magnolia parcel return to them. 17 18 Mr. Grunt responded Ghat he was not aware of the applicant`s intentions for Hill's_ide 19 Village. Regarding Magnolia, he thoughf'that the County would likely refer the project 20 to planning staff for their comments.. 21 22 Council Member Healy, asKed Mr: Aguilar if one (1) allocation resolved his problems with 23 their current contractual situation. 24 ' 25 Mr. Aguilar replied that h~e would have to re-approach the owners on this issue. There 26.. was no assurance in terms of density... He stated. that at the neighborhood meeting he 27 had, approached M'r. Tomasini of Cypress Cemetery about co-annexing his property in 28 conjunction with .Magnolia with the intention of carving" out. another one and one-half .(1 29 ?/z) acres- on the north side of the property that abuts the park site. Mr. Tomasini was 30 more than willing to an"nex both pieces providing that Mr: Aguilar's firm could help him 31 split his'two-acre parcel .into two one-acre parcels. 32 33.,~Council Member .Healy stated he was comfortable granting: the allocations requested for 34 'the Magnolia/Gossage parcels and pointed out that there was no legal distinction 35 between granting one ,(1') allocation and .granting the full number. In either case.,. it 36 allowed the process to Start. He felt that granting one (1) allocation would. cause the, 37 ~ whole project to disappear and the City would lose the opportunity for a park and open 38 space.. He agreed with the neighbors that further issues needed to be addressed as the 39 project moved forward. 40 41~ Council Member Hamilton inquired why Magnolia would disappear and Hillside would 42 keep coming back. 43 44 Council Member .Healy responded that Hillside would come back due to the nature of 45' the ownership and the parcel. If the Magnolia application was denied, an opportunity. for 46 eleven (11) acres of open space and parkland would be lost. The voters were told last Vol. 33, Page 476 September 21, 1999 1 year in supporting, the 'Urban, Growth ,Bound'ary' Measure that this parcel was good for ~ . 2 sixty (60) units .of housing, The .Council would undermine the 'analysis done for -the UG,B '3 ,if they did .not allow for the. densities that were .supported: He also supported the: full 4 number of allocations for'the remaining three (3) :applications. 5 6 Council Member Torliatt stated sle wanted to: see more than the two (2) story 7 apartments the design. plans fo,r the `Oak Creek property. She expressed her concern 8 regarding :Oak. Creek. and Hillside `Village because of flooding issues .and the pending 9 Watershed Study. . 10 11 Council Member Keller asked. Mr Aguilar what would happen to his proposal if' the 12 ;allocations were aplit so that there. ,was an allocation of some units for the Magnolia 13 property; brut not `for the Gossage property. 14• 15 Mr. Aguilar ,responded that. he wotald not proceed with the:- proposal if that were the case 16 .because the parcels were: integrated. The Gossage piece was attached to take the 17 pressure off the M:agrolia site and, at one time, if was one ('1) project, but' it had since 1'8 been. bifurcated .because the .road did n:ot go through an`d on paper, i,t was. 'two . (2) 19 separate projects,: ~ . 20 21 Council :Member Keller stated that ih granting an allocation to :Magnolia, he wanted; to 22 ace Borne .planning, done for the whole block. If the City were to receive. plans for one _, _ 23 (1) ;parcel at ~a. time there could be no coordination of City services:; traffic.; and streefs; 24 leaving the. City with a very expensive piece of real estate; unlessthere was: an 25 assessment district formed that; would pick, up the. tab ;for everything that: needed to be 26 done. _ 27 _ ;. 28 Council Member Cader-Thompson agreed with Council Member :Keller and tated'that 29 Council had the: opportunity to improve this process:. 30 . ~. . 31 Mayor Thompson'took a poll for each :of'the applications. 32 33 Motion: Council Member Maguire moved,, seconded by Keller, to adopt 34 Resolution 99-192, N, C S. granting zero (0) allocations for -Hillside.: ' 35 Village for tle•year;2000 and 2001.. ". 36 _ 37 Motion Passed: 7/O/0 ~ ~ _ 3.8 ~ ~~ - 39 Motion: Council Member' Maguiremoved, seconded by Hamlton,`_to ad'o;pt 40 ,Resolution. 99-193 N.C.S. granting 'Traditions an~ allocation of five ~~ 41 (5) for the year 2000 and seventy (70) for the year 2001. 42 43 Motion 'Passed: 7/0/0 44 l 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 September 21, 1999 Vol. 33, Page 477 Motion: Council Member Maguire moved., seconded by Keller, to adopt Resolution 99-194 N.C.S. granting. one (1) allocation for Magnolia Park for`the year 2001. Motion Passed:. 4/3/0 (fader-Thompson, Healy,.. and Thompson voting "No") Council Member Maguire stated that. the applicant could. proceed and request. approval of their full project, but if they received approval,. they would only be able to build one (1') unit in the year 20.01 unless the City Council amended that at a future date. Council Member Hamilton clarified. that if Council granted zero (0) allocations, the applicant was prevented from beginning the pr"ocess. If one (1) allocation were granted, the process could move°forward. Mr. Ramstead inquired how the public would be notified if the request for future. allocations took. place in ;March 2000. Mr. Stouder responded that there was a mailing: list for those who had attended this. meeting. and th~eq would receive notice. He asked. the City Attorney if any modification to or abolition of the. Growth Management Ordinance would affect projects given: approval under the existing Ordinance. City Attorney Richard Rudnansky responded that what. had been approved today could certainly be incorporated into any new ordinance; Council. could address this allocation process and revisf the whole process in general at the same time. Motion: Council Member Maguire moved.., seconded by Keller, to adopt Resolution 99-194 N.C.S:. granting ninety (90) allocations for Oak. Creek for the year 2001 with a stipulation that none of the allocations be built in the floodplain. Motion Passed: 5/2%0 (.Hamilton and Torliatt voting "No") Mr. Grunt stated that the pool added up to one hundred forty (140) allocations for the year 2000. Motion: Council Member Maguire moved, seconded by Healy, to adopt.. Resolution 99-196 N.C.S. granting one hundred forty (140) allocations for the year 2000. Motion Passed: 6/1/0 (.Hamilton voting "No") Mr. Rudnansky stated that a vote was needed on the second Resolution granting the overall allocations and reservations based on what Council decided in the individual motions. Vol. 33, Page 478 September_21,, 1999 1 Motion: Council Member Maguire moved., seconded by Keller, to adopt. 2 Resolution 99-197 N.C.S. granting the :allocations. and the 3 reservations. 4 5 Motion Passed: 7/0/Q 6 7 8 PUBLIC HEARINGS ' 9 __ 10 12. Public Comment/Di'scussion and .Possible .Action to Adopt Resolution Authorizing 11 Staff to Submit the 1.998-1999 Consolidated Ann_ u~l Performance Evaluation 12 Report (CAPER) to the Department" of Housing and Urban Development. 13 ' 14 Mr. Stouder stated that City Management did not prepare presentations, fore Agenda 15 Items 1.2,.13, and 1;4. The ifems had been "advertised and were straightforward': . 16 17 John Lowry, Executive Director of B"urbarik Housing, spoke'in favor of the::Resolution. 18 19 Motion: Cour%cil Member Torliatt moved., seconded by Maguire; to, adopf 20 Resolution, 9.9-1`98. N.C.S. Authorizing Staff, to "Submit: the 199;8'- 21 19"99 Consolidated Annual; Performance Evaluation Report 22 (CAPER) to the Department of blousing and Urban Development. 23 24 Motion Passed:. 7/010 25 26 27 13. Public Hearing for Bureau of Justice Assistance, Local. Law Enforcement Bock 28 Grant Program, for Ninety-Four Thousand Eight Hundred Fifty-Six dollars 29 ($9:4,856). to Fund Police Officer .Position Assigned fo the Sonoma County Drug 30 Task force. 31 32 Motion: Council .Member Maguire moved; seconded by Torliatt; to adopt 33 .Resolution. 99-199 N.C"S. for Bureau "of Justice Assistance, Local 34 Law _Enfo,ceement'Block Grarit'Prograrn for Ninety-Four Thousand _ _. ~. 3'S E_ight Hundred fifty-Six dollars ($94,856;) to Fund "Polcce Officer 36 Position.Assigned to the Sonoma'County Drug TasK Force. 37 38 .Motion Passed:, 7/0/0 39 " 40 14. Public. Hearing and Resolution 99-200' NC.S. Accepting Allocation of State Block 41 Grant Funds of'Approximately $114;000 for Computer Aided Dispatch System. 42 43 Motion: Council Member Maguire moved, seconded by Torliaff, to adopt 44 Resolution :99-192 N.C'.S. Accepting Allocation of State, Block Grant 45 Funds of Approximately $114,0.00° for Compufer Aided Dispatch 46 System. September 21, 1999 Vol. 33, Page 479 1 2 Motion Passed: 7/0/0 3 4 COUNCIL AND'MANAGEMENT REPORTS 5 6 None 7 8 Mayor Thompson announced that no reportable. action had been taken during Closed- 9 Session earlier this date. 10 11 ADJOURN 12 13 The meeting adjourned at 11:40 p.m. 14 15 16 17 .Clark Thompson, Mayor 18 _ 19 20 ATTEST: _ 21 22 ~3 Beverly J. Kline, City Cle 24 25 26 27 ******