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HomeMy WebLinkAboutMinutes 08/02/1999August 2, 1999 Vol. 33, Page 331 1 ~ `City of Petaluma, California 2 Minutes of a Regular 3 City Council Meeting 4 s Monday, August 2, 19,99 6 ~ Council Chambers 7 s The City Council of the Petaluma City Council met on this date in the Council s 9 Chambers at 2:D8 p.m. to 11 ROLL CALL 12 13 PRESENT: Caller=Thompson, Healy, Hamilton, 'Maguire, Thompson, Torliatt 14 ABSENT: Keller 15 16 PUBLIC COMMENT 1~ is None 19 20 CLOSED SESSION 21 22 City Attorney Richard Rudnansky announced the following Closed Session 23 Items: 24 zs Conference with .Legal Counsel -Anticipated Litigation. Significant exposure to 26 litigation pursuant to subdivision (b) of Government Code Section 54956.9 (2 27 matters). 2s 29 Mayor Thompson asked the Council to adjourn to the City Manager's Conference 3o Room f_or discussion and possible action on the. Closed Session item. 31 - - ~ . 32 ~ _ ADJOURNMENT' . . .. 33 - ; 34 2:50 p,.m. -- 35 . . 36 . - 37 .. ,~ - Regular Meeting 3s _ ~ Monday, August. 2 1999 39 4o RECONVENED 41 42 The City Council -.of the City of Petaluma reconvened its Regular Meeting in the 43 Council Chambers onthis date at 3:00 p.m. 44 4s Mayor Thompson announced that no reportable action was taken on the Closed 46 Session. item.' Vol. 33, Page 332 PUBLIC' COIViMENTS 1 2 ROLL CALL 3 4 P:RES;ENT: C.ader-Thompson; Healy, Hamilton;, Maguire, Thompson;, Torlatt s ABSENT: Keller 6 s 9 10 11 12 13 14 is 16 17 1g 19 None.. C.O.UNCIL COMMENT August 2, 1.999 '4' Council: :Member Maguire solicited support, fora Cesar Chavez .holiday '.in response to 'a letter received fromSenator'Richard Palonco. He suppor#ed.sending a letter to the State. He stated a letter was received from G & W Ma__nagement regarding the SPARC (;Site Plan and Architectural Review.Comrnission') process for the Parkway Plaza Shopping Center requesting. a response from, the City. He requested an expeditious response after Council action. 20 Council ,Member Cader-Thompson responded that she had talked to' Frank at G 21 & 1N Management and with homeowners. The homeowners are looking at picking 22 up $15,OOQ out of the $30,000 and were.. interested ih getting this expedited so she 23 suggested agendizing the matter as soon as possible. 24 2s 'C.ouncil Member Healy agreed that the ,.matter should be agendized .and that, he 26 shared Council Member Maguire.'s concerns that there was; a solution that: worked 27 for the whole area and specifically wanted the School District's input. 2s 29 City Management was directed to agendize the item for Council action. 30 ~ ~ :, 31 Council Member'Torliatt supported the idea; of having; a Vietnam V,ete,rans.Day~on 32 November 11,, 1999. She reported she had, seen street. r,.esurfacing work being` done 33 on 'W'ashington Street. Sh'e also tated that she had attended a ,neighborhood 34 meeting 'for the proposed development of the McNear Trust property along with 3s several Council Members, the Mayor,. Supervisor Kerns and approximately forty 36 (40) to fifty (5;0) people. She described the proposed McNear Trust property 37 development and the neighbors concerns; In addition, 'she reported that .the 3s stoplights at Petaluma Boulevard. South. and; McNear Avenue and Shasta Avenue 39 and Petaluma Boulevard North needed `their signal cyeles~ corrected to keep: traffic ' 4o moving. . 41 . 42 Council Member Hamilton offered her support regarding the Vietnam Veterans 43 Day on `.November' 1 "1; 199.9, and wanted, the City to think of ways to participate 'in 44 this important event. 45 August 2, 1999 Vol. 33; Page 333 1 Council IViernber Cader-Thompson stated she had also attended. the 2 neighborhood meeting; for the proposed development of the McNear Trust property 3 and received; a lot of good. information. She also had attended the Classic Car 4 event and thanked its sponsors. Lastly, she. too supported a Vietnam Veterans s Day. 6 ~ MINUTES -June 21, 1999 s 9 Council Member Torliatt asked the City Clerk to clarify language in the minutes that to addressed how the. public should address their letters if they want them to be a 11 matter of public record when communicating with the Board of Supervisors. 12 13 Approved unanimously. 14 15 16 CONSENT CALENDAR 1~ ~ Reso. 99-153 NCS is Electric Parking .Enforcement Vehicles 19 Zo Resolution 99-1:.53 NCS authorizing the purchase of Two Electric Parking 21 Enforcement Vehicles from Farwest Equipment in the amount of $35,381.80. 22 23 MOTION: Council ,Member Torliatt moved, seconded by Council Member 24 Hamilton to Adopt Resolution 99-153 NCS Authorizing the Purchase of Two. Electric 2s Parking Enforcement Vehicles from Farwest Equipment in the amount of 26 $35,381.80. 27 Zs AYES: Cader-Thompson., Hamilton; Healy,, Maguire., Thompson, Torliatt 29 NOES: None 3o ABSTAIN: None 31 32 MOTION PASSED: 6/0/1 for Item 3. (Keller absent) 33 34 Resolution 99-1'51, f+ICS 3s Personnel Board 36 37 Resolution 9.9-1;51' NCS Confirming the Appointment of Mike_O'Brien and Ricardo 3s Lopez-Barrios to the Personnel Board. 39 4o Council. Member°Cader-Thompson stated she. did not .know who Ricardo Lopez 41 Barrios was: and requested that in the future,. Council have more information about 42 applicants for commissions. 43 44 MOTION: Council Member Maguire moved, seconded by Council Member 4s Torliatt, to adopt Resolution 99-151 NCS, appointing Mike O'Brien and Ricardo 46 Lopez-Barrios to the Personnel Board. Vol. 33, Page 334 August 2, 1999 2 AYES: .. Hamilton, Healy, .Maguire, Tho,npson, Torliatt 3 NO;ES:. Cader-Thompson 4 ABSTAIN':. None s 6 MOTION PASSED: 5/1,,/1 for Item 1. (Keller absent) 7 s Reso: 99-152 NCS 9 Assessment ;Districts to ~ . 1 i Resoluton.:99-152 NCS setting Annual Assessment for Administrati:.ve -Costs #or 12 Assessmen, t" Districts. 13 14 ~ Council Member To_ rliatt asked for clarification on the maximum: assessment is~ .. ;formula for Redwood Business Park. 16 17 ~~ finance Director David: Spilman explained that when the City Council adopted the 1g ~ ~ resolution that established the assessment districts., it had included a maximum 19 annual assessment .as shown on Exhibit. "A" and the process for setting the annual 20 assessments:: He stated that. the: Redwood Business Park, was a small di`s_trict with 21 high administrative costs. He stated that State law al)ows the City to come back 22 each year #o either reeonfi'rm the assessment or sef it at something lower than the z3 max'rnum. 24 ' 2s MOTIO,N: ..Council Member Maguire: moped, seconded by Councif Member 26 Hamilton, to adopt Resolution 99-152, .NCS. setting Annual Assessment foe 27 Administrative 'Costs for Assessment Districts. 28 . 29 AYES:: ~ Cader-Thompson, Hamilton, `Healy, Maguire, Thompson, Torliatt 3o NOES: None- 31 ABSTAIN: .None 32 33 MOTfON PASSED. 6/0/1 for Item.-2. (Keller:absent)~ 34 3s Reso.:99-154 N.CS 36 Commercial. Toilet Replacement Program 37 3s Resolution 99-1:54 NCS .Authorizing the 'City Manager to Enter, into: a. Professional 39 Services Agreement with Action. Plumbing and Heating Maintenance for Furnishing 4o Maferials and :Services for the City of Petaluma's, 1.9,99 Commercial Toilet 41 'Re lacement Program,, Project: No. 9931,, Phase 2. P 43 Council Member Hamilton asked. for clarification on the.direct instal) option, 44 45 Water Conservation "S,pecialist; Lynn" Hulme explained the direct `install) option and 46 the rebafe program for the commercial program. August 2, 1999 Vol. 33, Page 335 1 2 MOTION; Council. IVlember Hamilton moved, seconded by Council Member 3 Maguire, to adopt, Resolution `89-154 NCS authorizing the City .Manager to enter 4 into a Professional Services Agreement with Action :Plumbing and Heating s Maintenance for Furnishing Materials and Services for the City of Petaluma's 1999 6 Commercial Toilet Replacement. Program, Project No. 9931, Phase 2. s AYES: Caller-Thompson, Hamilton, Healy, Maguire, Thompson, Torliatt 9 NOES: None to ABSTAIN: None 11 12 MOTION PASSED: 6/0/1 for`ltem 4. (Keller absent) 13 14 Reso. 99-1.55 NC:S is Residential Toilet Replacement. 16 High Schools Fundraiser Program 1~ i. is Resolution 99-155 NCS authorizing the City Manager to enter into a Professional 19 Services Agreement with -America"s; Economic Development Venture for Area 20 Neighborhoods.,. Communities and Enterprises (ADVANCE) for furnishing materials 21 and services f.or .'the City ~of Petaluma Residential Toilet Replacement High 22 Schools Fundraiser Program, Project No. 9931, Phase 2. 23 _ 24 Council Member Torliatt asked, about the School. District's involvement. in the 2s project. and noted, That she wanted information about the .program posted at the 26 City's Website. 27 , , 2s Allie Davidson, Sonoma County' Water Agency, explained that there was full 29 School District support for„this project: 30 ~ ~ - 31 Discussion ensued relative to the type of `flush mechanisms incorporated. 32 33 Council Member Healy inquired why"other city's, costs in California had been. 34 considerably lower than F,etaluma's costs.. He asked. what would happen if there 3s were more. people than• Toilets and he requested that a. copy of water bills not' be 36 required as proof of Petaluma, residency. He inquired if there was a requirement for 37 people to install low-flow sliowerheads. 38 39 Ms. Hulme explained that the costs were consistent with other cities in Sonoma 4o County. She explained thaf the process was on a #irst-come, first-serve basis and if 4i there were more people than toilets, their names would go on a waiting list for next 42 year's program. In response to the water bill issue:; she responded that should a 43 person not have his/her water bill, there was away-of'verifying a person's residency 44 on a computer and that no person would be turned away. Also., the .low-flow 4s showerheads were no.t a.requirement, but they were available free of charge. 46 Vol. 33, Page 336 August 2, 1999 1 MOTION: Council Me.mbe;r Healy moped, seconded by Council Member 2 Maguire., to adopt Resolution 99-155 NCS Authorizing the City Manager to .enter 3 into aProfessional -Services- Agreement with ~ A'merica's Economic Qevelopment 4 Venture for Area. Neighborhoods, Communities and Enterprises (ADU~ANCE) for s furnishing;. materials and seruice~s for the City of Petaluma Residential Toilet 6 Replacement Highs Schools fund raiser program, Project No. 993 , Phase 2 7 8 AYES: Cadet-Thompson, Hamilton, Healy, Maguire, Thompson, Torliatt 9 NOES: None to ABSTAIN: ~ None 11 12 MOTION PASSED: 6/0/1 for Item 5. (Keller absent) . 13 14 Reso. 99-156 NC.S is East `D' Street Sidewalk Replacement Program. 16 17 Resolution., 99'-15'6 NCS Approving .Plans and; Specifications and Project: Budget in. is the Amount of $60,000..0.0: and .Awarding Gon'tract -for East `D' Street. Sidewalk 19 Replacement Project,, Phase 1 to'Gh'lott. 20 21 Council Membe.rMagui're recused"himself due to aconflict of interest. relative to 22 his residence being with the bouridary,°of the project. 23 ~ ~. 24 Council IVlember Torliaft .stated the lowest bid was approximately $9,000 lower 2s :than. the second bid and the: bid was .awarded, to Ghilotfi Brothers Construction., but 26 wanted to make sure that change orders would' not be allowed"with this comtract;_ 27 28 NiOTfON: Council Member Torliatt 'moped, seconded by - Council Member 29 Caller-Thompson;. to -adopt ~~Resolution 99-156 . NCS _ Approving Plans and 3o Specifications and Project Budget.in the ..Amount. of $60;:000 and Awarding Contract 31 for East `D'' Street Sidewalk: Replacement Project; Phase '1 'to Ghi otti, 32 33 AYES: Caller-Thompson, Hamilton,Healy, Thompson, Torliatt 34 NOES: None ~ - _ 3s ABSTAIN: Maguire 36 MOTION PASSED: 5/0/2 for Item 6. (Ifieller absent) ' 37 ' 38 ~ . `39 GOOD"NEWS 40 41 T. J,. 1Nood, City of Petaluma's 1Nater System Operator, and Steve Simmons, 42 Public. Works' Superintendent; .have, developed., a Water Conservation web page 43 with information about each of the. City"s water conservation programs, that included 44 commercial: toilet replacement, residential toilet re:p acement, IocaC weather sfation, 4s landscape water audit,'rrigation incentive, landscape water conservation ordinance, 46 commercial/industriaf!indoor survey and incentive and washing machine rebate. August 2, 1999 Vol: 33;.Page 337- 2 During the week of July 26, City Clerk Beverly Kline was to post the dates. of the 3 residential toilet give-away program. to the Internet. Ma. Kline would update the 4 City's web pages soon to include other water conservation programs. s 6 AGENDA CHANGES, ADDITIONS. AtVD D'ELETIONS'., 7 ..: s Mayor Thompson announced agenda item #8 would follow the agendized budget 9 items. to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 l1NFINISHED 13,USINESS Status Report Removal of Lights from McNear Parke Director of Parks, and. Recreation Jim Carr .reported the low bidder; Union. Pacific Construction Company, was a bonafide bidder for Phase 1. If the City goes with both Phase 1 and 2, the low bidder was North B'ay Construction. He pointed out that the low bid came in 41 % above the engineer's estimate and the second low bid came in 51 % above: the engineer' esti`rnate. He and Mr. Stouder were to meet with the School District to determine -the amount of their contribution and would report that information back to the Council. Council Member Torliatt stated she wanted the program to stay on schedule even if some portions had to be deleted. She requested. an update on the lighting issue. Council Member 'Hamilton stated how important it was that School Board members be .aware:. of the process so they could, direct their staff to negotiate with the City. ~ , Qird. 2095 NC'S Fiscal Year 1'999-2000 Budget Actions.,, Finance Director David -Spilman reviewed' each item that would be discussed. He; 'pointed out that'this'was the fast year for Item C; as the General Obligation` Bonds issued .prior fo 1978 would be ~ paid off,.. He distributed a workslieet'~ showing - updated fund balances available for allocation. Review of Budget Recommendations and Adjustments _ ~ . Review and. Adopt Resolution on Ap,prop:riations Limit Introduce Ordinance Levying Debt Service Property TaxRatesUpon the Assess Val"cation of the 'Property in the City of .Petaluma for the Fiscal Year July 1, 1999 ,to June 30, 2000, and Declaring its Urgency to Take Effect Immediately. Resolution Adopfing. City of Petaluma Budget for Fiscal Year 1999-2000. (Enterprise Funds 19/17 M) - A. B. C. 42 43 44 45 D 46 Vol. 33, Page 338 Augusf 2, 1999 1 E. Introduce and Adopt Urgency Ordinance 2096 NCS Appropriating ;Funds for 2 ,Fiscal Year 199.9-2000 Budget.: 3 _ . a Council Member. Torlaft inquired if .the update of the General Plan had been s incorporated as a budgeted item in this budget. 6_ ~ ~ City =Manager 'Fred Stouder stated that there was a General Plan; budgeted s .amount that should ,fake ;care- of cash, flow requirements, which included salary 9 administration costs of the General Plan Manager sand some other ;general studies to costs, but these was no specific budgeted amount. 11 ' 12 Mr. S~pilrnan discussed the Service Level Enhancements "A" .List,: which had been 13 r..eprior,itized by the department management (earn. He. pointed o.ut: that ahe G:ty 14; Manager had. recommended funding from the General Fund of the. first six (6) is items, which included police cars.. He pointed out the a_Iternative recommendation 16 to fund three ,(3) additional items;, the three-quarter (3/a) ton ,pickup, a new r~ electrician.,. and.. a ;new lawn mow. er: The GAD Project Managerw.as funded from a is separate funding source. He then reviewed the ranking procedure for the prioritized 19 list,. The ranking was based on a: point; tofal or cumulative ranking by department 20 heads. 22 Mr. Stouder clarifi'ed' the :ranking of the 'Service Level Enhancements; .List was an 23 evolving process and this being the second: year the procedure had been 2a performed: Zs 26 Council Member Healy asked if staff had any sense of the cost to obtain a. seismic 27 evaluation of the three (3) fire stations.. as 29 Mr. Stouder explained that Chief Krout was to .obtain. an initial assessment, which 3o assessment was a budgeted item. in the existing budget. 31 , . 32 , _ Mayor Thompson asked if [Fire] Station Number One (#1) was an un-reinfo_rced 33: ~ masonry building. 34 3s ` Mr. Spilman resp'orided that he was riot. certain and would look, into it. He 36 summarized. the available funding. The contingency reserves were increased to 37 ~~one .million dollars .($1;000,000); equipment :reserves were increased. to four 3s hundred'; thousand ;dollars ($400,000) ;and ;a funding estimate fore a Director of 39 Community~Servi'ces and Facilities (part~of the reorganization that.the City.Manager _~. ao had, reco,mmended). The a~ai.lab.le balance for allocatiori by the Council of this time 41 w.as: approximately two, hundred sixty-two thousand.- dollars ($262;00:0). A 42 suggestion- of .an: 'assumption of approximately one and one-half percent (11h%) 43 vacancy in. Sala"ries~ and benefits would ge.nerafe a savings of about three hundred 4a thousand, dollars ($300,000).. This would increase the available 'fund ;balance: `fo 4s five hundred.; sixty-tw,o thousand dollars (.$5.62;000): The Service Level 46 Enharceme:nfs'"A" List would cost approximately three hundred fifty-seven August 2, 1999 Vol. 33 Page 339 1 a_ 2 thousanddollars _.($357,00.0.);, .leaving a balance of two hundred four thousand 3 dollars ($204.;000) remaining. The other three `items, `a new electrician, lawn mower 4 and Three-quarter (3/a) ton:,pick=up, if funded, would leave a balance of one hundred s fourteen thousand dollars ($.114;000). 6 ~ Council Member Tor.liatt inquired what the. priority was for the Training/Safety. s Officer for thewFre Department in the Fire Master Plan. 9 - _,. ~~ to Mr, Stouder .responded that this was the Fire Chief's number one priority, but was 11 unsure if this was .included in the Fire Master Plan. He indicated that the Assistant 12 City Manager; Gene Beatty, would check on this. 13 4 14 Mr. Spilman .stated, that the Fire Chief .believed that the City would save at least is fifty thousand dollars ($50;OOQ) in current training over time. Regarding the "A" 16 List, he explained: _that- there was approximately sixty-two thousand dollars 17 ($62,000} worth of computer-related requests for improvements in the City's is network techn, ology The City Manager's .recommendation was that this item be 19 suspended until, mid-year.. The.:bafance remaining on the Priority "A" List was 20 approximately -six ~ `hundred thousand. .dollars ($600,000) and would be 21 recommended ,for funding,'if funding. sources became available. The items would 22 remain on the list until;funding was available. in order to consider them. 23 24 Mayor Thompson referenced the "Fund' Sources and Uses" showing a shortfall of 2s seven million. dollars ($7,000.,000) and asked if the remaining Priority "A" List items 26 would increase The amount by~six hundred thousand dollars ($600,000). 27 2g 1111r. Spilman responded that these items were not. being recommended nor 29 approved by the City Council so there would not be a six hundred thousand dollar. 30 ($600,000) increase.. He clarified the: seven .million dollar (.$7,000,000) deficit did 31 not include an estimated fifteen .million nine hundred thousand dollars 32 ($15,900,000) in bonds that was needed to be issued over the next year in order to 33 fund. the wastewater treatment facility and some of the Petaluma Community 34 Development Commission (PCDC) costs of the flood project and. agreed .that there 35 was "a seven million dollar {$7;;000,000) deficit. 36 37 Mr. Stouder stated that Council had asked for the expenditures for true projects, 3s which was the way a City traditionally budgeted, The flood project was to be 3s financed through bonds, but those bond revenues had not been delivered yet 4o because the .bonds. had not been issued. He. pointed :out that the seven million 41 dollar ($7,000,000) deficit was not, an accurate figure because the flood project and 42 the. wastewater expenditure were meant: to be debt financed. The twenty-five (25) 43 or thirty (30) .year bond for the wastewater plant was to be paid by increased 44 wastewater .rates. 45 Vol. 33, Page 340 August 2, 1999 i Bryant: Moynihan expressed his concern that the ..numbers we"re inconsistent and. 2 did not tie in with the fund. sources and uses in the summaries pro~idetd; He pointed 3 out that .his perusal of the budget showed an .eighteen million dollar°($,;18;000,00.0) 4 deficit:. He felt that, approval of the budget would be a breach. of Council's fiduciary s responsibility to the citizens of the community. He had; ri;o. suggestions regarding. 6 cuts to~ be made to the budget.. ~ ~ , s Council Member Torlatt `re;quested positive input.on what Council'could do to help 9 resolve some of these sitaatons. She asked the Finance pirector to, respond. io ~ -. .; ii Mr. Spilman displayed a summary worksheet,, in progress thaf showed; an 12 estimated net; debt proceeds of fifteen million seven hundred, thousand dollars r3 ($15,700;000);. twelve million dollars ($1"2~,000;Q00) of which was for the wastewater 14 project. There was approximately fifteen .million, dollars. ($15;000,Q00) in fhe is wastewater pollution control fund. Twelve million dollars ($'1.2,000,000) of that 16 fifteen million .dollars ($15,000,0:00) was. to be debt financed. He: explained that. i~ .was why there. was a negative. balance because the potential, debt;, financing. was is not included:. There. was. a 'budget of approximately ,ninety=two millio.r seven is hundred thousand dollars _($92,700,000) (includes all of.the CIl?~, .all operations.,, 20 RCDC funds). and the estimated ending" 'balance`s would decreases from.. Zi approximately eleven .million dollars ($11,000,000) to about eight ,,,million; six 22 hundred thousand. dollars ($.8,,600,;000).. There was not~a,~projection,for.a. negative 23 ending :balance. In order to facilitate this; .bonds would have to .be issued to fund 24 capital projects that the Council ..had already reviewed or .made, commitments fo:. 2s proceed on. The second page of the worksheet; summarized Elie .reserves, the 26 estimated. debt proceeds.,. and fund' balances. Regarding the ntra-.fund transfers, 27 the City Council expressed a desire; not to .do inter-fund loans. be`tween',~the ~PCDC; 28 fund and the. City's funds'in order to fund. some of the cash flow shortfalls ,out of :the 29 flood control, project. The budget° implemented that policy. 30 31 Council Member Healy inquired what would: be the procedure to eliminate intra- 32 fund borrowing down the road'so it was not .necessary. to use traffic mitigafi'on funds 33 for the flood control project'. 35 Mr. Spilman responded that it would take approximately two years of additional 36 funding sources coming in to fund the flood;. control project. Af the ,end of that. 37 process,, the City would still .be preliminarily projected at abouf three million dollars 3s ($3,000,000) shod.Between now .and then, the process was to -look to the state 39 and the federal, government for thaf funding shortfall. 40 41 Mr. Sfouder clarified that the: flood control 'project was what had caused this and 42 the City h.ad a :plan to reim6u=rse all of the costs for the floo°d project- through 43 redevelopment financing. Ideally, some of the state and federal funds that, had, been 44 identified would do a substantial job 'of helping in that regard: This issue. was the 45 result of delays.. 46 August 2, 1999 Vol. 33, Page 341 1 Council Member Cader=Thompson inquired how the Rainier project factored into 2 these numbers: 3 4 Mr. Spilman responded that the Rainier project was still included in the budget for s one year as it was included in the CJ P, which Council had reviewed last week. 6 7 Mayor Thompson asked how the Corps of Engineers were paid. s 9 Mr. Spilman responded that the next billing would be at the end of August or to September, essentially, prior to the end of the Federaf Fiscal Year which will be 11 approximately three million eight hundred thousand dollars ($3,.800;.00) which nine 12 hundred thousand dollars ($90.0;000) would come from PCDC and the balance 13 would come from the drainage fund.. 14 is Mayor Thompson asked since there was no .money in the drainage fund at the 16 present time, where the money was to come from. 17 is Mr. Spilman responded that it would come from inter-fund borrowing. 19 20 Council Member'Torliatt stated that the reality was that the. City needed to go out 21 and issue some bonds.- She expected. information back from City Management 22 soon on what was 'being done to deal with these issues and expressed her 23 frustration over the process. 24 2s Council Member Cader=Thompson responded. that the problem didn't just happen; 26 overnight, but had been ongoing for many years and that was why Mr. Stouder was 27 to look at the budget and get things in order. 2s 29 Council Member- Healy was. glad to have had the opportunity to review the 3o worksheets, which-proved to be very helpful. 31 32 Geoff Cartwright,, 56 Rocca Drive, was glad that the Council had killed Rainier and 33 a thirty million dollar ($30,000,000) debt. 34 3s Mayor Thompson asked that. the budget not be adopted at this time because he 36 would like an opportunity to review the new material provided by Mr. Spilman. 37 3s Council Member Healy responded that he wanted to try and accomplish the 39 approval today and if there were questions, to try and. work through them and see 4o how far Council got. He inquired, regarding Lafferty, that Speciaf Projects Section 41 3, showed seventy-five thousand dollars ($75,0.00) for legal services, five thousand 42 dollars ($5,000) for survey services, sixty thousand dollars ($60,000) for planning 43 and ELR services, and one hundred twenty-three thousand eight hundred dollars 44 ($123,800) for actual park.: improvements in this fiscal year and questioned whether 4s it was realistic that these:improvements would occurby June 30, 2000. 46 Vol. 33, Page 342 August 2, 1999 i Discussion of going further down.. the priority list .to th.e,"tractor gang mower ensued 2 relative to freeing: up money for (hose items;. focusing on one-ti'me costs; freeing up 3 the. park developments funds this year;. keeping the ;budgeted amount .in the park 4 funds, to be, used for other park. needs or .keeping it in reserve for the .parks s department;, amid-year review would reveal where any extra money was. ih order to 6 work down -the priority list. s Mr. Spilman asked for a consensus from the Council on approvi"ng adding things to 9 the budget when '.the official vote was'taken on the budget"resolution and. ordinance. io The final document would 'include the budget for those add-ons requested by-the. it Council: 12 13 Council was in consensus to approve the priority 'list. down to the tractor gang 14 mower and to include authorization :for six (6) additional positions. is 16 Mr. 'Spilman reuiewe,d other funding aources for items,on the A List;as stated i'n his i~ staff report, which included the Project .:Manager for the CAD' RMS .System and an is electrician (partially funded out. of"the General .Fund and the Water Fund).... He 19 recommended funding the'Eiectrician position out of the Wafer fund and, asked. for 20 Council's support: 21 22 ~ Discussion, ensued relative to the Airport Enterprise Fund being used. for their 23 computers; other areas needing, computers; the current rent. on the airport hangars;; 24 the airport fund .having. other :alternatives;, looking at the airport being 2s self-supporfing,• a six (6) month ..review to look at Capital' Reserve Funds for a third 26 ambulance;: and doing a feasibility study on.. the Ambulance Fund. 27 2s Mr. Spilman stated the two, remaining items on the Service Level Enhancements 29 that needed fo be discussed were the Water Foreman funded.. out of Water Funds 3o and the :mobile. radio: for fhe HAZMAT vehicle. He stated that there are reserve 31 funds in the Gene"ral Fund Reserve available and recommended that the City fund 32 that. 33 34 Council eonse;nsus showed concurrence with the funding. 35 36 Discussion .of whether to vote o,n-the ..budget #onight ensued; whether to: adopt an 3~ interim budget`; and how long of an extension was needed to accommodate further 38 review. 39 a.o MOTION: Council Member Maguire moved', seconded by Mayor Thompson, 41 to adopt ~an Inte.rim Budget- Appropriation for July 1 'through Augusf~l6 (or August 42 23 if necessary)' as lJrgency Ordinance 2095 N,CS. ~ " 43 44 AYES:. Caller-Thompson, Hamilfon, Healy; Maguire; Thompson, "Torliatt 4s NQES: None 46 ABSTAIN: None August 2, 1999 1 2 MOTION :PASSE®: 6/0/1. (.Keller absent) Vol. 33, Page 343 3 - 4.MOTIOIV: Council Member Torliatt moved, seconded 6y Council Member s Maguire to adopt Ordinance 20.94 NCS Levying Debt Service Property Tax Rates - 6 Upon the Assess Valuation of the Property in the City of Petaluma for the Fiscal - 7 Year July 1, 1999 to June 30, 2000, and Declaring its 'Urgency to Take Effect s Immediately. 9 io AYES: Cader-Thompson, Hamilton, Healy, Maguire, Thompson, Torliatt 11 NOES: None 12 ABSTAIN: None 13 14 MOTIO:IV PASSED: 6/0/1 (Keller absent) 15 16 Status Report 17 Payran. Reach Flood Control Project, is 19 Lynn Galal, U. S. Corps of Engineers., reported the Payran Reach project was on Zo schedule and reviewed. :the status. Sfie stated she was present to answer any al questions regarding assumptions made for the study on the Rainier Project 22 channelization. She explained that the study ran three different scenarios. The first 23 scenario was looking at what would happen with the .circa 1.990 existing basin 24 development; the second scenario was what would happen with future basin Zs development; and the third scenario was what would happen with future basin a6 development along with channel improvements... She stated the third scenario was 27 the scenario for which the project was designed and that it included assumptions 2s based on the upst"ream build-out, which were assumed to be completed by the year a9 2040, and that channelization would, be completed in order to contain the 100-year 3o flow all the way up to Willow Brook.. 31 32 Council Member ,Healy asked if the Corps had a map that showed the urbanized 33 ~ area under the 204°0 build-out scenario. 34' .. - 3s Ms. Gal'al stated she would see if the hydrologist could provide that information, but 36 she believed.-the assumption was for the percent of impervious surfaces. 37 '_ 3s"'Mr,,.Hargis explained there was a map in the EIR ("Environmental Impact Report") 39. that- showed ahe changes to urbanization and he supplied a copy to the Council. 40 41 Discussion •ensued relative to the assumptions; scenarios.; types of channelization; 42 the free,board .safety factor;. risk-based analysis; the 40-year level of protection; 43 RM'I -looking at it as well' as the water shed study; stream bank conditions .being 44 natural or concrete:; more water run-off with more urbanization; assessment of soils 4s showing where the best AG soils were; and requests for more information on the 46 assumptions. Vol. 33, Page 344 August 2, 1999 1 , 2 PUBLIC COMMENT 3 - - 4 Geoffrey Car.,tWright, 5:6 Rocca Drive, reuiewed a, hydrology study of th'e Macin s Creek and Vlliggjns Creek watershed, from, the Sonoma County Wafer Agency and 6 how it would affect fhe Petaluma assumptions. He emphasized that as,~ they ~C;ity 7 continues to. build,. the protective level was reduced.. s 9 John Cheney, 55 Rocca Drive, inquired if the assumptions included 1Nillow Brook. to 11 Ms. Galal'. responded. that it included. a small portion of the downstream portion: of 12 Vllillow Brook.up fo approximately Ely Road. 13 14 C:OUN:CIL AND:STAF1= REPORTS 15 16 Council, MemberMagui're reported that the .Sonoma .Marie Rail Transit Authority 17 was looking at the impact:of what type of rail equipment could be used fora startup is system. 19 20 REPORTS OF COMMITTEES AND COMMISSIONS. 21 . 22 None. 23 24 CITY MANAGER'S REPORTS 25 26 None 27 2s ADJOURNMENT 29 3o The meeting adjourned at 5:25 p.m. to the Kabuki Restaurant. 3i 32 33 34 35 36 RECONVENED 37 'Regular Meeting Monday, August`':2, 1999 3s The. City Council .of the City of Petaluma. ;reconvened its Regular" Meeting in the 39 Council Chambers on this. date at 7:05 p.m. ~ ~,, 40 41 RO:LL_C-ALL 42 . 43 Present: Caller-Thompson,, Hamilton, Healy, .Maguire,, Thompson, 44 Torl iatt 4s Absent: l<eller . .,. 46 August 2, 1999 Vol. 33, Page 345 1 PLEDGE OF ALLEGIANCE 2 3 At the request. of .Mayor Thompson; Beverly Kline led the'. Pledge of Allegiance. 4 s MOMENT 01= SILENCE 6 7 At the request of .Mayor Thompson, a Moment of Silence was observed. _: s 9 PUBLIC COMMENTS to ~ .._ 11 Geoff Cartwright, 56 Rocca Drive, discussed the Saturday morning meeting on' 12 Chainsaw Hill and the problems with that project, such as drainage. He stated` that .. 13 the Sonoma County Water Agency was ,going fo reduce the City's..,water allocation 14 by fifteen. percent (15%) and with that allocation, how was this project to be is supported. 16 17 Jerry Price., 4.11 D Street #3, thanked the Council and spoke infavor of_ the: is Council's decision in not pursuing development of the Rainier Cross=Town. 19 Interchange Project. ~ _ 20 21 David Glass, 41 Oxford Court, expressed his. approval of the Council's decision in 22 not pursuing development of the Rainier Project and congratulated the Council in. 23 their decision.. 24 2s Terence Garvey, 83 Maria Drive, spoke in opposition of ahe Council's decision. „ 26 regarding the Domestic Partners Registry. He was in favor of bringing the issue to 27 the voters. 2s 29 Beth Meredith, 104 - 5th Street, thanked the Council Members Torliatt, Maguire,,, 3o Hamilton and Keller for their vote against development of the Rainier Project. 31 32 Diane Reilly=Torres announced that on Wednesday, August 4, at the Petaluma. 33 Veterans Memorial Center, from 7:00 to 9:.00: p.m.,, the Sonoma County Water 34 Agency would have a scoping meeting and would. review the EIR process. She. 3s also suggested that in the. future the contract between the Gity and the. Sonoma 36 County Water Agency be reviewed. 37 3s COUNCIL. CO.MNiENTS 39 4o Council IVlember IV~aguire responded to Mr. Garvey's comments in connection with 41 the Press Democrat article that. had inaccurately quoted he and Mr. Keller. He 42 stated that both he and .Council Member Keller had said that it was unlikely that. 43 most people would have the opportunity to read through the voluminous material fo 44 educate themselves on the issue. He stated that the issue of domestic partners 4s was a personal choice. - ~ . . 46 Vol. 33, Page 346 August 2, 1999 1 _ ..Council IVlember Hamilton stated she had to leave at X8:45 p.m. for fifteen (15) 2 ~ ~ .minutes. 4Council .Member- Cader. Thompson noted'. she h'ad rnet with. Supervisor .Mike. s ~ ;Kerns,Bill Bennett, and the Water- Agency, regarding, filooding: She requested. City 6 Management look. into what could be done to' clean up the front of the K=Mart Store... 7 .She had received a letter from Stephanie Dietrich, a teacher from Kenilwo.rfh, Junior s High; about closing Kenilworth. She: encouraged City Management to ar"range :for ,9 .future ,discussions with the School. Board so that .the City and School Board would io ~ work closely together regarding the issue of a new junior high. She requested that 11 when ~a. member of the public sends a letter to the.. Council'. that they include a 12 ~ telephone, number so Council could speak directly to.them. 1'3 - _ 14 Council Member"Torliatt wanted to make sure thatCity M'anagernent continued to is look at ways, citywide 'to reduce congestion and provide traffic relief-and she wanted 16 the. matter agendized. r7 . is GOOD NEWS,. 19 Zo ...Mayor Thompson announced that T.J. Wood, City- of Petaluma's; Water -System 21 Operator, and Steve Simmons, Public Works' Superintendent, had developed a 22 p g ith information .a y" y 1Nater Cdnservation web a, a Wuded commercia bou# each:. of the Cit s water 23 conservation programs, which incl ' 1 toilet replacement; residential: 24 toilet replacement, local weather station., landscape .water audit; irrigation incentive; Zs landscape water conservation ordinance, commercial industrial. indoor survey and 26 :incentive and washing machine rebate. 27 ~' 2s PUBLIC HEARING 29 Reso.99-1571VCS 3o Delinquent Weed Abatement Bills 31 32 A. Public Hear:i'ng to Hear Comments on Cost; of Weed Abatement.:. 33 B. Resolution Qrdering Delinquent Weed Abatement Bills to be Turned Over 34 to the County Assessor's Office 35 36 Fire Marshall Mike Ginn recommended that the Council approve the item`. 37 3s Council IVlember Cader-Thompson inquired if there was money added on for .the 39 Clty's' COSt. 4.0 41 IUIr. Ginn respohded that they add on a twenty percent (20%) fee fo what the weed 42 abatement contractor charged to cover the City's processi"ng costs:.. 43 44 MOTION: Council. Member Hamilton rno~ed, seconded by Council Member 45 To.rliatt to Adopt Resolution '99=157 NCS O.rder`ing Delinquent 1Need Abatement. 46 Bills~to be Turned Over to the County Assessor's Office August 2, 1999 2 AYES: 3 4 NOES: s ABSTAIN: 6 Caller-Thompson, Torliatt None None Vol. 33, Page 347 Hamilton, Healy,. Maguire, Thompson,, 7 MOTION PASSED: 6/0/1. (.Keller absent) s 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 -24 25 26 27 Reso. 99-157A IVCS Annual Landscape.Assessment District Maintenance Fees Recreation and Parks Director Jim~Carr spoke regarding the annual approval by Council for the forty (40) active :assessment districts. Of the forty (40) landscape assessment. districts, three (3) had been recommended for increases. The homeowners had bee.n_.notified by mail and given a ballot. and they had until 5:00 p.m. today lto submit their votes. The results. were that Caller Farms approved the new assessment by 79% of the voters, Fairuvay Meadows by 58% of the voters, and Meadow Park by 81 % of the voters..: MOTION: Council Member Torliatt moved,, seconded by Caller-Thompson to approve Resolutions 99=1:57-A~ NCS adopting the Annual Landscape Assessment District Mainferance `Fees. AYES: Gader-Thompson, Hamilton, Healy, Maguire, Thompson, Torliaft NOES: .None ABSTAIN: None 2s MOTION PASSED: 6%071• (Keller,absent) =. .. 29 30 _ _ Reso. 99-158 NCS 31 Larsen Appeal. 32 33 Resolution of an Appeal- .of ..Planning. Commission's Denial of an Appeal of the 34 Planning :,Director's Approval of a Four Lot Parcel Map at 10'1 Grant Avenue (Larsen 3s Appeal) , 36 37 Associate Planner Mabel Bialik reviewed the project site located on Grant. 38 Avenue, adjacent to .Grant Court, with `I' Street, being approximately two hundred 39 (200) feet west of the project site. The Larsen tentative parcel reap was approved 4o administratively o divide two parcels info four, with the remainder lot having an 41 existing house on it. Bryant Moynihan appealed the administrative approval to the 42 Planning Commission and his appeal was based on several issues. Those issues 43 were summarized in the staff report. Commission voted to deny the appeal, which 44 Mr. Moynihan subsequently appealed. This appeal concentrated on the fact that 4s this is a major subdivision consisting of five lots, not four lots, requiring a tentative 46 subdivision map. Mr. Moynihan also argued that. sidewalk improvements should be 47 1 2 3 4 s 6 7 s 9 to 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 41 42 43 44 45 46 Vol. 33, Page 348 August 2, 1999 required of the applicant from. Grant Court.to `I' Street. The_C.ommission determined that the project qualified as a tentative. parcel map. _ Council Member Torliatt inquired what the process was for a certificate, of compliance if t_he Larsens had come in and wanted to develop that parcel. Ms. Bialik- responded that the parcel met. zoning .ordinance requirements for the: lot and stabdivision requirements f.or a legal. lot;;. which .was issued through the City as administrative approval. At that times if there w..ere any outstanding issues or improvements that. would be required, the City would impose them at' that #ime. The issue was raised 'at the' Planning Commission meeting and Mr. Larsen had already agreed. 'to certain improvements., which included extending the. sidewalks across that lot. .Council. Member IVlaguire inquired if the certificafe~ of compliance cou_Id ,be recorded as part of :the conditions of approvaiforthis current: project: Ms. Bialik ;stated that a condition could' be added that the certificat_e> be recorded with this approval at the time of sale if' it were sold: Council Member Maguire inquired what could trigger a fifth. lot -- using the fifth.: Tot' to help finance the whole project or b'uifding on` it,andthen selling or leasing it? Ms. Bialik. referred the question to City Attorney Rich Rudnansky: , . City Attorney' Rich Rudnansky responded 'that the subdivision ,map ,package indicates that if the remainder lot:.. remains as a result of`~an 'intent to se 1, lease or use for financing purposes then it should be counted as,part of the parcel map., if it were not. desi'gnated'.. for the purpose of lease; sale or refinancing by reading the statute, it would not be counted as a parcel for a;parcel' m'ap determination. Since the house on -the property was already being leased, there would be .no purpose of calling it a remainder for leasing purposes. Mayor Thompson opened the public hearing for public,comrnent. ; ~~ Diane Reilly-Torres requested that Council address the development impact. fees. Bryant Moynihan, the. appellant; had developed th'e' parcel across the way fire (5) years ago into a four (4)-,lot parcel map.. Ne addressed' designafed remainder parcels and_ stated his opposition of the approval of the four (4)-lot. parcel map at 101 Grant Avenue. Mayor Thompson closed the public commenf at 7:4'5 p:m. Council IVlember IVlaguire was in favor'of denying the appeal., August 2, 1999 Vol'.'33, Rage;349 1 Council Member Torliaft, asked Council Member Healy what, had happened at~the 2 Planning Commission ;meeting. since he had voted in the .affi"r,,mati~e'to deny ,the 3 appeal. 4 _ s Council Member Healy stated that the appeal.. before the .Planning Commission 6 encompassed more issues and was primarly'focused on sidewalk improvements.. 7 8 Council Member Torliatt read. from the agenda summary report that stated that 9 the appeal to the Council confended that the Larsen Project was:a five. (5) lot; not a to four (4)-fot subdivisions and that a tentative subdivision map was required. She was 11 not sure that she disagreed with-that. 'She viewed the remainder parcel as a lot. lz 13 Mayor Thompson stated that the Planning Commission had considered the 14 remainder parcel as a lot. is 16 MOTION: Council Member _ Maguire .moved, seconded by Council Member 17 Hamilton., to Adopt:. Resolution 99-158 NCS Upholding the Planning Commission's. is Denial of an Appeal of the .Planning Director's Approval of a Four Lot Parcel Map at 19 101 Grant Avenue (Larsen. Appeal). 20 21 Council Member Torliatf stated she would vote in favor of the appeal (a 'no' vote) 22 due to the precedent it may set. 23 2a Council Member Healy spoke in support of the motion and stated that the 2s precedent was a very narrow .one, especially when looking at. a remainder parcel 26 with an existing use where the existing use was going to continue and there was no 27 further ability to subdivide it: He felt that a message should,go to City Management 2s that it should be :construed that way and that Mr. Moynihan had served a public 29 purpose by bringing this forward. -r 30 ~ ` 3i Council Member Hamilton wanted Council Member Healy's comments as a 32 finding to be. parf of the motion. 33 ~.. 34 AYES: Cader-Thompson,.Hamilton, .Healy, Maguire, Thompson _ 3s N;QES Torliatt . _' r 36 ABSTAIN: None - . 37 _ 3s MOTION PASSE®; 5/1./1. (Keller absent) ~ ~ ~ . 39 40 ~ IVE1N BUSINESS 41 . ,, .. 42 Integrated Pesticide Management, Program 43 .. _ 44 Discussion and Possible Action on Integrated Pesticide Management Program. 4s Vol. 33, Page 350 August2:; 1999 1 -:Recreation ,,and. :Parks Director Jim Carr introdraced Parks Maintenance 2 - Supervisor Ed Anchordoguy. 3 4 Parks MaintenanceSupervisor Ed .Anchordoguy reviewed the City`s program ,for s pest control,, which was: detailed in a memo. to the 'City ;Manager dated -April 1x999... 6 The memo gave an, ove;rv-ieuv .on the least; toxic herfjicides that were being used sand ~ also detailed the current integrated pest management program.. He stated that a some: of. the: integrated pest .management techniques:. and. practices used included 9 ..mulching, cultural, and `plant selection to help eliminate the: use of insecticides,. to development, of a turf maintenance program., and .use of a biode.gratlable dye in the: 11 lake to control algae, As a, result of these techniques and. practices, a decrease ~in 12 the- use of. ,pesticides: had developed, over the last couple of years. Mr; 13 Anchordoguy then described the. goals of the program. - 14 is Discussion ensued relafive fo the types of pesticides; a plan #or a duck island:; fish 16 in. Lucchesi Lake,;- use of [the pesticide] Round-Up; the School Districf, woTrking with, 17 the City on the program,; how achievement of the goals would be quantified; the use rs of dye in pesticides;. -the posting of warning signs naming the chemicals; applied; 19 and increased labor costs for landscape; districts and the bidding process.. 20 21 PUBLIC .C'OMMENT . 22 23 Doug' Dailey commended the City Council and. Gity Management for proceeding '.in 24 this direction-and suggested a public~education process. 2s z6 Ronnie Cohen spoke in,favor of the program. She asked: that the' length of time for z~ posting of signs about .chemicals used sand their names be extended': She asked, 2s fhat, all landscapers 'be required to adhere to the: rules and regulations. `She asked, 29 that °around the playground" be more clearly defined. ~ She suggested that the 3o Council set-a reduction goal. 31 ~ ' 32 Council'Member Hamilton requested ahe Council ,act on setting a reduction goal 33 and. lengthen the time for posting of signs about chemicals used. and their names to 34 forty-eight (48) hours; or more after the praying. She supported a consistent 3s citywide 'p'olicy that 'included all LAD's: She asked City Management to 'define the. 36 exact number of feet '"around a playground" that spraying was riot to take. place and 3~ ~ inform the Counci . She suggested that the ,grog"ram be advertised in the ;Park; and 3s 'Recreation.. magazine and that. Mr: Daley consider submitting an article that 3a contained his comments firo"rn this. evening. about ]awns and petroleum-based. ao 'products..- 41 _.. ~ - 42 `Council Member Maguire. agreed. thaf if was a good idea to have. a policy that was 43 consisfent~ with fhe- LAD's, ~ but, 'that the cost factor needed to be known., He 44 requested City Management bring back an assessment cif what thaf cost might be. 45 ~ . August 2, 1999 Vol. 33, .Page 351 i ~ MOTION: Council Member Maguire moved, seconded by Council Member 2 Torliatt, to Adopt the Resolution 99-15.9 NCS, approving an integrated Pest 3 Management Program;to Reduce the Use of Pesticides on City Owned Property,: as ... __ 4 amended by the discussion directing' City Management fo agendize discussion of a . s proposed ::.pesticide reduction goal schedule,. increase sign posting time to forty- 6 eight; (,4:8) ~. hours notification before and after chemical spraying, naming the ~~ pesticides used~and~-when blue dye was used, and define the exact number of feet 8 ."around a playground" that spraying was not to take. place and inform the Council. 9 ro AYES: .fader-Thompson, Hamilton, Healy, Maguire, Thompson, 11 ~ ~Torliatt 12 NOES; None 13 ABSTAfN: ~ -None 14 is MOTION PASSED: 6/0/1 (.Keller absent) 16 iz COl9NCIL AND STAFF REPORTS 18 19 None 20 ' -21 CITY MANAGER REPORTS 22 23 N_ one 24 2s ADJOURN: 26 2~ The meeting was adjourned at 8:30 p.m. 28 29 3o E. Clark Thompson, Mayor 31 ATTEST: 32 33 34 5 Beverly ,J. Kline, City Clerk 37 38 39 40 41 42 ****** _ ~ Wit.. ~~ `* ....