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HomeMy WebLinkAboutMinutes 01/04/1999January°4, 1999 Vo1:32, Page '363' t MINiJTES z OF A REGUI.Ait MEETING 3 PETALUMA CITY COZTN.CIL a MONIDAY, JANUARY 4',1999 s ROLL CALL 1:30 u.Yn. 6 Present: Keller (DK), Torliatt (PT), Hamilton (JH), newly elected Janice Cader-Thompson ~ (JT), newly elected Michael Healy ~ Maguire (Vice Mayor Matt Maguire), Mayor M. s Patricia Hilligoss and newly elected Mayor Thompson (CT) 9 Absent: None - to OATH OF OFFICE ii The Oath of Office was administered by City Clerk Pat Bernard. The newly elected Mayor and iz Councilmembers have been elected to four-year terms. They are: t3 Mayor E. Clark Thompson to Councilmember Michael Healy is Councilmember Matt Maguire t6 Councilmember Janice Cader-Thompson t~ (no relation to the Mayor) is CLOSEID SESSION 19 -CONFERENCE WITH REAL PROPERTY NEGOTIATOR -Pursuant to Govemment Code § 54956.8. Property: 20 13 Petaluma Blvd. North. Negotiating Parties: Fred Stouder. Under Negotiations: Price, terms ofpayment or 2 t both zz RECONVENE REGULAR MEETING 3:00 n.m. z3 RESO.98-01 NCS za ELECT VICE MAYOR - DAVID KELLER zs Resolution 98-01 NCS electing Vice Mayor David Keller as Vice Mayor for the 1999 calendar z6 year. .Introduced by Councilman Matt Maguire, seconded by Councilmember Jane Hamilton. 27 Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor E. Clark 2s Thompson 24 Nces: None 3o Absent: None 31 RESO.99-02 NCS 3z COUNCIL LIAISON ASSIGNMENTS 33 Resolution 99-02 NCS appointing the Councilmembers to the following Committee/Commission 34 Liaison assignments for the 1999 calendar year: 3s Planning Commission -Councilmember Michael Healy 36 Recreation Commission -Councilmember Matt Maguire 37 Airport Commission -Councilmember Jane Hamilton 3s Traffic Committee -Councilmember Janice Cader Thompson Page 364, Vol. 32 .January 4, 1999 i Library -Councilmember Pamela Torliatt z Bicycle Committee. -Councilmember Pamela Torliatt 3 SCTA -Vice Mayor David Keller with .Councilmember Pamela Torliatt as a alternate s Introduced by Councilmember Jane Hamilton>and seconded by Councilmember 1Vlatt Maguire. 6 Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire,. Vice Mayor Keller, Mayor E. Clark, ~ Thompson a Nces: None 9 Absent: None io APPOIN'I'1VIEN:TS TO ~GIONAL BODIES AND. COMMISSIONS i i There was some discussion about the appointments,, made by others outside of the City, to iz various regional boards: 13 Metropolitan Transportation. Commission, 4-year term -Sam Saln_ ton of Windsor ..has written to is the various cities requesting that he be cgnsidered .for this post. 'Vice .Mayor David .Keller said is that he would support that appointment. 16 Open .Space- District, -Kent Mitchell of Healdsburg .has expressed interest, in this; post, said i~ Councilmember Matt Maguire,, .and he would support that appointment.. :Larry 'Barnett of is Sonoma has also mentioned his interest, in this appointment. Either one would. be a good choice, 19 but he had spoken to Mr. Mitchell .first. zo The next Mayors and Councilmembers meeting is January 14. zi In response to a question. from the Council, .Mayor Thompson asked'that he be addressed as `-`1VIr.. zz Mayor" and then. Mayor Thompson. noted he would address the Councilmembers by z3 Councilperson or by Mr. or Miss "last name:" za There was a question as to the activity at the next. meeting of tlxe City Selection Committee, zs established by State Law, which is the Mayors of each city:inthe conznty. z6 City Attorney Rudnansky reminded: the Council that there- shotild be no consensus vote outside of z~ a Council meeting and' advised that the Mayor could have the names of persons who are interested zs in serving ,for .use in voting. on appointments,at the Mayors and Councilmembers meeting. The z9 Mayor asked everyone who 'is desirous of serving on a committee to let him. know: 3o Regarding the Golden. Gate Bridge Authority,. there is considerable interest on the part of the 31 Council of encouraging the appointment: of a Petaluman to the Golden Gate Bridge Authority 3z when former Councilmember Read's term. expires in March. Councilmember Torliatt; expressed 33 interest but wanted more information before making a commitment to; that appointment. City 3a Manager Fred Sto~~der said a ,wetter would ~be prepared urging the appointment. of a: Petaluma 3s Councilperson; with .the name left blank until the Council gives direction:. Councilmember Pamela 36 Torliatt said to wait on'her name until she learns more .about the appointment. 37 Planning Commission - On the question of. filling the two vacancies on the Planning Commission; 3s Councilmember .Michael :Healy noted- there have been various iterations of the Planning 39 Commission. Questionnaire. Given. the scope of. the document, he believes the; deadline should: be ao extended to January 25 with Council appointment on.February 1. Councilmember Jane Hamilton. ai said if we are going .to change the deadline; the questionnaire .asks. if the applicant is available to January 4,1999 Vo1:32, Page 365 i serve at he SPARC committee. She doesn't want people to have the impression- that they have to z be available in. the afternoon .to serve on the Planning Commission, and she doesn't' want that to 3 be a limiting factor, so she thinks it is really important to take that question .out of there., SPARC a doesn't have to meet in the afternoon> It just does. That doesn't mean that it needs to always. meet s in the afternoon. Whether or not the person would be available to serve on SPARC while sitting s on the Planning Commission. ~ The Mayor understood the afternoon meeting was a matter of reducing staff overtime. If we'd a like to discuss that, we can agendize it for some other time. There was Council support to 9 eliminate the question about being available for an afternoon SPARC meeting. Rather than have no the city spend money on an advertisement in the paper as suggested by staff, the Mayor asked the it two representatives of the press to help deal with the changed Planning Commission application iz dates and eliminating the SPARC question. 13 COUNTY INVESTORS COMMITTEE/ECONOMIC I)EV. ~I). is The Sonoma County Investors Committee - no one presented that appointment to the Mayor as a is preference. Mayor Thompson said they have .scheduled a meeting on Wednesday which he plans i6 to attend. He will report to the Council. It was noted that Assistant City Manager Gene Beatty i~ was also going to attend that meeting. is PUBLIC COMMENT 19 George Rousseau, 310 120i Street -urged the new Council to return to prayer before the zo meetings. Attorney General Lundgren has said that it does not violate the State Constitution to zn say these prayers; therefore, it should be restored. You have a specific need to ask God for zz judgment. z3 Geoff Cartwright, 56 Rocca Drive, Petaluma Flood Victims Association - he read from Public za Resources Code Section 21068 and noted that there will be an increased increment of flooding zs from Old Elm Village. However many trips would be added as a result of the project? z6 C®UNCIL C®MMENT z~ Councilmember Matt Maguire welcomed the new Mayor and Councilmembers and added, zs "Maybe we are entering into a Golden Era of Petaluma. politics." z9 Councilmember Pamela Torliatt -Happy New Year. She read an article about using cell phones 3o to fight. graffiti. There was an indication from the article that several of the cell phone services 31 would allow free calls to certain telephone numbers which were set up exclusively for reporting 32 graffitl. 33 Councilmember Jane Hamilton -She is really enthusiastic about working with this Council and 34 hopes that a lot will get accomplished. She asked that the subject of NlcNear Park lights be 3s placed on an agenda. 36 Vice Mayor David Keller -Congratulations and welcome to the new Councilmembers. This year 37 should be very productive. He mentioned that the cable television provider is planning to drop 3s several FM radio stations because they have lost their antenna site on l~~ell Lucas Ranch 39 in Marin County. He suggested the cable television users express their dismay about that loss of ao service. The dropped frequencies are between 88.9 and 92.0. He asked about the status of the ai wastewater irrigation contract update. Regarding the Sonoma County Planning Commission az response on the illegal fill near Adobe Lumber, he would like an update on removal of that fill. 43 There was Council consensus to have staff write a letter to the County about this problem. I=ie Page 366, ~/ol. 32 January 4, 1999 i asked about the `airport fuel tank situation. Assistant City Manager Gene Beatty advised the z Council that there is some problem in filling the emergency tank- that. is now on site, and. it is 3 hoped the entire underground tank will be upgraded. and ready for use by the end of the month. a There should be three grades of aviation fuel available then.: s Councilmember Janice Caller-Thompson -thanked the :public and the business community for 6 electing her to'the Council: She is looking forward to .this:,"year; things will be positive. MINUTES s The. minutes; of the December 7, 1998, meeting were approved as amended: See page 3;60, Line 9 12 of the December 7 minutes. io CONSENT :CALENDAR i i The following items. which are noncontroversial and which have been reviewed by the City iz Council and staff were enacted. by one .motion,. which was introduced by Councilmember 1Vlatt 13 Maguire and seconded by Vice Mayor Davtd,Keller: i4 Ayes: Healy; Torliatt, Caller-Thompson, Hamilton; Maguire,., Vice lvlayor Keller; Mayor E. Clark 15 Thompson 16 Nces: None i~ Absent: None ig RESO. 99-03 NCS i9 CLAIMS AND BILLS zo Resolution 99-03 NCS approving Claims and Bills #77435 to #780Q9. zi IZESO.'99-04 NCS zz T1tAF~IC COLLISION /CITATION DATA BASE' /' GIS 1VIAFPING z3 Resolution 99-04 NCS authorizing. sole source purchase of Traffic Collision,. Citation. Database, za and. Geographic Information System (CIS) :mapping system from Crossroads Software, Inc:, of zs Brew. California, for $44 0,00 from. the .California Qffice of Traffic Safety grant. Both the Police z6 and Engineering Departments will utilize the software:, City cost is $4,500. The Council, asked if z~ we look at allowing: the Fire Department to be included;. this information should be shared. zs RESO.99-OSA N,CS , z9 1VIOIJNTAIN VIEW WATER STORAGE RESEItV®IIt COATIlVG 3o Resolution 99-OSA NCS awarding the contract for recoating the interior and exte_ riot of the 31 Mountain View Water Storage Reservoir for $2'13,000' to .Quality painting and maintenance of 3z Reno, Nevada. 33 RES®. 99-05B NCS 3a GAYA AND ASSOCIATES 3s Resolution 99-05B NCS approving, a professional Services Agreement with Gaya and Associates,. 36 not to exceed. $1`9,500, for inspection services relating to recoati~lg the 1Vlountain View Water 37 Storage Reservoir. January 4,.1999 Vo1.32, Page 367 1 RESO.99-05C N.CS z CAPITAL, IlVIPROVEIVIENT - 1999 to 2003 WATER RESERVOIR 3 Resolution 99-OSC NCS approving the 1998 to 2003 Fiscal Year Capital Improvement Program 4 for Water Reservoir Improvements. s RESO.99-06 NCS 6 AI)A RESTROOMS AIRPORT & FIRE STATION 7 Resolution 99-06 NCS approving plans and specifications for the reconstruction and upgrade of s public facilities located at the.Petaluma Municipal Airport and the Main Fire station and awarding 9 the construction contract to Wildcat Engineering and Construction Company of Petaluma for to $75,530. The airport restroom cost of the project is $49;820 and the Fire Station restroom cost is 11 $25,710. Design, plans, and specifications total cost was $10,735. 12 * * * * * End of Consent Calendar *' * * * * 13 ORD. 2080 NCS la ELECTRIC-ASSISTED ~][1KES is Introduce Ordinance 2080 NCS promoting use of electric assisted bikes and scooters in the City 16 by amending Chapter 11.72 of the Municipal Code. Introduced by Counclmember Jane Hamilton 17 and seconded by Councilmember Pamela Torliatt. is Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor E. Clark 19 Thompson zo Nces: None 21 Absent: None zz CLOSED SESSION 23 -CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code za Section 54956.9) Kimari vs City of Petaluma. Federal Case No. C-98-3864-MMC ENE (N.D.CAL.) zs -CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code 26 Section 54956.9): Kimari vs. City of Petaluma. WCAB Case No. SRO 0100705 27 -CONFERENCE WITH LEGAL COUNSEL -DISCUSSION OF POTENTIAL INITIATION OF LITIGATION - 2s Pursuant to Government Code Section 54956.9(c) - (1 potential case: Ordinance 1981 NCS and possible 29 violations of Section 17.1 of the Franchise Agreement with ICI, Inc.) 3o AD.T®~TRN 31 At 5:00 p.m., the Council adjourned to dinner at the shushi restaurant. 3z RECONVENE 7:U0 U.m. 33 Present: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor E. Clazk 34 Thompson 3s Absent: None 36 ®AT'H OF OFFICE SCH®OL BOARD OF TRUSTEES 37 38 39 Christina Kauk Louis Steinberg Carolyn Tennyson Page 368, Vol. 32 January 4, 1999 i PLEDGE OF ALLEGIANCE z Mr. Piccinotti led the Pledge of Allegiance to the.flag. 3 MOMENT OF SIT,ENCE a PiT)BLIC COIVIIVIENT s Maurice Matheson -there is new construction at Ely <and Washington. Five acres are ,going to be s built for .senior -apartments. Why can't that be put off for" a couple more years? That. water is ~ going to drown us in the l?ayran, area. Why was that approved? Won't you put some limitations s on this .sort of building? Give us a break!' City Manager Fred Stouder .said staff will respond to 9 Mi. Matheson and send a copy of the response to the City Council. no C®UNCIT, COIVIIVIENT n n Councilmember Jane Hamilton "welcomed the new Councilmembers nz Vice.Mayor David Keller advised that. He, mentioned that the cable television provider is planning 13 to drop everal FM radio .stations because they have lost their antenna site. on 1V1t. Burdell. in na Marin County: He suggested the cable television users express their dismay about the loss of that ns service. The frequencies to be dropped .are between 88.9 and 92.0. A telephone number for TCI i6 is 415-459-5333. . i~ na 13ODEGA AVENUE 11VIPIZOVMENTS n9 The Council considered aresolution- adopting a negative declaration :and approving; the Bodega zo Avenue Improvement Project, which is between Webster Street and Bantam Way,. Improvements zi include a new traffic signal. at Bantam Way; atwo-way left .turn lane to provide for left-turn zz movements, bike. lanes, sidewalk, pedestrian ramps, planter strips and street trees, the upgrade of z3 utilities such as storm drainage,. water and sewer lines, and an asphalt overlay.. E'stimated' za Construction.. Cost: $960,000. Tentative: construction schedule is 1VIay 1, 1999, to December 1, _. zs 1999. The project is funded. by private .contributions, the Water Pollution Control Operating, z6 Fund; the Water Operations Fund and Traffic Mitigation fees. The total estimated .cost of the z~ project is $'1,394,025. za Patricia Tuttle-Brown noted that the Bicycle Committee feels this is a needed :improvement z9 because of school access as well, as general bicycle path needs for the City:. It also raises the. issue. 3o to be mindful of bicycle paths to each of the schools, in the -City ofPetaluma. We need, to get. the 31 youthful bicycle riders off of .Bodega Avenue:. In response to Councilmember Michael. Healy's 3z question about how the project came about; Traffic Engineer Allan Tilton noted the street 'was 33 built in 193'5 with WPA monies. There .have been 75~ collisions there::in the- last 10 yearn.. On a 3a daily basis,.. ,there are 10,000 vehicles passing: through that corridor; now. Councilmember Pamela 3s Torliatt expressed concern about the use of herbicides on that .location. She. also asked. questions 3s about the. possibility of undergrounding the utilities, Took: at more. choices for street lights;. more 37 fitting character ..such as has been discussed about in the past, possible need for more. phone. lines 38 on that street,, and she noted this i"s an entrance to City should be" treated, carefully:. ,Also 39 commented on were: the. possibility of extending. cobblestone curbs, filling `in the 'blanks on ao documents,, and referring. the proposal to the Bicycle Committee:. Regarding work hours, work ai can begin before 8;00 a.m. but engine noise and the like shall not start before 8:00 a.m. weekdays az and at 9:00 a.m. on Saturdays. Bring back a speed limit of 35 mph. Also, bring back to "the January 4, 1999 Vo1.32, Page 3G9 i Council the °policies on streetlights and cobblestones, as well as a report on .funding sources for a this type of road. 3 BRING THIS_ ISSUE BAGI~ ~'O '1'H'E CITY COtI1VCIL -There was considerable discussion a about the design, the traffic, the community character issue, bicycle. circulation, the street lights, s traffic calming, -lack of bus .stops in the area, use of pesticides, work to be designed to allow 6 maximum passage of vehicles during rush hours and during school hours, traffic signal ~ coordination, pedestrian safety, student crossings, ways to make this look like something other s than a suburban street, undergrounding utilities, other road surfaces than asphalt and phone lines. 9 City Manager Fred Stouder said staff will come back with design options, their cost and the io information requested. ii RES®. 99-07 NCS iz ID®I~ES~'IC PAItTNEI2S 13 The City Council discussed Domestic Partner's legislation regarding the City of Petaluma policy i4 of providing Domestic Partner benefits to City Employees and Councilmembers. The financial is cost is estimated to be between $3,100 and $6,800 per year. Should the State of California allow i6 for domestic partnership coverage of medical and retirement benefits, the annual cost would be i~ between $34,000 and $68,000 per year. The Personnel Director estimated that from two to three is percent of the employee population (6 to 9 employees) would be eligible. 19 Bishop Curtis Kearl, Latter Day Saints -pairing of people who have not entered into a marriage so is a moral issue. He urged the City Council to oppose the proposal. zi Terrance Garvey - it needs considerable thought and it strikes at the heart of a family and on the sz principles on which this nation was founded. z3 Wayne Bigelow, Pastor Petaluma Christian Church -this is not the way to get medical benefits ~a for anyone. People who cohabitate have a 50% higher divorce rate and the amount of violence to 2s women is greater than for those who are married. He urged this Council as its first act not to z6 endorse this policy. Take a stand for marriage. s~ Alene Alexander -this desecrates the sanction of mamage. What do we tell our children with zs regard to this? Please oppose this. z9 Carl Ginsberg - he requested the Council consider this seriously and suggested we do not need to 3o be so progressive to consider this now. Maybe the Council should wait. 31 Nicole Feist -this provides protection for people who are already in relationships. Far fewer 3z people utilize these benefit than one would expect. These benefits are taxed. Not recognizing. 33 these relationships is a form of segregation. 34 Ben Alexander - if we have that much extra money in our budget, we ought to spread it to you 3s (the Council). Twenty-five percent of corporations have this benefit, We are creating an entity; 36 we are not just creating benefits. 37 Jim Spahr, the individual who originally had asked that this issue be placed before the City 3a Council. -Treat all employees the same, all people the same. What we are talking about is doing 39 the right thing now. ao Larry Jonas -suggested there should be very tight constraints and requirements when you do this. ai As a dentist he has seen people say they have benefits, you do the work; and don't get paid; then Page 370, Vol. 32 January 4, 1999 i that's it. There is potential for serious abuse financially and that is an aspect. that should be z considered very seriously. 3 Regarding the confidentiality of'the records, Personnel Director Acorne said that the employees' a personnel files are confidential. The proposed .affidavit'to be completed by, `domestic partners' s states among other things that the partnership has been. in existence for ,six consecutive months; 6 the individuals .are not married to anyone; the. individuals are at least eighteen: years of age; they ~ are not related byblood closer than would bar marriage in the state and. are mentally competent to s consent to .the contract; the .individuals.. are .each other's sole domestic partner and' intend to 9 remain so indefinitely and are responsible for each others. common welfare. The partnership: is~ to subject to a 60-day limit on the enrollment period. The non-employee domestic partner does not. ii have any rights to continue the coverage under Federal or State Law or under a conversion. plan. iz They agree to notify the City if there is any change of circumstances within. thirty days of .said 13 change by filing .a "Termination of Domestic Partnership" form confirming the other partner has is received a copy of the statement of termination.. Except in the case of death of a partner, ix is months must elapse before another domestic partnership affidavit. can be filed., Should. the. State. i6 of California or the Public Employees Retirement System change their policy and begin to i~ recognize Domestic Partners, this resolution need not be updated. is Councilmember Jane: Hamilton said she is in -favor of medical berefits, the essence. of .family is 19 nurturance and protection.. Councilmember Matt Maguire. said. health benefits choice is the zo essence of a free society. This is :appropriate.. Tt is a .fairness and. an equity issue. This is a zi .societal benefit and .should be equal: to all. Send the resolution to CALPERS and the Board of zz Supervisors. z3 The resolution was introduced by Councilmember Jane )Hamilton and seconded by za Councilmember -Matt Maguire.. zs Ayes: Healy, Torliatt Cader=Thompson, Hamilton,lvlaguire, Vice ]Mayor Keller, 1Vlayor E. Clark z6 Thompson z~ Nces: None zs Absent: None. z9 DOMESTIC PAItTN)ERS .REGISTRATION 3o The City Council agreed that staff should bring back an ordinance outlining Domestic Partners:' 31 Registration for residents and for persons who work within the City. Thi§ registration would be 3z handled by the Office of the City ,Clerk ,and` included. in the staff documentation should `be a 33 .resolution setting forth the fee for the Registration, which they said: should be: $60 per Domestic 3a Partners couple. This could be a program provided for the business community. 3s RECESS 9:45 to 9:SO p:m. 3s STATUS REPORT - PAYItA1V REACH°PROJECT 37 The U;S. Army Corps of Engineers reported on .the status of the P'ayran Reach :Flood. Mitigation 3s Project. City Engineer Tom:Hargs noted that the property' acquisition 'is not completed. Thirty- 39 one (31) properties have been,acquired or.:are in escrow.. Ten.{10) properties are in the process of ao negotiation, five (5) :have property descripttons completed, 'three (3) are at the Sonoma County ai Water Agency for review. Winzler and Kelly are: designing the railroad bridge. for improved water az flow. The new bridge will' be-downstream and adjacent to the currexit railroad bridge. In response a3 to the question about ;flap-gates below water aevel in the Paycan area, Mr. Hargis said if'they as extend into. the moving water they will. create eddies which. may cause t}ie 'pipes to stay .open and as water would then back up through'the •storm drains. He advised the City Council. that. the pump is as to be placed near the corner of Rocca Drive; however; the water may 6e rising faster than the r January 4, 1999 Vo1.32, Page 371 i pump is able to pump: A person `in the :audience noted, that it may be difficult to `save the pump' z from inundation. Planning Commissioner Gary Broad had suggested an emergency ordinance at a 3 recent Planning, Commission meeting; Councilmember Michael Healy asked that staff refer this to a the City Council at the next meeting. Mr. Hargis said there is a new State Lands permit for the s Lakeville. Bridge. 6 1234 San Rafael Avenue -Housing Administrator Bonne Gaebler gave a brief report. on ~ preparations for flooding. She asked the City Council if they would support the use of 1234 San s Rafael Avenue, a Housing Administration "low-income help" facility, for people who may have to 9 be housed temporarily should there be another flood this winter. The Council concurred with. that io suggestion. She noted that sandbags have been filled and are beingstored in a parking area just i i off of Petaluma Blvd. North and approximately across the street from the A~ s Courier. iz Army Corps of Engineers -Roger Golden introduced the new Army Corps representative, Lynne 13 Galal. Lynne presented a handful of revised project schedules for the City Council. She pointed is out there is a change in tinting .from the last schedule presented to the City. The project, is described as "Award. Contract 2,"-has been "slipped' by:five months. There was an immediate i6 reaction ofmajor concern on the part of the City Council when Mrs. Galal mentioned that would i~ slide the completion to another calendar year (i.e., 2001). The first that she knew of this time is `slippage' was late .December. Mr. Golden said the October 19 U. S. Army Corps of Engineers 19 time schedule indicated property acquisition would be completed by the end of December. zo After hearing that the construction may be a three-year project, the discussion thereafter was zi focused on trying to return the time: schedule to completion of this flood mitigation project in the zz year 2000. Mrs. Galal described their project schedule to take two (2) to three (3) months from z3 award of contract to initiation of construction. Their construction window for work in the river za on this project closed at the end of November. The U. S. Army Corps of Engineers is working to zs tighten the time ehedule, to bring all individuals at the U. S. Army Corps of Engineers and at the z6 City of Petaluma together for more effective and timely exchange of current information, and to z~ proceed with other tasks that can be accomplished to reach project completion more quickly: zs City Manager Fred Stouder suggested that the City begin action immediately with the z9 Congressional and Senate representatives as well as personnel of the U. S. Army Corps of 3o Engineers in Washington, D.C. Mrs. Galal had mentioned that for the U. S. Army Corps of 31 Engineers to award the contract.,prior to the City's completion of property acquisition, namely 3z finalizing the eminent domain actions that may be required, takes formal action by their 33 Washington, D.C., office to approve a waiver of their formal process. City Manager Fred 34 Stouder suggested that -the request for waiver begin now. City Attorney Richard Rudnansky said 3s he will contact a legal expert in eminent domain on Tuesday to look into the eminent domain 36 ,process. 3~ Mrs. Galal concluded her presentation saying they will try to work with the City of Petaluma to 3s see what `tradeoffs' will exist. 39 Public comment: John Cheney- I'm mad. He had a copy of the Sonoma County Water Agency ao Flood Control Zone 2A meeting minutes which he presented to the City Council. There is a ai reference to a `plug' in the Willow Brook stream that was supposed to cause the water to move az downstream more slowly. According to Mr. Cheney, this plug did not work. Also, there was a3 supposed to be some planting in the stream; however, that does not exist. There's gotta be as something done. Tom (City Engineer) should know if the plug can be put in there, We need to as have a check valve below his house at 55 Rocca Drive. a6 Geoff Cartwright, 56 Rocca Drive - on the Old Redwood Highway Bridge he would like to see a~ both ends of that `damn thing' plugged. He doesn't want to hear about Old Elm Village (Burbank Page 372, Vol. 32 January 4, 1999 i Housing's Proposed subdivision to be located on the other ;aide. of the railroad tracks from the z Payran area). 3 Vice Landof, 12 Cordelia Dr1ve =Tom works for you, Fred. You picked up this job from Tohn a Scharer. He paid his dues' to all his: friends. Why in heaven's name take so long with. right-of-way s acquisitions? Why do we have to worry three more winters? There is no reason anybody should 6 have to wait a quarter of:a lifetime;for this to be done!- If City Hall was subject to the flooding, ~ you would do everything in your .power to have. City Hall protected -Hey, screw us! Thus is s uiexcusable that we will have to wait three more years. 9 City Engineer Hargis said it `is normal U. S. Army Corps of'Engineers procedure. to know what is io going to be done. The U: S. Army Corps .of Engineers tells. the City what right of way to acquire. i i We have been. guessing what the U. S. Army Corps of Engineers wants. iz Vice Mayor David Keller aid. the Willow Brook project. has :never been subjected to an 13 Environmental, Im act Re ort and he ex ects to see an Envlronrnental p ,~ Y p p q Impact Report on that is ro'ect before; an construction rs done in that leach. There is a uestion about. the `plug'° and rs about: the ack, of vegetation: How soon.. can we get an answer bank about the placement of the i6 plug? :Mr. Cheney sadahat;now they want to push a bicycle paththrough there. i~ We need to -evaluate the work of .Brian, Kangas &' Foulk; however, we need an unbiased is engineering firm to do that. City Engineer -Hargis asked, if thee: Council wanted him. to hire 19 someone to get. an evaluation ~of the Willow Brook Bridge:. Vice Mayor .David' Keller, and zo Councilmember Matt Maguire said find an engineering firm to. do a peer review, a firm not tied zi into their circle who would .not fear criticizing a firm.. City 1Vlanag~er Fred Stouder said that. staff zz will look into that and the cost to do such a peer review and study for the record. z3 RES®. 99-08 NCS za BUILDING PERMIT FEE ;INCREASE zs Resolution 99-08 NCS. approving .Building Permit -Fee increases. The. proposal would. raise g z~ Feesa1Coun ilmemb a first time since 1.989. Proposed fees are from the Uniform Building: Code er Matt ,Maguire asked if Chief Building InspPCtor Toe Kagan has seen .the za Lancaster building. permit book. Councilmember Jane .Hamilton noted that, with. t_fie development z9 of an in-fill .policy, we should make sure we are not cutting. off this in-fill with high building permit 3o fees. We need to reduce fees where it is: appropriate. I don't': want to. wait for the ultimate in-fill 31 development policy; especially in and around the downtown. She wants it on an agenda. We 3z need to be looking at the economic analyss~the, Central.Petaluma Specific Plan is going to give us: 33 Finance Director Spilman .said the fee schedule may not bring the. needed revenue, so. the City 3a Council asked.. staff to follow the revenue stream. and report back to the. Council as soon as ss possible. The public hearing was opened. Charlie Carson of the Building Industry endorsed the 36 fee increase: He. warned that. we will need. to look at how the Building Department is .funded 37 because, building will not be the same as we look. to the :future and with thee. Urban Growth 3s Boundary in effect, and the numbers of units that go before the reviewing bodies usually get 39 trimmed down. The hearing. was closed. Introduced by Councilmember Matt Maguire and ao seconded by Councilmember Jane Hamilton. ai Ayes: Healy; Torliatt, Caller-Thompson, Hamilton, lvlaguire, Vice MayorICeller, Ivlayor.E, Clark a2 T'hompson a3 Nces: None as Absent:' None January 4, 1999 Vo1.32, Page 373 1 )1tFS®. 99-09 NCS z AIRP®RT HANGAit. FEES 3 Resolution 99-09 NC$ proposing a 3.5.% monthly increase on Airport Hangar Fees consistent 4 with the 1998-1999 approved budget. The total revenue increases to the airport of $5,700. The s public hearing was opened. There was no one wishing to speak and the hearing was closed. 6 Introduced by Councilmember Matt Maguire and seconded Councilmember Jane Hamilton. 7 Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Vice Mayor Keller, Mayor E. Clark a Thompson 9 Nces: None to Absent: None 11 ADJ®URN 12 At 11:30 p.m. the meeting was adjourned. 13 14 t3 16 17 E. ar ompson, Mayor is ATTEST: 19 20 21 z2 Patricia E. Bernard, City Clerk