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HomeMy WebLinkAboutCity Council Minutes 11/16/1998November 16, 1998 Vol'. '3~ Page 31,7 i 1VIINtTTES z OF A REGULAR 1VIEETING 3 P1E'I'ALITIVIA CITE' C®YTNCYL a M®NIDAY, N®VEMBER 16, 1998 s R®LL CALL 3:00 p.m. 6 Present: 'Torliatt (PT), Read (NR), Stompe (MS) (resigned), Vice Mayor Maguire (NiM), ~ Mayor Hilligos5 (PI.1) s Absent: Keller (DK), Hamilton (JI~* 9 * -arrived at 5:00 p.m. io PZJBLYC CO1VIlVIENT ii Chris McAuliffe -Last Friday evening the EOS sewer treatment operating personnel received iz five state awards: Safety Planning of the year award -second year in a row; Supervisor of 13 the Year; Operator of the Year; Operator in Training of the Year; and Mascot Award for is their Muskovey Duck.. is City Engineer Tom Hargis -the Federal Emergency Management Agency is going to .fund the is dredging of the TurningBasin at 94% of the cost. i~ C®ZJNCIL C®MMENT is PT -went to a Telestructure Conference and wants. follow-up on getting a map of the Pacific i9 Bell's fibre map showing what is in place in Petaluma. In the economic visioning business she zo wants to include a business plan with the fibre optic demand, and look at requireing new zi development to put infrastructure in place for cabling and networking. Attended the SCTA zz meeting for'Councilmember Keller. There is a mixed feeling on the Board of Supervisors to z3 go back to the voters with another Sales Tax. measure- in June, 1999. However, a special. za election would. cost the taxpayers around $350,000. There was a request at the meeting to zs do an exiting, poll to find out. why the sales tax issue didn't pass. The Veterans' Day Parade z6 was a wonderful event. Wants to Save the Coast Guard Training Center on the agenda. z~ Wants the new supervisor, Mike Kerns, to come to a Council meeting so we can meet. zs Would like the. Council to agendize with the- new Council and Supervisor quarterly meetings. z9 She wants the County to enforce similar.flood control measures as the City does. k 3o NR - Tetestructure Conference attendee, wants this added to the General plan conductivity 31 policy; the-JPA on Rail is still hoping to receive flood damage funds from the. government. It 3z is hoped they receive a payment of $1 Million in December to help, with a minimum of $3 33 million more needed to get the rail going again. If the rail system becomes insolvent, there 34 will be increased consumer costs of a number of agricultural products. The Petaluma Area ss Chamber of Commerce wants to lease the railroad terminal for office sites. There are six 36 acres of land there that the JPA wants used at the highest and best level in the Central 37 Specific Plan Area. ~ - Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 318, V~. 32 i MINUTES November 16, 1998 z The minutes of the October 5, October 1''5 October 19; October 20 (note that NR was s absent), and November 2, 1998 (note that Hamilton and Stom~ie were absent), meeting were a approved as revised. s CONSENT CALENDAR 6 The following items which are noncontroversial and which .have. been reviewed by the 'City ~ Council :and; staffwere enacted by one motion. which was introduced by MM;and seconded by a NR. 9 Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss to .Noes: None i i Absent: TCeller, Hamilton (one seat vacant) tz RESO.98-229 NCS i3 CLAIMS AND BILLS is Resolution 98-229 NCS approving Claims and Bills #7709.7 to ##77420. is RESO.98-230 NCS t6 ACCEPT CO1ViPLETION OF FIRE TRAINING'TOWER REMODEL i~ Resolution 98 23'0 NCS accepting completion of the fire traiwng tower remodeling. which is will correct the improper installation of the stairs. The .contract was awarded .to Stile i9 Construction for $22,000. zo RES®. 98-231 NCS zi PURCHA'SE USED FIRE PUMPER ' zz Resolution ;98-231 NCS approving purchase of a used fire pumper from Novato .Fire z3 Protection District. 'This engine will., be used as a reserve piece: of equipment. _Tliis purchase za will sustain the City's current level. of fire protection.. Cost of'the used truck is $33,100.: zs RES®. 98-232 NCS z6 ACCEPT COMPLETI®N DREDGING DISPOSAL;DIIZE RE1P'AIR PROJECT z~ Resolution 98-232 NCS accepting completion of the dike repair along the Petaluma Riven at zs Shollenberger .Park -Dredging Disposal Pond. .Erosion oceui-red from the 1997 Winter z9 storms. The. repair operation was suspended in November of 8:9.9.7 because the ,ground was so too wet. Work resurried in October' of 1998 when the ,ground had dried: The final cost for si this work donee by Nelson Construction was $53,000:. sz * * * * * End of Consent. Calendar * * * * '*' __ Key to abbreviations: JH-'Gouncilmember Jane HamilCon, NR-Councilmember 1Vancy-Read PH-Mayor M Patricia Hlligoss, . DK: Gouneilmember~David Keller, PT-Couneilmember Pamela Torliatt M11~f--Vice Mayor Matt Maguire November 16 1998 Vol. 3~, Page 3.19 t ~ LETTER TO 1VIAYOIZS AND CO.UNCIL1i~IENIDERS z OPPOSING 1VIT~E AS GASOLINE ADDITIVE a Letter to Mayors and Councilmembers Association urging that the Governor of the State of a California take action to ban the use of the .gasoline additive MTBE (methyl tertiary butyl s ether) as'an oxygenate of choice by the California oil refiners. This chemical additive is being s studied as a possible cause of asthma, cancer and other diseases. Also it is said that this ~ containment is more soluble in water than other chemicals in gasoline and has the potential to s persist in groundwater for years because it does not break down chemically. Moved by MM 9 and seconded by NR. io Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss* t i Nces: None iz Absent: Keller, Hamilton (one seatvacant) 13 * -The Mayor's vote was to `abstain;' however, pursuant to the Council's Rules and Procedures an is abstention, unless the reason for abstention is conflict of interest, the vote is counted as a `yes' vote. is .LETTER OF SUPPO1tT TO NOVATO i6 ItESTOIZATION PItEVIOVS HOV LANE OPERATING HOURS v The City of Novato is asking for the support of the City in their request that CALTRANS is restore the previous HOV lane operating hours on highway 101 in Marin County. The t9 existing change in the commute hours was from zo Old: 6:30 a.m. to 8:30 a.m. to Now: 5:00 a.m. to 9:00 a.m., and zi Old: 4:30 p.m. to 7:00 p.m. to Now: 3:00 p.m. to 7:00 p.m. zz This has caused delays on Highway 101 and has incurred complaints from the driving public. z3 The recommendation now is to return the HOV lane times to: za Reinstate: 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 7:00 p.m. zs It was moved by MM and seconded by NR to approve sending such a letter and adding that a z6 High Occupancy Vehicle (HOV) lane between Petaluma and Novato would help to alleviate z~ some of the traffic problems. Copies of the letter should go to the Metropolitan zs Transportation Commission and Caltrans. 29 Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss so Noes: None 3i Absent: Keller, Hamilton (one seat vacant) 3z DSO. 98-233 NCS 33 GOLF COURSE RESIDENT IDENTIFICA`T`ION CARD FEE 3a Resolution 98-233 NCS approving a resident identification card fee for the Rooster Run Golf 3s Course. Tliere is a 20% discount for resident golf green fees, a 30% discount for seniors and 36 juniors golf green fees. The Rooster Run .green fees are $ The resident identification card 37 will cost $15.00. The undiscounted fees are: Juniors $10.00; Seniors $15.00 Monday to 3s Wednesday, Regular Weekday fees are $20.00 with Twilight being $15.00 Monday to 39 Thursday, Regular Friday fees aze $23.00 with Twilight being $18.00; Regulaz Weekends and ao Holidays Regular fees are $34.00 with $21.00 Twilight. Staffwas asked to contact Rooster Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatriciaHilligoss, DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor MattMaguire Page 320, Vo1132 November 16, 1998 i Run Golf Course to see if the would be interested. in handling this identification process: z Introduced by 1V1M and seconded by PT: 3 Ayes: 'Torliatt, Read, Vice Mayor Maguire, Mayor H111goss a Nces: None ' s Absent: Keller, Hamilton (one seat vacant) 6 ----16EGINNIPtG ®F WATER DEPARTMENT AGE)•fDA ITEM---- ~ RES®. 98-234 NCS s 1998 WATER C®NSEIZVATION CAPITAL IMPROVEMENT PLAN 9 Resolution 98-234 NCS approving the 1998-99 Fiscal Year Capital ImprovementPlari for the io Water Conservation Program., This includes the following projects for the fiscal year:. ii (1) Completion of the third and last year. of: .the Commercial, Institutional and iz Industrial Toilet and Fixture Replacement Program: 13 (2) Implementation of the. first of 5 ten year water conservation measures. is (3) Installation of a California Irrigation Management Information .System (CIlVIIS) is weather station. i6 Introduced by IviM and seconded by PT.. i~ Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss is Nces: None i9 Absent: Keller, Hamilton .(one seat..vacant) zo RESO: 98-235 NCS zi SCWA IDRAFT ~VATE12 CONSERVATION PLAN zz Resolution 98-235 NCS approving the Sonoma County Water Agency Draft. Water. m z3 Conservation Plan. dated June 29, 1998,. and authorize the City Manager to execute the final za document: The following .measures are listed in the Petaluma Water Conservation zs Implementation Plan, to goal of which is to save 1,00.0 acre feet per year. (Listed in order of z6 prtority.) z~ 1. Toilet and Shower Head .replacement -Projected water savings 300 acre feet per year. The zs goal is to replace °50% of•the commercial,., :industrial .and institutional toilets. 861 toilets have z9 been replaced over-the last two years. 30 2. Ultra Low Flow Toilet - .residential rebates and special event programs over' the next 10 3t years to replace: 25% of the residential toilets. Projected water savings 150 'acre feet ,.per 3z year. 33 3, Low Water Use .Landscape -Adopt ordinance revising and implementing: a landscape 34 water conservation program. Estimated water savings: 2'10 acre. feet per year; 3s 4. California IrrigationlVlanagement Information System - install a irrigation.. management 3b information system at Rooster`Run. Golf Course. Key to abbreviations. .1H-Councilmember.-Jane. Hamilton, NR-Councilmember 1Vancy Read PH-Mayor M ,Patricia Hilligoss, DK- Councilmember David Keller, PT=Councilmember Pamela Torliatt MM-Nice Mayor Matt Maguire November 16; -1998 Vol. 3~, Page 321 i 5. Large landscape water audits -develop and implement a large turf water audit program z beginning with the City owned :parks.. Market the program. to trrigators of large (at .least 3 3 acres) landscapes. Projected water savings 130 acre feet per year. a 6. Commercial, Industrial, Public Incentives for Imgation System Upgrades -This is .also s referred to as `rebates after or with audit .program. This would develop and implement a 6 customized rebate program for replacement of any device or technique that can be shown to ~ reduce irrigation water use. Anticipated annual water savings 10 acre feet per year. s 7. Commercial, Industrial, Public indoor water audits -Identify and contact the top 10% of 9 the industrial and commercial customers, offer audits and incentives to achieve customer io implementation, and provide follow-up contact and/or audits at least once every five years: ii Also listed in the Water Conservation Implementation Plan but no indication is given for i2 priority rating: 13 a. System water audits and leak detection and repair -the plan is implemented by the is City and is fully funded. (No indicated water savmgs.) is b. Metering -this is implemented and fully funded by the City. (No indicated water 16 savings.) i~ c. Residential water audits -review this program at a later date. Offer indoor and is outdoor audits to top 20%. Estimated water savings 20 acre feet per year. i9 d. Commercial, industrial and public outdoor water audits (less than 3 ac"res) -this. so program is to be reviewed at a later date: Estimated water savings 50 acre feet per 2 i year. 22 e. Residential Water efficient landscaping and irrigation system incentives -Review z3 this program at a later date. Estimated water savings 160 acre feet per year. za f. Urban reuse -review this program at a later date. -Estimated water savings, 600 Zs acre feet per year. z6 Introduced by MM and seconded by PT. 27 Ayes: Torliatt, Read, Vice Mayor Maguire; Mayor Hilligoss 2s Nces: None 29 Absent: Keller, Hamilton (one seat vacant) 3o RES®. 98-236 NCS 31 AGREEIVIEIV'T WEAT~EIt S'TATIOly LAND ISE 3z Resolution 98-236 NCS authorizing the City Manager to enter into a Land Use Agreement 33 with the Rooster Run Golf Course and the ,State of California Department of Water 34 Resources for siting of a California Irrigation Management Information System (CIlVIIS) 3s weather station at Rooster Run Golf Course. Introduced by MM and seconded by PT. 36 Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss 37 Noes:. None 3s Absent: Keller, Hamilton (one seat vacant) Key to abbreviations: JH=Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire Page 322, Vol. 32 November 16, 1998 i RESO. 98-237 NCS z AGREEMENT WITH`SCWA TO PUItCHASE'CIMIS WEAT]BER STATION 3 Resolution 98 237 NCS authorizing. the City Manager to enter into a Funding a Agreement. with the Sonoma County Water Agency to fund the ,purchase _of` a s California Irrigation Management. Informatign System weather station. Introduced 6 by NIlvI and seconded. by PT. ~ Ayes: Torliatt, Read, Vice lvlayor Maguire, Mayor Hilligoss s Nces: 'None 9 Absent: Keller, Hamilton '(one seat vacant) io ~SO.98-23.8 NCS. i ~ AGREEMENT TO FUND 1999 WATER CONSERVA'T'ION :PROGRAM iz Resolution 98-238 NCS authorizing the City Manager to enter into cooperative 13 agreement with the Sonoma County Water' Agency to fund the '.Petaluma 1998-99~ is Water Conservation Program. Introduced'by MM and seconded) by PT. is Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss 16 Noes: None i~ Absent: Ke11er,.Hamilton (one seatvacant) is ----END OF WATER DEPARTMENT AGENIDA ITE-IVIS---- 19 RESO. 98 239 N.CS. zo CAPiu~ CREED APARTMENTS zi MODIFX SCREDULE OF PAYMENTS TO IN IIEi7 ~OZJSIIVG FUND 2z Resolution 98-239 ;NCS approving ,a modification in the in-lieu fee schedule .for Capri Creek . z3 Apartments. Currently the condition of approval relating to this requires .the standard za payment of $2,4.00 per unit payable upon close' of escrow. The amount due for°the project is zs $240,000. This resolution changes the requirement to payrrtNnt of $142,500 in 1999 and z6 payment of $97,500 upon transfer ~oP the property. Al"so required with thi's action is a z~ document to be signed by the developer and `City and recordeel. against the. ,property stating zs this change in payment of in-lieu fees:, There 'was .an agri~ement reached between the z9 developer and the Council that;no interest would be charged on the $97,500 and. it is to be 3o paid in a lump sum or in divided payments .in years ~8 to 13 measured from the time of 31 occupancy. Introduced `by 1VR and seconded by IVIlVI. 3z Ayes: Torliatt, Read, Vice Mayor Maguire, Mayor Hillgoss 33 Nces: None 34 Absent: ICe11er, Hamilton° (one seat vacant) 3s RES®. 98-240.NCS 36 DENYING TIIVYE EXTENSION REQUEST CAPRI CREEK GRADING 37 Resolution 98-240. NCS denying a time extension for the Capri Creek Apartment project 3s grading. JH arrived at the meeting at 5:00 p:m: Staff has recommended there be no grading 39 between October 1 and .April 1. There was considerable disctassion about. this request after ao which it was moved by MM and seconded by PT to d'enythe request for a time extension. for ai Capri Creek grading. az Ayes: Torliatt,.Hamilton"`, Vice Mayor Maguire Key to abbreviations. JH: Councilmember Jane Hamilton, NR-Councilmember. Nancy Read PH-Mayor M. Patricia Hilligoss, DK Cou_ncilmember David Keller; PT-Councilmember Pamela Torliatt MM-vice Mayor MattMaguire November:16,1998 Vol. 3d, Page 323 34 35 36 37 1 Nces: Read, Mayor Hilligoss 2 Absent: Keller, (one seat vacant) 3 *Hamilton voted `abstain' and pursuant to the Council's Rules and Regulations, an abstention is counted as a 4 `yeS' Vote. s RES®. 98-24'1 NCS 6 DENYING TIlVIE EXTENSI®N REQUEST 1VIcNEAR LANDING GRADING 7 Resolution 98-241 NCS .denying a time extension for the McNear Landing Unit 3 grading. s Staff has recommended there be no grading between October 1 and April 1. Introduced by 9 NIlVI, seconded by PT. to Ayes: Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss 11 Nces: None 12 Absent: Keller, (one seat vacant) 13 RES®. 98-242 NCS la STATE LOAN APPLICA'TI®N FOR `JET FiJEL TANK IVIODIFICATIQN' is Resolution 98-242 NCS approving a State Loan application for modification of the "jet fuel is tank" at the airport. Repayment funding is to come from sale of jet fuel. Estimated cost is 17 $15,133. from the city and $40,000 from the State, An upward adjustment of fuel sales cost is of $0.05 per gallon will cover the cost of the' .loan. Included in this project is bringing the 19 storage tanks at the airport into conformance with regulations. Introduced by PT, seconded 20 by JH. 21 Ayes: Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss 22 Nces: None z3 Absent: Keller, (one seat vacant) za RESO.98-243 NCS 2s TREASURER'S QUARTERLY REP®RT 2s Resolution 98-243 NCS accepting the quarterly Treasurer's Report. Introduced by PT and z7 seconded by JH. 2s Ayes: Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss 29 Nces: None 3o Absent: Keller, (one seat vacant) 31 3i At 5:30 p.m. the Council adjourned to dinner. 33 ADJOURN REC®NVENE 7:00 p.m. Present: Torliatt (PT), Hamilton (J1~, Read (NR), Vice Mayor Maguire (MIvI), Mayor Hilligoss (PH) Absent: Keller (DK) (one seat vacant) Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-iTCe Mayor Matt Maguire Page 324, V4~1.32 November 16, 1998 i PLEDGE OF ALLEGIANCE z Assistant City Manager Beatty led the Pledge of Allegiance to tlhe flag. 3 MONIEN`T OF SILENCE a PUBLIC C®M1VIEl~T'I' s Gabe Kearne 1624 Jeffre Dnve - re resented a rou which s onsors a Cam 6 The raised $2.2 million in Sonoma Coun m a'` er ues for Aids' drive. There asp for Kids. Y ty ~ p a donation ~ container at Coppenfields. s John Fitzgerald -the: River Festival began with the thought of..raisng money fora pedestrian 9 crossing between Western Avenue and. the Golden. Eagle- Center. Since that time, the River io Festival. committee has: put :$45,000 back into the Turning Basin. Now the 'lights on the ii Balshaw ..Pedestrian Bridge are going out. `He presented the City with a box of lights .for iz replacement of the non-functioning ones on the bridge. 13 Jeff Cartwri is (planned fo`ght -Petaluma Flood~Victims.Association -regarding the~Qld.Elm Village project r West Payran at the railroad "tracks), the hydrologist said only a small increment is of storm water drainage would result from, the project. Others have aid there is no major i6 impact, nothing significant, only small increments of water would come from, them: We have i~ `small increments' of water up to our neck. When. you. approve projects like this you are is increasing your liability. 19 Richard Giddens - :asked about the Sonoma County Water Agency Flood Control. Zone ZA zo monies that have 'been used for this -area. He asked City Engineer Hargis about` the Targe zr water pump that'was purchased for use .during potential .flood situations, and is on hand,, and zz is being tested - no one .yet has .invited me to see the pump: City .Manager Stouder said there z3 have been at least two meetings with -staff to organize the wort; with the pump,. `before there za is a meeting with the volunteers. zs Vince Landof, 12: Cordela Drive -there is La Nina this winter, you are training employees. on z6 the 6" pump, the Army Corps can start in early February'and there is no reason in the world z~ for stallin .this ro'ect an fort _ Y ty to do ite g P J Y Y ty zs In Ma the actual channel work is scheduledavYoulhave moh eC from thetdevel Y opers fees, z9 redevelopment and. Tuttle Creek. Tlus is a nususe of that:money: We.voted~on it: The first 3o ten years was supposed to be for the flood project. The second. ten years we don't. want pit 31 being touched. It should be :for the flood ,project. We want an accounting now, ASAP 3z exactly where the money went to. We oppose Old Elm Village project and want an EIRIEIS 33 done on this project., NR - Th_ ere will. be a -Zone 2A meeting oil December 15 at which time 3a the budget wnll be discussed. 3s Hank.Fluor, 172.1 Stonehenge W,ay -Rainier is dead in the water. You need more than what 36 would have come from. the defeated' sales tax measure (November Countywide ballot). He 37 suspects considerable money has.-been spent on this; project. It is. taxpayers' ,money that_ 3s might have been used in. other ways to benefit Petaluma. How much has been spent -for this 39 item? PT -this figure has been provided'. before to the Council: Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatnicipHlligoss, DK Councilmember David Keller; PT-Councilmember Pamela Torliatt MM--Vice ~l~layor Matt Maguire November 16,.1998 Vol. 3 8~ Page 325 i Kay Russo, 837 Rancho Way -regarding the Lafferty EIR she has questions and wants 2 answers. How much money is ,being proposed to do the EIR? Are you answering questions 3 why we need more money for the EIR? The County Taxpayers' Association presented many a questions to the Council, -and she asked where the answers are. You are .restricted in the use s of some funds because it is so far out of the City Limits. Why not ask the County Open 6 Space District to purchase this fee simple, leaving the water rights to the City? Can this ~ Council prevail on the Open Space District to purchase the property in fee simple? JH - a requested the Sonoma County Taxpayers' Association to embark on that issue. MM we have 9 tried several times to encourage the Open Space District. Kay Russo - we would like written io responses to our questions. There is the concern that the use of'General fund money not be ii used for this. MM we will work with you on that. PT the Mayor is on that committee and 12 hopefully she will relate the conversation. City Manager Stouder said every other month we 13 provide an updated budget on Lafferty. He will send a budget to Mrs. Russo. is Will Stapp, 1264 Mt. View -Sonoma Mountain Scenic .landscape is being .considered at the is County. The western slope of Sonoma Mountain is in need of preservation from ridge-top 16 construction and from ostentatious construction. The Board of Supervisors is considering i~ this on Tuesday and he urged that representation from the City of Petaluma attend. is Diane Reilly -she was a candidate for Council. and thanks the City for making it possible to i9 run. It is really important for other people like her to run. She expressed appreciation to the zo City Manager and other staff for their responses to her questions. She thanked the people 21 who voted for her. Recently there was a problem. for a homeless person who was in the 2z water, she said Officer Vail handled the situation very well and he is to be complimented. 23 COiTNCIL C®1VIMENT 2a MM -wants the issue of Saturday Night Special hand guns on the agenda. zs YtES®. 98-244 NCS 26 CABLE TELEVISION FRANCHISE. -SUE BUSICE REVIEW 27 Resolution 98-244 NCS .approving a professional agreement for Sue Buske to review the 2s franchise in light of the proposed TCI ownership transfer to AT&T. Assistant City Manager z9 Beatty noted the franchise, itself, is not up for review. It is the various performance 3o specifications incorporated in the franchise that are up for review for compliance. The City's 31 franchise will remain with TCI, but the ownership will be changing. City Manager Stouder 3z said that staff has met. with Ms. Buske and begun the process of evaluating the change.. The 33 City has 120 days from the date of notification (September--1, 1998) ofthe change to respond 34 to TCI. The City now has the capability of ~70 channels: The cost of this process, not to 3s exceed $27,000, is covered by the franchise. The status of the merger is currently in a 36 `delayed' mode. Introduced by PT and seconded by ]H. 37 Ayes: Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss 3g Nces: None 39 Absent: Keller, (one seat vacant) ao ZEIi® NET FILL ai The Planning Director, Pamela Tuft, presented an overview of the Zero-Net-Fill regulations a2 which include lands within the Floodplain Combining District west of the freeway and 43 upstream of the Payran street bridge and including the area along Willowbrook Creek east of as the freeway downstream of Old Redwood highway. She estimated a time schedule of six to Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-vice Mayor Matt Maguire Page 326, Vol. 32 November 16, 1998 i nine months of one staff member working ';25 = 3D% o of their time .on this effort at .a cost of 2 $15,000 to $18;000, not including outside .economic and/or environmental consultants should 3 they be. .needed: This will be placed on an agenda in the first quarter of 1.999... This 4 conversation should be• cons_ idered in .concert with other issues of the Gerieral.Plan relating to s drainage. PT wants copies of this report and ,the next report mailed to the folks in .Zone 2A s Committee and County Planning' Commission, staff and' the Board of Supervisors. 'She wants 7 a letter written to explain;whythe county should address' flooding in the Petaluma Watershed s and to request°the Board of Supervisors'update (heir flood map.. 9 IV1M .encouraged contacting, the County again requesting they consider- favorably" some io drainage requirements amilar to Petaluma's so .there .i's coordination in drainage impact Ii mitigation. :1H agreed with the foregoing: City.Manager Stoild'er said he will bring back a 12 draft transmittal letter for discussion. i3 MANDATORY DETENTION PONIDS ORDINANCE 14 Staff looked for Council. direction -regarding development of an ordinance relating to is mandatory storm drain .detention ponds. City Manager Stouder noted this will require a new i6 revenue source for the planning costs. City Engineer Hargi ~ noted there has been some i7 preliminary :discussion .about development of storm drainage .immpact mitigations that would i8 rolon the.life of'the U: S. Arm Co s of En sneers Pa an Reach flood Ir11tI ation ro' p g y ~ g ~ p g P J ect.; 19 He noted that some. storms come back to back and the detention onds do .not have. sufficient 20 time to empty. An alternative being. considered is .the sectionalizing the- City: The. best 2i impact rrutgation may be a detention pond. in a certain location: The Sonoma.. County Water z2 Agency needs to be Involved in this planning., This is' also a potential for water quality 23 Improvement and. for ground water recharging. A detention. basis could 'be built on City 2a property if the location -was found to be particularly superior for collecting storm. drainage.. 2s Ors the other hand. someone~could build a detention pond and rriarket the detention area. The. 26 question arose about the storm drainage fees. and it they are still: appropriate or do they need z7 to be re-evaluated.. City .Engineer Hargis sass it will take .about° a year to accomplish this and zs if we ,should want to get more comprehensive, we need to discuss where the Council wishes 29 staff to go with: this. 3o Suggestions included in the Engineering StaffReport are: 31 32 33 34 '3s 36 37 38 39 40 41 42 43 4a 45 1. Alternatives could include requiring detention ponds in limited portions ,of the. City. 2: Request the Sonoma County Waster, Agency to review the frequency of storm events to see if recent wet weather occurrences should modify the definition of a 100-year flood. 3. Discuss the county-wide concept with other agencies such as Southern Sonoma Resource Conservation District; Sonoma County Planning. Department/PERM,. Sonoma County Water Agency. 4. Include water quality .enhancements 5. Allow-option of off-site detention 6. City constructed detention with buy-in by development (detention pooling) 7. Require commerciaUindustrial to develop detention ponds rather than pay fees 8. Review existing fees for updating and determination whether AB 1600 analysis is required 9. Incorporate. activities into the General.. Plan Watershed Element 10. Pursue development irr County and. City areas using Sonoma County Water Agency Zone 2A-Funds Key to abbreviations; JH.-Councilmember Jane Hamilton, PH-Mayor M. Patricia Hilligoss„ DK- Councilmember David Keller, M1Lf-Vice Mayor Matt Maguire NR-Councilmember Nancy Read PT-.Councilmember Pamela Torliatt _ ... .Rxcq:n_~• November 16, 1998 Vol. 3 e, Page -327 1 MM likes all of the alternatives. It becomes a large: job to coordinate wlfh the new General 2 .Plan. Councilmember Keller supports the need for` a new method of .calculating runoff. He 3 also feels the need to replace not only the footprint of a new building in calculating runoff, a but he wishes to add the replacement. of the permeability of the footprint of the buildings. s Perhaps a committee will assist in coming to a solution. 6 Bryant Moynihan - if you are .doing a new drainage plan, that will need to be done before the 7 Central Petaluma Specific Plan is complete. Also in reading your budget there is an action on s storm drainage fees. It had a negative fund balance at the first of the year. It had about $4 9 Million coming in from Zone 2A, from developers and it said PCDC fund balancing. If these to funds are available, why aren't, we putting them to use: ' It was suggested by MM that Mr. 11 Moynihan meet with the Finance Director, David Spilman, "off line." The City Manager said lz the central question is -this is another major work program assignment that impacts other 13 assignments. That is what we are trying to prevent in the future, how they are integrated la needs to be addressed. He has raised an essential question. Another one was raised this is afternoon on telecommunications. We need to bring this information back to the Council. 16 There is a layering of these costs. Surface water planning is the most expensive one. We 17 may be suggesting an outside surface water .assessment study. Bryant concluded saying a is planning type of approach plus other approaches should be considered. 19 John Cheney -where is the water going to go with the water from the Central Petaluma zo Specific Plan? What did retaining ponds and zero net fill do? Zero net fill just for homes, not 21 for commercial. It was a joke. Something has got to control the water. You are going to zz have to control water with everything that comes into town. No more saying build now and z3 let those people down in Payran .alone. Look at the Central Petaluma Specific Plan, you are 2a going to have to take the time and the bother to see that we are left dry. as Vince Landof -This whole Santa Rosa Valley is a flood plain. Anybody who wants to build 26 a business enterprise should look at the people it will affect. We need detention ponds and s~ no developer fees: zs Diane Reilly -The Central Petaluma Specific Plan, you should take a stand and say you are z9 going to do a General Plan before you do the other plans. Earthquake information is left out 30 of the Central Petaluma Specific Plan. Tell people all the other plans are on hold. 31 SPORT ®N STAT`iJS ®F PIiO.IECTS 32 THAT COULID HAVE BENEFITTEI) WITH NOVEIVIBEIt BALLOT 33 Status Report on the McDowell Blvd./Washington Street Intersection Improvements, -City 34 Manager Stouder said that the City has the next phase design of McDowell and Washington 3s Interchange. Also a piece of that report addresses the most current traffic mitigation fee fund 36 which has made the status of that .fund a requirement. 3~ 'Status Report .on the .Rainier Avenue Interchange and Cross Town .Connector Work Plan - 3s $15: Million of the $32 Million of that project was required to come from the County Sales 39 Tax measure which failed in the November election. In addition, $8 Million of that project ao required the Special Assessment of surrounding properties. The City is continuing to do that al because of the cross-town connector needs. Until we can provide the most current az information and contract for a special assessment feasibility study, we are not prepared to a3 discuss this. It is hoped more information will be available soon. JH said she has to leave at as 11 and wondered how the agenda was going to be handled. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 328,. V~. 32 November 16, 1998 i DOWNTOWN ACTIVITIES'. & PUTNAIVI PI.,AZA z Status Report on Downtown. Activities Including Putnam. Plaza. Police Chief Parks said the 3 .downtown area is stable. Problems are continuing after hours; JH wants to take action on a the Keller Street garage and asked that it be agendized. She specifically wants to address- the s vandalism; people are concerned and do not want to park there. 6 IDO~s~ric vloiJ>Errc~ ~ Status Report on Domestic Violence TRO Clinic. Police Chief ]Parks said the TRO Clinic has a been delayed due ~to staffing. concerns. They hope to have someone by the: first of the year: 9 They .have .met with thee: YWCA to hire a .domestic violence advocate, to' be paid. from grant io funds. The ,person. will. be on board soon. They need security :addressed and want. the i i location not to be known to the public: The people will be: referred to that site by the iz domestic. violence advocate. They are evaluating software for this project. 13 Diane Reilly -said she was confused :about Ghat. She said just ;get that advocate-down. here,. is that is most-important., Regarding security, in the City of Sonoma they don't have security in is the .Council Chambers where they hold. the Clinic. It doesn't make sense to .have a TRO is Clinic and not let the: people know where it is. i~ NIM asked the Chief to look into the Santa Rosa Junior college aspect of the issue. is YOUTH PItOGRA1VIS & HC2 ACTI®NS i9 Report and Discussion of Youth Programs and HCZ Corrvnittee Action.: Bob' :Curry; - zo representative of Joy Dobson who had another meeting to; go to, said. the group is I3 zi members .strong and Joy Dobson is working 20 hours a week. They are looking for apart- zz time volunteer coordinator and apart-time secretary.. Also they are 'looking for someone: to z3 do grant writing. They currently are working on teen'issues, the dialogue on race, affordable za child care, domestic violence and dental care: for low income children. He handed a brochure zs and copies of. a newsletter to the City Council. z6 Diane Reilly said we need a police diversion program z~ PAYRAN ItIEACH PROJEC'T' zs The report by U.S. Army Corps ,of Engineers regarding the tatus of the Payran Reach z9 Project was. rescheduled :for the December 7 meeting. City Engineer Hargis, said that. the 3o Federal Emergency Management Agency has approved: 'funding. the. cost. of dredging the 31 turning basin. The u-shape channel improvements are 98%. complete. Staff has received'- 3z plans for the trapezoidal channel. and have discussed how to integrate the neighbors into; this 33 system. NR said. she knows the 'City Manager will be sending a letter of thanks to 34 Congresswoman Woolsey. Key to abbreviationsc JH: Councilmem'ber Jane: Hamilton; NR-Couneilmember Nancy-Read PH-Mayor M. Patricia Hilligoss, DK- Councilmember David Keller, PT-Counrilmember Pamela Torliatt MM-Vice..Mayor Matt Maguire November -16, 1998 Vol. 32, Page 3z9 i )EtESO.98 245 NCS z LA1VI)SCAPE ASSESSMENT'IDISTRICTS 3 Jim Can, Recreation Director, reported that of the 31 active assessment districts, 30% of a them incur a deficit each fiscal year. The remaining districts are close, if not at the threshold s of going into debt. Over the .last two years, landscape assessment district elections have s shown no support of additional .fees. As a result of the inadequately financed landscape ~ districts, there has been a shortfall of $116,604 to date. Future financing, management, and s operations of Landscape Assessment Districts are recommended by staff to be handled as 9 follows:. io a. All landscape districts would come under the philosophy that the homeowner will be tt responsible for maintenance of planter strips in front or adjacent to their homes. iz b. For those Landscape Assessment Districts having sufficient funding, the district will. 13 maintain common areas, continuous irrigation systems, cul-de-sac islands and entry medians. is c. For those Landscape Assessment Districts having insufficient funds, maintenance of is common areas, continuous irrigation systems, cul-de-sac islands and medians will be reduced t6 and/or eliminated. i~ d. The total. deficit of $116,604 will be absorbed by the General Fund over a period of 10 is years. t9 PT wants, the property owners in the landscape assessment districts which have a deficit zo balance to pay for that deficit. The City Manager said they could lien the property. It is legal zi question. MM - it is a political question. The Recreation Director said the members of these zz districts do not feel they should pay for the district's deficit. It was moved by IViM and z3 seconded by JH to approve the staff recommendations: za Ayes: Hamilton, Read, Vice Mayor Maguire, Mayor Fiilligoss zs Nces: Torliatt (wants the property owners to pay the deficit, not the General 26 Fund) 27 Absent: Keller, (one seat vacant) 28 z9 ICES®. 98-246 NCS I.,AFFEItTY RANCII 3o Resolution 98-246 NCS approving circulation of a revised draft Environmental Impact 31 Report for Lafferty Ranch -and approving the additional expenditure of no more, than 3z $40,000. The reason for this, advised' Planning Director Pamela Tuft,- was under the threat of a3 potential litigation. The extra cost includes attorney costs and printing.. She said this will 3a take the better part of a month of her time and that of Planning. Staff member Hans Grunt. 3s Although it had been referred to as a recirculation, the City Attorney advised it is not a 36 recirculation, rather it is a circulation of a revised draft Environmental .Impact Report. 37 Introduced by NIM and seconded by PT. . 3s Ayes: Torliatt, Hamilton, Vice Mayor Maguire 39 Nces: Read, Mayor Hilligoss ao Absent: Keller (one seat vacant) Key to abbreviations: JH-Councllmember Jane Hamilton, PH-Mayor M. Patricia Hilligoss, DK Councllmember David Keller, MM-i~iee Mayor Matt Maguire NR-Councllmember Nancy Read PT-Councllmember Pamela Torliatt Page 330, Vol: 32 November 16, 1998 i I9OWNTOWN AUTO BODY APPEAI, - CONT'INIJ>EI) TO 12/7/98 z Consideration of and Deterrrunation of an .Appeal of the Planning Commission's 9/9/98 3 Approval of a Conditional Use Permit.Amendment for Downtgwn Autobody, 71S Eetaluma a Boulevard South, APN 008-I94-028 to operate 24 hours a day, 7 days a week... (due to an s unexpected illness in'the family of one of the parties, this was continued from October 19`~ 6 meeting and recontinued to December 7). ~ RESO.98-247 NCS s REZONE SHERATON HOTEL. -MARINA 9 Resolution. 98-247 NCS amending the Development Standards. ]Public~Hearing°for a rezone'to io .amend the PCD Development Standards for the Sheraton Hotel.. ,at the .Marina to .allow 30 i i additional hotel: rooms for a total of .184- total rooms: The building fgotprint will remain the iz same. In `T986 the ELR was certified for the hotel and. two office buildings., T988 saw the 13 development: program approval. 1'991. saw the. Planned Comrr-unity District amendment for is an additional .,6,300 square feet of additionah office space. As for the office. buildings, rs Buildings A and B have .been, built., Building C -has approval for building this 'Spring. This i6 change would: cause no impacts not, :previously addressed. .Since PT was not present at the i~ Planning Commission when Phis went before that body on.:October 13, so she made various is Planning Commission.. comments at the Council meeting. She wants the buildings cleared 19 outside every seveq or so years.. She learned there is a collllector to the Yard Birds site. She zo doesn't want any flags flown other than the American and California flags and she doesn't zi want any offerings and. rate reductions offered by flag,. She wanted to ,know what the zz difference is between suites and standard rooms: Also she asked about the :technological z3 access capability. -Developer Kirk Lok said that the building. v~rill: have TI (very fast) access. za She opposed heating units in each room and would prefer to .have. that centralized. She zs doesn't want any flag on the cupola. She wants detention. ponds in the landscaped areas. z6 MM asked about reducing the size of the.cupola. The. parking; lot .runoff is to be directed #o' z~ special drains which reduce petroleum products and other parking. lot debris from., entering zs the drainage. system. Councilmember ,Keller had written a note saying, he didn't want any z9 nitrogen products used nor did he want.. any herbicides used. 3o City Engineer Hargis noted. the .entire parking slot is in a `horr~eowners' association and the 31 drainage is being cleaned before'it goes to the bay. 3z Developer.Krk Lok said they'plan to have, the drawings final in six months> Hopefully, staff' 33 will review them in two months. Construction will .take from 9 months to a year. 34 The hearing was opened and closed: -Introduced by PT' seconded by MM. 3s Ayes: Torliatt, Hamilton,. Read, Vice Mayor Maguire, `Mayor lHilligoss 36 Nces: None 37 Absent: Keller (one seat vacant) 3s CLOSED SESSION 39 Thee Council recessed to Closed Session at 10:15 p.m. to discuss: ao -Public Employee Performance Evaluation -Pursuant to Government Code § 54957.6 Title: ai City Manager Evaluation. Key to abbreviations: JH-Councilmember Jane Hamilton, NR=Councilmember Nancy Read PH-Mayor.M.. Patricia,Hilligoss, DK- Councilmember David Keller; PT-Councilmember Pamela. Torliatt' MM--Vice Mayor Matt Maguire November 16, 1998 VoL 3j,, .Page 331 i -Conference with Labor Negotiator Pursuant to Government Code § 54957.6. Agency z Negotiator: City Attorney and/or Mayor. Unrepresented employee: City Manager s ADJOURN a At 11:00 p.m. the meeting was adjourned -~ s ~ ~~~ 6 ~ M. atricia Hilligoss, Mayor s T , 9 io Patricia E. Bernard, City Clerk Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--vice Mayor Matt Maguire