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HomeMy WebLinkAboutMinutes 09/22/1998September 22, 1998 Vo1.32~, Page 271 1 1VIINITTES OF A REGiJLAR MEE~TG OF THE 2 PETALIJNYA CITY COiTNCII. 3 MONIDAY, SEPTEMBER 22, 1998 4 ROLL. CALL 3:00 p.m. 5 Present: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 6 Absent: Hamilton 7 PUBLIC COMMENT 8 Craig Carroll, 1724 Chehalis, spoke regarding Willow Glen Subdivision and the median strip 9 on Sonoma Mountain:Parkway down to East Madison Street. He was never notified nor any 10 of his neighbors on Chehalis. This has been quite'a traffic impact. He would like the Council 11 to put this on a future agenda for discussion and .listen to other alternative options. 12 Kerry Hill, Sonoma County Domestic Violence Action Committee thanked the Council for all 13 their support regarding Domestic Violence. 14 COg7NCIL COMMENT 15 NR: She would like to agendize the draft Resolution Supporting a Balanced Transportation 16 Proposal that will be on the November 3 ballot. That it be on our agenda to discuss the 17 language and for action at the next possible council meeting. 18 She also reported a glitch, in FEMA funding for the dredging of the Petaluma River Turning 19 Basin. FEMA rejected the funding following a statement from the Corps of Engineers that 20 the dredging is the Corps' responsibility and therefore cannot be funded by FEMA. Several 21 legislators have been contacted and a conference call has been set up for Thursday or Friday. 22 PROCLAMATION 23 Mayor Hilligoss read a Proclamation proclaiming September Domestic Violence Month 24 which was presented to Kerry Hill 25 A Proclamation on Pollution Prevention Week was presented to Marty Swift, Petaluma 26 Industrial Waste Department. 27 PRESENTATION 28 Marty Swift of Petaluma Industrial Waste presented the Council with a flyer on the guidelines 29 of Pollution Prevention. There are 8 Sonoma Green Businesses in Petaluma. This is a 30 volunteer .county-wide program. The newest businesses that are Sonoma Green Businesses 31 include the Petaluma City Corp Yard, The Tire Source and Shade Tree Foreign Automotive. 32 The other existing Sonoma Green Businesses are North Bay Automotive, Butler/Preston 33 Automotive Repair, Merv's Radiator, Walt's Automotive, Petaluma City School bus yard, 34 Firestone, Peter's Exxon and Shotwell's Auto Body. It is presently only vehicle repair shops 35 with the hope of including print shops in the near future. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read _ PH-Mayor M. Patricia Ililligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 272, Vol 32 September 22, 1998 1 Marty Swift was thanked for his good work and wished well in his. new job. 2 CONSENT CALENDAit 3 The following items which are. noncontroversial and which have been reviewed by the City 4 Council and staff were enacted by one motion which was introduced`by M1V1 and seconded by 5 DK. 6 AYES:- Keller, Torliaft, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 7 NOES: None 8 ABSENT: Hamilton 9 lt)ESO.98-192 NC5 _ 10 CLAIMS AND BILLS 11 Resolution''98-192.NCS approving Claims and'~Bllsc#75746.through #76090. 12 ItlESO.98-193 NCS 13 ItE-ROOF EAST WING AT CI`I'1' BALL 14 Resolution 98-.193 NCS; .approving plans and specifications and awarding contract to Henris 15 Roofing Company in the amount of`$98,857 to replace the hoof `on the ,East Wing of City 16 Hall. . 17 RESO: 98-194 NCS 18 WILLOW GLEN SUBDIVISION FINAL MAP P>fiASE II 19 Resolution 98-194 NCS :approving the Final Map for Willo~?v Glen Subdivision Phase II to 20 include 49 Single family°residental.lots as a portion of236 total approved.lots. 21 RESO.9$-195 NCS __ 22 COMPLETION OF LAKEVII.LE BIZIDG'E 23 Resolution. 98-195 NCS' Accepting completion of the: Lakeville Bridge Gonstructiori over the 24 Petaluma :River. Lonsgate Corporation was originally awarded the construction contract 25 which was termnated.'by Resolution 98=i2 NCS and awarded to C.A. Rasmussen Inc. to 26 finish the. bridge. construction. The total project costs exceeded the budget by'$;16,829.88.. 27 Additional funds to be appropriated from the Payran Reach Improvements .Project No.:9724. 28 RESO. 98-196 h1CS 29 ANTIQiJE FAIL 30 Resolution.,98-196 NCS authorizing closure of Kentucky Street between. Washington, Street 31 and. "B" Streets. Additional. closing ;of the A Street .P-arkng lot between Fourth and Fifth 32 Street is necessary, including- the closure of Water Street between Washington. Street :and 33 Petaluma Boulevard Northfor the.semi annual Antique Faire. 34 RES0.98-1971~TCS 35 SONOMA COUNTY WATER AGENCY FUNDING OF iJ-SP[APEI1 C>EIANNEL. Key to abbreviations: JH-Councilmember Jane Hamilton, IVR-Councilmember Nancy Read PH-Mayor-M. Patricia Hilligoss„ MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Courrcilmember Pamela Toi•lgtt MM--Vice Mayor Matt Maguire SeptemUer 22, 1998 Vo1.32~., Page 273 1 Resolution 98-197 NCS authorizing the City Manager to sign an agreement with Sonoma 2 County Water Agency for funding of the U.S. Army Corps of Engineers Petaluma River 3 Flood Control`Project U-Shaped Channel. 4 ***** End Consent Calendar ***** 5 RES®. 98-198 NCS 6 RE-ROOF P®LLY IIANNAH IZLAAS PERFOIt1VIlNG ARTS CENTER 7 Resolution 98-198 NCS. The grants that were received from the Partners for Youth 8 Program will be used for interior work on the theater. The roof will be paid for with 9 Community Service Fees. A letter was received as a potential protest from the second bidder 10 on the Polly Klaas Theater. Jim Carr spoke to the individual and he cannot match the 11 specifications. He spoke to the second low bidder who will meet the ten year guarantee on 12 the roof. Moved by NR, seconded by MS. 13 AYES: Kelle"r, Torliatt, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss. 14 NOES: None 15 ABSENT: Hamilton 16 RES®. 98-199 NCS 17 ESTAB]LISII & INITIATE PROCEEDINGS .FOR WESTVIEW ESTATES LAD 18 Resolution 98-199-A NCS Establishing and Initiating Proceedings for a Landscape 19 Assessment Districts for Westview Estates. There are two parcels on Jasmine Lane (Parcels 20 35 38) because they are privately owned and are not within the project boundary to be 21 included in the Assessment District. 22 PT: LAD's are not working as well as Council anticipated.. She would like reassurance 23 about the management .aspect and the cost. 24 Jim Carr, Parks and Recreation Director, assured Councilmember Torliatt that this 25 Assessment District would be only for the common areas in this subdivision. We are not 26 handling areas in front of homes which. is our biggest problem in subdivisions. Mr. 27 Anchordoughy confirmed the price to maintain the common areas was $680. Introduced by 28 MM and seconded by MS. 29 AYES: Keller, Torliatt, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 30 NOES:. None 31 ABSENT: Hamilton 32 RESO. 98-199-~ NCS 33 ORDERING IMPROVEIVIENTS FOR WESTVIEW ESTATES LAD 34 Resolution 98-199-B NCS Ordering Improvements for Westview Estates Landscape 35 Assessment District. Introduced by MM and seconded by MS. 36 AYES: Keller, Torliatt, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 37 NOES: None 38 ABSENT: Hamilton 39 RESO.98-200 NCS 40 TRANSIT 1VIALL Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire Page 274, Vo)Y 32 September 22, 1998 1 Resolution 98-200 NCS Assuring compliance with various conditions and requirements of 2 the California Transportation Commission for allocation of Transit "Capital Improvements 3 Funds to the .Petaluma Transit Mall Project. This will incline shelters, bicycle: facilities and 4 passenger amenities. If this project is outside the scope of design for `Roma then the City 5 will go out for Request for Proposals. 6 DK: If it does go .out .for proposals he will secure the name of the firm who designed. the 7 Oregon Transit Mall. He would like to include the Central Specific Plan Comrriittee in the 8 discussions, 9 DK Would like to make. sure that the Transit Mall is a comfortable and welcorrung: place for 10 people not only to get on and offthe bus but also to wait: 11 PT: Jim. Ryan, Transit Coordinator has been coming to the Bicycle Advisory meetings as 12 we1T and. I commend him for doing. that: on his own ttme. I would .like to see the Bike 13 Advisory Committee. be 'included in the 'discussions of'the design as well. 14 DK: In the October 14, 1997' report on the fiazmat investigation it was. reported'by ::.phone 15 that the:.re"salts ofthe>Petaluma station were primarily non-detect. He would like to get "that 16 confirmation"in writing. Resolution ~98-200 NCS introduced by M1Vi, seconded by 1VIS. 17 AYES: Keller, Torliatt", Read, Sfompe, Vice Mayor Maguire, Mayor ~Illigoss 18 NOES: -None 19 ABSENT:.. Hamilton 20 RESO.98-201 NCS 21 AMERICANMAIN STRIEET AWARDS PROGRAM 22 Resolution 98-2Q1 NCS' Supporting the. Petaluma Downtown Association for Participation in 23 the American Main Street. Awards.Program. Introduced by MM, seconded by 1VIS. 24 AYESs Keller, Torliatt, Read, Stompe, Vice Mayor Maguire; Mayor Hilligoss 25 NOES:. None 26 ABSENT:' Hamilton 27 PiJBLIC 5AFE`I'~ COMPUTER AIDED DISPATCR (CAI) 28 City ..Manager Fred Stouder reported to the Council. that the city has' not heard from the. 29 Federal Government regarding the grant that is a substantial part of this project, The most 30 recent expectations are sometime in October or even dater. 'The Department "of Justice has 31 received substantiallymore applications than they .had anticipated. 32 The most .important .issue that the ,cities. have been addressing since the selection" of the 33 contract services with Weiss Consulting, is to implement, and nnanage the,proj"ect,, but the next 34 important issue that is not resolved is the actual Joint Powers Agreement and the 35 administering of this multi-city-county project. The cities almost universally say except fore 36 Santa Rosa,. that. the J PA among the other issues; should be one. entity;, one vote, and °that all 37 cities at the table with the JP"A should have: equal say in the voting that. may be necessary in 38 operating- and managing the system. 39 There will be other pieces in the 7PA that. are still under discussion. This is the heart of the 40 agreement and. some of that will be on how contingencies can be used, 'and what ways can the 41 cities operate independently and what ways can cities: have to operate, as .part' of the JP"A in 42 unison. Key to abbreviationso JH-Councilmember Jane Hamilton; NR=Councilmem'ber'IVancy Read: PHMayor M. Patricig Hilligoss; MS-Councilmember ll%fgry Stompe DK- Councilmember David'Keller, PT-Councilmember Pamela Torliatt MM-vice Mayor Matt Maguire t. .. ~ : b. September'22, 14998 Vo1.32~, Page 275 1 This. city has been very patient as you have waited for the federal funding and the regional 2 process to unfold. It could continue to be unresolved for several months. Several cities are 3 continuing or initiating to get work underway within our current budgets. Ask Weiss 4 Consulting which we .have by letter, to come in and refine the needs assessment. process 5 meaning the actual configuration and design of'the system in our department so we can be 6 ready for the vendor selection process. 7 MS: wants some feed back on going independent versus continuing on the same path. This 8 has taken too long to get off the ground and the city if getting further behind every day. 9 FS: When you involve a number of cities and the county the dynamics are different, the 10 needs are different. A project that is this complex.. and this technology driven in ways that 11 maybe people aren't experienced in dealing with' makes it even more of a major effort to 12 bring .all the. parties together: - I think it was the right way to go because the amount of 13 additional financing that. was available it would in fact ensure that we were all working 14 together even if it's by a forced agreement through a federal grant. I .agree 100% we can't 15 wait any longer and that's why we~ are proceeding in a companion fashion with the grant. 16 PT: The city has budgeted some funds. for the CAD System and Information System. She is 17 pleased with staff and the City Manager on the work they have put into this project. 18 WASTEWATER 19 Fred Stouder, City Manager, Contract negotiations are still ongoing with Montgomery 20 United Water. 21 As the Council recalls I think that when this process started in 1992/93 it was the sense that 22 we should not put a preferred design approach on the; table because that would in fact stifle 23 the creativity and the opportunities of the private sector: Let the private sector use their 24 creativity to come up with the most appropriate design from their standpoint since they are 25 going to own and operate the plant. As we proceed down the road in this process in order to 26 do what we feel is a good public private comparison, it makes sense to engage in what I call a 27 traditional Wastewater Facility Plan and use that as part of the public private comparison. It 28 should also look at design .and if appropriate suggest or recommend another design from the 29 public sectors view point. You have in front of you a proposal to do that, the cost and a 30 schedule of doing so. We feel it is very important to keep this moving. My assumption is it's 31 still direction from this Council to transfer ownership of this facility and that would be our 32 intent as long as that's the direction, but to have clear information and alternatives on the 33 table for the council and ~ for management to provide final recommendations we think it's 34 important in a parallel fashion to engage 'in a public private comparison that includes the 35 preparation of a Wastewater Treatment Facility t Plan. 36 PH: Does the law require that we have a Master Plan? 37 FS: The public private comparison concept as identified in the law is very unclear. My 3$ recollection is that the comment from the judge on this issue is that it is not sure how a city 39 meets the intent of the public private comparison. We will be the first city in the state of 40 California proceeding with the privatization of a wastewater facility. There are several others 41 in the country that have done this, and each state law is different. We will know if and when 42 we get to the State Public Utilities Commission on what the adequacy is; there are no 43 guidelines on how to proceed. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatrieiaHilligoss, MS-CouneilmemberMaryStompe DK- Councilmember David Keller, PT-Couneilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 276, Val. 32 September 22, 1998 1 FS: Whether we continue on the. ,privatization or not, we need a Wastewater Facility Plan. 2 Or you. could opt not to do that. and just. continue ~?vith negotiati9ns -and when those are 3 completed and we have- a design. and $ amount and a process completed `then we would go to 4 the PUC. Once our process is complete we could probably expect another six to twelve 5 months of the issue being on the table with the PUC. 6 PT: She received. a phone call from a citizen asking that. these items with the Wastewater be 7 agendized for the evening sessions., 8 NR: Why the benchmark now? 9 FS: In looking back, my recommendation would have been, knowing.. what I know :now, is to 10 have the Wastewater Facility Plan... on the table, to start, with., , I also appreciate why the 11 council and management may not have wanted to spend that;money then and I respect that. I 12 think~that to tie sure we have a true comparison. of a private plant., as conceived and designed 13 and. financed by the private sector and what an.alternative public or private facility might look 15 ma not be that dneers point of view and our management teams point of view might be. It y ifferent. When you.'re looking at a $30-$50 million. dollar facility that. could 16 be owned for 40 or 50 years by a private sector anddeals with water quality; I -think the time 17 and money is well spent and it's a sma1T amount of money compared to the amount that has 18 been spent the last seven years and may well be spent in the future to get to 'whatever 19 outcome we want. 20 MS; Now we have, the: information.ao continue on to draw that 'public private comparison 21 and I have diffii'culty with why this approaeh7 It's going'to be an additional $137,000..OQ to 22 be able to do this report. 23 FS: It would be, $74,900 (for the Facility Plan ~ Phase l:)., The $62,108 for Phase 2 _ Public 24 Private comparison would be spent regardless.. The Council, could well direct that we don't 25 want. a design; alternative proposed, we just want to, at the right stage; which were. a~ ways 26 from,. to; do the ,public private comparison what ever that may `end up: being. would be iri the 27 range of the '$62,000 dollars. 28 NR: Is .concerned with the Alternatives that are being thrown out: to be considered by this 29 City Council. in attempting to do a privatized wastewater plant. Especially .Alternatives 2' and 30 3. I don't understand why that.was put into the staffreport. 31 FS: My understanding or :responsibilities whether it's an understanding clearly from the 32 Council, or my sense of my responsibilities and assuming this project and as you know the 33 Assistant City. Manager who eft last fall was the project manager of this project. and this 34 project has not in essence had a project manager since. he left: When I amved this is one of 35 the many projects I tried to jump -into as deeply as I could and understand it and assume in 36 the short run the next year or two depending on the outcome the project. management. 37 responsibility. That's a long way of saying that'this is my assessment of where this project is 38 and where we need to go. This is not something that ;I thir.~k any one of the :management 39 -team .feels uncomfortable with, in fact my sense is that'this his been their feeling, for awhile 40 that. we would have. benefited. ,from :a wastewater facility plan. This $4.0-$50 million, dollar 41 project. is :a major issue to this city. N1y sense was you wanted> me to assess this each step of 42 the way. I'm not suggesting we .change direction, I'm suggesting for the sake of the best 43 possible decision making of the- alternatives, we need to take tYus step. Key to abbreviations. JH-Councilmember Jane Hamilton,. IVR-Councilmember Nancy Read PH-Mayor M Patricia. Flilligoss; MS-Councilmember 11~Iary Stompe DK Councilmember David-Keller, PT-Councilmember Pamela Torliatt M11T-vice Mayor Matt Maguire r~, .. September'22, 1998 Vo1.32y Page 277 1 MM: As the Council Liaison to the Citizen's Wastewater Advisory Committee, the reason 2 why now, is because now is the time to do it. The City Council has. signed off on the process 3 long ago and this is the day it has amved. My recollection when we met with the 4 Commissioner from the PUC, they said that this was new territory, they would work with us, 5 but they wanted us to use due diligence to make sure that this process served the public 6 benefit. They basically said that we need to do a stringent review.. If it's going to work rt has 7 to work well. I recall four years ago suggesting to the committee that we do this very same 8 thing that we not have just one but three benchmark facilities plans. 9 FS: This suggestion of the facility plan as part of the public private comparison and 10 assurances that we are proceeding on the right path is m no way a reflection of the 11 discussions with Montgomery United Water. While we do have differences on language and 12 process, those have been driven by our perspectives and our views of the law. I want to 13 comment that Montgomery United Water, and Pete Talbot in particular, who has been the 14 main. person at the table, has been very cooperative and supportive .formerly and informally 15 throughout this process and so the good news has been I think we have a great relationship in 16 working with Montgomery United Water through this. I think he would also acknowledge 17 that this is probably an interesting and complex project. 18 MS: She is concerned about the additional costs for this project. She is also concerned 19 about Alternative 3 which is to enter into negotiations with the SCWA for procurement of a 20 wastewater treatment facility. What was the intent of the report we received previously from 21 SCWA. 22 FS: Because of Sonoma County Water Agency's interest publicly, of being the vendor or 23 operator or owner operator I felt that it was responsible to list that as an option. In order to 24 honor their interest in the fact that they said they are interested in doing that I wanted to keep 25 that on the table. That is not something we would recommend at this stage. The document 26 that they provided 'to us that we transmitted to you several months ago was a preliminary 27 public pnvate comparison.. That alternative or proposal or document aught be of 28 considerable value at the end of this process. I don't. think Alternative 3 is an option worth 29 consideration at all, but I felt. compelled to honor the water agency's interest. 30 PT: My understanding is that .Council has intended all along to have a comparison to the 31 private proposal, so I think answering the question of who says a public facility can't do the 32 job and we can't do it more efficiently than a private facility? And we don't know the answer 33 to that question because we haven't gone through this process and that's exactly why we 34 need to go through this .process in our Alternative 1 in order to prepare the Master Plan to 35 identify a city owned facility that will meet the city's wastewater treatment goals and needs 36 and can serve as a benchmark publicly owned facility for comparison with the proposed 37 private facility. It's what the. Wastewater Advisory Committee recommended. that we have. a 38 comparison project.. This is exactly what we have been intending all along and that's why I 39 think the City Manager has brought it. 40 DK: There was a decision that was made by a Council in 1988 to proceed with privatization, 41 ,unfortunately that decision and choice did not include a -real world comparison with a publicly 42 owned facility that is required through the Privatization Act of 1985. One of the things that 43 the Administrative Law Judge was concerned about was this Council protecting the rights of 44 the rate payers. At the time the decision unanimously from the PUC was "no". I want to 45 make sure if we do go the privatization route we have covered everyone of those bases and it 46 has to be done thoroughly and professionally. We have to be sure and we have to be able to Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatriciaHilligoss, MS-Councilmember MaryStompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 278, V~. 32 September 22, 1998 1 assure our rate. payers, that we are prorrusing the best, deal. I think the sum of money 2 requested for this investigation 'is ~eertainly minimal. If we can make a 10% difference that's 3 $30 million dollars that stays in the pockets of Petaluma rate. payers. 4 He would like to see a report back as part of this, on current level's of experience with any 5 fully privatized that: is owned, designed, built, operated and financed. He wants to know 6 what: is happening with privatization elsewhere°:in this. country and other countries: 7 Pete Talbot of Montgomery United Water, stated that. when Seattle published their RFP on 8 their DBO procurement they- had a very. clear benchmark that had. been based on a bunch. of ' p y g ~ ~ y ` p p in. below this number we'll .go 10 focrwa d if the.ndon~t we won t cItloccurs to me that the facilities plan may be developed in a 11 way that the treatment ;plant ;performance :requirements are a bit different than what. was laid 12 out in the RFP and in the Project Report to the. extent that that happens we have a little bit of 13 apples and oranges problem in terms of comparing. our proposal which was based on the REP 14 requirements to whatever is in the new facilities plan:. I understand.. fully why those. 15 requirements may change ,having. sat through discussions... The City ought to think that. 16 through carefully and really define what it wants, but .I guess what I would request is that in 17 assuming the private approach comes out less expensive than the public one in that part of 18 the comparison, but that the facilities plan is -for a different set of performance requirements 19 there needs to be a provision for how we deal with that. Maybe you simply at that point ask 20 us for a revised proposal on the new facilities plan. Vasco Brazil,, I think the city itself is the. one: that pollutes the river the most of any group, agency etc:. The City is putting untreated wastewater into thee. ponds and the ponds leak and the untreated sewage is going to get .into the ground' water. During the wet weather flow many gallons of .untreated sewage; go down to the ponds and. it's for treatment. During the dry weather~flow the report says that you. still have some ? and~you don't:. Three years ago''it was the same thing. You had a wet. spring: and so you had mire water that- went d"own to the ponds untreated. It's part of what I see missing m the approach and I wish you people: would be proactive in this, is that if you could make wet weather flow be more comparable with dry weather flow then you. wouldn't get all that extra untreated water going.. down to the: -ponds because you wouldn't let it go in the ponds and that's I & h. I & I is the cause of that and' some of'you have balked, on this for time past and you. have to get proactive assistance from the staff for the budget or whatever, but if your talking about improving the environment doing something that you got or gonna make is going. to work well then that's one thing you have to incorporate. 35 PT: She-would like a report: on the I & I :Study, the projects that have been completed and a 36 cost.. comparison of I & I projects and expenses versus actually treating ahe extra water that :is. 37 actually going down: the pipe and. I think' it's an interesting point that -1VIr: Brazil brings. up is 38 the environmental issue which probably isn't addressed in th~~, "cost comparison" because if 39 we're. actually treating raw aewage, down there because of the extra flows that's an additional 40 item that we need to take into consideration. 41 Fred. Stouder; That is one thing we are attempting `to address. The privatization .issue. has 42 been about a. plant at a ocation. It ..has not necessarily been about the wastewater treatment 43 system that includes pipes,,. effluent ponds,, that deals with other issues like reclamation,. reuse. 44 We are attempting to step back and design a big picture so all of that could be cooked .at and 45 costed out'n the larger concept. . _. Key to abbrevfations; JH-Councilmember Jane Flgmilton, NR-Councilmember 1Vancy'Read PH Mayor M. Patricia Hilligoss; MS=Councilmember Mary Stompe IDK- Councilmember David Keller, PT-.Councilmember Pamela Torliaft MM=ice Mayor Matt Maguire ' ~7 IIgg :A.~1,'. t:. .ii''Ah -t.. ST;, September 22; 1998 Vo1.32$, Page 279 1 Tom Hargis: We have looked at I & I {Inflow & Infiltration) over a number of years. 2 iTsually it's more cost effective to treat those flows than it is to spend the money to eliminate 3 them or reduce them. You can't ignore I & I problems. Part of the .process that was set up 4 for our wastewater system was we were. going to look at water conservation and I & I 5 reduction as components of the total system. A major I & I project is the Pond, Influent 6 Pump Station Upgrade which is a $5 million dollar project and that's geared towards having 7 pumping capacity so we don't have overflow within the collection system or eliminate those 8 over flows that we currently have. We're doing a TV monitoring program, we're doing an 9 annual sewer manhole repair project where we eliminate sources of inflow, we've broken. the 10 collection system down into basins and are starting to do projects in the basins that have the 11 highest peaking factor when those winter -rains come, and the Council has been supporting 12 those periodic projects. We're also trying to incorporate whenever we can the non- 13 destructive technology, the trenchless technology where you line the sewer, you don't dig up 14 the street and disrupt the neighborhoods as well as tearing up the street system that you have 15 and we have projects like that that we have been doing, but I think it's more a comprehensive 16 water management concept where your "looking at how water conservation has some 17 reductions to the plant, the cost effectiveness is probably in source of supply. The I & I is 18 not as cost effective on the plant. cost because we have a pond system. We're not going to 19 have that kind of capacity forever so we just can't ignore that .and we are going to have to 20 find the most cost effective places to' reduce I&I as part of a total system. 21 PT: What I thought' we were going to come back'with the last time was a status report on 22 the I & I project and the cost comparison and so we can see the numbers, I know your saying 23 that this is what it is and it's probably not as cost effective to repair the system in some areas 24 versus just treating the effluent, but we need something on paper and maybe you have given it 25 to us; but I haven't been able to review something that tells me that. I need that. 26 Tom Hargis: We haven't done that, but it's one_ of'the things were doing because we have 27 taken a small area of the collection system and done wet weather flow monitoring: Then 28 we're going into that area to make improvements, then we're going to do the wet weather 29 monitoring after the improvements are completed so we can come back to you with numbers. 30 So there is the ability to quantify what kind of reductions there are in flow and those then can 31 be equated to what kind of savings there-'are at the treatment plant. 32 Vasco Brazil: I & I first came to the fore 8 years ago and I don't think there has been much 33 done from the- reduction of I&I in those 8 years. I don't think that the staff is proactive 34 enough related to really getting into it. I know from a private source that the technology 35 exists today, you can't stop all I&I I know that and your only going to get the one that's cost 36 effective, but you can pick out your hot spots and you can take care of them and it isn't an 37 arm and a leg and all you gotta do is like last year you go and see where .your manhole's are 38 popping out from the water and that's where you have a problem in that line. There should 39 have been some results from S years back to now and it hasn't occurred. 40 I do get a copy of the monthly reports and last winter there was in the report that the 41 treatment company wanted more money because they were treating more water so that has to 42 be balanced again if this exorbitant cost that's going to be for one time to get the thing done 43 versus are you going to pay this money for the next 30 years? 44 The city should look into the expansion of the existing plant. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 280, Vo$ 32 September 22, 1998 1 MS: She is concerned. that the approach may .:not be in the best. interest of the rate payers. If 2 there are changes that are recommended and we ask' one vendor to make those changes the 3 only comparison we have is the public- comparison. 4 Fred Stouder: Council could change it at any time; but you in fact might proceed with the 5 design approach. at the stage it's in xhrough. Montgomery United. Water, proceed with the 6 design approach that is an alternative that: is recommended'pc-tentially just ,for the sake of an 7 answer to -your question and ask Montgomery LJriited Water to comment and cost that 'out. 8 You. could be faced with that or'you could suggest opening up the vendor process again. 9 You could ask the selected vendor to alter .their design; 'but .at least .you have ~fhose .choices 10 and-.they may in :fact say we can do that and' this is' the cost or we can do that but we don't 11 think it's' wise and we think it's a better process for you to proceed with what we proposed. 12 PT: What we are approving:here is just;starting°the,.publc comparison. We haven't aaid that 13 we wouldn't allow the two vendor';s'MUW and' EOS to .come:back into the game. and-.give us 14 numbers on our public. comparison, We're not precluded from doing that: 15 FS: Your never precluded. from doing anything, but in fact. we aren't suspending. the process 16 in terms of negotiating.°with MUW. I am still pursuing negotiations, with MiJW based on the 17 contract anguage, They may not be doing any more design work at this point which. makes 18 sense until. this next stage 'is completed and I think'that is wise of them to proceed not doing 19 design work.. 20 21 22 23 24 Motion made by'PT and seconded b_y MM to ,approve, the preparation of a Master Plan Phase 1 and Phase 2 and Alternative 1~ for the new Wastewater Treatment Facilitv~. AYES: Keller, Torliatt, Read, Stompe, vice Mayor 1Glaguire, IVlayor Hilligoss NOES: 'None ABSENT: None 25 _ . (SKIP) . 27 28 29 30 31 32 33 RESO. 98-203 NCS 34 DESIGN OF DISINFECTION FACILITIES IJ~PGRADE PROJECT 35 Resolution. 98-2U3 NCS. Authorizing City Manager to Execute, Professional. Services 36 Agreement with Brown and Caldwell for- Design of the Disinfection Facilities Upgrade 37 Project. Design costs are estimated at $'100,5.82.00. Engineering requests a contingency of 38 $T2,000, for a total authorization of $112,582 for design. .Introduced by 1VIM, seconded by 39 MS. 40 AYES: Keller,. Torliatt, IHamilton, Read, Stompe, Vice Mayor Maguuire, IVlayor Hilligoss 41 NOES: None . Key to abbreviations: JH:CouncilmemberJanelYamilton, 1VR-CoiinclmemberlVancy>Reaci PH-11%layorM., Patricia'Hilligoss,, MS-Cor~neilmemberMbryStompe DK- Couneilmember David Keller, PT-Councilmember Pamela ..Torliatt MM-Vice ~Lfayor Matt Maguire September;22, 1998 1 ABSENT: None Vo1.32~, Page 281 2 ITES®. 98-204. NCS 3 HILTON, FARNI~®PIF & HOBSON 4 Resolution 9.8-204 NCS Authorizing City .Manager to execute Amendment #1 with Hilton, 5 Farnkopf & Hobson for review of the draft Wastewater Privatization Service Agreement. 6 Introduce by PT, seconded byMM. 7 AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss $ NOES: None 9 ABSENT: None 10 CLOSED SESSION 11 Council adjourned to Closed Session for Public Employee Performance Evaluation Pursuant 12 to Government Code §54957 -City Manager. 13 IIOLL CALL: 7:00 p.m. 14 Present: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss 15 Absent: Stompe 16 Pledge of Allegiance was led by Scott Hess. 17 PUBLIC COMMENT:. 18 Harvey Goldberg, Spoke regarding the Measure D on the ballot .related to the zoning freeze 19 south of Petaluma which is a county issue. He also spoke about the value of property at the 20 south end of town compared to the north end. Why would his property be worth $2,000 and 21 the property at the north end be worth multi-million dollars an acre. 22 He is also against the half cent sales tax. Enough money is spend at the gas pumps. 23 Geoff Cartwright, speaking as president of the Petaluma Flood Victims Association. He 24 endorsed the some candidates running for office. 25 David Glass, Mayoral Candidate rebutted a letter to the editor from Tom Baker titled 26 `Scrutinize Mayoral Candidates Carefully'. 27 Jerry Price, Spoke out against several people regarding the Lafferty issue. 28 Scott Hess, Lafferty is a natural cathedral for Petaluma. Please keep it in the budget. 29 Will Stapp, Asked if the actual cost spent on Lafferty to date is $168,000? The answer is 30 yes. 31 COUNCIL COMMENT 32 PT: Attended a conference held in Rohnert Park put on by Business Journal regarding 33 Telecom Valley. It was about connecting business, government and education in the 34 community. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 282, Vol: 32 September 22, 1998 1 DK: Wishes a warm and wonderful New Year to the Jewish Community. He advised 2 Council that there has been no .meeting scheduled with. the Board of Supervisors on the 3 Outdoor Recreation.Plan. They will. probably not see the Plan until the new Board is seated 4 at the beginning of the year. 5 MM: Responded to an editorial in the .Argun Courier o~i September 15 regarding the 6 allegations that the City Council has been .stalling with, the issue of Rainier..- Thi"s City Council 7 in 1994 adopted the EIR, in 1995 it adopted the: ~P1an:Lne, in 1996 put out an RFP in 1997 8 the Preliminary Design.. came. back- and in 1998 the Council. began.. to look :at. that Preliminary 9 Design. and began to consider the impacts of the current design.. The City Council has'been 10 extremely active and diligent and responsibile in looking at all 'the .questions that ,have been 11 raised. 12 REPORT ON DOWNTOWN ACTIVITIES 13 Police Chief Pat' Park fated that there has been no increase in events at the Putnam Plaza 14 Park and other areas downtown. The D.A.R.E. Officers are back in school and only available 15 in the afternoon. There is,some congregation starting~n the 1Main Street Parking;Lotand'he 16 will be addressing that issue. 17 REPORT ON HEALTHY COMMUNITX CONSORTIUM 18 Jim Carr; Recreation Director stated that the Executive Board of the Healthy Community 19 Consortium.. held a;four hour weekend. retreat that. the Gity Manager attended.. The Petaluma 20 Healthy Community Consortium was looking at their role and how to better accomplish it. A 21 consultant from U C San Francisco -was hired' to do a resource community inventory in 22 Petaluma with the .intent of developing an Action Plan. fore the Petaluma Teens .Resource 23 Program. 24 One of the CAPS groups from the Consortium is meeting. this .Friday night at the; Kenilworth 25 Teen Center, 5.:30 to 7:00 p.m. with Dr. Tim Parks, Rolnerf Park Youth and Family Services 26 Agency. The Rohnert Park program involves. Restitution, Community -Service, Counseling, 27 Community Resource :Programs, free Friday night open gym, D:A:R.E 'and Truancy 28 Programs. We are hoping that when: the CAPS group is finished they`will provide an .Action 29 Plan that the Consortium and the City~Council will be able to review ,and give suggestions to. 30 STATUS PAYRAN REACH PROJECT 31 Tom Hargis, Director of Engineering. brought the Council up to date on the property 32 negotiations where. right-of-ways -are. necessary for the channel widening improvements on 33 the trapezoidal channel. We are working with-.our consulting engineer- on the railroad bridge 34 replacement on Lakeville Street. 35 We are meeting this month with the Corps of Engineers where they are doing part of the 36 design for the trapezoidal channel. 37 The agreement. for reimbursement from. the SCWA for the city's portion of construction of 38 the U-Shaped. Channel was approved this afternoon. 39 Jeff Chatfield, U.S..Army Corps of Engineers reported that the flood control project is on 40 schedule. Key to abbreviations: JH-Councilmember Jdne Hamilton, NR-Councilmember NancyRead PH-Mayor.M. Patricia.,Hilligoss; MS CouncilmemberMary,Stompe DK Councilmember David Keller, 1°T-Coiinclmember Pamela Torliatt MM-Vice Mayoi• Matt Maguire September 22, 1998 Vo1.32~, Page 283 1 Phase 1 is over 80% completed. All the sheet piling is in on both sides of the channel. All 2 that is remaining is to excavate the material that is between the two sheet pile walls out of 3 that area and put it behind the walls. There is minor facade work to be completed.. As soon 4 as the excavation is done that :portion of the flood control will be complete. We are .still 5 looking at mid October completion of that project. 6 Phase 2, the two primary tasks are that the city acquire the real estate for the project. The 7 second task is the 95% Submittal Completion of Design in which the final design has not 8 been completed yet. We are predicting a mid October completion of that. 9 Answers to Questions: 10 The sheet pile design life for the project is 50 years. The. type of redwood that will be used in 11 the fences, new growth vs old growth. That can be specified in the plans and specifications. 12 MM: he requested specifically sustainably logged non-old growth or alternative to redwood 13 such as pressure treated with the same life as redwood. 14 Jeff Chatfield,. Can't... say whether or not we actually considered a Sediment Basin in the 15 reports or not. A Sediment Basin is generally used to drop out sediment from a river which 16 down stream from that basin allows the river to flow with a greater velocity because there is 17 less sediment in it. A Sediment Basin reduces flooding impacts. The one issue that comes to 18 mind is the. current Fish and Wildlife considerations as they pertain to fisheries and the 19 discussion that Sediment Basins in some cases are not preferred habitat for fisheries. 20 Cleaning it out is generally the operational impact. Given the size of the channel it may be an 21 issue as far as how to get into the channel. Since you can only dredge out that channel at 22 certain times of the year, it is possible at those times it will be inaccessible. Its a design issue 23 I don't know at this point if we can consider that with. the project we have at hand. It's 24 possible it could be determined' after the project is constructed. 25 DK: Stated he was looking for is some way to localize a sediment drop. It's not going to 26 make any difference to fisheries habitat if we are dredging in an easy access location upstream 27 or if we have to go through to the turning basin. Is there an easy access place where we can 28 get a drag line in or we can;get some other land based equipment off of the side maintenance 29 road to be able toget into there and move sediments out before having to have it go through 30 the flood project and drop into the turning basin? The turning basin unfortunately is not easy 31 accessible°for a drag line. If we can pull that sediment out somewhere else~in the .river, if we 32 can do that. within the design finalization for the trapezoidal great. I would like that 33 investigated and brought back. 34 Jeff advised Council that he is leaving the project and will be moving on to the Los Angeles 35 District Corps of Engineers to be project manager for military projects. He introduced Roger 36 Golden who will be working with the city on the Payran Reach Flood Project. 37 John Cheney, 55 Rocca Drive, the river absolutely needs to be dredged. There is way to 38 much construction going on in Petaluma. In relation to the driving range on Stony Point, are 39 those large holes going. to be lakes or will they be flood control lakes? Redwood Business 40 Park is expanding again.. Is that Zero Net Fill? There is a project going in at Corona and 41 McDowell, is that Zero Net Fill? It happens to be in the flood plain and it is not Zero Net 42 Fill? The City is going to have to take a real hard look at the amount of construction in this 43 town. Key to abbreviations:. JH-CouncilmemberJaneHamilton, NR-Councilmember'NancyRead PH-Mayor M. Patricia Hilligoss, MS Couneilmember Mary Stompe DK- Counei/member David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 284, Vol. 32 September 22, 1998 1 Pamela Tuft, .Planning, Director, The driving range will. not hold water until it rains: The large 2 holes will be retention basins. 3 The Redwood'. Business Park Phases 2 and 3 are within the Zero lvet Fill Policy area and- they 4 do meet the Zero Net Fill Policies. 5 The Corona and McDowell project ~is not subject- to Zero Net Fill, and does: not have 6 conditions of approval that require on site retention.. 7 DK: If we could have staff follow up on that, Corona Road definitely is mapped' for the 8 Flood Plain. 9 Pamela Tuft: It is within the Flood P.lain~ Gombining.District, itis not within the Zero Net Fill 10 Policy: Zero Net `Fill Policy and the Flood Plain Combining District _are not coterminous. 11 Zero Net. Fill deals with the areas west of the freeway up to and wrapping around. on Willow 12 Brook, north of Old Redwood Highway. 13 DK: So we have no Zero Net Fill policy on the east side of the freeway? 14 PT: Note south of Old Redwood Highway. 15 DK Concerned with the amount of land'that is open •right now' in terms~.of sediment control, 16 and the amount of excavation going on. He `would dike to see' staff come- back.. with. a 17 proposal for what we can do for the. highest`level of~enforcement for sediment control. for this 18 winter' before the rains start. It is .appropriate for this Council to take a look a"t whether or 19 not we need to impose a building moratorium until we have ne:w regulations in place: 20 PT: Council needs to agendize and discuss expansion. of~the Zero Net Fi11;Policy: 21 MM: Would like to be,kept abreast of the newprojects coming up between now and spring. 22 PT: She would like to incorporate in the development process a requirement to, have on site 23 detention and make sure that their making ,the: situation better and not worse. 'When. projects 24 come down the line sfie `wants to see where that has'been worked into the process,: and I want 25 to make sure that we can do that. ' 26 Maurice Mattheson, stated that detention ponds don't work: When, the detention. ponds. are 27 full the water overflows and :flooding, occurs. Woodworth Street°is deteriorating because of 28 the garbage trucks weight and the springs under ground. The Garbage Company should pay 29 more for their Franchise to help pay for street repairs. 30 DK: Look at enforcement of weight limits on .city streets. 31 it1ESO.98-205 N.CS 32 LAW ENFORCEMENT BLOCK GRANT 33 Resolution 98-205 NCS approving use of Local Law Enforcement Block Grant Funds for the 34 following ;purposes: $33,000 to participate in the Multi=Agency 'Gang Enforcement Team, 35 $33,62'1 will, be combined with a $25,000 Universal hiring grant. to begin„ mid-year 36 participated in the County Wide' Drug Task` Force: The Drug.'Task Force is scheduled to 37 begin in March 1999, with the hiring to take place by November 1998. Key to abbreviations. JH=Councilmember Jane Hamilton, NR-CouncilmemberNan'ey Read. PH-Mayor M. Patricia Hilligoss, MS-CouncilmemberMary Stompe 1~K: Councilmember David Keller, PT-Cortncilmember Pamela Torliart MM-i/iee Mayor Matt Maguire September 22,.1998 Vo1.321, Page 285 1 The Public Hearing was opened,.. there was no one wishing to speak. The Public Hearing was 2 closed. Introduce `by PT, seconded by JH. 3 AYES: Keller, Torliatt, Hamilton, Read, Stomps, Vice Mayor Maguire,. Mayor Hilligoss 4 NOES: None 5 ABSENT: Stomps 6 ANIMAL, OWNEItSIIIP ANA KEEPING 7 There was some discussion regarding an amendment to Title 9 of the Municipal Code 8 relating to Animal Ownership and Keeping. Mandatory spay/neuter of outdoor cats not 9 confined, Mandatory spay/neuter of dogs upon. second impoundment for straying at large, 10 Prohibition of sales or gift of .animals from public places such as shopping centers or 11 sidewalks. 12 There was concern with cats being spayed upon the first impoundment by the Animal Control 13 Services, Council would like to change that to the second impoundment to avoid sterilizing 14 show cats or prized cat. Also insert an age limit. under Section 9.08.120(G) Recidivism. Any 15 unsterilized dog over 6 months which is impounded a second time for being "at large"........ 16 This Ordinance to be brought back with some language changes at the next meeting. 17 1tES®. 98-206 NCS 18 FY 1998-99 BIJAGE'T 19 Resolution 98-206 NCS Adopting the FY 1998-99 Budget, Introduced by MM, seconded by 20 JH. 21 AYES: Keller, Torliatt, Hamilton, Vice Mayor Maguire, Mayor Hilligoss 22 NOES: Read 23 ABSENT: Stomps 24 ORD. 2078 NCS 25 APPItOI'ItIATING FLTNAS FOR FY 98-991sIJAGET 26 Introduce and Adopt Urgency Ordinance 2078 NCS Appropriating Funds for the FY 98-99 27 Budget. Introduced by NR, seconded by MM. 28 AYES: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss 29 NOES: None 30 ABSENT: Stomps 31 LIAISON ItEPOItTS 32 PT stated that she attended the SCTA. meeting on last Friday. The SCTA adopted their 33 budget for FY 98-99 as well as they reviewed the 1999 Draft Regional Transportation 34 Program that is MTC's plan. Any citizen that wishes to make comments on the draft 35 Regional Plan has the ability to do so until September 30, 1998. You can receive copies of 36 that or look it up on the Web Site WW.MTC.CA.GOV or you can call MTC at 510 464- 37 7700. 38 SCTA unanimously took a position in supporting Measures B & C on the ballot which is the 39 Transportation Measure and the Advisory Measure. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stomps DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 286, Vol. 32 September 22, 1998 1 DK: On Thursday, October 1, at 6;00 p.m. at the Petaluma Senior Center there, will be the 2 next meeting of the Central Petaluma Specific Plan Advisory Committee to take a look at the 3 working draft Specific Plan. 4 CLOSED SESSION: 5 There was.nothing to report: out of the afternoon Closed Sesson.- 6 Conference with Labor Negotiator, Pursuant toy Government Code §54957.6 Unit Update. 7 Conference with Real Property Negotiator Pursuant to Government Code §5'4956.8. 8 Property 14 Rio Vista Way, 701. Woodson Way, 20 Jess. Av ue. 9 10 ' 11 Mayor 12 ATTEST 13 14 15 ~ J 16 Paulette Lyon, 'Deputy Clerk ~~ Key to abbreviations: JH:CouncilmemberJane Hamilton, NR-Councilmember 1Vancy Read PH-Mayor M..Palrica Hilligoss, MS-Cauncilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela`Torliatt 111111..Vice-.Mayor Matt Maguire