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HomeMy WebLinkAboutMinutes 03/18/1996~ March 18, 19~6 Vol. 29, Page 363 i MINUTES ~ OF A REGULAR MEETING 3 PETALUMA CITY COUNCIL a MONDAY, MARCH 18, 1996 5 ROLL CALI, 3:00 p.m. ~ Preseut: Hamilton, Stoiupe, Maguire, Read, Shea, Mayor Hilligoss ~ Abseut: Vice Mayor Barlas s / MINUTES ~ The minutes of February 5 were ~pproved. io The minutes of February 12 were approved as submitted. ~ G ii The minutes of March 4 were approved as amended: ~~j ~ ~z Page 5~ Line 7+, add, Mary Stompe asked Parks~nd Recreation Corrunission to look ~3 at Shollenberger as a dog park and report back. ~ ia Page 5, Line 9, should read, "There was discussion about ari c~llegation that of late~ is PRESENTATIONS & INTRODUCTIONS i~ Mayor Hilligoss and City Manager Scharer presented Ron Gossner with his ten year i~ pin and Certiticate. is Assistant City Manager Beatty introduced Petaluma Community Access Group i~ Executive Director Brian Wilson. Mr. Wilson told the Council that he is happy to be Zo in Petaluma and he enjoys working with the cabte access group. They have an oftice at ?~ Casa Grande High School. Their new telephone number is 773-3190 ~~ CONSENT CALENI3AR Zs The following items which are noncontroversial and which have been reviewed by the ~a City Council and staff were enacted by one motion which was introduced by Matt ~s Maguire and seconded by Mary Stompe. 26 Ayes: Hauiilton, Stou~pe, Maguire, Read, Shea, Mayor Hilligoss z~ Noes: None 2s Absent: Vice Mayor Barlas 29 30 RESO. 96-71 NCS CLAIMS AND BII,LS 3~ Resolution 96-71 NCS approving Claims and Bills #53533 to #53860. sz RESO. 96-72 NCS 33 1995-96 SEWER MANHOLE CONTRACT 3a Resolution 96-72 NCS approving plans & specifications and awarding contract for the 3s 1995-96 Sewer Manhole Installation Project No. 9799 3~ RESO. 96-73 NCS s~ 1995-96 CURB RAMP INSTAI,LATION 3s Resolution 96-73 NCS approving plans & specitications and awarding contract for the 3~ 1995-96 Curb Ramp Installation Project No. 9833 Page 364, Vol. 29 March 18, 1996 ~ RESO. 96-74 NCS 2 EMERGENCY OPERATIONS PLAN 3 Resolution 96-74 NCS adopting amendments by attachment and reference to the a Petaluma Emergency Operations Plan, including attachment 1-5 Floodplain s Management Protile. A publie hearing was held on this item at the March 4 Council ~ meeting. * * * * * End of Consent Calendar * * * * '~ ~ RESO. 96-75 NCS s 1996-97 CDBG 9 io ii Resolution 96-75 NCS approving the 1996-97 action plan of the Petaluma Consolidated Plan Strategy and projected use of Community Development Block Grant Funds as follows: With Without With Without Agency Project $ Request Holiday Inn Holiday Inn Hoiiday Inn Holiday Inn Burbank Holida Inn $167,250. $167,250. -0-. 104,650. -0-.- Pedestrian Pocket 71,000. -0-. -0-. -0-. -0-. Cit Access/Disable 150;000. 11,510. 154,655 -0-. 82,650. Administration 61,740. 61,740. 61,740. 23,700. 23,700. COTS Counselin 4,160. 4,160. 4,160. -0-. -0-. CRI Access/Disable 24,000. -0-.- 24,000. -0-. -0-. Face to Face Henr House 10,000. -0-.- -0-. -0-. -0-.- Family. Conn. Case Mana ement 5,000. -0-.- -0-. -0-. -0-.- Alano Club Rehab of Club 21,895. 21,895. 22,000. -0-. 22,000. PPSC RAP/MAP 30,000. 30,000. 30,000. 22,650. 22,650. Fair Housin 16,350. 12,145. 12,145. -0-. -0-. Housin Auth. Sec.8/HERO 6,500. -0-.- -0-. -0-. -0-.- County Rent Mediation 6,475. -0-.- -0-. -0-. -0-.- 1996-97 Totals .................. $574,370. $308,700. $308,700. $151,000. $151,000. Q March 18, 19~6 Vol. 29, Page 365 i It is still not known whether or not the Holiday Inn on Santa Rosa Avenue in the Santa 2 Rosa area will be available for use by the homeless. It appears that if that facility is 3 not going to be available by December 31, 1996, Burbank Housing agreements with the a various cities regarding their handling of the Holiday Inn facility will become void. s There was a Council inquiry about using the Community Development Block Grant 6 (CDBG) money for child care; staff will develop a response. Also there may be some ~ development concession the City could consider for industrial businesses that provide s child care facilities for employees. The public hearing was opened. The public ~ hearing was closed. Resolution 96-75 NCS approving the 1996-97 CDBG funding was io introduced by Lori Shea and seconded by Nancy Read. ti Ayes: Ha~nilton, Stompe, Maguire, Read, Sl~ea, Mayor Hilligoss i2 Noes: None i3 Absent: Vice Mayor Barlas ia RESO. 96-76 NCS is OAT~MONT - PCDC ISSiTE BONDS ~~ Resolution 96-76 NCS approving the issuance of multifamily housing revenue bonds by i~ the Petaluma Community Development Coinmission (PCDC) for the Oakmont at ~s Petaluma project. This approval relates to a bond issue not to exceed $4,750,000. ~~ Neither the City nor the PCDC will be tinancially responsible for the repayment of the Zo bond issue for this 76 unit senior assisted care facility to be located on Wood Sorrel z~ Drive on behalf of Oakmont Retirement Investors, LLC (Limited Liability ~z Corporation). The City Council, being the elected legislative body of the City, is the zs body which must approve the issuance of such bonds. The hearing was opened. The za hearing was closed. Introduced by Matt Maguire seconded by Nancy Read. ?s Ayes: Hamilton, Stov~pe, Maguire, Read, Shea, Mayor Hilligoss 2~ Noes: Noue 2~ Absent: Vice Mayor Barlas 2s RESO. 96-77 NCS ~~ TDA 1996-97 FISCAL YEAR - FIXED ROUTE & PARATRANSIT so Resolution 96-77 NCS authorizing the filing of an application with the Metropolitan 3~ Transportation Commission (MTC) for allocation of Transportation Development Act - 3~ State Transit Assistance funds for Fiscal Year 1996-97. The estimated City claim for 33 operating the tixed route is $683,279 and for Paratransit is $226,334 for the 1996-97 sa tiscal year. This funding comes from '/aC sales tax revenue and is distributed by a ratio 3s of the populace. Introduced by Mary Stompe seconded by Jane Ha~nilton. 36 Ayes: Hamilton, Stompe, Maguire, Read, Sliea, Mayor Hilligoss 3~ Noes: None ss Abseiit: Vice Mayor Barlas 3~ PAC BEI,L EASEMENTS ao The resolution about granting easements to Pacific Bell at Corona Creek and at ai Washington Creek for construction of tiber optic facilities had been removed from the az agenda to obtain additional inforination. .' •-v:. ~'~ ~!T Page 366, Vol. 29 March 18, 1996 '~ '},~_t~ .ti'r:~~, 1 RESO. 96-78 NCS z CONTRACT PAXRAN BRIDGE 3 Resolution 96-78 NCS awarding the contract for Payran Street Bridge to C. A. a Rasmussen of Santa Rosa for $1,435,849. Construction of the project will be funded s up to the engineer's estimate of $1.9 Million by Sonoma County Water Agency Zone 6 2A funds. The City has received a protest from the third lowest bidder, Valentine ~ Corporation of San Rafael. It is their feeling that the lowest and second lowest bidders s should have included the name of their principal ofticers as well as the name of the 9 state in which they are incorporated. io Pat Traverso, Santa Rosa, speaking for C. A. Rasmussen - said he put their bid ~i documents together and'there was no space provided in the City's bid documents for ~2 the inclusion of that information. They did name the oft7cers but did not indicate the ~3 state of incorporation. The bid documents also say the forms are to be obtained from ia the City Clerk. That is the form about which he was responding. ~s Robert Valentine, Valentine Corporation, San Rafael - noted they have been in the i6 bridge building business for thirty years. The two bidders which were lower than ~~ Valentine's bid did not include all the information asked for by the bid documents. ia Valentine inserted a special page with the ofticers' names and the state of ~~ incorporation. ?o William McInerney, Valentine Corporation lawyer- the issue here is "responsiveness:" 2i If requests for information are not answered, it is not responsive. If you go along with zz this, you encourage sloppy bidding. ?s City Engineer Tom Hargis noted there were discrepancies on the Valentine Corporation aa form as well. They were: the list of subcontractors and materiai supplier addresses 2s were not included. The City Attorney has advised staff to recommend awarding the ~~ contract to the low bidder and to include the following notation in the resolution: a~ "The Council has been made aware of the objection by Valentine 2s Corporation that required information regarding the state of z9 incorporation of the bidder's corporation and the na~nes, addresses and 3o titles of the bidder's corporate ofticers has been omitted from the bid of 3i C. A. Rasmussen, Inc., the low bidder. The Council hereby tinds that 32 these omissions are not material to the bid and have not provided C. A. 3s Rasmussen, Inc., with any competitive advantagz in the bidding of this 34 project." 35 Introduced by Nancy Read and seconded by Lori Shea. 36 Ayes: Hainiltou, Stompe, Maguire, Read, Sl~ea, Mayor Hil~ligoss 3~ Noes: None 3s Absent: Vice Mayor Barlas 39 RESO. 96-79 NCS ao ANIlVIAL CONTROL CONTRACT ai Resolution 96-79 NCS approving professional services agreement with Animal Control a? Services for three years. Initial payment for the remainder of 1995-96 shall be $18,833 as per month. For the 1996-97 Fiscal Year payments will be $21,045 per month. 44 Payments per month for the 1997-98 Fiscal Year will be 21,592. the 1998-99 Fiscal as Year will see payments to the Humane Society of $22,153. The City's fiscal year a~ begins on July 1 and ends on June 30. 9 March 18, 19{~6 Vol. 29, Page 367 ~ The term of the agreement is March 18, 1996, to July 31, 1999, unless extended by ? mutual agreement no later than January 31, 1999. The hours of the shelter field 3 operation have been 8:00 a.m. to 5:00 p.m. Monday through Saturday. The public a hours are 11:00 a. m. to 6:00 p. m. Monday through Saturday. A mandatory spay - s neuter program will be brought back to the Council in 60 days with a fee schedule. ~ This operation has always been on a`shoe-string' and there is a commitment between ~ the City and the contractor to provide a 5 year program to improve the shelter and its s services. ~ There was an inquiry about utilizing the shelter for teen work programs. Mr. Dan io Knapp of the Humane Society noted that has been attempted in the past and the >> Humane Society has found this program needs more supervision than is available to the ~2 Society, and they have had unpleasant experiences between the youth and the animals. is They also have had discipline problems. It is something that they will look at. ia Another inquiry about animal impound after dark was received by staff and the is Humane Society. They will work with the Police Department to develop such a i~ program. Regarding placement of night receiving boxes outside the shelter, the i~ Humane Society has seen animals stolen, abused, and traumatized when they have been ~s outside and placed in such boxes; there is no one at the shelter at night. Mr. Knapp i~ noted there is always a 24-hour response, 365 days a year as necessary, but they do not zo respond to strays at night. There is no such facility for that in Sonoma County. The ?i Council preferred the shelter remain open on weekends and be closed on Monday. Mr. 2~ Knapp noted they are working on that issue. It was suggested the Public Access cable ~3 television channel be used to help promote adoption of individual animals from the aa shelter. The City Attorney has reviewed the contract. zs Council comments on the contract - agreed with trying to use youth offenders, if ?~ possible, perhaps with a non-paid volunteer coordinator. There should be a manner in ?~ which animals can get housed at night. They agreed to have the shelter open Tuesday zs to Sunday. The five-year strategic plan had Council concurrence. The sign directing ~~ the public to the location of the animal shelter should be made more visible, and it so should be more clear in directing the public to the shelter. 3~ The proposed contract is to be amended as follows: sz Page 10, third paragraph, St~h line - add "vicious or dangerous animal calls" 33 Page 11, the language of the tirst line needs to be claritied. A suggestion was, "There 3a shall be an immediate or an emergency response 24 hours a day." 35 Page 13, add -"Contractor will post a sign listing all costs to the public." 3~ "Disposition of all revenues and donations" also should be listed on that sign./ 3~ Page 13, Item 10, line 2- add,... "of any safety-related deticiencies in the City owned 3R fClClllly... " 39 Item 10, third sentence - should read, "Further, City agrees to repair all non-urgent ao iterns within a .... ai Assistant City Manager Beatty will work with the Police Department to obtain night a~ time emergency response to ask the-n for help in securing these animals. Both the 43 public works and the parks departments currently accept juvenile offenders in the work aa program. ;_, ~. . Page 368, Vol. 29 March 18, 1996 ~ ~,::1 ~ -~£ i Introduced by Mary Stompe with the suggested changes on Pages 10, 11 and 13, and z with the request of utilizing youth, and adding that the Police Department will have 3 access to the shelter for strays, and for the Humane Society to seriously consider being a open on weekend hours, and seconded by Jane Hamilton. 5 Ayes: Hauiiltou, Stompe, Maguire, Read, Sliea, Mayor Hilligoss 6 Noes: Nove ~ Absent: Vice Mayor Barlas a RESO. 96-80 NCS 9 ANIlVIAL CONTROL FEES io Resolution 96-80 NCS adopfing animal control fees for licensing, redemptions, late i~ charges, feeding charges, and needy senior discount fees and rescinding Reso'lution 92- ~2 278 NCS and Resolution 91-15 NCS. The Counci] amended the proposed fee i3 , schedule:~.Redemption fees for small animals, i.e., calves, hogs, goats or sheep for one ia animal should be $35.00, two animals should be $4D.00, three animals should be ~s $45.00 and over three animals $45.00 (plus $20.00 each). They also revised the 16 adoption fees as follows: Dogs $15 and Cats also $15. Trap Rental refundable deposit i~ was amended to $50.00. The Council also discussed senior adoption fee. Introduced is by Matt Maguire; seconded by Nancy Read. i9 Ayes: Hauiilton, Stompe, Maguire, Read, Sliea, Mayor Hilligoss 2o Noes: None zi Absevt: Vice Mayor Barlas za RESO. 96-81 NCS a3 Z'RAFFIC SIGNAI, COORDINATION ?a Resolution 96-81 NCS approving purchase of traftic signal network control and Zs management software from BI-Trans Corporation of Sacramento for $25,000. This 26 software will be used on the Petaluma Blvd. Interconnect, Washington Street Corridor a~ Interconnect, McDowell Blvd. Interconnect and the Lakeville Highway Interconnect. Zs Introduced by Matt Maguire and seconded by Mary Stompe. 29 Ayes: Hainiltou, Stompe, Magiiire, Read, Sl~ea, Mayor Hilligoss so Noes: None 3i Absent: Vice Mayor Barlas 32 OUTSIDE SEWER ~tEQUEST 33 OLD ADOBE SCHOOL - ADOBE RD. 34 The Old Adobe School District has requested the City approve outside sewer 3s installation to their Old Adobe School loeated on Adobe Road. Staff recommended the 36 City Council consider the request for direct staff to investigate the justification of a 3~ "clear health.,hazard" and return to the Council with a resolution recominending the 3s sewer connection. The Ciry Council d'irected that the sewer line be identified as a 39 single user line;for the: school. It was suggested that low flow toilets be installed at the ao school when feasible. The entire cost of this outside sewer connection is to be paid by a~ the school distriet. The principal, Mrs. Lipscomb, advised the Council there is no plan az to close the scfiool. The Council concurred. When all the information has been 43 gathered, this will come back to the Council for formal action. q March 18, 19~6 Vol. 29, Page 369 i WARNER GROUP COMIVILTIVICATION STiJDY ~ Gene Beatty introduced William Doolittle, who presented the Warner Group's Report s on their Study of the Public Safery Communication situation. Although they found no a current "crisis" in their coi»munications review, they did make some s recommendations; listed below in their prioritization: ~ Critical Needs - replace consoles at Fire Headquarters ~ improved technical support from Information Systems (i.e., more a staft) ~ meet seismic standards by retrotitting existing radio equipment io Near term needs for system improvements - 1996-97 ~~ Comprehensive inventory of equipment, schedule replacement goals ~2 for portables, mobiles and tixed radios ~s Work with County to improve coverage of fire tactical networks ia lnstall radio transmitter/receiver at City Hall for Transit channel ~s capabilities ~~ Continue with planned purchase of notebook computers for Police ~~ Select Fire Records Management application is Long term system requirements (one to Yive year) i9 Design, procure and implement a comprehensive, integrated public 2o safety information system ?i Conduct a phased implementation of a new Computer Aided z~ Dispatch (CAD) system and the subsequent replacement of the Police 23 Records Management system aa There was no Council action requested by staff. ~s RESO. 9G-82 NCS ~~ OPPOSE AB 2084 - ~A FLJNDS z~ Resolution 96-82 NCS of opposition to AB-2084 Transportation Development Act ?s funding shift to counties. AB-2084 (Richter) as proposed would allow counties to 29 unilaterally required the Board of Equalization to give TDA funding directory to the 3o county for use in their General Fund. This has the potential effect of crippling the City s~ of Petaluma's public transit system by funneling the TDA funds directly to the county 3~ for its use in the General Fund_ It was moved by Nancy Read and seconded by Mary 33 Stompe. 3a Ayes Hatuiltou, Stompe, Maguire, Read, Shea, Mayor Hilligoss 35 Noes: None 36 Absent: Vice Mayor Barlas , 3~ ADJOURN 3s At 5:30 p.m., the Council adjourned to dinner at Fino Cucina Italiana, 208 Petaluma 39 Blvd. North. ;~:~~;~~:,~~",°'~~''~~`. . ,. ~., . ' . , ii~',ti'~;X'f;,~ a~~; Page 370, Vol. 29 March 18, 1996 t RECONVENE 7:00 p.m. 2 Present: Hamilton, Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor 3 Hilligoss a Absent: None s PLEDGE OF AI.LEGIANCE 6 Assistant Manager Gene Beatty led the Pledge of Allegiance to the t1ag. ~ MOMENT OF SII,~NCE s PUBI,IC COMMEN'~ 9 Ron Hecht, 1452 McGregor Avenue - regarding the homeless shelter at McDowell io School. He is outraged to find out people use the school on weekends. He is so angry. ~~ His son uses that room. The hygiene of the homeless is below average. ~~ The Couricil advised him the City has no jurisdiction over the actions of the school ~3 district. ia Andrew Sayers, 915 Garfield Drive - has a ciaughter who ~ttends McDowell School. Np ~s one told..;tliem the homeless were going to be there on weekends. He would like to i6 have something done about it. i~ Mary Isaac, 312 12th Street - read a letter from a six-year old who wants Lafferty is Ranch open to the public. i~ Bridget Pearce, 1549 Creekside Drive - regarding the Earthday Singers commented ~o about the ineeting where her husband had addressed the Council and had asked that the ~~ young singers receive permission to go up to Lafferty Ranch to sing. The children 2z want to see what they are singing about. The suggestion that they sing in Helen z3 Putnam Park indicated you are not listening. You have denied the children. Develop a aa policy for visiting Lafferty Ranch. zs Rick Pearce, 1549 Creekside Drive - he is back as he said he would be. He wants to ?6 show a film. He hasn't received an answer about that. He mentioned the children a~ have two incubators for tish at Bernard Eldridge. They brought the small fish up to the as Dry Creek area to set them free. He wants to bring the cl~ildren up to Lafferty to sing. 29 He will be out of town until after Easter. He hopes to be on an agenda after that time. 3o He wants to show a tilm to the Council. 3~ Bruce Hagen, 145 Grevillia - the facts are out there. Lafferty is irrep}aceable. Vote it 32 down, don't put it to a vote of the people. He is writing a treatise on `why to keep 33 Lafferty_' Open Space will buy us a reg~onal park. 34 Will Stapp, 1625. Springhill Road - gave a letter to Councilmembers from the Center 3s for Ethics and Economic Policy in Berkeley. He said the Council is abusing their 36 power, -and he is not going to stand for it. He wants to see a politician act for the 3~ people. The Council is ignoring the people. You would be well received to just 3s change direction. 4 March 18, 19~6 Vol. 29, Page 371 i Janice Cader Thompson, 702 Carlsbad Court - do you represent Peter Pfendler or the z citizens of Petaluma? Jennifer Barrett said water is a precious resource. 3 COUNCIL COMMENT - a Jane Hamilton - wants a 1 er of support and sympathy sent to the people of Dunblane, s Scotland, where someone ha 'ust entered a school and shot 16 k,i.iadergarmers and their 6 teacher. She went to a Loca Government conference~d~'6ought a video tape on ~.~i ~ building a livable community, mo t of which Petalurx~d"has already done. She would ~b s like to see something similar done ' h railro cYsq are. She hopes the Council could C~9~ ~ watch it. Regarding placing the Laf ~ t~d Moon swap on the ballot, the Press (/b i o D e m o c r a t d i d a p o l l w h i c h s h d t h a t `~o of th e c i tiz en s w ant to kee p Laffert y. 30 ii When you are elected to t ouncil does on vote his conscience? Does one vote his i~ conscience? Mayb e could call tlle County o help establish a park. If we could ~s only align ou ves with the public wiil. She ref rred to the Press Democrat poll as ~a scientitic noted this is not creative leadership. ~ is Vice Mayor Barlas arrived at 7:40 p. m. i~ Mary Stompe - she met with Congresswoman Woolsey in Washington and talked about » the possibility of Federal Funding for roadway improve~nents on U. S. Highway 101. ~s There are few funds available for highways. The City needs to develop a i~ comprehensive plan for all transportation alternatives. There needs to be a community Zo funded project. She would like to take the lead on this growing problem and requested ?i the Council review increasing the hours for HOV lanes. ~oa ?? Matt Maguire - the result of the Press Democrat poll was ~lo to keep Lafferty, 16% z3 to trade and the remainder were undecided. The way to put this together is not to put it za to the vote of the people. This body needs to sit down with Supervisor Harberson to 2s try to get a regional park in South County without sacriticing Lafferty. Rick Pearce ?~ wants to show his video. He also wants to agendize that the Pearce children want to go a~ to Lafferty. He wants to have the 7 points on Lafferty to be placed on the agenda.S~ ~ 3~~ ?s Carole Barlas - Before the poll ever came out it was clear to her that the majority ~~ interest in the Moon Lafferty situation was against the swap. It seems so simple to 3o think that the City could keep a piece of land the City already owns that has a 3~ tremendous amount of value in all kinds of ways. If the Open Space District is willing 3~ to come up with $1.2 milllion for an easement, certainly we know we've got that much 33 we can get for another piece of property. The response she gets is that somebody sa flipped in the MLS book two and a halti years ago, and she, as a real estate broker, ss knows that there are many other ways to locate properties. She doesn't want to argue s~ the whole issue now. It would be really sad to create the expense of an election drag 3~ this community through the kind of campaign it'll get dragged through. The outcame to 3s her is very obvious that the City will end up keeping Lafferty, the present 3~ Councilmembers who are voting against it will possibly come out with egg on their ao face and there wiil be even more hard feelings. She agrees with agendizing the ai revocation of that original decision, and let's begin to work together to see how we can a2 get a regional park for south county and decide the best use for Lafferty ranch. 43 Mayor Hilligoss - Connie Hammerman of the Petaluma Museum Association manages 44 docent tours downtown. They would like to give the Council such a tour some as weekday in April. Allan Niehol:s was very interested in getting the trolley for Santa a~ Rosa. He would like to come in and tell the Council the background and history of it a~ and suggest how he could help Petaluma in getting the trolley and using the tracks. ~Y ,..y~. Page 372, Vol. 29 March 18, 1996 ~;~s; ~ . ~ She mentioned there may be the possibility of developing a trolley line between the z downtown area and the Factory Outlets, and she would like to have the Council look s into the utilization of trolleys in Petaluma. An example of what has been done is the a Old Pueblo Trolley in Tuscon, Arizona, where some tracks in the middle of Fourth s Avenue and University Blvd. have been uncovered. ~he would like to have that 6 agendized. ~ Nancy Read will discuss some items during Liaison Reports. a Lori Shea - she is surprised at the reaction from the Councilmembers about her 9 suggestion to place the Lafferty-1Vloon issue on the ballot, because that is what they io asked for. She is surprised about Vice Mayor Barlas who is disagreeing. Ms. Shea ii doesn't mind disagreements, and she doesn't mind debate as long as it is done in an ~2 agreeable fashion. Ms. Shea doesn't think that Councilwoman Barlas calling her ~3 "weasel" in the newspapers is an agreeable fashion. She has been on this Council for ~a almost four years and she doesn't think she has ever said anything about the other is members in the press, and she would ask the same respect from her peers. She also i6 asked of Councilman Maguire, "Please don't apologize for me again." She would like i~ the issue of the Moon and Lafferty trade to be put on a future agenda for placement on ~s the November, 1996, ballot. i9 RAIL ACQUISITION Zo Supervisor Harberson reviewed the acc~uisition of the railroad, generally, and the zi railroad depot area (Lakeville between Washington and D Streets). It appears there is a2 now funding for purchase of the railroad between Willits, Novato, and Lombard zs (towards Napa). $25 Million is coming from the Federal government (HR-2 money Za and Federal Intermodal Surface Transportation Efficiency Act (ISTEA) money), $12 Zs 1Vlillion in interest free Federal loans, $5 Million in State money, which is basically ?~ money coming to the counties for transit capital improvement. Escrow is expected to ?~ close before the 15th of April. The ownership will be vested in the Northwest Pacific Zs Railroad Authority, the members are (a) North Coast Railroad Authority - operates ?~ north of Willits, (b) Marin County, (c) Golden Gate Bridge District. Sonoma County 3o did not join directly because of liability concerns, but the membership is obtained si through the North Coast Railroad Authority and the Golden Gate Bridge District. For 3z many years they have looked for a political vehicle that would hold ownership of the 33 railroad. When escrow closes on the last 148 miles of track, the JPA will have a total 3a ownership of neariy 300 miles of railroad right-of-way going from Arcata down to 35 Larkspur and then over to Lombard Junction in Napa. The JPA will end up owning 36 about 500 acres of property; 6.3 acres of which is in downtown Petaluma. s~ The JPA will have to operate this railroad. We will be owners, and with that position 3a we will have a lot of expenses. This railroad is going to have to be operated on its 3~ revenues:. =~There is no taxing authority. This is a good opportunity to make some land ao use decisions that will enhance freight operations and also enhance long-term transit use ai of the pcoperty. We (Golden Gate Bridge staft) are already working with the City of a2 Petaluma:staff on the decision that you will be facing soon about what kind of railroad 43 bridge you are going to have across the Petaluma River as the result of your flood aa improvements in the Payran reach. There ar~ two bridges across the river now, and we as are trying to see if there is a way that railroad service could manage to operate with just 46 one bridge. This would save a consiclerable amount of money in bridge replacement. 4 March 18, 19~6 Vol. 29, Page 373 ~ He hopes that future future City decisions will be be accepted by transit people as " 2 positive for future transit use. The only passenger service that will be available 3 immediately (within the coming calendar year) will be an excursion service. Presently a the North Coast Railroad Authority which operates north of Willits runs a successful, s but minor, excursion service. There are a lot oti train lovers who would like to take ~ such a ride and look at beautiful scenery and perhaps have a glass of wine. This could ~ also provide some money to the JPA to help get this operation going, so passenger s service will be reintroduced. People will get used to going to the stat~on and using the ~ train. If Allan Nichol's proposal to run a trolley between the Factory Outlets and io downtown were to get funding, we and can make it happen. ii The future of commuter rail is somewhat off in the future, mainly from a funding iz standpoint and from a density standpoint. There is not a commuter rail system in i3 California, or proba6ly in the United States, that is not heavily subsidized. The only ~a subsidy that would be available would be some sort of sales taac; but he was not going is to predict that such a sales tax would be adopted by the voters anytime soon. i~ He encouraged meetings between the staff of the JPA and City staff; and at a proper » time, hold a workshop on what we want to do with the train depot area. He is sure the ~s JPA would be most cooperative and would realize the need to generate income to -~ operate the railroad. 2o At Council request, he explained the "two railroad bridges" issue: The main line 2~ tracks come right down alongside Lakeville Street in front of the train depot. Those zz tracks plus one other spur cross the Petaluma River. When the City widens the z3 Petaluma River for the flood project, those bridges are going to have to be replaced. A za temporary bridge will have to be constructed when the main rail line bridge is closed zs for improvement. Again, the main line is the one that runs in front of the depot. If ?~ you do that, then, in effect, you'd have to build two bridges, you'd have to build a a~ temporary one tor the rr-ain line, because you can't shut down the railroad for more as than 24 hours, and you'd have to build a temporary bridge while you expanded the ?9 other bridge. If that can be avoided, and staff has indicated that could be the case, the 3o City could build one bridge on the spur line that goes behind (west o~ the train depot 3i and crosses Washington Street; then that spur goes on to Lakeville Street and crosses 3z the Petaluma River. .. It makes a lot oti sense from both an engineering and an expense 33 standpoint. But, there are a lot of questions that remain. I think the workshop will sa help. If we can to get the development community, the environmental community, the 35 commuting community, and everybody else together to start working and.planning uses 3~ of the pieces of the pie in the depot area, but with a signiticant focus on rail. It is 3~ never too soon to start. This ought to be kept in the back of the Council me~nbers' 3s minds as they start specitic planning for the railroad depot. There is liability coverage s9 from the railroad that if somebody has missed something in their many title searches, ao the railroad will pay for buying it. ai David Keiler, 1327 I Street - congratulations to Jim Harberson and the others to put a~ this together. The land is targeted for development. It would be a good idea to look a3 for a site for a railroad yard. This would be a good jobs potential for the City. 44 WATER SYSTElVY - ROOS COLLINS as Steve Simmons, Water Department - reviewed the chronology of the Petaluma Water a~ System from 1868. From 1968 to 1900 local surface water was the source, Adobe and a~ Copeland Creek diversions began. In 1901 to 1928 Lawler Reservoir was built and as improved to store surface water for summer use. a~.~.l"~`:i ,;~~ ~ ~~: ~:. , . .. . Page 374, Vol. 29 March 18, 1996 ~., ~i a ~;~e~s_, . i In 1924 local groundwater began to be used as a source. In 1928 the California Water z Service acquired the Petaluma Water Sy_stem. The City acquired the water from 3 California Water Service in 1959: In 1960 Lafferty Ranch was leased for agricultural a purposes. s The Aqueduct to Petaluma was completed. In 1975 the Copeland Watershed diversions 6 ceased because of landslides; the Copeland Watershed was quitclaimed in 1980 to settle ~ a law suit. s This reduced the City's total watershed area by one-thicd. Between 1983 and 1991 9 various regulations from the State Department of Dams generated a number of studies ~o about the dam, the reservoir, and the filter plant. (Rogers Creek earthquake fault was ii discovered under the reservoir in 1986.) In 1988 the da~n height was raised based on ~2 findings from studies. The United Anglers requested the City cease Adobe Creek is Watershed diversions the same year. Then in 1989 California Dam Safety required ia seismic sfudies; and the Division of Health Services advised the tilter plan would not is meet upcoming surface water treatment rules. The Zone 4(portion of eastern ~6 Petaluma) water system was built. In 1992, the City Council supported development of i~ new water wells rather than proceeding with mandated improvements to the dam and to ~s the water filter system. The following year the Department of Fish and Game ~9 requested the City remove the Adobe Creek lower diversion structure to allow fish zo passage for spawning. That same year the landowner refused City passage to remove zi the Adobe Creek Lower Diversion structure. In 1994, the City declared the Water Zz Filter Plant and Lawler Reservoir surplus and authorized sale of same. Also that year z3 the filter plant property was sold subject to the buyer removing the Adobe Creek lower za diversion structure, which was removed in 1995. In 1995, City received offer from a Zs prospective buyer who wishes to purchase Lawler Reservoir. a~ Finance Director Spilman reviewed the 1959 Water Revenue Bond and Acquisition of ?~ Water System memorandum to the City Manager which was outlined in his March 8, aa 1996, memorandum to the City Manager. Director of Planning Pamela Tuft reviewed ?9 her March 8, 1996, memorandum to the City Manager relating to the General Plan 3o Program (27) "Reconstruct t/le Lawler Treatme~it Plant to increase its capacity and 3i water quality. " This Program was sent to the Planning Commission and approved for 3a in November of 1993. She noted that she had failed to include the deletion of Program 33 (27) when the last General Plan changes were processed. 34 It was noted that Lawler Reservoir is not on Adobe Creek. It received water by ss diversion t7ume which tilled it by gravity tlow. The water availability through the s~ water filter system was 400-500 gallons per rriinute. Two wells can give the City 400 s~ gallons a minute today. 3s Richard Roos-Collins, attorney for Citizens for Lafferty - addressed the Council about 39 the abandonment of Lawler Reservoir, stated there is incongruity between the General ao Plan Program (27) wording and the action to abandon Lawler Reservoir. He suggested ai getting 'information about "appropriative (water) rights," about "abandoning (water) a2 rights," aliout how the bonds were paid, about appropriate procedures to follow before 43 trading Lafferty, and the use and/or maintenance of riparian rights. 4 March 18, 19J56 Vol. 29, Page 375 i Jim Dombroski, 101 H Street, Suite M- Ad Hoc Committee of Lawyers for Petaluma ~ Taxpayers - questioned the correctness of the March 15, 1996, letter to the City 3 Manager from bond counsel Robert Brunsell which talked about the application of a Government Code §50550 in relation to the repayment of the bonds. s Yigal Toister, 1203 Ponderosa Drive - one of the major things in this world that one 6 needs to be certain of is availability of water. You never know when you may have to ~ rely on different sources of water. Be cautious. s David Keller, 1327 I Street - you have to do the General Plan amendment. Said 9 nobody during the General Plan amendment meetings said anything about selling io Lafferty. This is providence that it wasn't included in the General Plan. We need to ~~ retain control of the water rights. You should uphold the General Plan. You need a iz CEQA (environmental) study. ~3 Robert Ramirez. Jane, Carol, and Matt tried to show that people don't want the swap. ~a This is a serious concern. is Council discussion: i~ • We are out of compliance and staff has admitted it. i~ • Would like to rescind that ordinance abandoning Lawler Reservoir, reconsider it in is full light of day, review it's place in context of all water supplies. This should take i9 place after the result of Lafferty is resolved. Zo • Put this on the agenda. ~~ • Eliminate the City's liability and exposure. a2 • Would like to discuss declaratory relief on the assessment issue. ~3 ~ You can't separate one issue from the other, water and Moon-Lafferty. This should Za all be on the agenda at the same meeting. zs • The Lawler reference should be removed from the General Plan. z~ City Attorney comments: ~ ~ a~ The City Attorney indicated that the documents submitted by the Ad Hoc Committee zs and Mr. Collins continually referred to the Lawler System. Program 27, however, 2~ merely refers to the tilter plant, as Planning Director Tuft has pointed out. Mr. 3o Rudnansky believes that this may be something that would need to be interpreted by the si Planning Commission or the City Council. s~ The most prudent thing to do, to minimize the City's liability, would be to bring the 33 matter before the Planning Commission for a General Plan conformity report pursuant 34 to the Government Code. He mentioned that the particular code that discusses the 3s general plan conformity determination by the Planning Commission may not be 3~ applicable to Charter cities in that there is another code section that indicates that it is 3~ not applicable to Charter cities. However, because of the issues involved and the 38 controversy, staff decided it would be prudent to bring it to the Planning Commission 39 for review. ao He went on to state that no action has been taken on Lafferty at this point. Before ai anything is done, it is anticipated that the Planning Commission would render a az decision regarding a conformity report. ;~~~~~ ~~;: F ~~` Page 376, Vol. 29 March 18, 1996 !t"4s1 4.~ ~~. ~, _ i Rudnansky reiterated that he hasn't had a chance to thoroughly xead the materials 2 submitted this evening, but his recollection was that in reading Government Code 3 §50550 that is specit-cally talks about special assessments derived from special a assessment districts. The original Ad Hoc Committee memo cited a case which stood s for the proposition that when special assessments from a special assessment district 6 were used for a project and the project was abandoned, you cannot keep the rnoney. ~ So that case appears to be distinguishable. However, he indicated that he had not had a s chance to review Mr. Dombroski's letter (received at the ~ouncil meeting this evening) 9 • so he can't say whether or not Mr. Dombroski has provided any other authority on this io issue. ii I.IAISON REPORTS iz The Army Corps of Engineers will be able to have funding. We have a grant i3 application to help with flood tix. ISTEA will be used for transportation projects next ia legislative year. There was talk that the dredging may be a thing of the past. We are is going to Sacramento next week to talk to them about this. i~ CLOSED SESSION i~ At 10:00 p.m. the Council went into elosed session with the City Attorney for a is Conference with Legal Counsel - Existing Litigation [Government Code 54956.9 (a)]: i~ HSW Holdings Company v Ciry of Petaluma, Sonoma County Case # 212979 zo ADJOURN zi The meeting was adjourned to an adjourned meeting Monday, March 25, to continue 22 the Wastewater discussions. 23 . , • . 24 zs . M. Patr~cia i f~goss, Mayor ?~ ATTEST: ~~ zs z9 Patricia E. Bernard, City Clerk 30