HomeMy WebLinkAboutMinutes 12/07/1992December 7, 1992 - Voh 27, Page 211-
1 MINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, DECEMBER 7, fl992
4 ROLL CALL
5 PRESENT: Davis, Vice Mayor Cavanagh, Mayor Hilligoss, Nelson
6 ABSENT: Read, Woolsey, Sobel
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PUBLIC COMMENT.
s Retiring Assemblywoman Bev Hansen presented an Assembly resolution to Vice Mayor
9 Cavanagh who is retiring from the City Council.
to MINUTES
11 The November 16 minutes were approved as amended:
12 Page 187, Line 18 -add, Mayor Hilligoss arrived during the Public Comment time.
13 Page 188, Line 25 -delete the note about. Mayor Hilligoss arriving.
la CONSENT CALENDAR
15 The following items which .are noncontroversial and have been reviewed by the City
16 Council and staff were enacted by one' motion which was introduced by Michael Davis
17 and seconded by Bonnie Nelson.
18 AYES: Davis, Nelson, Vice Mayor Cavanagh, _
19 Mayor Hilligoss
20 NOES: None
21 ABSENT: Read, Woolsey, Sobel
22 RESO. 92-303 NCS
23 CLAIMS AND BILLS
24 Resolution 92-303 NCS approving Claims and Bills #23946 through #24313.
25 RESO. 92-304 NCS
26 FINAL MAP MT. VALLEY PIIASE 2B
27 Resolution 92-304 NCS approving the final map for Mountain Valley Phase 2B.
28 RESO. 92-305 NCS
29 CALTRANS R-O-W CERTIFICATE
3o Resolution 92-305 NCS authorizing the City Engineer to sign a CALTRANS right-of--way
31 certification for ISTEA projects.
32 RESO. 92-306 NCS
33 CITY OF PETALUMA CONFLICT OF INTEREST CODE
34 Resolution 92-306 NCS approving a revised Conflict of Interest Code for the City of
35 Petaluma and repealing Resolution 84-6 NCS. The Fair Political Practices Commission
36 required that all cities update. their conflict of interest codes. This Conflict of Interest
37 Code reflects the changes in job titles that were made several years ago and clarifies the
3s filing categories for vanous employment positions.
Page 212, Vol. 27
December 7, 1992
1 RESO. 92-307 NCS
2 RESIGNATION OF CHARLIE DAWSON -BOARD OF APPEALS
3 Resolution 92-307 NCS accepting the resignation and expressing appreciation for the
4 service of Charles Dawson from the Board of Building Review and Board of Appeals.
5 ORD. 1911 NCS
6 FIRE CODE ADOPTION
~ Adopt Ord. 1911 NCS :adopting the 1991 Uniform Fire Code and various Uniform Fire
s Code Section Numbering changes.
9 ORD. 1912 NCS
io CARDROOMS - IIOUR CIIANGE
11 Adopt Ord. 1912 NCS amending Section 6.20.D20 of the Municipal Code to delete the
12 reference to cardroom hours of operation. This was introduced on November 16.
13 RESO. 92-308 NCS
14 ElVIERGENCI' REPAIR OF 1982 FIRE APPARATUS
~5 Resolution 92-308 NCS approves emergency repair of the 1982 Tele-Squirt .Fire Truck.
i6 The cost was $T0,622.36 and the work was done by Russett Diesel of Fremont.
1~ RESO. 92-309 NCS
18 CANVASS - .NOVEMBER 3,..1992, ELECTION.,
19 WHEREAS, the City of Petaluma conducted a Regular Election on November 3, 1992,
20 in conjunction with the Statewide General Election; and,
2i WHEREAS. the City of Petaluma also conducted a Special Election Consolidated with
22 the Regular Election to submit a proposed Charter amendment to add Section 83 which
23 reads as follows:
24 Measure D -Shall Section 19 of the City Charter be amended as follows:
25 "Section 19 -Compensation -The Council may act, by ordinance,
26 pursuant to a duly notice public hearing, to provide compensation to each
27 of its members in an amount authorized by state law. The Council may
2s act, by ordinance, pursuant to a duly noticed public hearing to provide
29 compensation to the Mayor in an amount up to 150 percent of the
3o compensation set for councilmembers.
31 "Any change in compensation pursuant to ordinance shall apply to
32 councilmembers and mayor immediately upon the effective date of the
33 ordinance even when the effective date is during a term of office."
34 WHEREAS, the Municipal Election was held in the City of Petaluma on November 3,
35 1992; and,
36 WHEREAS, the votes from said election were received and canvassed by the Sonoma
37 County and Marin County Elections Departments, and the returns thereof were
3s ascertained and declared in .all respects as required by law:
December 7, 1992
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Vol. 27, Page 213
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
(1) The City Clerk is hereby instructed to enter this Resolution on the minutes of this
meeting as a statement of the result of said election;
(2) The total number of ballots cast in the School Board, City and Charter amendment
elections held on November 3, 1992, were as follows:
/IEASURES Total Votes Votes For Votes Again<
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Measure D failed 19,910 2,086 ' 12,824"
Absentee only 4„ 106 1,452 2,654;
Total number of Ballots 22,136
Registered Voters 26,740
Voter Turn-out 82.8%
* * * * * * End of Ballot Measure Election Data
Petaluma High School Board 4-year seat (elect 2) (listed in the order they are shown on
the ballot)
Total Vote Absentee
Camille A.' Sauve Sonoma County Vote10;303 2,061
Marro County Vote >~82 18
19 Mary Stompe Sonoma County Vote 7,129 1,430
20 Marin County Vote 40 0
21 Louise Brawdy Sonoma Vote 7,926 1,490
22 Marin County Vote 48 11
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Elizabeth Marquardt SonomaCounty Vote 10,724 2,326
Marin County Vote '93 20
tay .Peterson Sonoma County Vote 7, ,
Mann (:ounty Vote 52 12
Total Number of Registered Voters for School Board Election:
Sonoma County 35,255
Marin County 297
Total Number of Ballots for School Board Election:
Sonoma County 29,193
Marin County 239
Voter Turn-out for School Board Election:
Sonoma County 82.8 %
Marin County 80.5
* * * * * * * End of School Board Election Data
Page 214, Vol. 27
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* * * * * End of Consent Calendar
21 RESO. 92-310 NCS
22 DENY .APPEAL. DELTA BATTERY
23 Resolution 92-3.10 NCS denying the appeal of Delta Battery, 501 Petaluma Blvd. North.
24 The appeal was heard at the November 16 Council meeting. Introduced by Vice Mayor
25 Cavanagh, seconded by Michael Davis.
26 AYES: Davis, Vice Mayor Cavanagh, Mayor Hilligoss
27 NOES: Nelson
28 ABSENT: Read, Woolsey, Sobel
29 REQUEST FEDERAL FUNDING FOR MANDATES
3o A proposed resolution requiring the Federal Government to finance .any State and Local
31 government mandates it enacts and requesting assistance in funding Stafe.and Local costs
32 which are impacted by Federal statutes was discussed. After considerable discussion, it
33 was decided to refer the question to the newly elected Congresswoman. Woolsey.
34 RESO. 92-311 NCS
35 IIAZARDOUS WASTE MANAGEMENT PLAN APPROVAL TIMING
36 Resolution 92-311 NCS requesting the Department of Toxic Substances Control .for
37 immediate review .and approval of currently submitted hazardous waste management plans
3s for Bay Area counties and Department of Toxic Substances Control action on other
39 hazardous waste management plans within 90 days of submittal.
December 7, 1992
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Petaluma. City .Council (elect 3) (listed in the order they are shown on the ballot)
Total Vote Absentee
Lori Shea 9.,064 < 1, 828''
CaroleBarlas ' 8;458 '1,861'
:ar os Bergui o 4, 5
Barry Bisson 4,979 904
James Geagan 5,475 1,033
Coline George 2,151 457
Robert Marketos 803' 154
'ierre Miremont 2,268 448
Jane Hamilton > 6;910 11,322
)on Hoes 5 7
Charles Peaslee 3,781 869
Scott Kendall 1,421 303
Michael .Cleland 620 140
Total number of ballots for City Council 22,100
Total number of Registered Voters for City Council 26,740
Voter Turn-out for City Council 82.6%
* * * * * * * End of City Council Election Data * * * * * *°
December 7, 1992 - Vole. 27, Page 215'
1FIAZARDOUS WASTE MANAGEMENT PLAN contd.
2 The resolution also states the City will support legislation requiring. 90-day review and
3 that non-action by the Department of Toxic Substances Control will result in automatic
4 approval of county hazardous waste management plans. Introduced by Bonnie Nelson.,
5 seconded by Vice Mayor Cavanagh.
6 AYES: Davis, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
7 NOES: None
8 ABSENT: Read, Woolsey, Sobel
9 COUNCIL REVIEW OF CAPITAL IIVIPROVEMENT PLANS
1o FOR SANITARY SEWER
~~ The City Council agreed the new Council should consider this item. It was continued to
12 January.
13 RESO. 92-3Y2 NCS
14 IIEWLETT PACKARD 3000 937 PURCIIASE
is Resolution 92-312 NCS authorizing the lease/purchase of a Hewlett Packard (HP) 3000
~6 Series 937 computer to replace the existing HP 3000 Series 58 that has been discontinued.
17 The data processing hardware is running at capacity; repairs of that .hardware are much
is more costly now; and the processing of the various software is very slow. The new
t9 computer will have significantly more capacity and speed. The Council was reminded
20 this is part of the Data Processing Plan which they adopted in 1991. Introduced by
21 Michael Davis, seconded by Bonnie Nelson.
22 AYES: Davis, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
23 NOES: None
24 ABSENT: Read, Woolsey, Sobel
25
AMICUS CURIE POLICY
26 The resolution adopting a policy for determination when it is appropriate for the City to
27 join as an amicus in cases affecting cities before the California or Federal courts. The
28 proposed policy would authorize the City Attorney to join as an amicus curiae in any case
29 the League of California Cities (LCC) Legal Advocacy Committee will also join; to join
3o when the LCC decides to request depublication of an Appellate decision (not to use the
31 decision as a basis for other judicial decisions);. to join when another city requests
32 Petaluma participation as an amicus and the City Attorney sees benefit to Petaluma. If
33 there is a monetary cost or if there is an issue of controversy in the City, the Council will
34 be asked to make the decision to participate. The Council felt the new Council should
35 review this proposal, so the matter was continued until January.
36 At 3:40 p.m. the meeting was ADJOURNEID to 7:00 p.m.
37 ROLL CALL 7:00 p.m.
38 PRESENT: Davis, Vice Mayor Cavanagh, Sobel, Nelson
39 ABSENT: Read, Woolsey, Mayor Hilligoss
4o INVOCATION
41 Rev. Brad Egbert of Hillside Church led the Invocation.
Page 216, Vol. 27
December 7, 1992
~ PLEDGE OF ALLEGIANCE
2 Councilwoman Bonnie Nelson led the Pledge of Allegiance to the Flag.
3 PUBLIC CONIlVIENTS
4 Frank Gilner of the Petaluma Youth .Soccer League noted there has been an increase in
5 young soccer players. This year there were 1,721.. children participating. They. anticipate
6 the number will exceed 1,900 in the next two years. He asked for Council support for
7 the need for soccer fields.
8 COUNCIL COMMENTS
9 Brian Sobel - He noted that the City's Police Department, and specifically Andy
io Mazzoni, had successfully caused arrests which shut down an ecstasy factory in the
~ 1 County.
t2 Michael Davis - read a letter .from himself to the members of the press., especially the
is Press Democrat, expressing his concern about the press coverage and the potential
14 resultant reaction of the .readers of that newspaper.
15 PROCLAMATIONS
~6 Vice Mayor Cavanagh read a proclamation from the Department of Health Services and
v the Western Consortium for Public Health which gave a Bronze Metal Award to he City
is of Petaluma for being a "smoke free" municipality. This. was presented to, the Police
t9 Chief Dennis DeWitt.
20 RESO. 92-313 NCS
21 NEW WASTEWATER LIST OF APPROVED STATEMENTS OF QUALIFICATION
22 Resolution 92-313 NCS listing the. consulting and joint venture firms that have been
23 chosen by the Wastewater Committee by virtue of their statements of qualification to
24 submit proposals to respond to -the City's draft Request for Proposals. These Requests
25 for Proposals will be distributed to the five joint venture firms. in approximately
26 February. The joint venture firms and associated consultants are listed below:
27 1. James M. Montgomery Operational Services, Inc.
28 Montgomery Watson- Engineering
29 Hoffman Construction Co. -Construction
3o Merrill Lynch & Co. -Financing
31 JMM/OSI -Operations
32 2. Petaluma Glean Water Consortium
33 CH2M Hill, Inc. -Engineering
34 Monterey 1Vlechancal Co. -Construction
35 Operations Management International, Inc. -Operations
December 7, 1992
1 3. The Petaluma Community Wastewater Service Company
2 AIC-Interwest Management Group, Inc. -Project Management
3 Nolte & Associates -Engineering
4 C. W. Roen Construction Co. -General Contractor
s Metcalf & Eddy Services, Inc. -Contract Operator
6 Lemna Corporation -Technology
~ Swanson Oswald Associates -Technology
8 Smith Barney Harris Upham & Co. -Finance
9 Jones Day Reavis & Pogue -Legal
l0 4. Professional Services Group, Inc.
11 Professional Services Group -Operations
12 Black & Veatch -Engineering
13 Western Summit Constructors -Construction
14 Paribas Capital Markets Group -Financial
15 Eisenberg, Olivieri & Associates -Permitting
16 5. Wheelabrator Clean Water Systems, Inc.
17 John Carollo Engineers -Engineering
18 Kaweah Construction Co. -Construction
19 Wheelabrator EOS -Operations
20 Introduced by Brian. Sobel and seconded by Michael Davis.
21 AYES: Davis, Sobel, Nelson, Vice Mayor Cavanagh
22 NOES: None
23 ABSENT: Read, Woolsey, Mayor Hilligoss
Vol. 27, Page 217
24 IZES®. 92-314 NCS
25 BUS SIIELTEIt C®NTItACT -GANNETT
26 Resolution 92-314 NCS authorizing the City to enter into an agreement with Gannett
27 Outdoor of Northern California for bus transit shelters with advertising. The contract
28 guarantees that Petaluma Transit will receive $90.00 per month for each advertising
29 shelter or 18% of the gross advertising revenue, whichever is greater. Introduced by
3o Brian Sobel, seconded by Bonnie Nelson.
31 AYES: Davis, Sobel, Nelson, Vice Mayor Cavanagh
32 NOES: None
33 ABSENT: Read, Woolsey, Mayor Hilligoss
34 RESO. 92-315 NCS
35 PURCIIASE 4 )POLICE VEIIICLES
36 Resolution 92-315 NCS authorizing purchase of four 1992 police vehicles. Two bids
37 were received, one from Newark and one from Sacramento. There were no local
38 bidders. The automobile manufacturers have not begun to make the 1993 police cars,
39 and there are few 1992 police cars still available. Introduced by Michael Davis,
4o seconded by Brian Sobel.
41 AYES: Davis, Sobel, Nelson, Vice Mayor Cavanagh
42 NOES: None
43 ABSENT: Read, Woolsey, Mayor Hilligoss
Page 218, Vol. 27
December 7, 1992
1 UNDEItGROUNI)ING "IZiJI;E 20" PRIOItITI' LIST
2 The Underground Utility Council subcommittee and the Engineering. Department
3 recommend undergrounding the area of Magnolia Avenue from 'Petaluma Blvd. North to
a just west of'Keokuk Street '(2,300 feet) as priority #1. Lakeville Street from Caulfield,
5 westerly towards. Jefferson .and Caulfield. from Lakeville to U S. 1.01 were recommended
6 as priority #2. Water Street, both North and South, were recommended. as priority #3.
7 With the 1993 allocation from the Pacific Gas and Electric Company the Rule 20 funds
8 for Petaluma will total $699,648. The Magnolia Avenue undergrounding is estimated to
9 cost $690,000. It was noted that timing. for the Water Street project 'is several years in
to the future, but it was listed to keep it at the forefront.
11 It was -moved by Vice Mayor Cavanagh., seconded by Brian Sobel to direct
12 staff to work with the PGandE to underground the Magnolia .Avenue
13 areafrom Petaluma Blvd. North to just west of Keokuk Street, and to begin
14 to look at the Lakeville Street undergrounding .project.
15 AYES: Davis, Sobel, Nelson, Vice Mayor Cavanagh
16 NOES: None
17 ABSENT: Read, Woolsey, Mayor Hilligoss
is IZESO. 92-316 NCS
19 PEP/PAYRAN-VALL~TO .HOUSING FUND CIiANGED TO A LOAN
20 Resolution 92-3.16 NCS approves the conversion of the Housing. Fund. allocation to the
21 Vallejo Street Senior Apartments from a "grant" to a "loan". The resolution authorizes
22 the City Manager to sign the appropriate documents upon review and approval of the City
23 Attorney. Changing this action from a grant to a loan will allow certain Internal Revenue
24 Code restrictions to be utilized on this loan in order for the investor to receive tax credits.
25 This is essentially the same as the recent Eden Housing action taken by the City Council.
26 Draft documents forwarded to the Council with thi"s item were a Deed of" Trust and
27 Security Agreement, a Promissory Note for $591; 800, and an Affordability Restrictions
28 Agreement. Introduced by Michael. Davis, seconded by Brian Sobel.
29 AYES: Davis, Sobel, Nelson, Vice Mayor Cavanagh
30 NOES: None
31 ABSENT: Read, Woolsey, Mayor Hilligoss
32 IZESO. 92-317 NCS
33 TPA - CITY SONOMA, PETALUMA & SONOMA HOSPITALS
34 Resolution 92-317 NCS approving a joint powers agreement with... Petaluma Valley
35 Hospital District, Sonoma Valley Hospital District and the City of Sonoma for Advanced
36 Life Support (Paramedic) services. This updates the 1981 agreement. Introduced by
37 Brian Sobel, seconded by Bonnie Nelson.
38 AYES: Davis, Sobel, Nelson, Vice Mayor Cavanagh
39 NOES: None
40 ABSENT: Read, Woolsey, Mayor Hilligoss
December 7, 1992
Vol. 27, Page 2,19
i AI)JOU~tN
2 At 8:05 p.m. the December 7 meeting was adjourned.
.. t
3 M. Patricia Hilligoss, Mayor
4 ATTEST:
5 Patricia E. Bernard, City Clerk