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HomeMy WebLinkAboutMinutes 11/16/1987November 16, 1987 V.'23 P. 32? 9 MINUTES OF A REGULAR. MEETING PETALUMA CITY COUNCILS MONDAY,'NOVEMBER 16, 1987 ROLL CALL:' ~ 3:00 p.m. . ~ - ;i ~ _ PRESENT: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey., Mayor Hill-igoss ~~ _. ~. ABSENT: None MINUTES The. November 2, .1987, minutes were amended. as -follows: Page 2, Hamilton Field Development' 7th line down., after semi-colon the sentence should read., , , "and, they added..400 market value units for sale and 550 ~/ental ~ housing units for ~ a •total :residences. to• be ,constructed of approximately 3,500. " .Page 4,. ~ COUNCIL COMMENTS amend second sentence •to• read,, ".Mayor"Hilligoss• said she 'attended a Flood Awareness Seminar with the Fire. Chief . " , . ' PUBLIC COMMENT :~ ~~._ ~.' A . W . Mortensen.,. 11 Gader. Court,. regarding .the .utility tax item on the. evening agenda,. •asked :what. ahe -City needs -money for; . how many people listen to the televised Council: meetings; ' you should see what you could save. on. :- ~ `~. Sonja Bermingham, Sonoma, asked why the Council doesn't raise sales tax and why doesn't .the .council tax -churches . ~ .. _. . ~, -, ~ ,~. . , CONSENT CALENDAR The following items were approved by the adoption of a single .motion which was introduced by Vice Mayor Woolsey. ~ and seconded by ~.~Brian Sobel. • AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, , ~ . Vice Mayor Woolsey, Mayor Hilligoss NOES : None ABSENT: None RESO. 8.7-314 NCS CLAIMS.: AND BILLS PROCLAMATION LIGHT UP PETALUMA Proclaiming November 27, 1987, as Light Up Petaluma Day and requesting the residents to light their porch lights- at 6:.30 p.m. and to visitT the participating Chamber of Commerce member retailers and restauranteurs that day. RESO. 87-315 NCS PETROLEUM AVENUE CHANGED TO MARINA AVENUE Reso. 87-315 NCS changing the name of Petroleum Avenue to Marina Avenue . '.M ~V.• 23 .P..328 November 16,' 1987 ~~ ~•.R•ESO. 8:7=316• NCS .;_ ~ ,~ • MUSEUM. ASSOCIATION AGREEME'NT,~ _~ ..: •Reso. 87-316 NCS approving agreement ;relating to the operation of the museum . :~ ~ , , _:~rJ.~R•ESO~.• 87-317 NCS ~ . rnn. ~ nrrnccrc r.~n r..r-nr, r~~nm ~ . . with Petaluma Museum Association V0117. 62 ti 11 C1JJ1U 'P Vl\ L•-lltl: LLl- 1.: .. .. Reso. 87-317 NCS approving purchase of cab and chassis for the Fire •~ Department . ~ ~ ~ ~ • ORD::. 1704 NCS . SIVIO_KI•NG-r REGULATIONS . Introduce' Ord. 1704 NCS amending Chapter. 8.20 of the Petaluma Municipal Code regulating smoking in certain public places. Before introduction of the ordinance, the Council agreed the ordinance would be applicable to restaurants that have 45 or more seats. Those establishments with less .seating .would not be required to establish smoking and non=smoking areas. Introduced by Michael Davis, seconded by .Vice Mayor Woolsey and .ordered published . AYES: Sobel, Balshaw,.. Davis, Tencer, Vice Mayor Woolsey NOES :, ~. Cavanagh, ~ Mayor Hi=lligoss . ABSENT: None - DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA •! - The City Council discussed whether.• or _not to reopen the public hearing which .was s previously..closed at ~ the. Council meeting of November 2, 1987. • The • City Attorney advised .that • if the Council .wished to ` reopen the public hearing. in order. to accept any additional letters or petitions filed with the .City after November 2,. 1987, .or to hear any further testimony it would be necessary to re-notice such a hearing pursuant to the statutory procedures and to hold the hearing at a later date. The City Council was advised that the City Clerk had received approximately 172 .,._~>.. letters on_ November 16, 1987. - The City Council decided not to reopen the public hearing and. was then advised by the City Attorney that the Council could not consider the letters filed with the :City Clerk nor could the Council hear new • : t testimony . .+,- :.David~ . Spilman,• Finance .Director, •said it •appears the protest letters •represent 440_ of•~the assessments- that are proposed to be imposed. The amount ~ of.., protests received at .the ,public hearing on. November 2 represented 30 0 of the . assessments that~.~are proposed to be imposed. The Council discussed the: •assessment .for !collectives' and agreed that the person assessed would be the one who controls the business; i.e. the owner of the barber shop, the owner of the beauty shop, the owner of the nail salon, the owner of the antique business . November- 16, 1987 V. _2.3.:;P. ~~329 A suggested test for this would be if there is ..a written agreement for the placing of goods for sale,. th e "small•. entrepreneur, • would _ take: no more _ than. 10 0 ,of •the .floor .space,, :be ~on the, premises no morethan: one. day a week, and the person is. ,a_ minor :part of .the, business. Iri these cases an application for exemption would need ~to be completed, b'y the individual barber, beauty operator, antique dealer, etc.; • This would add another category to the list of assessments; ',master leaseholder.. .. The Councilmembers noted that the committee .of ~ .downtown business-persons that is currently acting as the Main Street Committee as well as the Downtown ~•~ Parking and Business Improvement Area Committee will have their annual. elections in April. And, in that regard., all the businesses in the parking and business impr-ovement?-area would have an opportunity to voice their opinions by their stip:port of candidates as well as b.y attendan'ce of .the. monthly •meeting=s .prior- to •that time . . ~ .. ~ .. RESO.. 8;7,-.3:18 :•NCS: . . • •• , • _' ., , . r FINDING.. THERE. ARE„INSUFFI,C°IENT P,RQTESTS-~ ; . _ :_ • .. ~.. .. . Reso. 87-318 . 'NCS .authorizing . the ~ establishment . of a parking and business improvement area and .finding a. )lack of majority protest. Introduced• •by .John Bal'shaw;, ~seconded• by .Lamy..Tencer . AYES: Sobel, Balshaw, Davis, •Tencer_, -.Vice Mayor., Woolsey.. NOES: Cavanagh, Mayor Hilligoss ABSENT: None .. ., ORD. 1705 NCS ~. .~ ~ ... 'T.=~`"~" PARKING;/B.U;S+INESS IMPROVEMENT•,:AR,EA~ .; . ~ • ~~~ Introduce ~ Qrd. 17.0,5 N,CS,_ amending. Chapter ~6°0.6 of..~the ~•Municipal Code relating ~ to Parking.. and Business . ~Impr-.ovement Area by John ,Balshaw, seconded by Vicer Mayor. Woolsey., ,and ordered published . . ~ . .AYES: .Sobel, Balshaw; •Davis'; Tencer;- Vice Mayor Woolsey NOES::, Cavanagh, Mayor~:Hlligoss* _ .. .. :ABSENT: ..None ~ . .. ... • *Mayor Hilligoss' no vote reflected .her, feeling there .should be another public hearing . RESO,.. 87-.3,1;9 NCS ~ ~ ~ ~ ~ .. DRIVING:~UNDER INFLUENCE COST. ,RECOVERY Reso. 87-319 NCS approving cost. recovery program for incidents: relating to driving under the influence of .alcohol or drugs and authorizing execution: of an .agreement ,with G;C Seruices, 8.81 Sneath. Lane, Suite 213, •San.•••B.rurio •'.CA•;•;•to••-handle •±a11t: phases -of. the.~.eollecton.r Introduced, by Vice Mayor. Lynn Woolsey, ••.seconded~.~by,.~ Michael. Davis with. the notat-ion that:,,the cost recovery.:would °not ~be retroactive:. AYES: Sobel,. Balshaw, Cavanagh, Davis, Tencer, Vice. Mayor .Woolsey, Mayor. Hilligoss ... . NOES i -None ~ ~ ~ _ .. ABSENT: None .•.. ,.• ~ • '.`-V. X23. P. • 330 November 16, 1987 The meeting was recessed for dinner. .. RECONVENE 7:00 p:m. . ~ . ,. ROLL} CALL PRESENT: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss •_ ABSENT: None 1, ~ PLED,GE OE ALLEGIANCE Former. Councilman Bob Daly led the Pledge of PUBLIC COMMENT ~-> .: ~ -Margaret White ' of 318 Western Avenue -- .. _Jeffrey W,alter,, Lakeville 'Circle; Society of Separationists- (between Church and• State.) opposes the Utility Tax. Eolah Bates, thanked the City Council for approving the agreement with -the: museum this •afternoon. . . Glenn Head, 402 Hayes Lane, said the City should do credit;.checks for apartment owners . Jerry Parilla, Chairwoman .-of' the Petaluma Area Chamber of. Commerce Holidays Committee, read the proclamation adopted by the Council this afternoon . PUBLIC- HEARING ~ - UTILITY USERS -TAX Finance Director. David. Spilman reviewed. the revenue picture and showed the charts by using the overhead projector. He summarized the financial trends: He noted.. sources of revenue .have not grown as fast as the demands -fore service and .that .there ~ could be a reduction of services performed • as next fiscal -year begins-. He noted ,that in the last ten years, inflation has increased 93 0 over the •last 10 years and while the Assessed Valuation has ,grown by 203$ the. property tax has grown only 360. The few other sources of revenue available to the Council could ,.consider would not ~be sia.fficient to meet- the .increasing demands for City .r -services.~~ ~..~ Regarding.. a possible utility .tax,, 'staff suggested there be a cap of $1, 500.00 on the total amount of utility tax .liability any one business would be required to pay. There also was a recommendation that the persons receiving .an income which is 800 (or below) of Sonoma County .~ median ,income would be ,exempted •from •the proposed utility tax. For a household: size of 1• person • the low income. ,maximum salary ..to receive the exemption. would be $18,.760 -(800 of .Sonoma County median income) . The other figures are as follows: for a household of 2 the. maximum income allowable•.:for,exemption would be $21,400, for 3 persons - $24,120, for 4 ,persons - $26, 800; for 5 . persons..- $28, 475, for •6' persons - -$30,150, for -: ~7 .persons - $31, 825, and 'for a household of 8 persons the maximum allowable income would be $33,:500 to, be eligible for the low income exemption . . ~. No.vember 1b, ~ 198? ~ V . "~2.3 `~P. v331 ^~. UTILITY USERS TAX contd. ~ - .. , _~ ~~~: ' Also discussed was placing a 5-year sunset clause on the proposed utility tax. It is estimated that economic development-'whinh woul'd.. spur additional revenue sources that could .support a basic level of service would be in place by then and the utility tax is a way to biidge..~that revenue gap . ~ - ~ .'~ •=~.- Several.. percentage rates were used in estimating revenue ~ that . m~gh't: b.e generated. The remainder, after deducting for exemptions and :crags on high energy users, the proposedrevenue ranges from $2.94':, 994 from: a l o' i _.. _ .-_ utility tax to $1, 329, 737 from a 5 o utility tax on natural gas, electricity, telephone, and cable television billings. . ;~, ,~_ The Finance Director estimated. that • to -put a ~ utility users' tax .iri.to,~ place,. process .:exemptions.; and' ••smooth -out 'any transitiorialr problems. would necessitate hiring 'one-half' clerk for' 6 months for the first.. year'. The Councilmembers indicated their desire to. let the public vote on the . utilityy• ax .proposal. ... ~: .. The •following~ members' of -the 120+• person audience spoke: ~. • , •• :,. • Jeff Walther, Society of Separation of Church and State. •- oppose,~utility tax, instead tax the churches so they pa.y their fair share (City Attorney Forest advised that: the State: Constitution_ precludes cli~urches from- paying _taxes).; refer the ~ questiori_to the voters... , . _ 4 Ernie . Curtis., 21 Alma .Court, representing . the . Irate• Taxpayers A'ssociat`ion., ~- Props. 13 (:June. 1.978.) has saved the taxpayers millions of dollars t~. :He:: is..~ concerned .because -Santa ~ Rosa has : put the utility tax into effect without' a :vote of -the • people• and. t~laey are •usang it like a gold mine. Present'-.the -question to the people. • , , . • . • ~ . . ,, . Fred .Fairbrother•,:~ 1..09 Webster -said a ~ lot . of mon'ey~ .could ~:be -saved by not building the downtown garage, by not ding the river: ~wa~lk "(.these are all redevelopment area and downtown assessment district funded projects) and the 'auditorium' at .Lucchesi Park. The sidewalks on Hayes Lane. are disgusting. '_ _ .. •~ . ~ _ 1 Bonnie Nelson, •147 Ellis.t•Street-•= =the exemp.tons~.for••.low~•income- people. may be :such .an inconven=ience and/or. there .may not be..auffieient understanding for..people to take advantage of~ them. ~ You :ought .;to give up ~ something else yourselves. Lauded' `effort of the' Police Department to collect • !costs emanating from. arrests ::and accidents caused by persons driving under the. influence of variows ~ subs'tances . ~Volunteersm is a source .:of:.assistance Ghat„ 'should ~ be perused to a greater extent. The number..of false alarms '(b`oth police and fire) is a disgrace sand the perpetrators sYiould•.be~-eharged!,`for~•the response •costs°: ' • ~' "- V.. 23' P., 332 ,.. November 16, ,1987 Jorges Bergman, 605 Marylyn Circle, representing ' A_ARP, American Associ ation of ,Retired Persons, 'even with the exemption there will be a lot of elderly people on fixed .incomes who-are heavier energy users as a result of having to take care of others, so that low income exemption would .not be available toy them. ~_ .:.. ' Jack Schwartz, 23 Halsey Avenue -urged the Council to put the matter on the ballot; tell us exactly • what it is we will- not be getting if this tax does not pass; before you do that; ;look ~ to your own house; maybe there are things that are nice to do that maybe we don't need; can we afford a. Planning Department that goes to the depths that our Planning Department does? Joe ..Augustin, 173.2 Pine Avenue, representing the California Cooperative Creamery - we are a heavy utility user, we support a cap of some kind. t Tony Laruffa, 916 Alderwood Court . - against, applaud Mr. Schwartz' :.~1:~.•comments, go to the people, abridge. across the .river (pedestrian bridge connecting: Water Street with. the .Golden Eagle Shopping Center) ; take ... care of the people who walk the streets not look for' more and more money . . Sonia. Bermingham, '309 Bodega Avenue - the phone company will have to hire more people . - wi: ...John :Albright, 129.9 :Ponderosa Drive~~- we are already paying a franchise ;fee on cables .television.: r _ . .. . ;' ~ . . .Ernest Valdez, 43 5th Street := opposed spending money for the. park on . ~ Petaluma Blvd. (Putnam Plaza funds :came from private sources and from .redevelopment area funds =not General .Fund) . 'How come you don't fix :~~•the, sidewalks (this is.r.eally the_~responsibility of the property owner) . Lewis Larsen, 5.05 Earls Court - appreciate you haven't squandered money; suggest forming a citizen committee similar to the General Plan citizens': committee and cake it ~ out ~ of your lap; the public needs to know why you ~. feel this is necessary;. ,.let the citizens' committee take a look at _ ~ this and,.:if the committee finds you .need .this, the• public would be responsive. The .owner•.of Swensons Ice Cream Parlor_ - his PGandE bill .is .$1, 200 per :~ ~;_month. An additional charge above 'the proposed additional .downtown . < parking and business improvement. area fee increase. and the loss of business from the Keller Street garage construction would put him out of business; has asked for a directory of businesses on Keller Street to be r -:r placed :on :.the. Golden Concourse ..so that .people .know:- what • business • :ies;ta~blishrrients..exis.t, 'there and ,first he• •is advised by the City that a directory of businesses will.:.be. placed ~ at the Golden• Concourse and Kentucky Street and then he was told that there cannot be such a sign . Then the Planning Department fined him for putting up a sandwich board sign . :~Novemb.er 16.; ,1,987 '.:.V., 23!:°P._ X333 UTILITY. USERS TAX cont'd.., . The•- City Manager advised that several methods could be used to establish a cap. on<a•utilitp users: tax. John Milliken, 9 Elm Circle - made, a brief truculent comment and wants the question on the ballot. Bill ~ Brotman~,. 2009: _~Willow :Drive-=- suspects .a sunset~~ tclause, wotil'd not stand ;with- .future. _Councils=;~:ah.e ~'~antiquated~'~ , system .of~ business license fees .is causing , us. to~~ -.lose . money, ..the = .business ~ license rates. for ' professionals are ridiculously low: and ,they don:'t even collect sales tax. Barry Bisson, 108 5th Street . - is a newcomer to town; some of the. things,. that,.. seem frivolous_ . now .will .be greatay.. appreciated .ten years, down: •the .road:-. ~L-~ .. , ~~ ..t _ ~. • ~ ,., • _ . . .Glenn .Head, 402 Hayes Lanet:- middle lincome people .are paying, -it is a discr-iminatory tax when it. puts' the burden on the main :citizens.; .ryou are putting the burden on the wrong ,people; the businessman.. is . going to pass-.that-:.cost over. to his. customers;; maybe we .don't. need those'~parks~ and open space; make it fair. _ . , Reg-final Leipsig,..855 South McDowell - against.,, cannot -af-ford it, prices° are too high already. _ :. ~~ Vince -Landof,. 12 •Cordelia~ Dri-ve•~.-: against, .suggested the people .petition and phone -the utility companies and .make it• so.:hot they.. won't ..collect the tax for the City of Petaluma; although she was a great lady, I feel_ the need -to petition the City Council :and Planning. Commission::. to, stop building •p arks; , buildings..and, other things ao . memorialize. Helen Putnam for. which,. we the taxpayers have. ~. to -foot the future .ma:intenanee;,, costs` on. It• : is time. to change .. ,the City Charter to .make . ,this . an'.: entirely elected government, department heads and the City Manager, to make them directly answerable to.:the will. of the; el'ectiorate. _ .• Bill~:~,Mer,ry.;::~1297.~ Magnolia. Avenue„_ repr-esenting .Chapter 1077 of the National .Association of .Retired Federal. Employees; <ret~irees'. income hasn',t increased with the inflation rate;. we: have to.-aighten our, belts .+up Ito five within our means; feel the City should live within its tax base.: Raymond .Jackson, 4 Candace .Court '- proposes some of the new business;es:;and;~the .new residential homes_ in the; ,town ~have..some :taxation put . on them and not on .the old•:residents; Petaluma should -be ~ promoted more: ~ ~ ~ •~ •-r , .. _ ;! Joe Zusin, • .1,716 Alhambra Court - there are ,~ a lot. of big .corporations a ..ound= ,the: _world ~ that are going ~ through ..a ,belt tightening.; if i;t•, is, :good for. big, business, : it;. is. ~good:~for; P.etaluma.. .. :... ,. . , .. . • .. ,,.. ,. ., ,.,., . , .r ~,, 1 ~'' .V. 23 P. 334 November 16, 1987 UTILITY USERS TAX contd. . Jim Cooke, 812 Sartori Drive a - I do think you are not trying to pull the ~ wool over peoples' eyes; h think .it is .possible that you can have an independent citizens' that can look at both revenue and expenditures. Bob Krause, 1444 Sierra Drive -this sounds like the words before Prop. • •13 vote;~~aomehow or another wergot~~along; our roads and streets are pretty good; somehow we managed; let. ,the ;people speak.. Vincent Brown, 1504 McGregor Avenue .- nearly everything has been said about living within your means . Where does the 1 o tax go? City Manager Scharer -. there is i no. city tax anymore; .there's one tax statewide and it's called the county property tax that's 1%; the 1 o is applied to full cash value of all the property'; what we get in Petaluma is approximately 110 of the 1$ property tax; at the time of Prop. 13 (June, 1978) the City of Petaluma tax rate was less then the maximum because the City was trying to keep the taxes lower than some other :cities ~in the: state that were abusing the tax rates, which was causing a lot of the problems and caused Prop. 13; so Petaluma's percentage is lower than some areas because it was taxing at a lesser rate. So for every $1, 000 in property taxes paid by residents of Petaluma, the City receives $110 of that $1, 000 tax money. Phil Joerger, supports going to the people. Al Gerhardt, 712 .Elm Drive -opposes this, take it to the voters. The businesses will charge the customers more to pay for the tax. All these fees you assess the builders go into the value of the property and the property owner has to pay taxes on them. Randall Beckler, 1821 Lakeville Highway, Space 13, - the city lives off the people so it has to be tighter than the people The meeting was recessed at 9:40 p . m . to 9:50 p . m . The Council agreed to have a study session on Tuesday, December 1, at 7:00 p.m. Included in that discussion would be having a citizen's advisory group, suggestions for other revenue sources, answers to questions raised at this meeting, what expenditures or projects that would have to be deferred without an increase in revenue, development of details for a ballot measure. City Attorney Forest advised if they referred the question to the voters, affirmative votes by 50 o plus 1 vote of the voting public would be needed to approve a measure for General Fund revenues. If the Council referred the question to the voters for special purpose revenues, the vote required would be 2/3 for approval. `November .16', .198? .;V. ~-23;;P.'r335 ~, UTILITY USERS TAX cont''d. .. ~. `r" .. ;~~ •' A . majority of the Council~~ `agreed there .should .be_ p,ublc. involvement in the'~.~proeess. The, :subject :was. .:continued to . the evening of. Tuesday, .D:ecember .1.. ••, .. . , M~r--.. :Mark 'Ammons., 12 . -Hill ',Drive; r.ead:.:a letter 1, to+.,the- Council making suggestions -for ~:traffic..and. 'other ,.improvements in •connection c with the proposed .subdivision. Due to the lateness of the hour, the item was continued-'to- the, November ~ 30 meeting;. .. • ' _ , ADJOURN The' meeting was adjourned at 11:00 p.; m . _ ~ . , . .... - , , _ - , _. .. _ .. ... ... _.. .I _ ..~ < . _ _ . , .. .. _: ' . :;.M. a rica Hillg.o s,, ay .ATTEST ~. ~:.. .,.., . - _. _ . •~ atricia E. Bernard., City Clerk ., ~ I r ._ - - .. ._ .. J f _ `. ' ~ ~ _ .7'• +~. • ' 1 .. I- '