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HomeMy WebLinkAboutMinutes 10/15/1985October 15, 1985 MINUTES OF A REGULAR ADJOURNED MEETING PETALUMA CITY COUNCIL ~i~';;..-,~~;~ ~ ~ TUESDAY, OCTOBER 1~5~, l~1,9~85~ r J :;: "K. _1n:RQLL CALL: 3:00 p.m. -~~ ~;;~i 299 ~¢S~.PRESENT: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw, Mayor ,;,i~;,••., Mattei ;.f,,;ABSENT: Cavanagh f - -- . ':'The: tPledge of Allegiance was led by Councilmember Davis. ' • MINUTES - • -~ .r~,. } . :-.The September 30 minutes were, --amended '`as "follows : Page 295 - Lafferty Ranch lease ~--change" sec'oiid~~sentence to read, "If the Health Department will permit an overnight camping use in drinking water • .~ ,.~ ~~:~watershed lands, a condition should be added to the lease allowing Boy and Girl Scouts to use the Lafferty Ranch." Also, add the following sentence at the end of the item, "The value of the lease should be equal to the taxes being paid by the City each year."; Page 297 - ,,. + Reso. 85-323 N,CS change., the word "additional" to advance and add sentence, "Said advance to be repaid upon discontinuance of employment with the City of Petaluma. " CONSENT CALENDAR ~a.: The: following items were approved by the adoption of a single motion which .. ~ wasp-introduced by Michael Davis and seconded by Lynn Woolsey. AYES: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw; Mayor Mattei NOES: None ~.~ ~ _ABS~ENT : Cavanagh i J .. ~~ ~ ut. ~ ~~~,, :RESO. 85-325 NCS ~rf-~l. •: ~~CLAIMS AND BILLS " ORD. 1634 NCS ZONING ORDINANCE TEXT AMENDMENTS Adopt Ord. 1 34 NCS amending the Zoning Text at various places. ;..~ ~, ; ; (P.rior to .,the, vote on the ~ Consen•t Calendar, the Council asked that s~~ . , references to gender be made 'neutral'. ) °l.. ~ ; ORD'.. 1636 NCS ~-~-• ~~ R_A_DAR ENFORCEABLE SPEED ZONES • -There were several suggested clarifications to be made in the ordinance . It was removed from the agenda •for correction and action at the next meeting . x~!1[3;~"~z . 300' October 15', 1985` GREAT PETALUMA MILL REQUEST RELIEF FROM PENALTY Mr. Ed Love, representing., ,the_ .Great :Petaluma Mill which is a collect_i_on of small retail businesses:, requestedV reimbursement 'of $1,05Q.00 in investigation fees (penalty.) assessed under the Uniform Building,: ,Code when the reconstruction from the December 10, 1984, fire was commenced;. prior.,~,,to,_.,issuance., of.~a ~buildng, ; permit,. Planning- staff outlined the dates the plans were received, ,transmitted to the outside plan checking firm.,. returned for corrections, received, .,.;wi;th corrections, transmitted again to the pan checking firm, approved by the plan checking firm, and issuance. of the building permit:,, ,This process took 31 working days. The reconstruction was begun d~uririg the later stages of the plan check process in an attempt to meet the Great Petaluma Mill's. self-imposed deadline for completion mid-November to accommodate the Christmas holiday sales period. After some discussion,. it was moved. by :Roland Bond and seconded ,by Michael Davis "To return $700 and keep. $3.50 of the investigation fee." AYES: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw, Mayor Mattei NOES: None _ ABSENT: Cavanagh 4 Prior to the vote, the Council stated it was not their. intent •to be setting a precedent by this action and such requests., 5 will; be discouraged. ~, , Removal date for pedestrian safety-walk Mr. Love. expressed~~,'his intent that the. covered, wooden .walkway be removed by November 22, .19.8.5., The City Manager, Building Inspector and Mr.. Love will meet to work on the details . of. addr-essing pedestrian .safety and the removal of the-wooden walkway prior. to ahe retail Christmas season. RESO. 85-326 NGS ._,,,;,.,.,;. ~,,,_. _ BED AND $:REAKFAST-INNS-"--= = -==~~~- ~ - =~=-`- " ~~ Reso. 85-32 NCS approving .issuance of a negative declaration of environmental impact pursuant. to the Cali-fornia~ Environmental ;Quality Act for the addition of 'bed and breakfast. inn' regulations to the Zoning Ordinance. Introduced by Roland Bond, seconded by Vice . Mayor Balshaw. " AYES: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw~,,~"IVlayor Mattei ~ }', , NOES : None ~ ~- ABSENT: Cavanagh ORD . 1637 NCS BED AND BREAKFAST INNS Introduce Ord. 1637 NCS amending Zoning Ord. ,1072 by establishing Bed and Breakfast Inn regulations. Introduced by Lynn Woolsey, seconded by Roland Bond.. AYES: Bond, Davis., Woolsey, Tencer, Vice Mayor Balshaw, Mayor= Mattei NOES': None ABSENT: Cavanagh 1 J u October 15, 1985 301 RESO. 85-327 NCS „ ;.FIREMAN'S FUND SETTLEMENT ""~' ~~" ~ '~~ • ~i I':: ~Reso. 85-327` NCS authorizing execution of an agreement between the e ~_~ ~~r •, .City and Fireman's Fund Insurance Companies in• order to settle and ;,~~i;) :xrelease the claims alleged in Sonoma County Superior Court Action ,.~:4•,~irs` ~`.#131713, City of Petaluma vs. Fireman's Eund Insurance ~Gompanies, et - .. _ •al (for payment of independent counsel fees for flood litigation) . Introduced by Roland Bond, seconded by Larry Tencer. -t~.~ •.~' A•YES?: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw, Mayor Mattei . NOES: None ABSENT: Cavanagh RES'O. 85-328 NCS .t~ TRAFFIC SIGNALS ~~ ~ +•:..r- :Reso. 85-328 NCS awarding contract (:$119,650.00) for traffic signal . installations at Bodega Avenue and Webster Street; at North McDowell ~~~~ ; ..;.Blvd. at Lynch Creek Way (Hospital intersection) ; and for traffic signal modification at East- Washington and Lakeville Streets . It was •:•~~ ..~~~- noted the cost of the North McDowell/Lynch Creek traffic signal is partially being borne by others as follows: Petaluma Valley Hospital .. ~.1:District $13,.250.00, and C.hristensen., &,.Foster $13, 250.00 and that the .... ;:.contract should be completed within 60 working days. f .. Introduced by Larry Tencer, seconded by Lynn Woolsey. .~>• ~ AYES: Bond, Davis, Woolsey, Tencer, Vice Mayor Balshaw, Mayor Mattei ~ ~ . ~, _ r .. , ~, . ~ ~. ~ : . NOES: None ~.. ..:;ABSENT: Cavanagh .. _ ~ . -. ~.• ; .. } ., . ~ .. . r~ T-EENPROGRAMS - • ... ~ •.'The Parks . and_ .Recreation Commission. requested Council approval to _. .. add teen prog-rams to the 1985/86 Recreation Schedule. This would be in the form of Friday evening dances at. Kenilworth .Recreation Center . ir;-t ~ for a three month trial period' beginning on November 8. These dances ,. = ~ •,~are being planned by the youth of the community in concert with the McDowell Drug Task Force .Committee and .the Parks and Recreation ,i ,...• Commission. It was Council consensus to support the proposal. Staff • .:will report to the Council as the program details are finalized. 'rSWsIM POOL OPEN SEVEN MONTHS ~; ~ . ~ The Parks .:and Recreation Commission recommended a change in use of ~ ~±~ .,.the Municipal• Swim Pool from a six-month period of May 1 to October a 31 to a .seven-month. period from March 1 to September 30. Discussion included the cost of heating the water to 78° Fahrenheit using solar • ~~ •.^~.' heat and natural .gas;. the amount of revenue that may be generated ~.~ from this revised schedule; anal. the ~ need to maintain a 78° F. ... .:temperature: The Swim Club coach•.advised that. 78° is satisfactory ~. but does produce problems such as tendonitis in the winter; ?9° F. is ideal for training purposes. The City Council expressed its support .. ~ , of . the. proposal and authorized the Parks and Recreation Director to ,.:? solicit- :firm commitments from •both.. the Petaluma Junior College and the ? ~ ~, High School District for use of the pool. . .:. u. :~ - ... ... :,. ~..., ,. 302 October 15, 1985 RESO. 85-329 NCS , F~~i~;.;,~;r SELF-INSURANCE FEASIBILITY .ST_UDY _ ~ ..,, i_ -'t~ ' Reso. 85-329 NCS autYiorizing execution of a contract with, •ARM.T;ECH of Laguna Hills, .Califor-nia, for $2,7.50:.00 to .conduct a feasibilitystudy for '.'self-insurance of Workers' Compensation -insurance. The City' ._ : Council authorized :travel expenses between Laguna Hills and''Petaluma if it is necessary.. Introduced by Lynn Woolsey, seconded .by Larry . Tencer . AYES.:. Bond, Davis., Woolsey, Tencer, . Vice. Mayor Balshaw=, Mayor Mattei NOES: None ABSENT: Cavanagh REPORT ON INSURANCE REQUIREMENTS INDEPEND-ENT CONTRACTORS -RECREATION PROGRAMS ray, ..5. The City Council was advised it will cost 29~ per Recreati`on,y Program r•.e'gistrant for insurance coverage :(:this~..~does .not include. team sports registrants) . . It was..the .City. Council's consensus that: .~ , ..1. Independent. contractors continue to be hired for the Recreation programs; ~ • 2. r•,• The•-fee-1scHedule be„ a,m`emded -_to •.include %the payment`' for insurance. ;cov~r.age~_ ofi-the': ~regi`strant; 3. The fee~~. schedule:~~and'.- registration forms shall include the° advisory comment that. the additional cost' for .insurance is a direct result of the large Court awarded settlements ~agarist. cities in lawsuits that do not reflect their degree of liability. REPORT ON INSURANCE REQUIREMENTS RECREATION FACILITIES The City Council was advised that as a result of the !Deep~.Pockets' theory of insurance which maintains that. if a party responsible for an injury does not maintain sufficient insurance, a public agency can'- `be. held to pay for 990 of the compensatory damages, the 'C'anadian Indemnity insurance policy was cancelled. The .City Council approved the .following recommendations.: 1. Parties who wish to take 'pot luck' with respect to City. Park picnic areas would not be required to carry .insurance, nor would they be reserving an area for their gathering... 2. If a private party wishes to reserve a public park for a social. gathering, .then $50.0, 000 in coverage would be required. The Homeowner Policy could then be used. 3. Parties wishing to use a public park or public buildn~:g, :;for fund-raisers, carnivals, or any public oriented gathering, would be required to obtain $1,000,.000 in coverage. A. policy could be ~:' :' obtained. through Scottsdale -7Ins~xrance or any other agent the ~. .panty ,d`esired. 4. Any party wishing to reserve .a Public Building for a private invitational function would be required to obtain at a. minimum $500:'000_~~n coverage.l_ :8- p:olic.y .could Abe obtained through the homeowner's. policy_;:: Sco.t~tsdale Insurance or any other. agent the . party desired: .: ;i_, _ . ~~ ~ . _.._..~~1 .. 1 5 . Modify the ordinance to reflect the $50 0 , 000./ $;1,;000:., 000 coverage limits . This would balance out the. social responsibilities of the City to the public with. the ,requirement that the City protect itself from unnecessary lawsuits . 1 1 October 15, 1985 303 At 5:00 p.m. the meeting was recessed to a Closed Session to discuss the acquisition of two Tots. on Margo Lane. COUNCIL REQUESTS The Council asked for a report on downtown parking at the end of ,., ~.; . -: _ each month. The City Manager said a report on additional on-street and satellite parking for the downtown area would be ready on October 28. Also discussed was the row of used automobiles for sale located on the ~. railroad property irrimediately adjacent to East Washington Street between Lakeville and Copeland Streets~r The concern was diverting drivers' attention from controlling their moving vehicles to the 'for ..sale' vehicles alongside the street. ~ .. The railroad crossing at North McDowell was mentioned as a matter of • concern for bicyclists as well as automobiles due to the uneven surface. Councilwoman Woolsey was advised the discussion of merit pay for senior staff has been scheduled for the November 18 meetr}ng. ..... -~tra~ . ATTEST: U i:~ t . rci.~ ,.~ ~~t ~ atricia E. Bernard, City ~C erk ~ ~: ~ ~• ~~ = ' tJ- ~ Mattei, Mayor