HomeMy WebLinkAboutMinutes 11/02/1998November 2, 1998 Vo1.32; Page 311
i NIINiTTES
z OF A ItEGTLAIt MEETING
3 PETALUMA CITY COUNCIL
a M®NIDAY, NOVEIVI~EIt 2, 1998
s It®I:,L CALL 3:0.0 p.m.
s Present: Keller (DK), Torliatt (PT), Hamilton (JTl), Read (NR), ,Vice Mayor Maguire
~ (MIvI), Mayor Hilligoss (PI-~
s Absent: Stompe (MS)
9 PLEDGE ®F ALLEG><ANCE
io City Manager Stouder led the. Pledge of Allegiance to the Flag.
i i PUBLIC C®MIVIENT
iz Geoff Cartwright -addressed the issue of storm drain lines from the westerly portion of town
13 which. enter the Petaluma River at either side of the area that has experienced flooding.
is Surely, this causes some of their .problems. Old Elm Village, which is planned to be built
is within a year at a location which is adjacent to the railroad tracks and Payran Street west of
i6 the Petaluma River. By 2005 he said the downtown will experience flooding.
i~ Duane Bellinger -regarding. the voter fraud (initiative petition. two years ago) sentencing, he
is asked the County staff to allow him to see. the file: He asked for a copy of a letter which he
i9 said. requested a light sentence and the staff person he was speaking to told him that
zo document should not have been in that file and he could not have a copy. He .asked that the
zi City Council look into the situation wherein persons were given lighter sentences than he felt
zz they should have been given.
z3 Jeanette Ambrosky - read a letter urging the public to vote for certain candidates.
2a C®TJNCII, COMMENT
zs NR - At the ABAG General Assembly there was discussion of diversity and changing of the
z6 voter base. She brought information back to Petaluma from that assembly for distribution to
z~ the Councilmembers.
Za PRESENTATIONS
z9 Employment tenure pins were awarded to the following three persons:
3o Michael. Grummel, Fire Fighter -Paramedic for 10 years of service
31 George Cuenin, Fire Captain -for 15 years of service
3z Wilbur Spaulding,. Jr., Utility Service Worker Water Department for 20 years of service
33 Mayor Hilligoss read a proclamation establishing November 14 Petaluma Healthy Community
3a and Smart Community Day -the proclamation was presented to Dorothy Morns who advised
Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read
PH-Mayor M. Patricia Flilligoss, MS-Councilmember Mary Stompe
DK -Councilmember David Keller, PT-Councilmember Pamela Torliatt
MM--Dice Mayor Matt Maguire
Page 312, Vol. 32
November 2, 1998
1 there will be activities relating to Petaluma's Healthy Community and. Smart° Community Day
z at Casa Grande High School. Smart Community Pins were distributes to the-City Council.
3 Police Chief Pat Parks presented a Medal of Bravery to Marlin Christensen for detective
a work and apprehension of a criminal. Many Police. staff as well as lus parents were in.
s attendance. .
6 MINUTES
~ The rrunutes of the- October 5, and October 19, 1998,, meeting were not approved due to the
s absence of Councilmembers and were continued to the next meeting.
9 LIAISON APPOINTMENT
to Sonoma County :Investors Committee -Sonoma County Econo~mic.Development $'oard, 'The
11 City ~ Council agreed tb continue that item until 7anuary when the new "Council. has been
lz seated.
13 CONSENT CALENDAR
la The following items which are noncontroversial. and which have been, reviewed by ahe. City
is Council and staffwere enacted by one motion which was introduced by NR and seconded by
16 ~~.
17 Ayes; Torliatf (PT), Read (NR), Vice. Mayor Maguire (MIvI), Mayor Hilligoss
is (PI1)
19 Noes: None
zo Absent: Keller (DK), Jane Hamilton (Jl~, Mary Stompe (MS)
zl RESO.98-225 NCS
zz CLAIII~IS AND BILKS
z3 Resolution 98-225 I~TCS approving Claims and Bills #76747 to ##77096.
za ItESO.98=226 NCS
zs MOU POI;ICE
z6 Resolution. 98-226 NCS approving aMemorandum- of Understanding with the Peace Officers
z~ Association of Petaluma covering 1998-99 and 1999/2000.
zs ItES®. 98-227 ,NCS
z9 STREET CLOSUIIE - VETERANS DAY PAItAI)E
3o Resolution. 98-227 NGS approving street closures for the annual Veterans'.Day Parade: The
31 staff report described the closing as follows: D Street and 4th' Street to Kentucky Street; to
3z Washington Street. and North Petaluma Dlvd: to Walnut-Park between 7:00 `a.m. and` bt00
33 p.m. on Wednesday, November 11.
3a RES®. 98-228 NCS
3s COMPLETION - STOItI+'I DRAIN & SEWER IN5TALLATIOIv
Key to abbreviations; JH-Couneilinember Jane Hamilton, 1VR-Councilmember Nancy Read
PH-Mayor M. PatriciaHilligoss, tLIS-CouricilmemberMary-Stompe
DK Councilmember David Keller, PT-Councilmember Pamela°Torliatt
MM-i~iee Mayor Matt Maguire
November'2, 1998 Vo1.32, Page 313'
n Resolution 98-228 NCS accepting completion of the 1998 storm. drain .improvements and
z sewer main installation which was contracted to Nelson Construction. Storm drain
3 :improvements. were completed in Stuart Drive between McKenzie Avenue and McGregor
a Avenue. and in G" Street near Eighth Street: Sewer mains were extended from the backyards
s into .McNeil Avenue between McDowell Blvd. North and Coronado Drive. The final project
6 cost was $270,000.
ORID. 2079 NCS
s ANIIVIAI, REGULATIONS
9 Adopt Ordinance 2079 NCS amending the Municipal Code Section 9.08 relating to Animal
io Ownership and Keeping. This ordinance includes the following amendments: Cats at large
i n may be seized and/or impounded found to be unconfined in or upon any public street, road,
iz alley or public or pn-ivate place unless such cat is spayed or neutered. Dogs shall be spayed or
13 neutered at the .owners expense within 14 days of redemption. and giving away of animals is
is prohibited. The ordinance was discussed briefly at a prior meeting and was amended by the
is City Attorney to reflect Council comments. Introduced by MM and seconded by MS at. the
i6 October 19 meeting.
i7 * * * * * End of Consent Calendar
ns The following two items were not acted on and were continued to the nett meeting.
i9 1VIRTE -1VIETHYL TERTIARY BUTYL ETHER
zo .LETTER OPPOSING CONTINUED iTSE IN GASOLINE
zi Letter expressing City opposition to the continued use of MBTE as a gasoline additive and
zz suggesting the use of ethanol as an `oxygenate' in its place. MBTE has been found in ground
z3 monitoring sites and in the .air and is being studied as a threat to human health including as a
za cause of asthma, cancer, and other diseases. The Sonoma County Mayors and
zs Councilmembers.bave before them a proposed resolution urging the Governor to ban the use
z6 of MBTE. MIVI noted this has been deten-mined to be a serious health hazard because it is
z~ highly carcinogenic.
zs LET'I'>ER OF SUPPORT TO NOVATO
z9 RESTORATION PREVIOUS HOV LANE OPERATING HOURS
3o The. City of :Novato is asking for the support of the City in their request that CALTRANS
31 restore the previous HOV lane operating hours on Highway 101 in Marin County. The
3z existing change in the commute'hours was from
33 Old: 6:30 a.m. to 8:30 a.m. to Now: 5:00 a.m. to .9:00 a.m., and
34 Old: 4:30 p.m. to 7:00 p.m. to Now: 3:00 p.m. to 7:00 p.m.
3s This has caused delays on Highway 101 and has incurred complaints from the driving public.
36 The.recommendation now is to return the HOV lane times to:
3' Reinstate: 6:30 a.m, to 8:30 a.m. and 4:30 p.m. to 7:00 p.m.
3s PT asked for statistics on the HOV lane problems.
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 MattMaguire
Page 314, Vol. 32 I~lovember 2, 1998
1 COMPUT)ER.AII)ED DISPATCH
2 City Manager Stouder ,noted. that the COPS MORE :1998: grant issuance round for October
3 did not, select the Petaluma application request; however, the city has been told the grant
a applications are still.. pending and. encouraged the City to communicate: with their
s Congressional Representatives in Washington to inform them of 'the. importance. of this
6 application.
~ OUTSIDE WATER,REQIJEST
8 WILIVIAR SCHOOL ANID WILMAR FIB `TOFFY.
9 The Wilmar Union School .District and .the Wlmar Volunteer Fire Department have
to requested access to water from the water" main which follows Bodega Avenue to serve .the:
u Wilmar Fire House and Wilson School. The water main in .question is owned by the. U. S:
12 Government for use" by the Coast Guard Station.:only. City Manager Stouder said this is
13 merely an opportunity for Councilmembers to direct staff`to d<r -some research;. develop. cost
la information, and report back to the City Council or. to direct' staff to reject.. the request: It
is was the consensus: of'the Councilmembers present to do some research and to report, back to
i6 the. City Council.
i7 SMART GROWTH PRINCIP~>ES
i8 This was a request for a letter from the City of Petaluma to California Futures. Network in
..
i9 Sacramento, anon-partisan, non-profit statewide- coalition of organizations who bare a
20 common desire to promote economically, socially, and envirorirnentally susfiairiable land. use
2i in California. Today, the annual amount of property tax the State of'California has shifted to
22 its revenue, base. is $3.6 billion. The State has used authority granted by Proposition, 13;
23 passed in 1978:
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The history of the .property tax shift is as follows:
1 - In 1978 Proposition 13 adopted by the voters of the State
a, Imposed a 1% maximum property tax rate
b. Rolled,propertytax valuesfortax purposes to their 1974-7,5, levels
c. Liiriited inereases.in assessed value to,2% per year or
Upon sale of property assessed values reflected tlxe sale price of the property
d. Imposed voter approval requirements for special taxes'
e. Allowed the Legislature: to allocate propertytaxes
2. - In 1979, Proposition. 4 was adopted by the voters of the State .imposing spending limits
on the state.:and local governments. Each year the City Council adopts° the spending limit
for that fiscal year.
3. -Proposition 52 was adopted by-the voters in 1986: ,
a. Imposed voter approval requirements on new or increased general. and 'special.
taxes.
b. Limited real property transfer taxes (collected upon recording of the, sale of
property)
Key to abbreviations: JH-Councilmember Ja»e 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
November 2, 1998 Vo1.32, Page 315
1 4. -Proposition 218 was enacted in 1996 by. the voters of the State, further limiting the
2 authority of local governments to: impose taxes.. on property-related assessments; fees,
3 and charges, thus requiring that they be approved by property owners.
a Imposed new limits and procedural requirements on imposition of:
s Taxes
6 Assessments
~ Property related fees
s All of the above revenue restrictions have generated the growing use of `development fees,'
9 `ballot measures to ovemde tax and spending caps,' and competition for revenue-producing
to development such as sales tax generating businesses. This has been called the fiscalization of
11 .land use.
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The Smart Growth. Principles are:
1. Plan for the Future: make government .more responsive, effective and accountable by
reforming the system of land use planning and public financing.
2. Promote Prosperous and Livable Communities: Make existing communities vital and
healthy places for all residents to live, work and raise a family.
3. provide Better Housing and Transportation Opportunities: provide efficient
transportation alternatives and a range of housing choices affordable to all residents, without
jeopardizing farmland, open space and wildlife habitat.
4. Conserve Green Space and the Natural Environment: Focus new development. in areas
planned for growth while protecting air and water quality and providing green space for
recreation, water recharge and wildlife.
5. Protect California's Agricultural and Forest Lands: Protect California's farm, range and
forest lands from .sprawl and the pressure to convert farmland for development.
Suggestions for State actions include:
Financial support (including restoration of the local portion of property taxes)
Reduce reliance on sales tax and make it easier to share revenues
Provide incentives for `better' land use patterns using such things as regional revenue
sharing, authorize local financing measures by less than a 2/3 vote, and/or share State income
taX
The Council expressed support of these principles and support sending a letter to the
California Futures Network in Oakland.
33 ~,)(.®.~)ED .SES.S'IOIV
3a - Conference with Real Property Negotiator -Pursuant to Government Code § 54956.8.
3s Property: 7 Rocca Drive and 11 Rocca Drive. Negotiating Party: Hargis. Under
36 negotiation: Price, terms of payment or both.
37 - Conference -with Real. Property Negotiator -Pursuant to Government Code § 54956.8.
38 Property: 555 N McDowell Blvd. (Mosquito Abatement building acquisition). Negotiating
39 Party: Beatty. Under negotiation: Price, terms of payment, or both.
ao - Conference with Real Property Negotiator -Pursuant to Government Code § 54956.8.
al Property: Madison Village Townhomes Appraisal. Negotiating Party: Hargis. Under
a2 negotiation: Price, terms of payment, or both.
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 316, Voi. 32 November 2, 1998
1 - Public Employee Performance Evaluation Pursuant to Governrrlent 'Code § 54957°
2 Discussion of City Manager Evaluation and Contract. (Stouder)
3 - Conference with Legal Counsel -Anticipated Litigation Signifi_'cant exposure.. to litigation
a pursuant to Government Code §54956.9 (b) (1 potential case)
s
6 There were no reportable actions from the Closed Session.
7 AIDJOURN_
s At 6:30 p.m., the Council adjourned.
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14 ATTEST:
LvOI/ ~S
M. Patricia. 'lligoss, :Mayor
is
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is Patricia E. Bernard, City Clerk
Key to abbreviations:. JH-Councilniember Jane Hamilton, IVR-Courrcilmember-Nancy Read
PH-MayorM PatriciaHilligoss, MS'Courtcil~nemberMdiyStompe
DK- CouncilmemberDavid Keller, PT-Councilmember Pamela Torliatt
MM-Vice Mayor Matt ~tifaguire