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HomeMy WebLinkAboutMinutes 11/17/1997November 17, 1997 Vo1.31, Page 167 1 M~IUTES z OF A ItEGUI~AR 1VIEE~'ING s PET'AI.~JN~A CI~ CO~TIVCII. a I~ONDA~', NOVElVI~Eit 17, 1997 5 1~OLI, CALL 3:00 u.m. 6 Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss ~ Absent: None 8 SWEAI2ING IN CE~MONN~" 9 Patrick T. Parks was sworn in as Police Chief. He expressed his appreciation for the io confidence the City has in him and he noted the Police Department has a good complement of ii staff. He thanked his family and friends for their support and he promised to do the best job -z that he can with the help of the members of staff. "This is a wonderful city. Four or five i3 years from now I hope you look back and say that this was the start of a better place to work, ia a healthier community and you have my pledge to do everything I can in that regard." is COgT1~TCIL COlVII~~N~' i6 NR - we have received an invitation from the City of Novato to have a joint meeting on i~ January 12. The Council responded in the affirmative to agree to that date and to have is appropriate staff attend that meeting in Novato./// The City of Sonoma has a program that is iv called - R U OK. She would like to have that placed on the City Council agenda to see if it is 2o appropriate for Petaluma./// This morning Pamela Tuft, Jim Ryan, Allan Tilton and Vin zi Smith put on a presentation on bus planrung for the(Joint Powers Authority. We should zz provide a letter saying we wish to continue the project.~ Vin Smith did a good job presenting Zs the staffreport. .Q,~ ~ 2a MM - The League of California Cities Leadership Workshop is scheduled for June 3- 5, Zs 1998. He asked the City Council to set aside that time to attend the workshop. This would a6 be a great opportunity to do a little bit of team building with the new City Manager. a~ JH - Gene Beatty and Jim Carr have both attended a meeting with the Department of Boating Za and Waterways. We have an approved moratorium on Marina lease payments for a year. Z9 1VIINUTE5 so The minutes of the November 3 meeting were approved as corrected: 3i Page 153 - Line 21 add after "...proposal for the project alternatives analysi.~' sz Page 153 - Line 30 add after "..County Economic Vitality" 33 The rrunutes of the November 12 meeting were approved as subrrutted: 34 ~oNS~N~ CE1g..~~~f~~ ss The following items which are noncontroversial and which have been reviewed by the City 36 Council and staff were enacted by one motion which was introduced by PT and seconded by 3~ MS. 3s Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss Key to abbreviations: JH-vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, h~IS-Councilmember Mary Stompe - DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 168, Vol. 31 November 17, 1997 i Noes: None 2 Absent: None s ~SO. 97-305 NCS a CLAINIS AND ~ILLS s Resolution 97-305 NCS approving Claims and Bills #68844 to #69220. 6 RESOm 97-3061vCS ~ OXIDATION POND D~E REPAIR s Resolution 97-306 NCS accepting completion of the 1997-98 O~dation Pond Dike Repair 9 which was completed by Cal-Neva Construction Services, Inc., 1385 Folsom Blvd., Rancho io Cordova, California. ii itES0.97-3071vCS iz TRAFFIC I,IGHTS - SFIASTA/SYCAMORE i3 Resolution 97-307 NCS approving plans and specifications and awarding contract for Traffic ~a Signal Installation at Shasta Avenue/Sycamore Lane and Petaluma Blvd. North (at the Police is Station) to Richard Heaps Electrical Contractor, Florin Road, Sacramento, for $138,787.30. i6 Federal Intermodal Surface Transportation Efficiency Act (][STEA) funding will provide i~ approximately 2/3 of the project cost or $87,000. is I~S0.97-3081VCS ~9 YtESTROOM 1tENOVA'I'ION LI~RARY MUSEUlVI Zo Resolution 97-308 NCS accepting completion of the restroom renovation for the Petaluma 2i Museum. The contract had been awarded to Hamilton Enterprises of Sebastopol. The total zz cost of the renovation was $30,960, of which $4,000 will be coming from a Sonoma County z3 L.andmarks grant. Za RES0.97-3091~1CS Zs ~ISZ'OIZICAY./C~JL'TURAI~ Al'POINTMEN~ 26 Resolution 97-309 NCS confirming the Heritage Homes' appointment of Shawn Montoya to z~ the Historical and Cultural Preservation Committee to replace Jim Webb, who has resigned. aa ~SO. 97-310 NCS 29 CONYPLE~'ION AIRPORT IMPROVEIVIEN'TS so Resolution 97-310 NCS accepting completion of the construction of 28 airport hangars by si BDM Construction Company of Santa Rosa. The contract was in the amount of $916,811. 32 RESO. 97-311 NCS 33 ~ET.~I.U~E~ ~~~w~~ - ~L~VE~~~~ BICOL~~ 3a Resolution 97 311 NCS confirming the City Council's action of November 3 to approve the ss I.avatera Bicolor as the I'etaluma Flower. Key to abbreviations: JH-I~ice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. PatriciaHilligoss, MS-CouncilmemberMaryStompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire November 17, 1997 Vo1.31, Page 169 1 ~SO. 97-312 NCS. 2 SON~M~I COjJN~ ~t~~-1VIA~' YNCIDEN'd' PI,A1V s Resolution 97-312 NCS adopting the Sonoma County Operational Area Hazardous Materials a Incident Response Plan and authorizing the Fire Department to continue said document as a s guide for operations at Hazardous Materials incidents. 6 ~SO. 97-313 NCS ~ POLICE C~IEF APPOINT1VgENT g Resolution 97-313 NCS confirming the City Manager's appointment of Patrick T. Parks as 9 Police Chief, effective November 3, 1997. Chief Parks replaces Denrus DeWitt, retired. lo * * * * * End of Consent Calendar * * * * * 11 0~21D. 2062 IVCS 12 CIJPA ORI)INANCE is Reintroduce Ordinance 2062 NCS adding Chapter 17.21 to the Municipal Code relating to a ia Certified Unified Program Agency and amending various other sections of Chapter 17.20 of is the Municipal Code relating to Hazardous Materials. This ordinance came before the City i6 Council on October 20. At that time there was concern about the proposed detail of the i~ personal information an individual would be required to furnish the staff before any ia information on a hazardous materials site was dispensed to that individual. Staff researched i9 the Health and Safety Code to deternune whether or not that sort of detail would apply to zo information requests. The Council also asked for a provision to allow an appeal from a staff 2i decision to go to the City Council. Also the word "specific" is to be stricken from the section 22 (A)(1)(d) under Administrative Procedures; Public Inspection of Records. The fee for ss delivery of propane in small quantities to people, such as back yard barbecues, recreational za vehicles, or a single fork lift truck operation, was amended up to 25 gallons of propane which zs will be the beginning point of the fee imposition. 'There was a public hearing on October 20. z6 Ordinance 2062 NCS was introduced by MS and seconded by NR on October 20. The City z~ Attorney advised that if there was a substantial change, it would have to be reintroduced. 2s The City Council had some changes to make before the ordinance was introduced: 29 . The application for inspection of records shall include: 3o Section 17.21.130 (A)(1)(a) "The subject or description of the type of files to be examined or 3~ requested to be copied." 3z Section 17.21.230 (11) There should be a sentence added relating to the fact that appeals 33 shall be heard by the City Council. Appeals shall be filed within 14 calendar days of the 34 decision of the Fire Chief or his designated Hearing Of~icer. ss Section 17.21.240 "(G) The decision of the Hearing Officer is final and may not be appealed 36 to the Council" should be revised to reflect the fact that appeals will be heard by the City 3z Council. 3g Introduced by DK, seconded by 7H: 39 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss ' ao Noes: None ai Absent: None Key to abbreviations: JH-i~ice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire r. - ~ ,i'.4:. ' ` ' .~:M;= • ~ Page 170, Vol. 31 November 17, 1997 i CITY ATTORNE~' SIGNA~TJRE z "APPI20VED AS TO FORM" s The City Attorney was asked to explain what it means when he signs a document under the a stamp which says, "Approved as to Form" as opposed to "approved as to content?" Mr. s Rudnansky said the content typically would be up to the Council, a policy decision. It is not 6 approving or accepting or objecting to it in terms of the policy decision. In terms of the ~ actual form of the ordinance or with respect to contracts in the form of the contract, as long ~ as it sets forth what the policy makers have decided is the content of the agreement or the 9 ordinance. It has always been my understanding and in spealcing with prior city attorneys io about that. That is what I was told. DK - so then you don't actually specifically review it as ~ ~ far as any legal consequences down the line or liabilities or other potential pitfalls before the i2 city, you've left it as a policy statement but not reviewed it in terms of legal consequences? i3 Rudnansky - Y review it in tertns of legal consequences, primarily to make sure that it ia complies with whatever state or federal laws exist to make sure that we are not inconsistent is with those provisions in terms of ordinances and resolutions and that type of thing. With i6 respect to contracts it's not an issue for me in terms of the business decision. That's i~ primarily been handled by the City Manager's office and decided upon by Council. What I ia really look at in most of the agreements are the indemnification provisions, and the insurance i9 provisions, some of the liability issues. But in terms of the business deal, that's not Zo something that I have looked at or my understanding has been the purview of the City 2i Attorney in the past z2 CLOSED SESSIOl~ zs The City Attorney noted that the City Council made a decision at their Closed Session on 2a Saturday, November 15, to hold a Closed Session on November 17 after the afternoon Zs session to have a telephone conference call with the consultant, Ralph Freedman, on the City 26 Manager recruitment. The decision was made too late to place the item on today's agenda. z~ ~S0.97-3141vC5 ~s CI~'X COZJNCI~ 1tiJY,E5 OF PItOCEEIDINGS z9 Resolution 97-314 NCS amending the Rules of Proceedings of the City Council and 3o rescinding Resolution 96-316 NCS. NR noted that on 7~nuary 1, there will be new si regulations enacted by the State on the Brown Act. The City of Mill Valley has a procedures 32 manual that we should look at. She'd like to look at their position on State and National 33 issues. Maybe we should not wordsmith this here, rather think about it and bring it back. MNI 34 this has come back and forth to us a couple of times and we've been sitting on it for many ss months as other things crowded it off the agenda. I've done my wordsmithing and with some 36 rrunor changes this document covers most of the things that Councilwoman Read has 3~ enumerated, unless the information that she wants to provide to the Council has some sa conflict. This is essentially straight forward and is based on direction to staff. He suggested 39 some irunor revisions to the proposed expansion of the section on Appointments of Council ao representatives - Y,ocal, County and Regional. PH noted it could difficult to have an ai appointee getting direction from the Council before voting. 1VIlVI - felt in practical terms the az Council appointee would know which times agenda items would want to be considered by 43 the Council. Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Cou~zcilmember Nancy Read PH-MayorM. PatriciaHilligoss, 11~IS-CouncilmemberMaryStompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmem6er Matt Maguire November 17, 1997 Vo1.31, Page 171 i In most cases the Council wouldn't be keeping track. PT - this would cause the issues to be a discussed to come before the Council before the meetings. It would also give an opportunity s for a minority position at the meetings. MS - asked that there be consistency in a representation and the appointees should make certain that the City is represented by a s Councilmember at meetings they cannot attend. After some minor amendments it was moved 6 by JH, seconded by MM. ~ Ayes: Keller, Torliatt, Maguire, Vice Mayor Hamilton s Noes: Read, Stompe, Mayor Hilligoss 9 Absent: None lo PUTNAM PLAZA UPDATE i i Recreation Director 7im Carr advised the renovation of Putnam Plaza is being done now. iz Recent chalk graffiti has been hosed off. Police officers have been present and have been is talking to the youth who are congregating there. PT - thanked staff~ for responding so ia quickly. Regarding the video cameras that had been discussed at a prior time and were not is supported by the Council, she would like that to be discussed agam. Police officers and i6 security oi~'icers are eostly. We need to be able to identify who is doing this. The subject of ia restraining orders for the park has come up. Staff was asked if they are useful. NR - is requested that at every Council meeting a verbal update for Putnam Plaza be given to the i9 Council, at least through the Holidays. MM - doesn't want a weekly update. We have the ao appropriate response. If there is an upswing, we should know about it. What kind of zi citations have been given. Video cameras are questionable. DK - he doesn't want a weekly 2z report and he doesn't want this treated at a level of hysteria. Some of the people are from 23 out of the community. There are public space problems due to the lack of pubhc space. JH za - wants to hear an update once a month. She is frustrated. Every time she goes through the 2s park, it is a very unpleasant place and it is getting worse. She questions about the surveying z6 cameras. PT - wants this problem to stop. She wants to know the type of vandalism that a~ occurs. Video cameras can assist the police. She doesn't want windows broken nor does she Zs want graffiti there. She wants to deal with this swiftly. She asked the City Attorney if z9 property owners can use video cameras. The Recreation Director noted that there was a time 3o when coffee and cookies were being given away. People came from distances for that and 3i the coffee and cookies are no longer available as a free item. DK - noted there will be no 3z new police staff until 7anuary or February. The person who did the damage was arrested. 33 MS- would like to see a monthly report, at least. M1VI - maybe a monthly report in memo 34 form. Police are speaking to the people and handling them fairly, that is going a long way to ss help. JH- she would like to have the report on the agenda in the afternoon so the matter can 36 be discussed with staff. Five of the Councilmembers agreed to have a monthly report on the s~ issues at Putnam Plaza. The City Attorney will research the issue of the legality of private 3s property owners using video cameras. The Council would like information on the arrests at 39 Putnam Plaza as well as the Keller Street Garage, the types of violations, time of day, and ao information on the restraining order procedure. ai Linda Buffo - Downtown Merchants Association - the problem is not going to go away and it a2 needs to be managed. The Opportunity Center has cleaned the alley. They will do this once a3 a month. We need a form of Police control. There is drug dealing down there. We would aa appreciate the acknowledgment of the problems. Management of this sort of situation takes as diligence. Thank you for your assistance. Key to abbreviations: JH-I~ice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-~?ayor M. Patrfcia Hilligoss, MS-Councilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 172, Vol. 31 #;;'';, _,;i~~~ ~ November 17, 1997 i EMPIRE WASTE MANAGEMEN'T , . ,"~, • , z Mr. Landa of Empire Waste Management noted, regarding the downtown area, the bins in 3 American Alley have been overloaded. Some days the bins become half-full right after the a collection. It appears that some people are using bins which tlhey do not pay for. Some of s the bin contents are of household character. Commercial recycling is not covered by the 6 City's franchise. Debris boxes are furnished by more than one firm. The City Manager noted ~ that not everybody is using the service downtown, rather they are using other business's bins. s Some businesses need to increase their number of pick-up days. There will be some 9 enforcement activity down there. The City has identified some of the problems and some of zo the problem makers. Mr. Landa noted that they offer and charge for commercial recycling. ii Regarding the refuse cans in the downtown area, they service them on a regularly scheduled i2 route. We went to five times a week. We need to have a characterization study of bin ~s content. They sweep Telephone Alley once a month. We have digital cameras that we use to ~a photograph overloaded bins and included that in our correspondence to customers. We also ~s propose to have bag tags available for those who would like to increase the amount of yard i6 waste that is picked up. The charge is $3.00 per tag and they will mail them in lots of 3 tags. i~ They are in the process of working with the City to deal with non-payment customers. ig Itegarding the recycling programs, they recycled 6,400 tons of yard waste last year which i9 equals about 600 garbage trucks. 20 ~SO. 97-315 NCS zi PG&E SZJBS'I'ATION A~' 210 CORONA ROAI) zz Resolution 97-315 NCS making recommendations to thP California Public IJtilities zs Commission on the proposed substation and aerial transmission line at 210 Corona Road. za The application is being filed with the PUC on November 21. The Council was advised that zs they do not have discretionary power on the matter, but they can respond just the same as a zs member of the public can respond. Staff feels there remains a visual impact even when the 2~ suggested mitigations are in place. It is also the recommendation that a full EIR be required Zs for the project of expansion of the substation which is located on Corona Road adjacent to z9 Youngstown Mobile Home Park. With the increase in need for electricity from new housing 3o and commercial installations in that part of town, there is the need to increase the power si generation capability for the area. Currently, the electricity for that part of Petaluma comes 3a from Cotati. Increasing the size of the substation would allow the electricity to be generated 33 in Petaluma. It would also allow the PG&E to bring service back up more quickly from some 34 power failures. PG&E was told by a Councilmember that the power poles and the fire tower ss across the street are "butt ugly!" The Council saw colored prints of the Corona PG&E site 36 as it is and how it will look with the added electrical equipment and mitigating landscaping. 3~ Regarding the height of the high tension power lines, the PUC has asked them to raise the ss lines to reduce the electromagnetic field levels. 39 Regarding undergrounding the high tension lines, this would most likely require additional ao poles and a transition station which would stand out more than which has been shown to the ai Council this date. It was noted that high tension lines are not usually undergrounded. They az need to use oil to cool the underground lines. Also the underground lines must be installed at a3 a specific length. Key to a66reviations: JH-vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember ~1~Iary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire November 17, 1997 Vo1.31, Page 173 30 i Should there be some excavation that interrupted the lines, it would take longer to replace an 2 underground segment than it does to replace overhead wires. The Council questioned 3 whether or not the high tension power pole on North McDowell could be placed on the a corner where the Fire Station is located. They also questioned why the wires must cross s North McDowell (Response - the high tension wires are on the U. S. Post Office side of 6 North McDowell from Corona Road to Old Redwood Highway, and these wires need to ~ connect with that line.) s The life of t}us project is to 2008 or 2010. Ultimately 2 transformers would have to be in 9 place which will be needed about 2004. io Pam Young, owner of Youngstown - she thanked them for changing the lights down from i i 400 watts to 70 watts. She would rather have them consider a precast wall and would like i2 PG&E to maintain it. The landscape plans look good. She was asked if she had looked at ~3 the potential problem of sound bouncing off the hard wall surface which would be facing the ia freeway. Her response was the EIR is needed to address such issues. She asked that the is Council recommend to the PUC that PG&E pay all of Youngstown attorney fees; however, i6 she did not know what they would be. i~ MS - said it is imperative to improve the electric service. There are certain tlungs that can't ia be hidden like the towers: She opposes asking PG&E to pay their attorney fees. She agrees iv with construction of fence improvements, but not a wall. NIM - agrees w~th having an EIR. Zo He wants the undergrounding looked at. If the California PUC finds it can't be zi undergrounded, we need to look at running the line on the west side of McDowell to Corona ~z to the Firehouse and he recommended the Council adopt the 9 points in the draft resolution. Zs DK - noted there is noise there 24 hours a day. 'That needs to be addressed. PT - are we 2a going to have a staff member attend the PUC to represent the City and its concerns? Staff zs said someone would attend that meeting. Resolution 97-315 NCS was introduced by MM z6 and seconded by DK. 2~ Ayes: Read, Keller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 2e Noes: Stompe 29 Absent: None SFIORT ~tA1~TGE TRANSIT PI.AN si The resolution approving Petaluma Transit Short Range T'ransit Plan as presented by Crain & 32 Associates was not discussed due to the lateness of the afternoon meetmg. Public comment 33 was taken and the matter was continued to the December 1 meeting. The Short Range 3a Transit Plan recommended: (1) combining the Westridge and Cherry Valley routes into one 3s route, splitting the Ely route into two routes and adjusting the North and South McDowell 36 routes; (2) elirrunating portions of routes that are listed in SRTP as having low ridership; 3~ and, (3) directing staff to return with a rate increase and implementation plan; and, (4) ss adopting "worst case" scenario*. *The "worst case" scenario assumes that the total amount 39 of operating subsidy is reduced by 20% without specifying the source or reason for the ao reduction: ai OlympiaMonteleone, Crinella Avenue - expressed her desire to have the buses off of Crinella a2 because there is so much traffic on that street. We now have two stop signs on Crinella. 43 There is excessive speed and excessive noise. Key to abbreviations: JH-i~ice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire ' ',f'.4.;1,• ~ . .. ~ , - . -i' , ~. ' Page 174, Vol. 31 November 17, 1997 i Transit Coordinator Jim Ryan said the buses are being removed from Crinella Drive, but 2 should there be a special request for bus service on Crinella, they will honor those requests. a Ann Zuffo, Crinella Avenue - there is much traffic and the brake noise from the buses bothers a them. Mr. Ryan said they used decibel meters, and the buses did not exceed the decibel limit. s They also used radar guns to assess speed. The highest speed was 29/30 miles per hour. The 6 brake noise is a design flaw with this particular bus equipment. Harriet Acorne, Petaluma ~ People Services Center - asked if the Council would still allow the Paratransit buses to travel s on Crinella Drive. There was not a negative response. T'he remainder of the discussion of 9 the Short Range Transit Plan was continued to December 1. io ROOSTER RUN GOLF COUItSE I.EASE i i The Ordinance to amend the lease for Rooster Run Golf Course was continued to December 1L ~. N i3 CLOSED SESSION ia At 6:15 p.m. the Council recessed to closed session to have a conference telephone call with is the consultant Ralph Freedman to discuss City Manager recruitment pursuant to Government i6 Code §54957 and Council action on Saturday, November 15. i~ Conference with legal counsel on anticipated litigation pursuant to Government Code is 549569(b) 1 potential case. i9 t~DJOi1~tN to dinner at City Hall. 2o ItECONVENE 7:00 p.m. zi Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss z2 Absent: None z3 PLEDGE OF ALLEGIANCE Za The Boy Scouts led the Pledge of Allegiance to the flag. as MO1VgEN'I' OF SII,ENCE z6 PUBI,IC ANI9 COUNCII. COMIVIENT' 2~ Arthur Kerbel spealcing for the Special Needs Program - the Parks and Recreation Za I~epartment has notified him of the charge of $300 that will be levied to this group for a 29 Christmas Party for use of a city facility. I-ie said they cannot afford that extra cost. T'his is 3o for 400 developmentally disabled persons. Jim Carr, Director of Parks and Recreation, noted 3i the party goes from 8:00 a.m. to 11:00 p.m. and the fee is only for costs incuned. MS said sz put out the word tonight and ask somebody in the community to come forward to pay for 33 this. It was noted that checks could be sent to OADS at 2~5 Casa Cirande Road. MS - 34 would like to see us waive the fee this year and give notice. 7H - I also would like to see the 3s fee waived. Key to abbreviations: JH-i~ice Mayor.Iane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt R~IM-Councilmember Matt Maguire November 17, 1997 Vo131, Page 175 i PT - find out,what happened and why this all occurred,-e.s~l-~ Recreation Director Jim Carr z noted that 2 years ago Mr. Kerbel was told that the City would have to start charging the 3 direct costs instead of giving the facility free. That was reiterated this last year. Then m the a Spring of this year, the new Executive Dir,ector was informed that DK asked that this item be s placed on the December 1 agenda so the Council could discuss whether or not the City is 6 going to co-sponsor it now or m the future. ~ Elizabeth Meredith - she brought to the Council's attention a press release from the Voter g Integrity Project, a national non-partisan citizens' coalition orgamzed to protect integrity of 9 the American electoral process, appoints Pulitzer norrunee Dave Alcott's name to Board. io Despite successful sleuthing which resulted in identification of County Supervisor aides and i i other suspected of perpetuating the fraud, he was removed from the Crty Hall beat and then ia fired from the Argus Courier. The president of the Voting Integrity Project, Deborah i3 Phillips, said it is becoming a common experience for those involved in routing out election ia fraud to experience extraordinary attack. We are honored to have such people ~oin our fight is against election fraud. Mr. Alcott has said he was almost too successful for some powerful i6 political interests who used their connections to bring pressure on his employer. An investor i~ has offered to establish a new community newspaper wrth Alcott as editor. is Arnold Kaye - regarding the sewer system, seeing as how this may be the first privately i9 owned sewer plant in the United States, and since it will be starting over a billion dollar zo business for whoever gets the City, he proposes the rates for the people of Petaluma be fixed Zi at or below what they currently are and the recipient of the contract for said sewer plant foot z2 the cost of building and maintaining and operating said plant for the next 30 years as an s3 investment opportunity for future business from other cities and counties. Petaluma is a foot Za in the door. Even if they lose a few dollars in this city, they will more than make it up in zs future business. He also recommends this entire procedure be made public and be put on the z6 ballot. Any profit generated by tlus project should be retained by the City of Petaluma not by z~ a profit generating corporation. ~Ie recommends the City suspend the issuing of building za permits until this matter is settled. 29 Diane Riley and I.arry Tornes -read a letter to the Council. Regarding County services 3o unavailable to us because we live in Petaluma. We a11 pay through property taxes for these 3i services. They were told the City of Petaluma needs to send a letter to the County requesting 3z they provide (1) Petaluma residents a Temporary Restraining Order (TRO) Clinic, (2) 33 Petaluma residents Domestic Violence packets. We assume the letter will be referred by the sa Supervisors to Sonoma Courts. A year ago the State has made recommendations to make 3s material on domestic violence more widely available at Sonoma County and to make the 36 TRO Clinic available to areas outside of Santa Rosa. The Attorney General's report s~ indicated that a 1994 recommendation had not been implemented because a judicial ss representativ.e was unaware that any formal requests had been made. She suggested the 39 packets be made available at the local library. There are 4 TRO Clinics in Santa Rosa during ao the week. They can move one down to Petaluma. It would help victims with children if the ai hours were in the morning. The primary reason for any governmental intervention in family as violence is to stop violence and help the victim. The Council asked for a copy of the letter 43 she read and they will follow up. aa Victor Chechanover - regarding the wastewater project - he attended a CWAC meeting as where he felt the committee discussed negotiation details. Some committee members a6 expressed concern that the contract should be fair to both sides. Your only concern is the a~ City. These companies can protect their interests without our help. Why haven't we put out aa another newsletter? The last one was in January. We should look at the public options. Key to abbreviations: JH-i~ice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Gouncilmember Pamela Torliatt MM-Counci lmember Matt Maguire ~! ,- , ~.1 ~ti~ ~ ~ ~ ~ ~ ~ . . . ~ . .. Page 176, Vol. 31 November 17, 1997 i MNI - the details of the negotiation were not being disclosed. The committee's foremost z duty is to protect the City's ratepayers. The newsletter suggestion is a good one. We do 3 have a duty to develop a public option comparison. PT - we are going to look at the public a process as well. DK - thanked the public for their comments. The rate payers need to be s fully involved. There is a Citizens Wastewater Committee meeting tomorrow at 2:00 p.m. 6 We do need to discuss process in closed session. The new billing system of the City should ~ include information about the Wastewater Committee meetings. We still don't have a Utility s Commission. 9 Mayor Hilligoss noted that the Public Hearing item on Hillside Village EIR has been io withdrawn. ii Robert Maser - regarding the Hillside Village EIR, he noted the project has been withdrawn; i2 however, the neighbors fear that it will be coming back in 30 to 60 days. They want to know i3 about how the road between D Street and Western Avenue (Windsor Drive) ever got ia approved. Help us develop a plan for this property. We are not experienced enough to ask is the right questions. We will not give up. PT - would like to see the Planning Department i6 ~ respond to the question about the road connecting Western Avenue and D Street and the i~ ~~ Williamson Act issues. JH - you should submit your questions in writing and we ask the is Planning Director to answer. The City Council would like to have a copy of the reply. DK - is would like to see all correspondence between the City Council and the Department of Zo ~g Conservation in Sacramento. If there is no correspondence, he would like to find out how 2i that happened. Myrita Henry - regarding the Hillside Village EIR. There are still a lot of 22 questions the Planning staff has not answered. There has been flooding on Windsor Drive. 23 With a new application, the issues will be the same. The draft EIR was flawed and we za pointed that out. DK - thanked the residents for their research and participation. Keep with zs it. How are the slope restorations going at Putnam Park? 26 JH - thanked the Hillside Village~ neighbors for their tone and tenor at the Planning z~ Commission and for their interaction with the City in general. The Press Democrat had an 2s article about the number of domestic animals that the County Animal Shelter euthanizes. She z9 wants to hear if there has been a change in policy at Petaluma. She wants to know the 3o number of animals euthanized by month and why. Does the Animal Control Shelter need si more help? What resources do they need? Why kind of help do they need from the 3z community? 33 NIS - regarding the Animal Shelter article - she would like to ~ee some kind of county-wide 34 data base that would list people who go on vacation and ask that their animal be euthanized 3s and then when they come back from vacation, they go to the shelter or elsewhere and obtain 36 another pet. Dan Knapp of the I~umane Society should come to the Council to discuss these 3~ and other options. She went to Midland, Texas, for the Chri~tmas in April Conferenee and ss brought back copies of "City Connect" which she has passed an to staff. She wants a letter 39 vvritten to provide Court availability in Petaluma for Petaluma residents. What is staff doing ao on diversity training? Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK Councilmem8er David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire November 17, 1997 Vo1.31, Page 177 i NR - went to Firefighter Chamber of Commerce night. They did an excellent job. This is 2 something that is helpful to share information on City services. This Council needs to go on 3 record to thank Congresswoman Woolsey for her assistance in getting the U. S. Army Corps a of Engineers to award the contract for their part of the flood management program m the s Payran area. 6 PT - pointed out that the Police Chief Pat Parks was sworn in this afternoon. She ~ encouraged the Hillside Village neighbors to work to resolve the problems that have come to s fore after their diligent and hard work. 9 Mayor - reported out of closed session that the Council authorized the City Attorney to io initiate litigation. They talked to the consultant for the City Manager recruitment. There is a i i new dog run at the Animal Shelter. 12 VOTEIt F1tAiTI~ i3 Police Chief Pat Parks noted that 3 people have been arrested, Mrs. Hodge; Messrs. McClure ia and Hendrickson. These people have been implicated by the interviews with the District is Attorney's office of the Arthurs. The reason they have not been charged for the number of i6 forgeries that occuned is because the punishment is the same whether one is charged for one i~ or hundreds of counts of the misdemeanor or felony. The penalty is between 16 months to 2 ig or 3 years in State prison or 1 year in County jail, and/or $5,000. Serving in County jail is i9 usually for a misdemeanor. DK asked if this is plea bargained and they do not go to jail, what zo is the public record. Chief Parks said the case could be sealed, but he would be surpnsed if Zi that occurred. Some of the Councilmembers want full disclosure now of a11 the names that zs were forged. ~'he motives of the suspects appears to be the fear of falling short of the zs number of signatures needed in the time that was available to obtain the signatures. Some Za Councilmembers asked the Supervisors to express their sorrow that this occuned. Chief zs Parks noted that the more public disclosure there is the more likely there will be a venue z6 change for the trials. The Council thanked the Chief for his report. MM - what was 2~ organization of the Committee for Choice, have their checks been reviewed by the State and zs by the District Attorney? Itegarding Marion Hodge, is it credible that she couldn't know the av signatures were handled by peopie out of town? Regarding the FPPC violations, is this 3o investigation ongoing? We need to have this done. J~-I - Why aren't the Supervisors asking si for quick action? Wants the Council to write a letter to the District Attorney asking for 3z prosecution to the fullest extent of the law. DK - question for Mullins (District Attorney) he 33 is concerned about the felonies, wants the charges to be the maximum allowable, he doesn't 34 want any deal cut. He is disappointed Hodge's charge is only a misdemeanor. Messrs. 3s Hudson, Sobel, Pfendler, Saemens also Harberson and Hodge fought on the issue for years. 36 For Harberson not to lcnow needs explanation. He wants Mullins to follow up, how did they a~ not know. What are the names of the petition gatherers? ss Hank Zucker - there has been some good news and some bad news. The biggest question is 39 how thorough was the District Attorney? Circulators were perjurers, they should be ao investigated. ai Will Stapp - made various comments about how the voter petition was not handled properly az and suggested that there are a number of people responsible for this. Key to abbreviations: JH-I~ice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmernber Matt Maguire ~ , ; t _.ta;~. ~ , - . , ~ ?~:. ., ~ . ~ : ~ ~ Page 178, Vol. 31 November 17, 1997 i NR - we should sent a letter to the District Attorney to make sure no stone is unturned, and 2 we should ask the Board of Supervisors to give us everything that they have. MM - let us s find out if any of this was done on County time since two of the individuals worked for the a County. Who signed the checks? JH - wants a draft of the ]etter sent to the Council before s the letter goes out. DK - also send a copy to the Secretary of State. 6 ItESO. 97-316 NCS ~ I.UCCgIESI PARIC MAS'~EIt PLAN a Resolution 97-316 NCS approving the revised master plan for Lucchesi Park. The Lucchesi 9 Park Master Plan was approved by the City Council on August 6, 1979, Resolution 8624 io NCS. It has also been amended by Resolution 86-308 NCS on November 17, 1986. Steve ii Arago, Commission Chairman presented the proposed changes some of which are: ia - New signage at both entries to the Community Center parking lot. i3 - Open up vegetation along 1Vorth McDowell to increase views of the Commuruty Center ia and park. is - Planting of a specimen tree in the Commuruty Center turnin~ circle. i6 - Provide share structures for the e~sting group picnic area. i~ - Add a large pavilion opposite the Community Center along Lynch Creek. is -'Phe original master plan showed a performing arts center and sports center. Remove the i9 performing arts center, retain the sports center and build the pavilion for use by private Zo parties and for community-wide events. Zi - Install an island in the lake as a protected area for ducks. Zz - Explore the installation of a paddle boat concession for Lucchesi Lake. z3 -\7Viden the path around I,ucchesi Lake (south side) to 8 feet. za - Add additional tree clusters with ground cover throughout the park. zs - Increase lighting within the park. 26 - Increase the number of bike racks, drinking fountains and trash containers throughout the 2~ park. Zs - Install parking along L,ynch Creek for the Community Center and pavilion (part of a 5- ~9 year capital improvement plan-1988) so - L.ow perimeter feneing for the large playground area. 3i - Pave Lynch Creek Trail to encourage bicycle riding. 3z - Construct master plan area. 33 - One way road from Maria to north end of the Community Center parking lot for security 3a purposes and to support I,ittle L,eague, the group picnic area and pavilion. 3s The Council asked staff to be discreet with the lighting that is installed. Funding and phasing s6 will be reported back to the City Council. The Boys and Girls Club landscaping will also be 3~ reported on. Operations and maintenance budget and long term costs will also be included in 3s the report. Introduced by PT and seconded by JH. 39 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss ao Noes: None ai Absent: None Key to abbreviations: JH-IVice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councitmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire November 17, 1997 i Vo1.31, Page 179 ~SO. 97-3171VCS 2 KENILWOIZ~'H MAS~'ER PI.AN 3 Resolution 97-317 NCS approving the Kenilworth Recreation Master Plan. Recreation a Director Jim Carr and Recreation Commission Chairman Steve Arago described the proposed s amendments to Kenilworth Master Plan area. I.ights will be added to the tennis courts, the 6 courts themselves will be altered in direction, the ball fields will be renovated and rear round 7 lights will be added. They are looking for a`buy-in' from the school district because of s property ownership. Aparicio Field will be renovated in Phase lA, as will the tennis courts, 9 and basketball courts. Phase 2 will include Carter field and redesign of the parking areas. io Right now they need water to be accessible from the Lindberg Avenue area. Phase 3 will i i include the `free play' area. Finding will be from PG&E, National Guard is being asked for i2 assistance, service groups will be asked, as well. They hope to begin this pro~ect next is summer and to complete all projects by 1999. PT - asked whose responsibility will it be to ia maintain these areas? DK - noted there is a great need for a windbreak for the fields. Jim is Carr noted when the Library was built, it was agreed Aparicio Field would be taking its place i6 in the recreation facility mix of town. Introduced by MM, seconded by JH. i~ Ayes: ~tead, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss is Noes: None i9 Absent: None 20 ~SO. 97-318 NCS 21 PIJRI2II~TGTON b20AD FI~tE ~YI9ItANB' 2~ Resolution 97-318 NCS approving outside fire hydrant for the Purrington Road area. The z3 Fire Chief had no opposition to this installation. He noted there will be a need to look at the Za fee schedule. Fire service will still be first responder for San Antonio district. Michel zs Covreux, 201 Purrington, and Vic Deksnys, 225 Purrington, spoke in favor of the hydrant z6 installation. They are willing to pay for the cost. Introduced by DK and seconded by MS. 2~ Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 2s Noes: None 29 Absent: None 3o O~D. 2063 NCS s i PY~ZONE 1VOWAK SiT~DIVI5IOIV 3a Introduce Ordinance 2063 NCS prezorung Nowak Subdivision located at 982 Bodega 33 Avenue. Introduced by 1VINI, seconded by MS. 34 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss ss Noes: None s6 Absent: None s~ JiTV~NII,E CgJR~~W 3s The Sonoma County Mayors and Councilmembers association has been discussing a county- 39 wide juvenile curFew. The Council on a five - two "head nod" asked the Police Chief to look ao into it as a tool so we have an effective~s-~f worlcing with the youth. Victor Chechanover ai asked if we have enough police to do this. ~ az `M ~ 5 AIDJOiTRN 43 At 10:25 p.m. the meeting was adjourned Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire ,:~:~~'...~,r,~~~:~ ~ ~ ~ ' I _. ~ . . - _. ~ ~ ~, Page 180, Vol. 31 November 17, 1997 i 2 3 4 5 6 ATTEST; ~ s 9 io Patricia E. Bernard, City Clerk ICey to abbreviations: JH-vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. PatriciaHilligoss, MS-CouncilmemberMaryStompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire