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HomeMy WebLinkAboutMinutes 08/04/1997August 4, 1997 Vo130, Page 395 t MINgTTES 2 OF A REGiJLA~t 1l~EE~'ING 3 PE'I'AI,ZJIO~IA C~'d'Y COLTI~ICIL a I~OIVDAY, ~iJGIJS'g' 4, 1997 s 120I,I. CAY~L 3:00 ~.~a, 5 Present: Keller*, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 7 Absent: Read *Keller anived at 3:30 s MINL1'TES 9 The minutes for July 14 were approved as amended; ~o Page 370, Line 10 -(Councilmember Torliatt) Councilmember Torliatt asked the TOT >> subcommittee members to share their thinking on assigning a fixed percentage of TOT funds rz to the Petaluma Visitor Program? Councilmember Hamilton responded by stating the ~3 amount of TOT funds fluctuated on an annual basis and it would be irresponsible to give a ia fixed portion to PVP when we don't know how many dollars we will need to support the ~ s general fund. t6 Page 370, Line 19 -(Councilmember Torliatt) A representative from the Petaluma City i~ Ballet stated that they were one of seven groups nationally to be selected in a national ts competition (performance). i9 Page 370, Line 28 -(Councilmember Torliatt) The remainder of funds held in the reserve ao was for the City Council to have the flexibility of possibly funding the I'etaluma iZiver ai Festival. The River Festival Committee had sent the City Council a lettex that stated this 22 would be the last year they were going to organize the event. 23 Page 370, Line 31 -(Councilmember Maguire) remove sentence about the reason for the Za vote and replace it with, "The money should be spread to more groups." Zs Page 371, Lines 14 and 15 - revise the sentence wording as follows, "The City Engineer said z6 that they use a complex time-keeping method and other cost data to determine the "cost of 2~ development" information which they use for budget purposes." zs The minutes for July 21 were approved as amended: 29 Page 373, Line 16 - July 7 minutes (Councilmember Torliatt) - Page 360, Line 1 the City 3o Clerk was requested to go back and pull out some of the pertinent information regarding the 3i reasons for "no" votes in the June 19 minutes were because - because this is precedent 32 setting, residential and does not address force majeure. 33 Page 364, Line 35 - July 7 minutes (Councilmember Torliatt) - Replace "she" with "Pamela 34 Tuft" 35 Page 365, Line 9- July 7 minutes (Councilmember Torliatt) Councilmember Torliatt asked 36 staff if any other correspondence or communication had been received from property 3~ owners, business, etc., in the proposed area for expansion. Staff stated that they received 3a approximately 5 inquiries, but no negative responses to the expansion of the specific plan 39 area. ######################################################## 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 tl~faguire Page 396 , Vol. 30 August 4, 1997 ~ Page 366, Line 36 - July 7 minutes (Councilmember Torliatt) add "by Mayor Hilligoss" 2 after the word "noted." 3 Page 367, Line 25 - July 7 minutes (Councilmember Torliatt) is "impaneled" a word. Yes, it a is a word. s Page 367, Line 35 - July 7 minutes (Councilmember Torliatt) add after committees, "should 6 be there" and add after name tags "should be available." ~ Minute headings -(Councilmember Torliatt) sometimes the page number is first and s sometimes the Volume number is first. The reason is so that the page number is closest to 9 the outside edge of the page. ~o _ Page 375, Line 19 - July 21 minutes (Councilmember Torliatt) Councilmember Torliatt said i i she did not vote in favor of this project when she was on the planning commission and she is ~2 not in agreement with the third "Whereas" in the resolution stating that the project conforms ~3 to the general plan for the area. Strike "however, they said they have always opposed the ~a project." is Page 376, Line 8- add after "...State and Federal" levels ofgovernment. i6 Page 377, Line 26 - July 21 minutes -(Councilmember Torliatt) Councilmember Torliatt i~ made the motion, with a change on Page 2 of the Professional Services Agreement (PSA) to is state that either party may terminate this agreement upon providing the other party ninety i9 (90) days' written notice of such termination in order to be corisistent with Exhibit A#5 of Zo the PSA that states either party may terminate this agreement. at any time by either party ai providing 90 days written notice. z2 Page 378, Line 15 - July 21 minutes -(Councilmember Torliatt) Councilmember Torliatt z3 moved the resolution including a change on line 27 of the Resolution to read, "1. Limit the aa number of "onsite" diners to 175. Zs Page 388, Line 21 - change word to "to" zb Line 22 - change "find" to "fine" and "willint" to "~~villing" 2~ Line 28 - change "diferent" to "different" za Page 389, Line 25 - correct spelling of "Introduced" a9 CONSENT CALENI)AR 3o The following items which are noncontroversial and which have been reviewed by the City 3i Council and staff were enacted by one motion which was introduced by MS, and seconded sz by MM. 33 Ayes: Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 34 Noes: None 35 Absent: Read, Keller ######################################################## 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 • . =;q't • ~~. .; • August 4, 1997 Vo1.30, Page 397 1 ~SO. 97-2041VCS z CI.AIMS AND BII,LS 3 Resolution 97-204 NCS approving Claims and Bills #66136 to #66441. a ORID. 2055 NCS s T'AX RA'~'E DEB'I' SERVIC'E 6 Introduce and adopt urgency Ord. 2055 NCS adopting the tax rate for debt service for the ~ 1997-98 fiscal year. The rate for this fiscal year is $0.005918 per $100 of assessed s valuation. The debt service tax rate for 1996-97 was $0.00650, for 1995-96 it was 9$0.009381; and the 1994-95 tax rate for debt service was $0.00887. ~o RESO. 97-205 NCS ~ 1 RESIGNA'~'ION - J. T. WICI~ - PI.ANNING COlVI1V~ ia Resolution 97-205 NCS accepting the resignation of J. T. Wick from the Planning ~3 Commission. His term has one year remaining. Gary ~road was appointed by the City ~a Council on July 21, 1997, to complete Mr. Wick's term. ~s RESO. 97-206 NCS i6 CY~OSE WATEit ST~ET - RIVER FESTIVAL AiJG.16 i~ Resolution 97-206 NCS authorizing closure of Western Avenue between Water Street and ~s the Boulevard as well as Water Street on Saturday, August 16, for the River Festival from i9 5:00 to 8:00 p.m. 20 RESO. 97-207 NCS zl WAST~WATER ADVISORY CO1VIlVII'I"~'EE a2 Resolution 97-207 NCS specifying further duties to the Citizens Wastewater Advisory z3 Committee to serve in an advisory capacity on matters pertaining to private/public project za comparison pursuant to the Local Government Privatization Act of 1985 and contract zs negotiations with the selected proposer pursuant to procurement of a new wastewater 26 treatment facility and other duties as assigned by the City Council. The Committee shall not 2~ engage the selected proposer nor shall it directly participate in contract negotiations. The za duties outlined in Resolution 92-219 NCS have been completed. 29 ORD. 2053 NCS 3o VEI-IICLE COI)~ ENFOItCElVIEN'd' - PA~ING L,O'I'S 3t Adopt Ordinance 2053 NCS adding sections to the Municipal Code to allow the Police 3z Department to enforce Vehicle Code regulations on certain parking lots not otherwise 33 subject to Police Department action. Introduced by PT, seconded by DK on July 21. The sa request for Police enforcement is generated by the property owners. The areas which are 3s included are: 36 Hagstrom's Shopping Center on Douglas Street 3~ I'laza North Shopping Center on North McDowell Blvd. 3s Petaluma Plaza Shopping Center on North McDowell Blvd. s9 Golden Eagle Shopping Center on East Washington ao . . . . . . . . more on next page/ ######################################################## Key to abbreviations: .7H-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 Page 398 , Vol. 30 August4, 1997 ~ Payless lot on East Washington at Lakeville ~ 2 Washington Square Shopping Center on South McDawell Blvd. 3 Petaluma Cinemas on North McDowell Blvd. a Barstone Town & Country Shopping Center, Payran and Petaluma Blvd. N. s Kenilworth Junior High Scliool at Kenilworth Drive 6 Sonoma-Marin Park & Ride facility on East Washington & Fairgrounds Dr. ~ ORD. 2054 NCS s REZONE 'I'UXI~ORN ESTATES 9 Adopt Ordinance 2054 NCS rezoning the Tuxhorn Estates Subdivision from Agriculture to ~o Planned Unit Development. Introduced on July 21 by PT, seconded by NR. > > RESO. 97-208 NCS t2 TiJXHORN ESTA'T~S PUD i3 Resolution 97-208 NCS approving the Unit Development Plan for Tuxhorn Estates. ~a itESO. 97-209 NCS ~s 'TUXHORN ESTATES 'I'EN'~'A'I'IVE MAP i6 Resolution 97-209 NCS approving the tentative map for Tuxhorn Estates. i~ RESO. 97-210 NCS ~s CONTItACT - AIP 11 i9 Resolution 97-210 NCS awarding the contract for AIP 11 to North Bay Construction for Zo airport improvements in the amount of $508,794.25. These improvements include hangar z.i access, taxiway paving, safety area paving, new lighting, ramp repairs, seal coating, 22 restriping, drainage improvements, rebuilding segmented circle, security fencing and z3 driveway chip seal. aa RESO. 97-211 NCS as APPOINTMENT - AIRPORT COIVIMISSION z6 Resolution 97-211 NCS confirming the appointment of Art Cader, resident, and Barry 2~ Lawrence, non-resident, to 4 year terms ori the Airport Commission, appointing James Za Hudson to a 1 year term on the Airport Commission to complete the term of Willie 29 McDevitt, and confirming the Petaluma Area Pilots Association appointment of Tom 3o McGaw as their representative for one year. 3~ 18~SOo 97-212 NCS 32 APPOII~Tll~IEN'I' - BICYCI.,E C'OIVIIVII'I'TEE 33 Resolution 97-212 NGS confirming the appointment of Scott Duiven and Patricia Tuttle- 3a Brown to the Bicycle Committee for 2 year terms and Wayne Morganthaler and Lisa Irwin 3s to one year term on that committee. #################~s###################################### Key to ab8reviations: 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 . . ?ti6, . ::P`.. - t 3.i~Yi~ i. August 4, 1997 Vo1.30, Page 399 i RESO. 97-213 NCS z APPOINTM~NT - PLANNING COIVIIVIISSI01~1 3 Resolution 97-213 NCS confirming the appointment of Michael Healy and Wayne Vieler to a four year terms on the Planning Commission and appointing Gary Broad to a one year tern~ s to complete the term vacated by J. T. Wick. 6 ~SO. 97-214 IVCS ~ APPOINT'NYEN'T - ~CREA'I'IOle1 COIVIIVIISSI01~1 s Resolution 97-214 NCS confirming the appointment of Steven Arago, Voorhees Mount and 9 Bruce Hagen to four year terms on the Recreation, Music and Parks Commission. io RESO. 97-215 NCS i ~ APPOINTMEN'T - SPARC iz Resolution 97-215 NCS confirming the appointment of Richard Burger and Louise Leff to ~3 two year terms on SPARC. ~a RESO. 97-216 NCS ~ s APPOIN'I'1VIEN'T - TItEE AI)VISORY COIVINYI'Y'T'~E ib Resolution 97-216 NCS confirming the appointment of Teresa Barrett to the Tree Advisory ~ ~ Committee for a 2 year term. ~s RESO. 97-217 NCS i9 C'EN'TRAL PE'I'AY.,iJ1VIA SPECIFIC PI,Al~ 2o Resolution 97-217 NCS appointing Walter Haake and Laura Neditch to the expanded ai Central Petaluma Specific Plan. Mr. Haake has a business in the new area and Ms. Neditch 22 has a home in the new area. 23 RESO. 97-218 NCS za LAKEVII.I~E I~IGI~WAX - FOSSII, FII.'TER Zs Resolution 97-218 NCS approving an amendment to the Cooperative Agreement with the a6 CALTRANS regarding installation of Fossil Filter storm water pollution control devices in a~ six locations along the Lakeville Highway widening project. These devices trap oils and Zs gasoline that flow off the roadways as part of storm water runoff. These will be part of a z.9 Construction Evaluation Project to determine the usefulness of the filter product and whether 3o the State should use the devices elsewhere. 3 i * * * * * End of Consent Calendar * * * * * ######################################################## Key to abbreviations: JH-~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 Page 400 , Vol. 30 August 4, 1997 i RESO. 97-819 NCS z COUNTY AGREEIVIENT -'~AXES, FEES, C~IAI2GES, EISSESSIV~EN"~'S 3 Resolution 97-219 NCS approving an agreement with the Sonoma County Auditor- a Controller for collection of special taxes. fees, charges, and assessments. The County agrees s to collect the special taxes, fees, charges and assessments on behalf of the City and the City 6 agrees to defend, hold harmless and indemnify the County for losses and expenses and ~ claims against the County arising out of the collection of same. The passage of Statewide s Proposition 218 in the November, 1996, election has instituted additional requirements for 9 the imposition of taxes and special assessments by local agencies. The County Auditor- ~o Controller is requiring that each City in the County, which desires to have the County collect i~ that City's special taxes, fees, charges and/or assessments on the County tax rolls, enter into ~2 an agreement with the County to hold harmless and indemnify the County in the event the ~3 County incurs losses arising out of the collection of City taxes or assessments found to be la invalid under the requirements of Proposition 218. This agreement proposed by the County is Auditor-Controller has been modified through negotiations witla the local City Attorneys. ~6 This item was removed from the Consent Calendar. PT noted that when the City Attorney i~ signs a contract "as to Form" that does not mean that he has reviewed the content of the ts contract, because that has been the Department Head's responsibility. The City Attorney i9 checks the contract to see that the document says what the people agreed to do. Introduced zo by PT and seconded by MM. 2t Ayes: Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 22 Noes: None 23 Absent: Read, Keller Za IN~'ERVIEWS WI'TI~ TI~E EXECUTIVE S~A~tC~I ~IRMS zs The City Council heard proposals from the following persons: 26 Lonnie Hayhurst, President of L. B. Hayhurst & Assaciates, Sausalito 2~ Chuck Newmeier, David Griffith & Associates, Sacramento Za Ralph Freedman, Ralph Anderson & Associates, Sacramento 29 Alex McIntyre, Norman Roberts & Associates, Los Angeles 3o Dr. William NYathis of Mathis & Associates was not able to attend the meeting. ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, IVR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Counc.ilmember Pamela Torliatt MM-Councilmember Matt Maguire ~< ~vK-.:~~ ~ August 4, 1997 Vo1.30, Page ~40~ The vote was as follows: CITY MANAGER H EXECUTIVE SEARCH H I T VOTE FOR 1 A L O M K S M L R A E T I I L G T R L O L G I U O E L M T O A I T A E P O S T R A D R E N S T E L RALPH ANDERSON a / - / - / / 4 DAVID GRIFFITH b - - - - - - - L. B. HAYHLJRST s - / - - - - 1 MATHIS & ASSOCIATES e - - - - - - - NORMAN ROBERTS n - - - ,/ - - 1 t Z The vote for Hayhurst was because they are close (Sausalito). The vote for Roberts was 3 because the Mayor has worked with them before at the Air Resources Board. a The Personnel Director asked the City Council for a draft of terms they would like to see in s a contract. He will come back on August 18 with a draft contract. PT asked for copies of 6 City Manager contracts from other cities. The Council asked for an agenda item on August ~ 18 relating to a citizen advisory committee and they would like direct input from Ralph a Anderson & Associates at that time. 9 CI,OSEI) SESSION ~o CONFERENCE WITH LABOR NEGOTIATOR - Government Code §54956.6 i i Agency Negotiator: Acorne, Salmons, Employee Organization: Units 6(Police), Unit 7 ~2 (Fire) i3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to ia Government Code §54956.8, Property is along East Washington near Prince Park at AP 149- ~s 180-015, Under negotiation with Clement/Catenacci are terms of sale and price of property 16 acquisition for pedestrian and bicycle easement » CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6, ia Agency Negotiator: City of Petaluma, Employee organization: City Manager ~9 CONFERENCE WITH LEGAL COiJNSEL Government Code §54956.9(b) ao anticipated litigation - significant exposure to litigation pursuant to aforementioned zi Government Code section 2z ADJO~JgtN to dinner. z3 At 5:20 p.m., the Council adjourned to dinner. ##############################################t~######## 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 Page 402 , Vol. 30 August 4, 1997 ~ RECONVENE 7:00 p.m. 2 Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton,Mayor Hilligoss 3 Absent: None a PLEDGE OF ALI,EGIANCE s Pamela Tuft led the Pledge of Allegiance to the flag. 6 1VIOMENT OF SILENCE ~ PiJBLIC COlVI1VI~N'g' s Hank Flum, 1721 Stonehenge Way - he complimented the City Council in increasing the 9 size of the Corona Reach Specific Plan Committee. Chairperson Mary Stompe ran the io meeting very well and invited all those in attendance to participate. This process will result >> in fewer stones to be unturned in the final count. . ~z John Records, COTS - in your search for a City Manager and Chief of Police, please look ~3 for persons who have a positive experience in dealing with the homeless people. ia COUNCIL COMMENT ~s MM - what obligations to the City did the developers of the Marina have, and have those i6 obligations been met? He described a letter which came to the Council, written between Dr. r~ Bettman and his attorney, describing a deeded assessment, but t:he correct document was not is included; instead, it was a contract of Dr. Bettman that would prevent access across his land ~9 onto Lafferty. ao PT - she had asked the City Clerk to copy certain documents relating to the Marina and these 2~ are currently in the City Council's mail boxes at City Hall. At the Library Advisory z2 Committee meeting she leamed the Library will have 5 computers which will allow access a3 to the Internet. Last meeting we appointed new commissioners and committee persons. She za expressed appreciation for the service of those persons whose terms have expired and they zs are no longer serving the community. zb MS - on the East Washington and U. S. 101 (northbound) exit where the truck fire was some 2~ time ago, she again asked that something be done to replace the scorched vegetation between Zs the off-ramp and the homes. She had a caller complain there were races at the fairgrounds 29 on Sunday night. She would like a status report on transit improvements in Petaluma. 3o DK - he also thanked the outgoing commissioners and committee persons. He invited the 3~ public to attend the Central Petaluma Specific Plan on Tuesday, August 5, 6:00 p.m. at 32 Lucchesi Community Center. They will be looking at the pot~ntial impacts of the location 33 of the main railroad line. 3a I'H - she anet with some Japanese students recently. This is the third year their school has 3s come here. T'hey have been very nice young persons. ### ################################# 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-Counc.ilmember Pamela Torliatt MM-Councilmember Matt Maguire . ,~, ~.r :~.~r ,. A: ':?~ .. August 4, 1997 Vo1.30, Page 403 i ~SOa 97-220 l~iCS 2 dVEEID A~E1'I'EIi~~E1~1T 3 Resolution 97-220 NCS confirming the cost of abatement of weeds ordered abated by a Resolution 97-88 NCS. Fire Marshal Ginn addressed the Council and noted that the cost of s the assessment fee cannot be higher than the cost to the City. Some residents find that it is 6 less expensive to have the City do the contracted weed abatement than it is to contract it out ~ themselves. It was noted that some people did not receive a mail notice of the weed s abatement. There has been some modification of the weed abatement process from Fire 9 Marshal Ginn's first year here, and there are a few minor `glitches' that will be fixed. The ~o public hearing was opened. There was no one wishing to speak. The hearing was closed. i i Introduced by Mary Stompe and seconded by Pamela Torliatt. l2 Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 13 Noes: None 14 Absent: Read is RESO. 97-221 NCS ~6 I.ANDSCAPE ASSESSIVIEN'I' DIS~'RICT'S I,EVY » Resolution 97-221 NCS ordering the improvements and confirming the diagrams and annual is assessments for Landscape Assessment Districts (LAD) - Fiscal Year 1997-98. Staff noted i9 that mail ballots went out to nine of the landscape assessment districts. Of the possible zo 1,238 parcel owners who were asked to vote, 691 or 56% voted. Of that 691 landscape Zi assessment district voters, 79% of them voted "no." Staff recommended that after the public 22 hearing the City Council adopt the resolution establishing the levy at the rates listed below. 23 Staff has had meetings with nine of the districts and, through the information received at Za those meetings, is developing suggestions for modification to the various landscape as assessment districts. This will be brought forward to the City Council soon. The hearing zb was opened and the following persons spoke: 2~ Mark Wixom, 1718 Silverado Circle - Fairway Meadows - he commented on the vandalism Zs and the irrigation (water) costs. What they would like to do is sit down with the Parks and z9 Recreation staff to modify the criteria and modify the process. They are willing to 3o contribute to improving the process. They would also like to discuss closing the walkway 3i between Lakeville Square and their subdivision. Also, they would like to discuss other 3a issues. 33 Hank Flum - he is against raising the LAD assessment. He wants to increase public sa awareness of the value of keeping our town looking nice. There are those who have ample 3s time to work on this. There are resources that have not been tapped. He will volunteer his 36 services and would be willing to work with the community and pinpoint places that need 3~ immediate attention. 3s Rich Cohen, 1722 Andover Way - he walks a lot. The weeds are so high; it is a disgrace. 39 In the east they don't have these types of problems. He would be willing to work with Jim ao Carr to do whatever it takes to help. He has the time. Wayne Diggs, 314 Jester Court - 41 Kingsmill - he found a water line broken, and it stayed broken for two years. The az Recreation Department got so tired of hearing from him they turned the water off. One out 43 of three trees dies. The trees that were put in originally were good size trees. The 44 replacement trees were sticks. He took a bike ride around and found 15 broken sprinkler as heads this evening. In the past three weeYcs he has seen more people working on the trees 46 than ever before. ######################################################## ICey eo 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 Page 404 , Vol. 30 August 4, 1997 i Ed Elliott, 2117 Rosemary Court -(Shelter Hills) - he is disappointed this was voted down: 2 Trees need replacement. Owners won't do it. It will get out of hand if it is given to the 3 owners. We need someone to help us with sprinklers and fixing bent trees. a Greg Shooter, 428 Black Oak Drive -(Westridge) - The Recreation Director gave him s copies of some billings whieh he audited for the City. The contractor is responsible for 6 guaranteeing plant materials. In addition to moving forward on this issue, we should make ~ an attempt to go after and get some of those funds from the contractar. Plants have died and s he should• take care of that. s IZussell Presting, 137 Grevillia Drive -(Westridge) - please tell me what the assessment will to be for the Westridge district. (Response - we will stay at the ariginal assessment. We will >> bring back to the Council an idea what we can do this year.) -2 David Pozzi, 1741 Silverado Circle -(Meadow Park) - this figure is not realistic, $42 is ~3 totally unrealistic. It should have been much higher to start. ia Comments by staff and Council - The people should keep an eye on what is being done for is the landscaping. The City should look at all of the trees. The City should look at the i6 irrigation systems. In Fairway Meadows the City should look at the vandalism factor. With » irrigation being attended to, the water cost will go down. Those offers to be of assistance ~a will be gratefully utilized. It is really important for the people in the districts to buy into the ~9 process. Let them look into the contract and into the amount of service they want for each Zo area for the price that will be in existence. The LAD residents will have a"say" in what is 2~ being done. Each Council person expressed appreciation for ~he offers of assistance from 22 the residents. 23 All these issues have evolved from only 9 of the 31 districts. The City Attorney should Za review the contract with the Recreation Director and City Manager to determine what zs amount of recourse the City has. It is not really good for one contractor to do all of the z6 LAD's; we should look at multiple contracts for the coming year. It was noted by the City 2~ Manager that the Planning Director will look at the Lakeville Apartments walkway and Zs fence cut. 29 If there are homeowners' associations where there are LAD's, that would be a good contact 3o for the staff. A letter to the residents of the LAD's will state that there will be no increases, 3~ but the City will be able to afford only a certain level of maintenance. sz In answer to a Council inquiry about the low assessment fee, David Spilman Finance 33 Director, noted that the staff has not come back and adjusted the assessments as they should 34 have been. One Councilmember requested an audit of each district. 3s The Council wants staff to look at the Lakeville Square walkway and fence cut. They want 36 the residents to be involved in the future. They want the maintenance contractor to bear 3~ some responsibility for the demise of the plants. They want assurance this will not occur 3s again, and they want to know how things will be different in order to maintain improvement. ####################################,~#######~t########### 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 .. .. +*e,'=.. ~ro4~. ']~,.:-~_Iq August 4, 1997 Vo1.30, Page 405 ~ The City Manager had a meeting recently with the Finance Director, the Planning Director z and the Parks Director. He said altogether too many things have not worked well. Things 3 were not done in a timely manner, the initial assessments were unrealistic. Inappropriate 4 plants were put in originally. In some cases it is water and distribution problems. We will s get out of the mowing strip and will be changing to something other than grass. VVe vvant to 6 consult with the neighborhoods. We may need to outsource the LAD's. We would like to ~ refine the requirements. The LAD's need to be formed at the time of the final rriap. We s need to be sure supervision occurs. We need flexibility in redesign. We will take advantage 9 of volunteers. Nobody was taking responsibility. We have had a lack of staff in the Parks ~ o Department and supervision of the contractor needs to be improved. We have identified ~ i some things that need to be worked on, and this will be attended to. Give all of us the iz opportunity to correct the problems. 13 ia ~s ~.ANDSCAPE ASSESSMENT DISTRICTS ASSESSIVIEN'I'S FOR FISCAL YEAR 1997-98 i6 1. Adobe Creek 1& 2 ..................................f?~ i~ 2. Americana ............................. ................$74.00 ~ a 3. Anna's Meadows ................... ..................98.44 i9 4. Cader Farms .......................... ..................33.18 Zo 5. Casa Del Oro ......................... ..................16.94 z~ 6. Corona Ranch ........................ ...................Q) 22 7. Country Club Estates, Unit 1 ..................85.96 zs 8. Crane Glen ............................ ..................49.70 Za 9. Fairway Meadows ................. ..................47.36 as 10. Glenbrook ............................. ..................48.86 26 11. Graystone Creek .................... ...................(~ 2~ 12. Hillview Oaks ....................... ..................40.00 2a 13. Judith Court ........................... ..................65.54 a9 14. Kingsfield .............................. ..................92.86 30 15. Kingsmill .............................. ..................34.72 3i 16. Liberty Farms ........................ ................127.72 32 17. Magnolia Terrace .................. ...................(~ 33 18. Meadow Park 1, 2, & 3 ......... ..................55.44 34 19. Mountain Valley ................... ..................57.02 35 20. Park Place 5 ........................... ..................21.94 36 21. Sequoia Estates ..................... ..................35.75 3~ 22. Shelter Hills ~illage .............. ..................18.18 3a 23. Sonoma Glen - single family ..................39.00 39 Sonoma Glen - townhomes ... ..................26.34 ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 406 , Vol. 30 August 4, 1997 ~ 24. Spring Meadows V .................................3$.40 2 25. St. James Estates 1~c 2 ...........................58.~2 3 26. Sycamore Heights ..................................34.32 a which is Casa Del Oro Annexation 3 s 27. Tatum .. .................................................... ~ 6 28. Village East III ........................................64.70 ~ 29. Village Meadows ....................................81.82 a 30. Westridge ...............................................49.86 9 31. Wisteria .................................................100.00 io Introduced by DK, seconded by JH. l l Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss l2 Noes: None l3 Absent: Read ~a RESO. 97-223 NCS 15 COMMENTS - SONOMA MOiTNTAIN SGENIC LANDSCAPE UNIT ib Resolution 97-223 NCS offering comments to the Sonoma County Planrung Commission » and Board of Supervisors on the proposed amendments to the Sonoma County General Plan is - Open Space Element, the Sonoma Mountain Area Plan and the proposed rezoning of the i9 Sonoma Mountain Scenic Landscape Unit to a Scenic IZesource Combining District. "I'he Zo Planning Director said to her knowledge no potential build-out analysis has been done. The Zi Council expressed concern about moving development rights down to the flat lands where 22 there would be no control, and asked what is out there that may cause problems. The 23 Council would support this if they knew the yield. za John Blayney, Sonoma Mountain Preservation Group - the guidelines have been superseded zs and he has been trying to sort this out with the planning staff. He would urge the city to 26 have someone attend the County Planning Commission meeting. The attempt is to avoid 2~ any construction of "trophy houses" within view of Adobe Road. It is also to avoid any Zs construction of houses on ridges. The Sonoma Mountain Preservation Group is seeking Zs concealment of such houses. The documents he has say nothing about a riparian corridor. 3o He would like the house color to be the same as the surrounding countryside's vegetation so 3~ the building blends into the landscape as much as possible. He also wants to be assured that 32 new homeowners will preserve existing vegetation. Regarding the transfer of development 33 rights, the probability is it won't happen because the receiving area won't receive the houses. 34 MM does not want non-agricultural fencing, a riparian corridor or visible light sources. 3s Ted Eliot, Sonoma Mountain resident - asked for the Council's support of this. He was a 36 member and Chairman of the County Open Space Committee. Sonoma Mountain is visible 3~ from many locations. He doesn't want visible "trophy homes" on the hill. This is a sensible 3a regulation. The ridge line has been preserved from major development. This is a minimalist 39 draft. He hopes it will be strengthened. ###################~################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Coun~ilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire .. l~ . ~' f.. +~", '1 t' l:n . August 4, 1997 Vo1.30, Page 407 ~ Pat Cheda, 3272 Adobe Road - we aren't thinking about property rights. Your only problem 2 is a view shed. This is supposed to be an agricultural county and agriculture is supposed to 3 be the primary goal of the Board of Supervisors. How much money does agriculture bring a into the City of Petaluma? The more agriculture that disappears, the more business that will s disappear. 6 The Council's comments to Mrs. Cheda were that this is a study of the visual impacts of ~ residences and is not targeted at agriculture. It is a document that says, tuclc away the a houses. The guidelines are not meant to cover agricultural uses. The document will actually 9 benefit ranchers, because it will take away the push for ranchettes. This supports ~o agriculture. The more you support the underlying forces to keep agriculture, the better it is. >> Vasco Brazil, 4551 Lakeville Highway - the flatland is getting fuller of houses and traffic. iz He agrees with Mrs. Cheda. There needs to be some provision where a family that has been ~3 here for a long time, in order not to lose what they have had for many years, the land can be ia preserved. is It was moved by MM and seconded by DK to adopt Resolution 97-223 NCS supporting the ib study and incorporating the comments of Mr. Blayney. t7 Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayar Hamilton, Mayor Hilligoss t g Noes: None 19 Absent: Read zo APPOIN'g'1VIENTS_- INTERNAL ~XTERNAI.. ~2EGIONAL Zt Councilmember Torliatt made the following suggestion: This Council member would like to z2 see the Mayor make recommendations to the City Council for appointment for all local, 23 county and regional committees, commissions, agencies and authorities and their alternates Za by or before December 1 of each year. All appointments shall be considered on an annual zs basis, but a Council member may be representative or an alternate for more than one year. 26 Pursuant to the Mayor's recommendations, the City Council shall discuss and give the 2~ council's recommendations to staff for preparation of a resolution filling the available Zs positions. The resolution shall be adopted by the City Council before the second council 29 meeting in January of each year. The adopted resolution shall be final based on a majority 3o vote. For County and Regional appointments, after the appointments are made for the year, 3~ the Council representative shall provide a copy of the previous and current agenda to be s2 included in each Council member's packet with a brief summary of the prior meeting. If the 33 meeting minutes are available, these shall suffice. A report from the particular committee, 34 commission, agency or authority shall be agendized as a regular agenda item stating 3s "Discussion, direction and possible action to the City Council representative of the particular 36 committee, commission, agency or authority." If any Councilmember is inclined to give 3~ direction to the Council representative as to how to vote on a particular issue, a motion may ss be made to give direction to the representative and with a council majority the Council 39 representative shall cast a vote in that manner. If there is a Council minority, the reason for ao the dissenting vote shall be conveyed to the particular committee, commission, agency or ai authority at the request of one of the minority Councilmembers. In this case, each az Councilmember's vote would need to be stated. In regard to attendance, it shall be the 43 Councilmember representative's first-responsibility to be present at each meeting, second, to 44 arrange for an appointed alternate to be present, or third arrange for another member of the as City Council to be present. ################## ######################### 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 Page 408 , Vol. 30 August 4, 1997 ~ For Project or Topic Specific appointments, the Mayor shall make recommendations to the 2 City Council, and pursuant to the recommendations, the City Council shall discuss and give 3 the Council's recommendations to staff for preparation of a resolution filling the available a positions. The resolution shall be adopted by the City Council and the decision shall be final s based on a majority vote. 6 The Mayor said this would take away all of her powers. The Council will review this ~ proposed amendment and consider including the provisions in the Council Rules of a Proceedings. 9 RESO. 97-224 NC'S io SONOMA COiJN'TY TI2ANSPOlt'I'EL~'ION AiTT'HOItA'I'Y fSC~CA~ EIPPOI1~TTll~E1V'I' >> At the August 4 meeting the City Council discussed whether or not to change representation i2 to the Sonoma County Transportation Authority. Councilman Keller was suggested to be i3 more oriented toward a rail component and the Council was urged to appoint him to replace ~a Councilmember Stompe, who has been representing the City since October of 1995. MS ~s said that you can't just correct transportation problems with rail noting that the Calthorpe ~6 design utilizes both rail and highway traffic solutions. Since the matter was not specifically » described on the August 4 agenda, the subject was continued to this meeting for action. ~s PT said that after a lot of thought about the appointment process, she felt that a fundamental ~v requirement for serving on committee; commission, agency, authority, and so on, is ao attendance. Attendance is critical, no matter what your view o.r stance is on any subject. It zi provides consistency in the decision-making process, especiall~ when the outcome is as far 22 reaching as the Sonoma County Transportation Authority. She requested an attendance Zs record for the SCTA begiruiing on October 2, 1995, when Carole Barlas last served as the Za SCTA representative. Since November 5, 1995, the record refl~cts the following attendance: as Councilmember Stompe 41 %, Mayor Hilligoss 29% and the remaining 29% of the time no 26 one has represented Petaluma. In 1997, Councilmember Stompe has been present 43% of z~ the time, which equates to only 3 out of 7 meetings. So, based on the attendance issue alone, Zs she cannot support Councilmember Stompe as the SCTA representative. She believes z9 Petaluma needs consistent representation on this committee; therefore, she expects the 3o Council representative to be present at the meetings and provide the Council with detailed 3i information regarding the progress of the SCTA. 3z 'Phere were extraneous comments about other meeting attendance. Janice Cader Thompson 33 and Sheri Cardo spoke for a strong representation on the SCTA. Bryant Moynihan said you 34 should have to balance; U. S. Highway 101 widening is supported by most of the 35 committee. You need to vote in a way that represents the majority of the community. Let's 36 get away from individual sniping. ~ 3~ Resolution 97-224 NCS appointing David Keller at City Counril representative and Pamela 3a Torliatt as alternate representative to the Sonoma County Transportation Authority. 39 Introduced by MM seconded by JH. 4o Ayes: Keller, Torliatt, Maguire, Vice Mayor Hamilton 4t Noes: Stompe, Mayor Hilligoss a2 Absent: Read ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PN-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire " ' : -a~. . , , . August 4, 1997 Vo1.30, Page 409 ~ RESO. 97-225 NCS z WASTE 1VIANAGEIVIEN'~' JOINT POWEfltS BOARI) APPOINTIVIEIV'T 3 Resolution 97-225 NCS appointing Steve Simmons as City of Petaluma representative on a the Waste Management Joint Powers Board and Jim Ryan as alternate. Introduced by JH, s seconded by PT. 6 Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 7 Noes: None 8 Absenf: Read 9 SI~A~'E~OA12D PAI2K ~o Street art has been a popular pastime at the Skateboard Park. The artwork is mostly on the >> skating surface of the park. The art itself changes in 2 to 4 days. Some street artists have ~2 used the electrical panel, adjacent buildings and the park's signs. City staff has cleaned is these surfaces. Most of the art is not offensive in nature. Plastic is being placed over the ia signs to protect them. Director of Parks and Recreation Jim Carr advised tfie Council that is the desecration of park rules is a fairly serious matter. He may be forced to close the park if i6 at any time the signs cannot be read in order to protect the City and its protection under its i ~ insurance programs. ia Mr. Carr has scheduled a meeting with the Skateboard Park users for August 7. At that time 19 he will speak to the participants about protective equipment that they should be wearing. Up Zo to the present time, Police officers have been counseling the park users about safety z~ equipment. The Police Department will be enforcing the safety equipment rules at the park. z2 In the other cities which have skateboard parks, the Police operates in this fashion and cites a3 park users when necessary. Za Potential vendors desiring to sell skate equipment, food and hardware have addressed the Zs City requesting authorization to have a place to dispense their wares. This has been zb discouraged. The use of any site for this activity would have to include Fourth District 2~ Agricultural Association approval by the Fair Board. The Fair Board Manager, Ethan zs Hirsch, has agreed that there needs to be a policy deterrriination regarding vendors in the z9 area. 3o There seems to be little smoking by minors at the park. The Police can cite for smoking 3 i when they observe it. Trash cans have been abused in the park and have needed 32 replacement. Park staff stops there once a day to clean the area along the fence, the park and 33 ride lot, and near the electric gate for Kenilworth School. Prevailing winds are causing some 34 of that debris collection. Sandra Reed of ZAC Landscaping has volunteered to prepare a 35 landscape plan for the buffer area between the skateboard park and the parking lot. Staff is 36 looking at the option of placing a screened portable toilet there, which is secured to the 3~ fence. 3s The Council supported the staff recommendations. In response to a question about any 39 liability issues about renting helmets out the City Attorney Rudnansky alerted the Council to ao the fact that once you undertake an affirmative roll and take part if providing helmets this a~ could increase the liability exposure. Regarding having volunteer organizations do it, the az legal response was that those organizations would have to have insurance to cover the 43 situation. Mr. Rudnansky also said failure to enforce in some instances and then to enforce 44 ill ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Counci/member Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 410 , Vol. 30 August 4, 1997 ~ other instances would create liability for the City. As the Police stop by the park during z their rounds, their action should be consistent. The legislation that was wending its way 3 through the State Legislature has been watered down. a Council comments: Helmets are not expensive. Unfortunately, the articles in the newspaper s have indicated there would be a lack of emphasis on safety equipment. Parents should give 6 proper direction to their youth. Place permanent restrooms in the long term plan. The ~ people who use the skateboard park should buy into the landscaping. Leaves and other plant s droppings need to be avoided. Have the park users help to install the landscaping. 9 ORD. 2056 NCS io ZONING ORDINANCE AMENDMENTS >> Introduce Ordinance 2056 NCS amending Zoning Ordinance 1072 NCS by amending ~2 Sections: 19A-202 (2) and 19A-650 Planned Unit Development District; Section 21-203 on ~3 private swimming pools; adding Section 21-420.21 on Cardroom Regulations; add parts to ~a Section 23-5000 on Fences; add Section 24-401.7 projections into required yards; amend the is 25-507 Conditional Use Permit revocation with an alternate procedure; and delete Section ib 28-202 on violations because it has been superseded by a Municipal Code amendment. " i~ Bryant Moynihan said there is no impact shown on these proposed changes and asked why ~a there is no participation by the public. Introduced by MNI, seconded by P~'. -9 Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayar Hamilton, Mayor Hilligoss 2o Noesc None 2t Absent: Read 22 COUNCII. LIAISON ASSIGNMENTS z3 The Lafferty Committee is wondering if Councilwoman Stompe is coming back to the Za committee and continue to participate? The Committee has talked about the EIR project Zs management options. z6 Report out of closed session: 2~ CONFERENCE WITH LABOR NEGOTIATOR - Governinent Code §54956.6 Agency Zs Negotiator: Acorne, Salmons, Employee Organization: Units 6(Police), Unit 7(Fire) - staff a9 was given direction. 3o CONFERENCE WITH REAL PROPERTY NEGOTIATUR pursuant to Government 3i Code §54956.8, Property is along East Washington near Prince Park at AP 149-180-015, 3a Under negotiation with Clement/Catenacci are terms of sale and price of property 33 acquisition for pedestrian and bicycle easement - staff was giverr direction to proceed. 34 CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6, Agency 35 Negotiator: City of Petaluma, Employee organization: City Manager - staff was given 36 direction. ######################################################## ICey 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 August 4, 1997 Vo1.30, Page 41fl ~ CONFERENCE WITH LEGAL COUNSEL Government Code §54956.9(b) anticipated 2 litigation - significant exposure to litigation pursuant to aforementioned Government Code 3 section - no reportable action a ADJ~IJI~T s At 10:30 p.m. the meeting was adjourned 6 7 8 / 9 ~4 io M. Pat i i ATTEST: ~2 13 ^ f~~ J 14 ~~ ~ is Patricia E. Bernard, City Clerk Hilligoss, Mayor ############ ########;~###~### 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 MattMaguire