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HomeMy WebLinkAboutMinutes 07/21/1997July 21, 1997 Vo1.30, Page 373 ~/ ~~ a, ~ Marru~r~s n ~j a OF A ~GUd~AR 1VIEE'TING ~~ ` 3 PETALiJ1VIA CI'I'Y COUNCIL~ a 1VIONDAY, .~TI,~' 21,1997 s ROI,I, CALI. 3:00 ~.m. 6 Present: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss ~ Absent: Vice Mayor Hamilton s Also Present: City Attorney Rudnansky 9 MINiJB'ES io MM asked the City Clerk to refer to each Councilmember by initials in the minutes. The i i key is on the bottom of each page. ~2 The minutes of the July 7 meeting were approved as amended: i3 Page 364, 4th paragraph - note that the skateboard incident happened in Berkeley and not in ia Petaluma. is Page 367, 4th paragraph - MM noted that Montgomery United Water would be willing to i6 open the pricing information if the other bidder did. i~ CONS~N'g' CAI,ENDAR ~ s The following items which are noncontroversial and which have been reviewed by the City ~~ Council and staff were enacted by one motion which was introduced by MS and seconded ao by MM. Zi Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss z2 Noes: None z3 Absent: Vice Mayor Hamilton Za RESO. 97-176 NCS zs CI.AIIVIS AND BII~I,S 26 Resolution 97-176 NCS approving Claims and Bills #65800 to #66135. 2~ Zs RESO. 97-177 NCS DOWNTOWN SYDEWALK SAI,ES 29 Resolution 97-177 NCS authorizing Downtown Sidewalk Sales Thursday through Saturday, 3o July 24, 25, and 26. 3i RESO. 97-178 NCS 32 CI'I'Y CL~RK ~COItDS RE'~ENTION P120GRA1VI 33 Resolution 97-178 NCS approving the retention schedule for the City Clerk Department. ######################################################## Key to abbreviations: JH- ~ice Mayor Jane Hamrlton, 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 374, Vol. 30 ,Tuly 21, 1997 i RESO. 97-179 NCS 2 SELL AIVIBULANCE PAYMENT 7 SHARES STOCK 3 Resolution 97-179 NCS authorizing the sale of 7 shares of Maxicare stock which were a submitted as payment of an ambulance bill in 1991. Currently the shares are worth about s $24.00 each. 6 RESO. 97-180 NCS ~ 'TO'T ALLOCATION OI,I) ADOBE a Resolution 97-180 NCS allocating $450 to Old Adobe Festival for transit and $2,500 to Old 9 Adobe Festival and Adobe Luminaria Fiestas for advertising. ~o RESO. 97-181 NCS i i ASSESSMENT I)ISTRICT ANNi1AL COS'TS i2 Resolution 97-181 NCS setting the maximum annual assessment for administrative costs to i3 reimburse the city for its costs in administering the assessments and related costs. For the 83 ia parcels in Corona Ely Assessment~District (AD) 21 the maximum annual assessment is ~ s $14,900 and the City is charging $14,689; for the 210 parcels in the Refunding Assessment i6 District 1996-1 the maximum annual assessment is $40,285 and the city is charging » $39,194.09; for the 8 parcels in Assessment District #23 the maximum annual assessment is ~a $8,800 and the city is charging $4,722; and far the 61 parcels in Lakeville Highway ~9 Improvements AD 24 the maximum annual assessment is $12,800 and the city is charging zo $6,122.39. The total being charged for this fiscal year is $64,727.48. zi RESO. 97-182 NCS aa RESYGNATION WII.LIE McDEVIT'T - AIRPORT 23 Resolution 97-182 NCS accepting the resignation of Willie McDevitt from the Airport za Commission. Zs RESO. 97-183 NCS 26 SALARY UNI'I' 1 CONFYDENTIAL 2~ Resolution 97-183 NCS approving salary and supplemental wage benefits for employees in zs Unit 1 - Confidential. z9 RESO. 97-184 NCS 30 1VI0~J ~.TNI'I' 2 LABOIt 3fl iZesolution 97-184 NCS ratifying the Memorandum of Understanding executed by the s2 representatives of the city and the Petaluma Employees Association for employees of 33 Unit 2 - Labor. ############################ ####### ICey to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe 1~K-Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire . .cn.. n~~~., 'r' . • ' July 21, 1997 Vo1.30, Page 375 ~ ~SO. 97-185 NCS z SALAR~' ~JNI'd' 4 PROFESSIONAY. 3 Resolution 97-185 NCS approving salary and supplemental wage benefits for employees in a Unit 4 - Professional. s 6 ~SO. 97-186 NCS SALARY UNI'I' 81VIANAGEIVIENT ~ Resolution 97-186 NCS approving salary and supplemental wage benefits for employees in s Unit 8 - Management. 9 ~SO. 97-187 NCS ~o SAL,ARY UNIT' 9 MID-1VIANAGEMEN'T ii Resolution 97-187 NCS approving salary and supplemental wage benefits for employees in iz Unit 9 - Mid-management. ~3 * * * * * End of Consent Calendar * * * * * ~a RESO. 97-188 NCS ~s ~INAL 1VIAP CROSS CREEI~ SUBI)IVISION PHASES 1& 2 i6 Resolution 97-188 NCS approving the final map for Cross Creek subdivision Phases 1 and i~ 2. Introduced by Mary Stompe, seconded by Nancy Read. is Ayes: Read, Stompe, Maguire, MayorHilligoss 19 Noes: Keller, Torliatt (neither were on the Council for previous votes, zo however, they said they have always opposed the project) Zi Absent: Vice Mayor Hamilton 2a A1~TS ANI) ~LIDE1tS AR'I' PROJECT z3 The Council discussed methods of recognizing senior citizen art efforts by placing their Za works of art in City Hall, Lucchesi Community Center lobby, and local galleries. If Zs permission can be obtained, empty store fronts downtown could be used for these art 26 displays. Some of the senior artists can be found in the long term care facilities and 2~ retirement centers in town. Zs Tru Schultz noted that there is a Seniors Expo in town every Autumn. Perhaps this would be 29 an opportunity to begin the art displays. She will ask the senior groups if they would like to 3o participate in such an arrangement. 3 i It was suggested the exhibits could be rotated around town in order to obtain the greatest 3z amount exposure to their art. The local art associations will be asked to become involved, 33 also. Staff will report back as this progresses. 34 I)ISPLAY CASE 35 Regarding the display case that the Council had asked for, DK suggested that the Casa 36 Grande High School Wood Shop be asked if they are interested in building such a display 3~ piece. ######################################################## 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 376, Vol. 30 July 21, 1997 REVO~,VING DOOR CONF'~.ICT OF INTE~ST a The Council has received a copy of State law and City of San Francisco regulations on this 3 subject. Staff was asked to contact the League of California Cities to see of there are any a other municipalities which have such regulations. It is the intent of the Council to include s employee "upper echelon," commissioners, committeemen, and Councilmembers for up to 6 three years after termination of employment. Let us make certain this will be something we ~ all can live with. MM said it is the wastewater hearings that brought this up. We see s tremendous abuse of this at the State and Federal. He doesn't want the local government v corrupted like the State and Feds. City Manager Beatty suggested it would be a good idea to io allow management staff to participate in this. The employees have mentioned concern about i~ the extent of their options which might be restricted. iz Warren Salmons, speaking as an employee, noted that the agemda wording may lead to the i3 implication there has been inappropriate behavior, or that inappropriate behavior is ~a anticipated. is MM said this is no reflection on anyone who works for the City at this point. He wants to ~6 take the cautious approach should a situation arise where we would need to protect the » public interest. DK noted this is important that we have this on hand when we go into ~ s privatization. ~9 R~SO. 97-189 NCS Zo 1997 STREET RESURFACING Zi Resolution 97-189 NCS approving plans and specifications and awarding contract to 22. Maggiora & Ghilotti of San Rafael for $1,193,681 for the 1997 Street Resurfacing Project. Zs The streets scheduled for resurfacing are portions of McDowell Blvd. North, Petaluma Blvd. za South, and Caulfield Lane. The `lifetime' of a street is 20 years with repairs being required Zs by year 10. Slurry seal of streets is expected to extend the street paving life by 5 years. City 26 Engineer Tom Hargis revised the annual figure for needed stre~;t resurfacing of arterials that 2~ had been given to the Council at a prior meeting from $3 Million to $2.5 Million. za Introduced by PT, seconded by MS. 29 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss 3o Noes: None 3~ Absent: Vice Mayor Hamilton az R~SO. 97-190 NCS 33 PEDESTRIAN PAT~-IWAY 'TO PRINCE PARK 34 Resolution 97-190 NCS approving plans and specifications and awarding contract to Max 3s Riggs Construction of Petaluma for $28,787 to construct a pedestrian pathway between 36 Redwood Circle on the northwesterly side of East Washington Street and the entrance to 3~ Prince Park. 3s The Council asked if there is a safe pedestrian crossing other than the one at East 39 Washington and Ely Blvd. Staff and the Traffic Committee are currently looking at this ao issue. It was noted by staff that the undercrossing that will be ~onstructed to the east of the a~ entrance to Prince Park will be for golfers and golf carts only. ####################################~################### ICey to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read I'H-Mayor ~I~1. Patricia Hilligoss, MS-Councilmember Mary Stompe DK-Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire r r> , ~~'~'•, i~,. .~;~,:.<.;, b.~-,y _„r~+;'±ni., . -! ~ ~ . S. . .. . , July 21, 1997 ~/01.30, Page 377 ~ Machine driven vehicles such as motor bikes would be a conflict with the golf carts and an 2 invitation to damage the golf course. The Bicycle Committee, said PT, is focusing on 3 finishing the Bicycle Plan, and she doesn't know if they can take time to discuss this issue a because it is a city project. City Manager Beatty noted this is an interim solution to an s immediate problem. It is not an ultimate solution. Introduced by MM and seconded by NR. 6 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss ~ Noes: None s Absent: Vice Mayor Hamilton 9 RESO. 97-191 NCS io XPI DA'I'A FOR PRIN'TII~1G/1VIAII~ING BIL,LS >> Resolution 97-191 NCS authorizing execution of an agreement with XpiData, Inc., of ~z Scottsdale, Arizona, to produce and mail the City's utility and other related invoices. The ~3 City produces 103,000 utility bills and 27,500 other bills each year and pays $0.18 for each ~a mailer plus $0.26 for postage for a total cost of $0.44 per bill. XpiData, Inc., has quoted a ~ s charge of $0.43 for processing each bill. In addition to the one cent saving for processing, ib this contract will save some staff time, reduce the operational costs of the printing equipment ~~ and the mailing machine. The existing stock of "billing" stationery is nearly depleted at this is time. NR asked if there will be a tandem testing of the new billing process by running a new i9 billing alongside a local billing for one month. The Finance Director advised there will be Zo no test billing during the initial month. The amount of "additional message" space that will ai be available on the new statements will be known after the format of the new bills is 22 finalized. Their references have been checked. The agreement extension time will be ninety z3 days. Nine times out of ten the cost of printing and mailing an insert to XpiData will be Za cheaper than having them print any statement insert. Jeff Maroff, sales person from zs XpiData, said they deal with the U. S. Post Office on a daily basis. The company gets the 26 least expensive postal rate by using the 11 digit Postal Bar Code on the mail. Introduced by 2~ PT, seconded by MM. Zs Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss 29 Noes: None 3o Absent: Vice Mayor Hamilton 3] 32 RESO. 97-192 NCS `PETA~,UIVIA KIT'C~-IEN' IJSE PE~IT 33 Resolution 97-192 NCS providing direction to the Planning Commission regarding the St. 3a Vincent de Paul Conditional Use Permit to feed the poor and homeless at the Petaluma 3s Kitchen located in Ellwood Community Center on Payran Street at East D Street. The 36 suggestions include limiting the number of diners to 175, developing and implementing a 3~ security plan, abiding by the Rules of Decorum, designating a neighborhood liaison person, 3s developing a long-term plan for alternate meal sites, and being subject to a periodic review. 39 Housing Coordinator Bonne Gaebler went on to read a letter from a resident telling the City 4o that people are sleeping in their vehicles on Payran Street and they are camping out behind at the buildings. a2 The following persons spoke: a3 1'olice Officer John ~ixler said he has not heard about people sleeping in their vehicles and aa asked that the Police be contacted when this sort of activity is identified. ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Ke[ler, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 378, Vol. 30 Ju9y 2fl, fl997 ~ Johri Records, COTS, said they are very grateful for the "Kitchen" and their work with the 2 people. They do things that COTS cannot do. COTS is willing to do whatever they can to 3 support the Kitchen. a Ed Conroy of St. Vincent de Paul spoke on behalf of the Kitchen. Nearly everyone working s at the "Kitchen" is a volunteer worker. Their budget is $16,500 per year. Most of the food 6 is donated. They operate 365 days a year. Speaking on behalf of St. Vincent's Kitchen, he ~ asked to be able to "reapply as a member of the neighborhood," They feed 40 to 50 adults s and about 100 children. On a daily basis there are about 155 to 160 in attendance. He thinks 9 about 20% of their visitors are homeless. ~o Paul Bromham, St. Vincent de Paul, reiterated what Mr. Conroy said. They are very grateful i~ to have use of the facility. We have about 64% women and children. They have two part- ~2 time workers and ten volunteers working seven days a week. He thanked the Council far the ~3 use of the facility. ~a It was suggested by a Councilmember that on Line 27 there should be a limit to the number ~ s of diners to 125 on site. Introduced by PT and seconded by MM. ~6 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss » Noes: None is Absent: Vice Mayor Hamilton iv 1t~S0.97-1931vCS 20 1VdA~NA DREDGING Zi Resolution 97-193 NCS approving the plans and specifications for dredging the Petaluma z2 Marina, awarding the contract to Camenzind Dredging of Falo Alto for $109,700, and 23 approving the project budget of $144,000. DK is concerned this is just a fix and will have to Za be done again. He would like to see the City come up with a funding source for the long as haul. He is hoping the 21,000 cubic yard sediment removal is sufficient to keep this bar 26 from forming again. 2~ Staff noted the U. S. Army Corps of Engineers dredges the river every four years, and it is zs anticipated the Marina will be included in the next river dredging project. $90,000 was z9 budgeted far the project. The extra cost will come from the PCDC fund. Staff also noted 3o the critical docks are the "A" and "B" docks which are for the larger vessels and are nearest 3~ the mouth of the Marina. 32 MM The last time this was brought up we had discussion about the whole projeet, its 33 genesis, and so on. One of the issues raised at that time is should we skip the annual 34 payment and pay for the dredging with that money. He is not satisfied with the Finance ss Director's response to this issue, because it didn't answer a number of the Council's s6 questions nor did it respond to the direction Council gave. One of which is, when is our 3~ Finance Director going to meet with Cal Boating to discuss reilegotiating this contract. The 3s response said this would have some risk for our credit liability. There was no quantification 39 of that. You were asked to contact the County to see what their experience is, all we were ao told that is "that is an arm of the State government." #######~########################################### Key to abbreviations: JH-Vice tVlayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK-Councilmember David Keller, PT-Councilmember Pamela Torliatt , MM-Councilmember Matt Maguire >', a .. ' . .. ,. ~~t ,~ ~;at~`ti,,r.iF$i~ r ~~ ~ . ~ July 21, 1997 Vo1.30, Page 379 ~ Staff was asked, what is their direct experience since they relinquished Spud Point. z Research the impacts that have occurred to other cities that have had similar experiences 3 where they have either had a Marina loan in default, or if they have had another form of a State loan that they have said isn't working for them. So we can look at that and make an s informed decision on that. MM went on to say what I see from the contract is we have a 90 6 day window before they can do anything. It says they can take this back if we haven't ~ corrected things in 90 days after they have given us a written request to do so. To him that s says that if the City isn't happy with the loan arrangement, we have a 90 day window to leY 9 them know that we are serious that we want to renegotiate it. He is not necessariiy io advocating that we default on the loan, but he thinks we need to exercise some political will i i and some effort to make it clear to them because he doesn't get from anybody in staff, i2 bottom to top that we made an effort to try to talk to Cal Boating to try to address the ~3 underlying problem here. Here it is back again. Dredging is going to cost more than we 14 thought. He would like to have a response back on those points as soon as possible. 40 ~ s MS does not support defaulting on the loan or waiting 90 days to make a payment. Have i6 other cities issued bonds after defaulting on loans? What have the terms been. i~ PT is not in favor of defaulting on the loan at this time. From what she understands the is County is unique in the way the contract was set up, because the Marina Enterprise Fund is ~9 solely responsible to pay for it. In our loan document the City is responsible for making up zo any shortfalls whatsoever. She is in favor of going back to the State and negotiating a a~ resolution for all of the problems, the dredging, the amount of the loan, maybe payment 22 deferral. z3 The City Manager advised the Council that they have tried to set up a meeting with Boating za and Waterways and the person is on vacation, and is due back next week. Zs DK suggested that the City work with the State Legislators to get their approval and their z6 support since we are asking for a change the obligations of a State agency, this will show up 2~ in the State books. He is not in favor of unilaterally abrogating the loan, but there is a lot of za room for renegotiation, hang onto this thing, and send payments when we get profitable. We z9 could ask them to make allowance for this dredging budget. He is chagrined that with this 3o ease we take $44,000 of the PCDC budget and say 1et's go spend it to shore up this 3i development project, not a redevelopment project, as we have been doing with the $250,000 32 per year in the shortfall in the loan payments. T'his is not an appropriate use of PCDC 33 money. The City Manager said right now that is the only location we can draw upon. If 34 there is opportunity to delay the payment that certainly would be one of our goals. PT asked 35 when the Enterprise Funds are brought back to the Council, please include what the PCDC is 36 loaning to the City as far as dredging and so on? Introduced by NR, seconded by MS. s~ Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss 3s Noes: None 39 Absent: Vice Mayor Hamilton COl1VIPU'I'ER AIDED DISPA'I'C~I ai Acting Police Chief Parks said the project is moving along nicely. The contract is being a2 finalized between the City and other agencies. The contract with the grant writer is in 43 progress. The `tech' resources committee meets on Monday and then the request for 44 proposals will go out. We are still within the timeline. ######################################################## 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 380, Vol. 30 July 21, 1997 i RESO. 97-194 NCS z AFFIRNIATIVE AC~'ION PLA1~1 3 Resolution 97-194 NCS approving the Affirmative Action Goals for the Fiscal Year 1997- a 98. It is important to the City Council, staff was told, to do employment outreach programs. s They want staff to pursue an effective course of getting more women. Introcduced by 1VIS, 6 seconded by DK. ~ Ayes: Read, Keller, Stompe, Torliatt, IVlaguire, NYayor Hilligoss s . Noes: None 9 Absent: Vice Mayor Hamilton io COUNCIL ANI) STAFF REPOR'I' i i NR asked if the State is still planning to return the property tax revenues they have usurped ~2 over the years. She has heard that all legislation regarding the return of property tax to the i3 cities is dead. Staff was asked to FAX the Council an answer on Tuesday. ~a DK asked that a letter be sent to the Sacramento Bee, Los An~eles Times and San Francisco ~s Chronicle about the City's displeasure with the budget. ~6 MS said the issue of Lakeville Highway bike path should go to the Bicycle Committee. The i~ SCTA director spot has 50 applicants. They will narrow that down to 7 applicants who will ia be referred to the Board. ~9 CLOSED SESSION Zo At 5: I 5 p.m. the Council recessed to a Closed Session for the following purposes: z~ Conference with real property negotiator pursuant to Government Code §54956.8, 2a Willow Brook Pedestrian and Bike Path undercrossing of US 101, location portions of z3 Assessors Parcels #070-431-001 and 070-432-001, Negotiating parties being the City of za Petaluma, Benson, Hummel, under negotiation - price, ferms of payment, or both; and, zs Conference with labor negotiator pursuant to Government Code §54957.6, Agency 26 negotiator: Acorne and Salmons with employee organizations Unit 6 Police, Unit 7 Fire, z~ Unit 10 Public Safety Mid-management; and, Za Conference with labor negotiatar pursuant to Government Code §54957.6, agency z9 negotiator City with City Manager; and, 3o Conference with legal counsel on existing litigation pursuant to Government Code 3~ §54956.9, parties are Pickett vs.. City of Petaluma Case No MCV 143294. 3z AD.bOiJ12N 33 The Council adjourned to dinner at City Hall. ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember tLlary Stompe DK-Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire July 21, 1997 Vo1.30, Page 381 ~ I2ECONVENE 7:00 ~.m. a Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayar Hamilton, 3 Mayor Hilligoss a Absent: None s PI,EDGE OF ALL,EGIANCE 6 Planning Commissioner Marcel Feibusch led the Pledge of Allegiance to the flag. ~ MOIVI~N'~' OF SILENCE s PUBLIC COIVIMEN'T 9 Jamille Jordan of the Petaluma Art Association asked for TOT money for Art in the Park io advertising. The Council said she was too late for this years allocation. (She left their letter i~ of request which was given to the Finance Department to put into the next year's mailing list ~2 for TOT funds.) ~3 Walter Mangon - asked the Councilmembers to take a good look at the signs that are around ~a town. There are signs on top of signs. There is a`bike route' sign and a`bike path' sign. Is ~s there a difference? There are "no stopping" signs within 10 to 15 feet of a stop sign. We ~6 must keep somebody well employed. On Lakeville highway there is a big ditch. At i~ Washington and Ely there is a five foot sign with a drawing of somebody walking. What is does it mean? On Ely Blvd there is some paving and some bumps on the street, it's a mess. i9 CO~JNCIL COIVIMEN'T Zo Mayor Hilligoss reported out of Closed Session: The City met with the labor negotiator and Zi direction was provided. On the Conference with legal counsel on existing litigation a2 pursuant to Government Code §54956.9, parties are Pickett vs. City of Petaluma Case No. 23 MCV 143294. There is nothing to report. On the Conference with labor negotiator za pursuant to Government Code §54957.6, agency negotiator City with City Manager. There Zs was discussion and the Council gave direction to the City Attorney regarding the 26 employment agreement. On the Conference with real property negotiator pursuant to 2~ Government Code §54956.8, Willow Brook Pedestrian and Bike Path undercrossing of US zs 101, location portions of Assessors Parcels #070-431-001 and 070-432-001, Negotiating z9 parties being the City of Petaluma, Benson, Hummel, under negotiation - price, terms of 3o payment, or both. The Council authorized the negotiator to proceed with the offer. 3~ MM asked that a letter be sent to the State Legislature regarding a ban on Saturday Night 32 Specials (guns). Staff noted a letter is being developed. 33 DK noted that "Petaluma" doesn't appear on any of CALTRANS mileage signs except in 34 Novato and Rohnert Park. When these signs come up for replacement, he would like to see 3s the mileage to Petaluma included on the new highway signs. Regarding requiring new 36 developments to pay for themselves, he refered ~to the General Plan Executive Summary 3~ Goals where it says it is incumbent upon the City to require that. 3a NR said the Sheriff is attempting to establish a standard curfew throughout the County. She 39 wants to know the project's status and have it back to the Council for discussion. ######################################################## 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 382, Vol. 30 July 21, 1997 ~ AIRPOR~' COMIVIISSION APPOINTiVIENTS a VOTE FOR 1 four year Resident 3 1 four year Non-resident a 1 one year Resident s Felix Weyle, retiring Airport Commission member read a letter outlining his thoughts. The 6 Council asked him for a copy of that correspondence. (Please note that the manner of voting ~ shown in these actions is meant to duplicate the actual vote slips.) H H I T 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 Fred Adams James Burleson Art Cader 4 4 4 1 4 4 votes for 4 yrs ] vote for 1 yr James Hudson 1 1 4 1 1 vote for 4 years 3 votes for 1 yr Bob Patterson 4 4 2 votes for 4 yrs Robert Peterson Barry Lawrence 4 / 1 x 4 4 votes for 4 yrs non resident 1 vote for 1 yr Conni Pfendler, Inc. / 4 2 votes for 4 yrs non resident Charles Spongberg 1 1 1 3 votes for 1 yr short term ~ ######################################################## Key to abbreviations: JH-Yice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK-CounciPmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire , n , , I ..~.,i - . ' ' ' July 21, 1997 Vo1.30, Page 383 ~ICYC~,E COIVIMi'I'T'EE APPOINTIVIEN'1'S 2 3 VOTE FOR 2 two year terms 2 one year terms H H I T 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 Scott Duiven 1 / / / 2 x 6 2 yeaz term Jeremy Hancock Lisa Irwin / / 1 x x 5 1 year term Jim Janakes 1 / 1 3 Wayne Morganthaler, Inc. 1 / / x x 5 1 year term Bernie Stephan / x 2 Michael Sunday Patricia Tuttle-Brown, Inc. 1 / / / 2 x x 7 2 year term a CEN'T1ZAL I'ETALUIVIA SPECI~IC PLAN APPOINTIVI~NTS s K. Walter Haake of Foundry Wharf and Laura Neditch of 304 2nd Street were the two 6 applicants for the two seats from the expanded area of the Central Petaluma Specific Plan. ######################################################## ICey to abbreviations: JH-vice Mayor Jane Hamilton, NR-Councilmember Nancy Reac1 PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 384, Vol. 30 July 21, 1997 PLANNING COIVIIVIISSION APPOIN'~MENTS VOTE FOR 2 four year and 1 one year H H I T 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 'I' R ~ D R E N S T E L, Thomas Brians Gary Broad / / x 3 votes see vote #2 James Burleson Spence Burton / 1 vote Terrence Garvey / x x 3 vates see vote #2 Michael Healy 1 / / x x x 6 vates 4 year term Terry Kosewic 1 / x 3 votes see vote #2 Carl Maxey Wayne Vieler / / x x 4 vates 4 year term Wesley Waite 1 1 vote Vote #2 H H I T ~1ote for 1 for A L O M a one year term K S M L R A E T I I L G T R L O L G I U U E L M T O A I T A E P O S T R t~- D R E N S T E L, Gary Broad / / x 3 votes 1 year term Terrence Garvey / x 2 votes Terry Kosewic 1 x 2 votes ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK-Counci/member David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire _ • ~: ~„ { y~;; ;r:. f . July 21, 1997 Vo1.30, Page 385 ~C~tEATION CO1VIlVIISSION APPOINT'1VIEN'I'S Vote for 3 for four year terms H I~ I T' A L O M K S 1VI L R A E T I I L G 'I' it L O L G I U O E L, M T O A I T A E P O S 'd' 12 A I) R E N S T E L Steven Arago, Incumbent 1 / / / x x x 7 votes 4 year term James Burleson Paula Butterworth x 1 vote Richard Cohen / 1 vote Edgar Gomez Bruce Hagen / / x x 4 votes 4 year term Elizabeth Howland / 1 vote Joan Marsala 1 1 vote Voorhees Mount, Incumbent 1 / / x x x 6 votes 4 year term SI'TE DESIGN ARC~IITECTURAI, ~VIEW COIVIMI'I'~'EE Vote for 2 for 2 year terms H H I T 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 '~ E L Richard Burger, Inc. 1 1 / / x x x 7 votes - 2 year term Louise Leff 1 1 / / x x x 7 votes - 2 year term Brian Sheridan ########~#########################~#################### 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 386, Vol. 30 July 21, 1997 i 'I'R~~ COIVI~TTEE APPOINI'MEIVT a VOTE FOR 1 H H I T 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 Teresa Barrett 1 / / / x x x 7 votes - 2 yea~ term James Burleson a COUNCILMEIVIBER APPOIN'TiVIENTS s Sonoana County 'I'rans~ortation Authorit3r - This was on ~he agenda at the request of 6 1VIM. ~-Ie asked when the last appointment was made to the Sonoma County Transportation ~ Authority. The record has not been consistent as to the anethod of appointing a s representative to that body. In 1988 there was a motion to appoint Brian SobeL In 1990 9 there was a resolution appointing Brian Sobel with Larry Tencer as Alternate. In 1993 there io is a resolution appointing Carole Barlas as Alternate. (In October of 1995 Carole Barlas ~ i resigned and Mary Stompe was appointed. - City Clerk) That is the last documentation that ~2 could be found. i3 MS noted that membership changes at the beginning of the year, and she would like to serve ~a until January and then have her replacement be seated. MM said he is sure that Mary has is done a good job, but because we are getting well into the two-county study, the multiple i6 transit issue study, and he knows David Keller has been a devout student of alternative i7 forms of transportation, so he would move (no second) to appoint Councilmember is Kellerstarting at the end of this month because it is critical we have somebody that is in there i9 that has a very strong rail proponent's position. zo NR said this is not on the agenda for specific committee assigrvnent. It should be agendized z~ as such for adequate notice. There was considerable discussion about whether or not the 22 agenda wording, "Discussion and possible action regarding Councilmember appointments 23 (internal and regional)," was sufficiently specific to notice the public what would be acted Za upon. City Attorney Rudnansky was called on several' times to address that issue. His Zs understanding from reading the agenda was the Council was going to discuss and take 26 possible action regarding process, not make a particular appointment, although others may z~ read the agenda another way. ###########~~~################################### 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 _. ,. : : ,:~.. ~..,N ; :_,. , TM . July 21, 1997 Vo130, Page 387 ~ MS felt it was an attack on her and said it is interesting how the rules have changed, and we 2 don't want diverse opinions represented anymore. JH said she is sure that Mary is doing a 3 good job, but the Council wants to have what it feels will give them closest representation a for the values on the Council that are the majority, and that's fair to look at in any Council s liaison or committee member appointment. To make this into a personal vendetta, iV~ary, 6 you are completely out of line. It is legitimate to discuss this openly and fairly. City ~ Manager Beatty said he thought the reason for this to be on the agenda was to have a general s discussion of the policy of whether or not the Mayor had the authority, on her own as a 9 member of the Select Committee, to make appointments without conversation with the ~o Council. The Sonoma County Transportation Authority is not one of those appointments. ~ i He said he was sorry to have misunderstood. ~2 DK said he would support moving this to the next agenda with complete notice. He would ~3 like to have a complete listing of all commissions and agencies to which this body has ia designated represesntastives, the process by which they are designated, who makes the ~s selection, if there is a term, what the term is, and any related legislation terms, names of the 16 appointees. » City Selection Committee - MM said the other question raised by this issue is does this ia council wish to give the Mayor direction at the Mayors and Councilmembers associations ~9 when she is voting on the City Selection Committee or the Mayor's Selection Committee? zo He moved (no second) that the City Council take a vote and direct the Mayor on how to vote Zi in Mayors and Council's Association appointments. zz MS said, "Let me save some time for the City Council, I resign from the SCTA. Are you z3 satisfied?" The matter was continued to the next meeting. Za ~CESS 9:00 to 9:10 p.m. as I.ANDSCAPE ASSESSMEN'~' DIS'~'RIC'~' FI1~S'~' HEA~NG 26 Recreation Director Jim Carr told the Council that they have had 9 meetings with the z~ landscape assessment districts where there are suggested cost increases this year. The zs common comment received from the residents from all the meetings related to the frequency z9 of maintenance and the level of maintenance. In some cases there was improper plant 3o selection. Currently property owners are sending in their ballots to say whether or not they 3~ accept the increased assessment for this fiscal year. Staff plans to mail another set of ballots 3a to see if there is any degree of change in the vote. Currently the votes are mainly "no." The 33 hearing was opened and the following persons spoke: 3a Meredith Shadrach, 325 Black Oak Drive -(Westridge) - complimented Jim Carr and 3s supported their conclusion, the contractor (Nystrom) must be fired and we homeowners can 36 adjust to a lower assessment than submitted ($100 vs. $179). 3~ Greg Shooter, 428 Black Oak Drive -(Westridge) - is a landscape professional, there were 3a bad plantings, homeowners damaged the drip irrigation, there needs to be more landscape 39 care and management supervision. If a contractor doesn't perform, he should be fired. ao Hank Flum, 1721 Stonehenge Way (Sonoma Glen) - agrees with previous speaker. There ai has not been good maintenance. We look to the City to see that things should be done right. a2 He wants improvements to occur and costs to come way down. 43 Cheryl Nelson, (Cader Farms) - She would like to review the new contract prior to agreeing 44 to the $230 increase. She'd like specific guarantees in writing as to the service she will be 45 receiving, before she votes "yes." ######################################################## ICey to abbreviations: JH-Vice lLluyor Jane Hamilton, NR-Councilmember Nancy Read PH-~Lfayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire Page 388, Vol. 30 July 21, 1997 ~ Bruce Lundquist, 520 Almanor Street (Cader Farms) - the deficiencies that residents noted 2 have been discussed with city staff. The areas are supposed to be weed free. Neighbors are s doing some of the work and they have been told the maintenance company is supposed to do a that. There should be more time to have input to staff. s Mary Selberg-Woodcock, 15 Gregory Court -(Shelter Hills) - there has not been much 6 maintenance. They come by twice a year, cut off the weeds and take off. T'he irrigation is ~ on in the Winter, not in the Summer. s Ed Elliott, 2117 RoseMary Court -(Shelter Hills) - we do the work that gets done. Pay $18 9 and get nothing for that. Is it already too late? He hates to see the thing fall apar~. ~o Gordon Wong, 1712 Spyglass Road -(Fairway IVleadows) - the kids have a path through our ~ i area and there is Police activity. There is a lot of stuff going on back there. He has aslced ~a the hole be closed to stop vandalism. ~3 Mike Norton, 1703 Silverado Circle -(Fairway Meadows) - regarding trees, would it be ~a possible if in the future the trees were replaced with a more viable solution being picked? ~s There have been numerous police encounters in our area. ~6 John Gergus - the median strips should be the eity's responsibility, not ours. The city i~ approved the plans, the irrigation and what was planted. Now we are being told this is poor ~s selection. The homeowners shouldn't bear the burden of these expenses. There needs to be ~9 further review of this. Zo John Copp, Page Street -(Kingsmill) - most of the problems are lack of supervision. I am 2~ going ot vote `yes' and think the city needs to see what they can do. If Ed Andjerdogy does 22 a good job, find. He is willint to give this one more chance. ~ 23 Kendell -(Shelter Hills) - hopes the Council has some recourse for the money that it has Za spent. Zs Fondess, 1822 Rainier -(Cader) - the high cost of water with water breaks with nothing ab being done. It took 7 hours to get maintenance people to check a 3/4 inch pipe flowing, 7 z~ hours. . Zs The hearing was closed. Recreation Director Jim Carr has discussed the diferent levels of a9 maintenance with the people who attended the meetings. DK asked if Nystom is no longer 3o under contract and does he have a performance bond. Jim Carr noted there is no 3~ performance bond. Ed Andjerdogy is working on tighter controls for the next contract. MM 32 suggested it might be a good idea to have representatives of the landscape assessment 3s districts in attendance when the contract and specifications are being fine tuned. To Mr. 34 Gergus, he said the city is not rolling in money, and the c'ity d~esn't have the revenue to do 35 the maintenance. MS thanked the neighbors for coming out. DK asked for the status of the 36 walkway to Fairway Meadows. The Planning Director said the plans show a solid fence at 3~ Lakeville Square. The neighbors said that a concrete patliway has been laid in that 3a apartment complex to Fairway Meadows. ######################################################## Key to abbreviations: JH-Vice Mayor Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK-Councilmem6er David Keller, PT-Councilmember Pamela Torliatt MM-Councilmember Matt Maguire July 21, ]997 Vo130, Page 389 ~ NUISANC~ A~A'I'EMENT 896 LAK~VII,I.~ STREE'I' z The resolution declaring certain conditions of the property at 896 Lakeville Street to be a 3 public nuisance and ordering said nuisance to be abated was continued to the next meeting. a Dave Clark, tenant, and Les Barta, owner of record, have been advised there is on 896 s Lakeville Street a storage shed and installation of an air filtration system both of which were 6 commenced without the necessary building permits and without the necessary site plan and ~ architectural review, which are violations of the 1994 Unifarm Building Code and the s Zoning Ordinance. 9 ~RRI). 2053 NCS io VEHICI,E COD~ EN~'ORCEIVI~N'T - PARKING I.O'TS i i Introduce Ordinance 2053 NCS adding sections to the Municipal Code to allow the Police ~z Department to enforce Vehicle Code regulations on certain parking lots not otherwise i3 subject to Police Department action. This is done at the request of the property owners. The ia areas which are included are: ~s Hagstrom's Shopping Center on Douglas Street i6 Plaza North Shopping Center on North McDowell Blvd. i~ Petaluma Plaza Shopping Center on North McDowell Blvd. is Golden Eagle Shopping Center on East Washington i9 Payless lot on East Washington at Lakeville Zo Washington Square Shopping Center on South McDowell Blvd. Zi Petaluina Cinemas on North McDowell Blvd. Zz Barstone Town & Country Shopping Center, Payran and Petaluma Blvd. N. z3 Kenilworth Junior High School at Kenilworth Drive za Sonoma-Marin ]'ark & Ride facility on East Washington & Fairgrounds Dr. Zs Introduced by Pamela Torliatt, seconded by David Keller. z6 Ayes: Read, I~eller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor 2~ Hilligoss Zs Noes: None 29 Absent: Stompe 30 31 RESO. 97-203 NCS 'I'UXI-IOI2N ESTA'I'ES II NEG I)EC 32 Resolution 97-203 NCS approving a mitigated negative declaration of environmental impact 33 for the 4.2 acre Tuxhorn Estates II Development located on the easterly side of Sonoma 34 Mountain Parkway between F.iesling Road and Americana Subdivision. Introduced by 3s Pamela Torliatt, seconded by Nancy Read. 36 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor 3~ Hilligoss 3s Noes: None 39 Absent: None ######################################################## Key to abbreviations: JH-Vice Muyor 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 390, Vol. 30 July 21, 1997 ~ ORD. 2054 NCS 2 TUXHORN ES~'A~'ES II ~2EZONE 3 Introduce Ordinance 2054 NCS rezoning this site from Agricultural to Planned Unit District a (PUD). NR requested that staff contact the Redwood Association about use of and s conservation of redwood. Regarding the proposed landscape assessment district at this 6 subdivision, the Council directed staff to diligently pursue a landscape plan that would ~ eliminate the design and plant selection problems which have been related to the Council s this evening. Staff reminded the Council that staff has no mechanism to collect for future 9 maintenance costs of the public improvements. This maintenance becomes a community 0 obligation. You cannot use a landscape assessment district for streets. Introduced by Pamela ~ Torliatt, seconded by Nancy Read. z Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor 3 Hilligoss ' a Noes: None s Absent: None ~6 The Council also discussed the Resolutions approving the PUI) Unit Development Plan and i~ the Tentative Subdivision Map. ~x GENERAL PLAN REVIEW i9 The discussion of an update to the General Plan and provzding direction to staff was 2o continued to a later meeting. Zi ADJOURN 22 At 10:20 p.m. the meeting was adjourned 23 24 25 26 27 Zs ATTEST: 29 30 ~_ 31 3a Patricia E. Bernard, City Clerk #######################################~#####~########## Key to abbrevrations: JH-Vice l~fayor 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