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HomeMy WebLinkAboutMinutes 12/16/1996December 16, 1996 Vol. 30, Page 159 ~ ~l~ i I~IN~JTES ~ / l ^~ z OF A ~(sYJI~AR 1VIEETING ~ "1~ ~Y ~ 3 PE~'AI.~A CITY CO~JIVCYI. ~ ~ a li'IOIVDA~', DECEIVI~ER 16, 1996 ~ s 1~OLL CAI.,g, 7:00 p.m. 6 Present: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 7 Absent: None s PI.,EDGE OF AI,I,EGIAlvCE 9 Troop 513 of the Girl Scouts led the Pledge of Allegiance to the Flag. io IVIOIVI~N~' OF SIg..ENCE i i P~Y.IC COlVIMENT iz Skyler Timko, 501 Bryce Canyon Court - complimented Councilmember Carole Barlas and is thanked her for her intelligence, insight and good will. You are willing to listen. Thank you. ia Linda Buffo, Downtown Association Executive Director - she asked the City Council to is work on the problems that are being experienced by businesses in and around the Putnam i6 Plaza. This area has design flaws, hazardous conditions and it is difficult to go about your i~ daily business there. We have asked the Parks and Recreation Commission to look at the ~a park design. The Commission agreed the problems e~cist. There are policing problems, i9 garage damage and vandalism as well as very bad language. Please agendize the issues. We ao have written a letter requesting this be an action item on the next agenda. zi Elizabeth Meredith, 104 Sth Street - she sees no reason why there should be nine people on 22 the City Manager selection committee. It should only be the new Council. When is there any 23 public participation in the City 1Vlanager selection process? (See response Page 161 Lines 21- za 23) Zs Bob U'ren, Recreation Commission - Putnam Plaza should be on the agenda at the earliest a6 opportunity. We would like to take an all encompassing approach. 2~ Janice Cader Thompson - thanked both Councilmember Barlas and Councilmember Shea for Zs all their contributions to the City and for just being there. 29 COUIVCIL COIVIIVIENT so Mary Stompe -went to the National League of Cities Conference in San Antoruo, Texas, She si was impressed with the River Walk. She also went to a Police Academy in San Antoruo and s2 was specifically interested in the issue of Commuruty Policing. She asked that there be an 33 opportunity to have the Council discuss (1) Citizen Police Academy and (2) Cellular Patrol, 34 which is a step up from the Neighborhood Watch. While she was there, she had an ss opporturuty to experience a virtual reality Police Officers' training situation. 36 Councilmembers Shea and Barlas were thanked for their many contributions to the City. She 3~ agrees the Putnam Plaza issue should be placed on an agenda. Page 160, Vol. 30 December 16, 1996 i Jane Hamilton - also agrees with the Pumam Plaza issue being on a Council agenda soon. i She thanked Councilmembers Barlas and Shea for all they ha.ve done for the City and for 3 their incredible sacrifices. Regarding the Teen Center, she talked about creating a Youth a Commission, and she would like Lori Shea to lead that, because of her leadership skills and s common sense. 6 Jane Hamilton also thanked Councilmember Barlas for her energy on the `No Smoking ~ Ordinance,' the Health Community group, and the Mayors a~id Councilmembers working s group. She went on to say that Councilmember Barlas' ability to distill what's pertinent in a 9 chaotic moment has been helpful, and the way the Councilmember extends respect to people io who differ from her has also been a good example to follow. ~ i Carole Barlas - Peggy Sebera, a professional consultant who has worked with such groups as 12 Hewlett Packard, Arizona EducationaY Association, ARCO ~Jnited "I"echnologies, and ~3 Southwest Washington Medical, would like to volunteer her services to the Council for ia some team building sessions. She thanked staff for their support. We have a superior staff ~s that works long hours beyond the call of duty. This has not been an easy four years for our 16 staff. They have hung in there, and she appreciates them all for that. The rest of the i~ Councilmembers have had rough times; feelings run deep. She has learned a lot from the ~s debates, more so from those who disagreed with her position.. ~9 She shared her definition of leadership which to her has a very special meaning that isn't zo generally articulated. It is not about a posifion, and it's not about a style. And, as a matter z~ of fact, she said she has a rather radical idea about leadership. She read the following: 22 "Leadership is about a relationship, and how we conduct ourselves within that relationship. a3 Leadership is about how a person with responsibil.ity for guiding a community or guiding an Za organization can invite, encourage, and facilitate the participation of everybody. Because, Zs we all know the solutions to our problems. A true leader is one who can bring that out and zb help it emerge from each of us. And she fully believes in the public process because of that. 2~ So a leader, who really does her job well, will facilitate this process, and the process will be zs co-creative process. It'll be a process that really respects the wisdom and the thinking and 29 the knowledge of everybody who is involved. There have been times when she (Carole 3o Barlas) has fallen back on that as a way of holding herself centered in this job. She thinks if 3~ we can begin to shift our ideas about what leadership is and understand that our power isn't 3z "power over" people, but "power with" people, then we can begin to make the kinds of 33 changes that are caring and compassionate. And, we can look at every human being as a ~~ human being and take away the hierarchy and the domination and the oppressive kinds of ss behavior that tend to come with the "power over" type of leadership. She looks forward 36 ultimately to a time when the attitude and the intention of our political leaders will be to 3~ directly respond to the "political will" and determination of the people we serve." 3s Lori Shea - she thanked the staff for all their work. It has beeri an amazing time in her life. 39 She has learned a lot. She thanked the people of Petaluma for giving her the opportunity to ao serve the city: She has probably learned more from people whb didn't support her position a~ than from those who did. She hopes the Council continues to push forward with the projects az that have been approved. She hopes that youth projects will be on the top of the City's 43 agenda. She attended the Parks and Recreation Commission uvhen the public came to talk 44 about Putnam Park. She supports the Council working with the Recreation Commission and as the Downtown Association on this issue. Also people should not go without food and a gift ab this time of year. She encouraged people to donate food and presents to the needy. a~ ~-Iomelessness is growing. It is our responsibility as a community to take care of that. ,. ' ~"''4,~1d1"'w~'~`,:~,',n~u'>~i'~F"'?~"~~`,~`'~,; _ December 16, 1996 Vol. 30, Page 161 i Matt Maguire- Bonnie Gaebler recently an award on behalf of the City of Petaluma for z housing. It was presented by the Non-Profit Housing Corporation who presents annual 3 awards to a private sector recipient and non-profit recipient. Petaluma was honored for the 4 number of units it has produced and for meeting its Housing Goals. He asked for the s following; (1) as a matter of normal policy, when the Mayors and Councilmembers have an 6 appointment on their agenda, he would like to have that on the City Council agenda for ~ discussion. s Currently they are looking at an appointment to the Open Space District Advisory Committee 9 and the Coastal Commission. Please put these on the ne~ agenda. He would also like (2) an io agenda item about the headwaters forest and CALPERS investing in the corporate owner of ii the forest; (3) Yhe I.ocal Government Commission deals with land use planrung in an ~2 aggressive way. We should discuss becorrung an EPA transportation partner so we are i3 eligible for the funding that is available. He thanked Lori Shea and Carole Barlas for their ia contributions, Lori for setting standards on youth issues and Carol for setting a standard for is etlucs when things get hot. i6 Jane Hamilton - Regarding the public weighing in on the City Manager selection, she asked i~ the City Manager to respond. John Scharer, City Manager, noted that at this point in the is process there is no opportunity to bring the public in. The candidates are being interviewed i9 now and the Council will be getting a list of about 12 applications for their review. Since the Zo applicants are all working, making their names public could jeopardize their positions. (note 2i bene: earlier in the process, there was opportunity at a special publicly noticed meeting at zz City Hall for the public to meet with the consultant to share their thoughts on the City z3 Manager selection process. City Clerk) Jane went on to say that the public may contact any 2a Councilmember at any time to make their thoughts known. Zs PiT~LIC COIVIIVIEI~1'T a6 Jeff Hamman, McNear's Saloon - thanked Carole Barlas and Lori Shea for their z~ contributions. Putnam Plaza is a problem of behavior and not a problem of certain persons. zs This is behavior e~chibited by people. The Baker Street Bar and Grill is coming before you ~9 tonight. I~istorically this has been a bar and restaurant. The businesses currently being so handled by Tom Baker are run responsibly and he will run the Baker Street Bar and Grill 3i equally responsibly. He supports their application. 3a Ii'Y~ig7TES 33 The minutes of the December 2 meeting were approved as submitted. 34 ~oN.~~~~ ~~A~.~N~E~~ 3s The following items which are noncontroversial and which have been reviewed by the City 36 Council and staff were enacted by one motion which was introduced by Matt Maguire and 3~ seconded by Jane ~Iamilton. ~ 3s Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 39 Noes: None ao Absent: None ai ~SO. 96-3331VCS 4z CI.AIlVIS ANID ~II~LS as Resolution 96-333 NCS approving Claims and Bills #60623 to #60925. Page 162, Vol. 30 December 16, 1996 ~ itESO. 96-334 NCS 2 COMPLETION 12ECOA'~'ING WATER 'TANK s Resolution 96-334 NCS accepting completion of the contract with Redwood Painting a Company of Pittsburg California for recoating La Cresta # 1 and La Cresta #2 water storage s reservoirs. The contract was awarded on August 6, 1996, for $104,599. 6 RESO. 96-335 NCS ~ EXTENSION OF BUS Al)VEit'g'ISING CONTRAC'T s Resolution 96-335 NCS awarding a one-year extension to Petaluma Transit Advertising at 9 $1,000 per month or 35% of gross revenue, whichever is greater. The last fiscal year io Petaluma Transit has realized over $40,000 revenue from this contract to help fund the i i system. ~z ORD. 2043 NCS ~3 FAIVIILY DAY CAR~ ia Adopt Ordinance 2043 NCS amending the Family Day Care facility regulations to reflect is modifications to §1596.78 of the Health and Safety Code, to delete the 300 foot separation ~6 requirement between large family day care facilities, and to amend §26-512.1 of the Zoning ~7 Ordinance (Minor Use Permits) to allow administrative approval under certain is circumstances. This ordinanee was introduced at the December 2 meeting by Jane I-iamilton ~9 and seconded by Matt Maguire. zo RESO. 96-336 NCS 2~ TUXHORN ESTATES DEVELOPMENT PLAN Za Resolution 96-336 NCS approving the Development Plan and Standards for a 4 lot custom z3 home development on 0.97 acres located at 370 Sonoma Mountain Parkway. za 12~50. 96-337 NCS zs HANf;AR CONS'I"It~JC'i'ION 26 Resolution 96-337 NCS approving award of contract to BDM Construction in the amount of 2~ $916,811 to construct seven hangars. The entire project is estimated to be $1,146,211. za Funding comes from a State loan of $975,000 and a Federal Aviation Administration grant 29 of $172,810. 30 End of Consent Calendar- 3~ RESO. 96-338 NCS 32 S~-IERIFF BOMB DISPOSAL SERVICES 33 IZesolution 96-338 NCS authorizing a contract with the Sonoma County Sheriff Office for 34 bomb disposal services. The term of the contract is open ended and can be terminated by 3s either party by giving ten days notice. The fee is $0.05 per resident per year ($2,5000) plus 36 the cost of a sheriff deputy and a sheriff sergeant, which will , be billed at a two-hour 3~ rriinimum. ^ ~ ~;.. s ';.~+t ~ ~ ~.~ u~:`'~'` ;, December 16, 1996 Vol. 30, Page 163 i The deputy is currently listed at $63.42/hour and the sergeant is listed at $73.10/hour. Those 2 rates are the one-hour over-time rate, and the salaries will change over time. Chief DeWitt s said past experience shows a need for this service up to four ~times a year. Introduced by a Matt Maguire, seconded by Vice Mayor Stompe. s Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 6 Nces: None ~ Absent: None s S~'A'I'~1S R~POlt'I' ON TEEI~1 AC~VI~S 9 Donnie Dutra, Teen Coordinator, noted the Kenilworth Teen Center is open from 3:00 to io 6:00 p,m. Monday through Thursdays, from 5:00 to 11:00 p.m. on Fridays, and from 6:00 to ri 10:00 p.m. on Saturdays. Attendance during the week is sporadic. On weekends they have iz 30+ teens. Five thousand questionnaires were distributed to the schools asking the teens i3 what sort of activities they would like to have at the Teen Center. Over two thousand ~a responses were received. Some of the activities that the teens would like to see include is photography, arts and crafts, job skills, field trips and physical activities. The teen center has i6 offered drivers education, youth employment, and basketball hoop games. At the Cavanagh i~ Center (former west side Boys and Girls Club), the activities include one Friday night dance a is month and game room activities. A teen seminar will be offered early in 1997. After the i9 seminar, the teen representatives will share the information they have learned with the junior Zo high schools. The skate park will be going to bid at the end of this month, and it will'be built zi in the Spring. The Rocky Memorial I~og Park will be completed very soon. zz I.AFFElt'Y~ ACC~SS STA~'i7S ]L~EPO~tT zs Councilmember Maguire reported the committee is starting to get into the meat of their 2a issues. There are two subcommittees. One is working on baselines, conditions, survey, and 2s environmental issues, and the other is working on best management practices throughout the z6 Bay Area. There is no time line for the committee as yet. He anticipates the subcommittee 2~ to report back this Wednesday night. 2~ I.AFFER'~ INTERII~ ACCESS POI.ICY 29 All parties are still in the information collection mode. '~he civil engineer, city attorney and 3o staff are all still working to gather the information the Council has requested. There is a 3i neighborhood/access committee meeting being planned. Mail notice will be sent out when sz the meeting has been scheduled. 33 34 ~SO. 96-339 NCS NEW SEWElt PLAN'~' OPE~2AB'OR SELECT~OIV ~s Resolution 96-339 NCS adopting "Detailed Proposal Evaluation and Selection 36 Methodology," or manner in which the staff evaluation committee and citizens wastewater s~ advisory committee will evaluate the proposals to design, build, own and operate the new 3s wastewater treatment facility; i.e., sewer plant. Michael Ban, the City's utility engineer, 39 addressed the Council and outlined the amendments to the vendor evaluation process. There ao are three of the original five vendors remaining. IVlichael Ban reviewed the Price criteria and ai the Non-price criteria that are to be utilized. Committee member Matt Maguire asked for a az change in Paragraph 4.3.2.3 New Treatment Facilities to change "environmental mitigations" a3 to "environmental sensitivity," meaning the least environmental damage; and in Paragraphs 44 4.6.2.5.1 change the title "Project Director" to "Management Personnel." Page 164, Vol. 30 December 16, 1996 i There was a question as to whether tlie evaluation process will result in 50% of the decision 2 being based on price issues of the proposal and 50% on non-price issues. Staff responded 3 that although it is not stated in the resolution, that will be the working ratio. If one response a has a better price structure and another response has a bett:er non-price structure, it is s anticipated that the Council will authorize negotiations with both responders. 6 Speakers: ~ Terrance Garvey, 83 Maria Drive - the 50:50 ratio price vs. other criteria should be written s into the document, otherwise the issue will be confusing. He suggested either dealing with 9 the price issue for all responders first, or dealing with the non-price issues from all io responders first. He feels the work done so far on this document is quite commendable. i i David Keller, 1327 I Street - Thanked both Lori Shea and Carol Barlas for their iz contributions to the City. Their contributions have been both important and valuable. i3 - He questioned staff as to the makeup of the staff evaluation committee. (Response - ~a Assistant City Manager Warren Salmons, Finance Director David Spilman, City is Engineer Thomas Hargis, City Attorney Richard Rudnansky and Senior Planner Jennifer i6 Barrett.) » - He said there is no one to represent the users, from a"rate standpoint." (Response - a is rate analyst would be another budget item for the Council to discuss.) ' i9 - He questioned the rigidity of the evaluation protocol; how much flexibility does the Zo Council have; there may be flaws in this document? If the company has flaws in its z~ compliance history, is the Council able to act on somethin~ like that? (Response - the 22 Council has flexibility in the approval process.) z3 - There are differences in the assumed risks, where those risks are different from other Za venders, how are we going to evaluate that? (Response - Assumed risks are (1) bottom as line cost and (2) vendors are given opportunity to suggest alternative risk assignment.) 26 - Do all the responders have the same information? (Response - yes all responders have z~ the same information.) zs - Where in the evaluation procedure does the public versus private question fall? z9 (Response - We have asked the vendors to do an analysis of the development cost of a 3o public alternative. We will use the initial data as a checkpoint; then fine tune it after 3~ negotiations.) 32 - The Consumer Price Index (CPI) is an inappropriate index. It should be the Industrial 33 Index.. (IZesponse - besides the Cl'I other indices have been adopted to provide for the 34 changes in costs. Alternate indices can be evaluated during negotiations.) 3s - Will we be able to compare this proposal on not only a fixed rate but on a rate of return, 36 or a more traditional approach to rate setting? (Response - the document does not now 3~ anticipate using the "return on investment" approach.) 3s The Finance Director noted that the Net Present Value calculations use 6'/2% discount rate u . "t« .. :1`~„'~A'`r .~~A~,~~ ~n;jq'F":"~~a~!.r': ' i4:' . . December 16, 1996 Vol. 30, Page 165 i Resolution 96-339 NCS was introduced by 1Vlatt 1Vlaguire, seconded by Jane Hamilton. 2 Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 3 Noes: None a Absent: None s ~ItOPOSITION 218 - I~~1~1~JES 6 Finance Director David Spilman reviewed the aspects of State Proposition 21 ~ to the best ~ that information is available on the issue. T'here will be State I,egislation adopted next year s to answer some of the questions which this Constitutional Amendment has raised. 'The 9 Courts will also be busy interpreting pieces and parts of the initiative. io The Finance Director advised that there have not been any taxes imposed or increased by the ~i City Council since January 1, 1995, the specific milestone date listed in the measure. Had i2 there been a new tax or an increase in tax, subsequent to January 1, 1995, there is a certain i3 tine frame by which the tax would have to be ratified by a majority vote of the populace. ia There is the Cable 'Television Community Access Fee which was adopted by the City Council is in 1995. It may or may not be considered a t~ or a property related fee. ~6 Regarding assessments, if the existing 31 Landscape Assessment Districts in the City have i~ potential rate increases, that will have to go to a vote of the property owners in the districts is where the rates need increasing. i9 Property Related Fees and Charges, the key words are "property related." Although this is zo defined as fees or charges, "...imposed by an agency upon a parcel or upon a person as an 2i incident of property ownership," it needs to be defined more clearly by the State. At this z2 time it is felt by the Finance Officers group that water, sewer and refuse fees are property zs related. ~'here are still quite a number of questions that will be resolved in the future about za the impact of this State Constitutional amendment. zs 26 1tES0. 96-340 NCS APPEAI. -~A~R S~'~E'I' BAR ANI9 G~L~. 2~ Resolution 96-340 NCS denying the appeai and upholding the Planning Commission approval 2~ of Baker Street Bar and Grill. The facility is planned to be located at 205 Kentucky Street, 29 the site where the Elks Club was until the first of this month. 'The Planrung Commission 3o approval of the facility was appealed by Michael Healy, I.awrence Longenbaugh, Michael si Sparks and Victor Thuesen. Staff reviewed the application noting that the "public 32 converuence and necessity a.s it relates to undue concentration of alcoholic beverage outlets" s3 is the onYy subject of the appeal. It is the Planrung Commission's responsibility to make the 34 undue concentration deternunations. Staff and the Planrung Commission recommended 3s approval of the application of Tom Baker. The Planning Commission found that there is a 36 need in the downtown area to have a facility where receptions and meetings can be held. 3~ Staff paraphrased the appellant's position by saying the Planrung Commission rrusapplied 3a guidelines and did not listen to the Police Chief, whom they say opposed the apptication. The 39 Police Chief addressed this later in the public hearing. The public hearing was opened. ao Victor Thuesen, 14 Martha Street - wants to continue the hearing. The question that needs ai an answer is parking. az Tom Baker, the applicant, was asked if he would accept a continuance. He asked that the a3 Council consider the issue ttus everung so that tus employees and he could proceed. aa The Council took no action. Page 166, Vol. 30 December 16, 1996 i Mike Healy, 304 Kentucky Street - There could be 300 to 900 persons in that facility at a 2 function. Parking is a real issue of convenience and necessity. This will need 200 spaces. 3 Thinks it is unreal that patrons would use the Keller Street Garage. The Planning a Commission did not get the information on parking that it will affect welfare of the area. s The strongest argument for this is it has been a bar. Almost all old buildings in town have 6 had a bar in them. At the Planning Commission, the Police Department recommended ~ against the use. But the Police Chief has changed is recommendation on this. a One day you all are going to have a Police Chief say "no" and the Planning Commission 9 won't listen then either. This is a use permit that runs with the land, Tom Baker may sell to ~o someone else. How do you know who that will be? What Mr•. Baker says he wants to do i~ isn't very threatening. The Planning Commission, however, acted on something that is i2 threatening. A Kickers could come in. He doesn't think the parties are far apart. Alcoholic ~3 Beverage Control won't allow a license within 100 feet of residential,structures. There may ~a be no license. ~s Lawrence Longenbaugh, 225 Kentucky Street - thank you Car~l and Lori for all you have ~6 done for the City. He voted for the Council Compensation Charter amendment. Tom Baker i~ said he would be answerable for what happens. He is glad he paid the appeal fee so he could ~s get Tom Baker to telephone him. The Elks Club was quiet. To :have open ended language is ~9 another story altogether. It is about intensification. Who will follow Mr. Baker in this zo business? He would have no problem with just wine and beer. Zi Michael Sparks, 37 Eastside Circle - this doesn't compare ~vith the Elks Club. He has z2 problems with Police data. There is no addressing of the changed use and impacts. Patrons 23 in the age group of 35 to 60 with quiet music and a bar would be fine there. Regarding aa Responsible Beverage Training, he doesn't want Baker Street ~3ar & Grill to be part of the Zs bar hopping circuit of the youth. How do you prevent that? You have no beer pitchers, no z6 happy hour, no low cost food, smaller glasses. He has made sc~ggestions and has not heard 2~ back from Mr. Baker. He supports continuance. Za Linda Buffo, Executive Director of the Downtown Association - if Mr. Baker feels a need z9 for more parking, that's an issue he can address with our association and the City. There is a 3o need for a gathering space; we need places to gather downtown. Regarding the reference of 3~ future owners of the business, why are we talking about them. We are dealing with "now." 3z If a business is not conducting itself within the Conditional Use Permit guidelines, it is up to 33 this Council to deal with that issue. To deal now with future owners is ridiculous. It is 34 responsible for a bar owner to operate a business in a reputable way. Tom Baker has a fine 3s business reputation. The Petaluma Downtown Association supports this use. There is no 36 reason for a continuation. 3~ Onita Pellegrini, 2 Benjamin Lane - Executive Director of the Petaluma Area Chamber of 3s Commerce - she spoke in support of Baker Street Bar & Grill. We need a meeting place 39 downtown. Night time commerce needs to exist here, too. ao Gina Benedetti-Petnic, 511 D Street - there is a misconception regarding Police Chief ai DeWitt's position. She would like to hear from the Chief, if the Council would call on him. az This was a miscommunication on the Police issue. She works across the street from the 43 proposed use. She uses the garage, because she feels it is convenient. There needs to be a 44 discussion about the garage; access from the garage could be more convenient with more as lighting of the alley. That would be nice. '. ~i~~iS . ~ 1~:,.,~, J~k''j~ .y, .;lrl':cFY~,'~ l~ecember 16, 1996 Vol. 30, Page 167 i Few of the hotel residents have cars, because they can't afford it. So making a place in the 2 garage for. their parking wouldn't really help. She echoed the need for a meeting place 3 downtown. We don't have that now. We look a year ahead of time for a meeting place that a will hold 200 persons. s Rob Clark, Crina Benedetti's partner - the number of emergency vehicle responses at the hotel 6 since Tom ~aker bought the site has been greatly reduced due to his proper behavior as a ~ landlord. I~e translated this good business practice to "how the patrons of the Baker Street s Bar & Grill would be addressed." 9 Tom Baker, applicant - the problems are fear. The appellants are afraid people will bother ~o them. He fears regulations. He has given up off sale liquor. The block is zoned commercial. ii He doesn't expect to be open every night unti12:00 a.m. What he would do is close at 10:00 i2 or so on some nights. His goal is to fill the place all the time. That is contrary to what the i3 neighbors want to see. We have agreed that we would make any changes recommended by ia the Fire Department. We demonstrated the building is fairly sound worthy. They put 95 is decibels in there and asked the sound persons to up the street and up 10 feet it wasn't i6 discernible. Some sounds can get through. If there is undue noise outside, he will mitigate it. i~ He can't guarantee some one won't go up the hill and throw a brick through Victor's ia window. He said the Police recommendations include crowd control which they will have. i9 We will meet with the Planning Director and Chief at any time. If we are successful in our zo business, we will consider. valet parking. The seven tract areas of Petaluma contain 99 2~ establishments selling alcohol. This includes all the restaurants. We are replacing the Elks z~ Club. We have helped solve problems of parking by suggesting using the garage. We may zs need more parking. Give us a chance. Don't condemn us. For over 70 years this type of z4 business has been in the location. We would like to work out something for the tenants to as park. Maybe 3 more decks could be put onto the Mahoney parking lot. He would like to zs have hors d'oeuvres, but not so many the patrons don't want to buy dinner. We have sent to z~ the City a 511 signature petition supporting the business. Regarding the ale issue, the size of as a beer glass doesn't represent the amount a person will drink. We would encourage people 29 to take a cab home. We will provide them with that service. Parking is a sensitive issue. so Police Chief Dennis DeWitt - apologized for any inconvenience caused by the communication si mix-ups. Several weeks prior to the Planning Commission hearing, the security plan was s2 discussed. At the time of the Planning Commission meeting, barring any statistical 33 information, he felt they should be negative on the issue. The message was given to the sa Planning Department that the Police would be opposed based on what the Chief knows. 3s When the appeal was filed, the Chief did a computer run and found no reason to oppose the s6 application. He has talked to Police Officers downtown who have said the situation has s~ changed dramatically. The hearing was closed. 3s Council and staff comments: 39 Staff - The occupancy loads are 400 for dining using a11 available rooms in the facility and ao 850 ma~cimum assembly which would be standing around with a paper plate in your hand. ai Maguire - ttus is an appropriate use and not an intensification. I~e would like to see this az worked out. He is thinking about asking both sides to continue discussions to work this out, 43 and he is leaning towards approval. 44 Stompe - Read - the applicant is willing to work with the neighbors and to work with the as Downtown Associat-on regarding parlcing. 46 Shea - agrees, doesn't know why putting it off would be of benefit. Any major change in a~ compliance with the conditional use pernut goes to the Planning Director. She is ready to as take action torugh~. Page 168, Vol. 30 December 16, 1996 ~ Hamilton - it is appropriate to talk about impacts on residents and parking. She definitely a wants to stay away from having a sea of parking for every use that we approve. People have 3 to get used to walking. We need to commit to two more parlcing structures downtown to a make the businesses viable. We should vote tonight. Tom Baker, the neighbors, and staff s should meet once a month to work on any problems. 6 It was moved by Matt Maguire and seconded by Carole Barlas to continue the item. ~ FAILED: Ayes: Maguire 8 Noes: Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss None 9 Absent: None ~ io ~'he Planning Director said she would recommend that if th~ Council found in that any ~ i relevant issue was raised that pertains specifically to the Guidelines adopted in Resolution ~2 96-56 NCS to be utilized in making determinations of Public Convenience or NecessYty i3 pursuant to the requirements of Business and Professions Code §23958.4 that you stipulate ~a to that in your findings. If you feel that the City staff should work with Mr. Baker on is maximizing the use of the garage and find that under Guideline $(8. The effect that the ~6 proposed use may have on the welfare of the area residents.) that you would make a finding i~ to the effect: that it is appropriate to direct staff to work with Mr. Baker on ~achieving ~s maximization of the parking garage for his business to minimize the effect of the proposed i9 use on the welfare of the area residents. Zo In response to the question, what about also stipulating that Mr. Baker, the neighbors and 2~ staff ineet once a month for several months to continue working out issues related to Za alcoholic beverage? The Planning Director said that she bel.ieves the Council could so z3 stipulate in the same finding under Guideline 7(7. The compatibility or suitability of the Za proposed use with the uses and/or character of the surrounding area.) as well with regard to Zs the suitability of the proposed use with the uses and or character of the surrounding area. 26 It was moved by Nancy Read and seconded by Matt Maguire, we adopt the resolution, deny z~ the appeal, sustain the determination by the Planning Commissian based upon the alternative Zs findings and supplementing those findings found in Guidelines Number 7 and Number 8 of Zs l~esolution 96-56 NCS, that the maximum utilization of the garage be undertaken by the 3o applicant, and that there be a continuation of the on-going relationship with the neighbors ~i and the adjacent property owners continue until the business has been open for six months. 32 Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 33 Noes: None 34 Absent: None ss RESO. 96-341 NCS 36 ANNUAL REPORT ~Y EMPIRE WASTE 3~ 1997 GARBAGE RATES 3s Empire Waste Management reviewed their activity in Petaluma during the year. There are 39 14,527 residential customers, up 243 from the prior year. 'The number of commereial ao customers is 1,112, up 81 from the prior year. The recycling program is working very well. ai The company is developing the commercial customer recycling now. V ~ ~4: '~ .• 4w~ ~.,V...~ _ December 16, 1996 Vol. 30, Page 169 i The Council asked if there could be more recycle containers delivered to people who really z utilize that service and need additional recycle container space in which to place recyclable 3 materials. Mr. Landa said a user could call their office and request additional recycle a containers. gt was noted that there is an annual refuse clean-up in town. The cost to use the s County dump has been increased by 6.8%. 6 Victor Chechanover said the Council should give this very serious consideration. The Waste ~ NYanagement hauling people have staff who know how to get the most out of us, the rate- . a payers. I-~e asked why the Consumer Price Index (CPI) is used as a basis for giving increases 9 to vendors. He says the cost of gas is in the CPI. There should be an expert to work on this. io Council comments - Is there is anything in the e~sting contract that encourages a hauler to ~~ cut costs and pass that onto the rate payers. (Response - No.) Also asked was, for the i2 customers who use more than one can for refuse, can the second refuse container be billed at is a higher rate than the first container to encourage consumer recycling. The five year rolling ia termination clause should to be terminated. There should be access to the documents that is relate to the company's costs so that the public can be assured exactly what the figures i6 reflect. It is not the suggestion to prepare to go out to bid, it is the intent merely to make r~ some amendments. ~a Assistant City Manager Gene Beatty noted that only during the months of January and i9 February each year is there an opportunity to change the 5-year rolling terrrunation clause. 2o One of the Council's Refuse Subcommittee members will no longer on the City Council. A zi replacement needs to be appointed. If the other party to the contract is willing, the City can 22 renegotiate specific details of the garbage contract. The Council's options are renegotiate the zs contract, direct staff to bring back a notice of ternunation at the ne~rt meeting, or if you don't za do either, that gives the hauler another year extension to the contract. zs llavid Keller - other cities do not have that five year cancellation clause. 26 There was discussion whether or not to continue the matter. Mr. Landa said that if the z~ resolution was not adopted, then when the rate is finally settled by the City, they would have za to bill all the customers retroactively. It was proposed the Council proceed with adoption of z9 the resolution before them, request staff and the Council Subcommittee to develop some 3o recommendations, and come back to the City Council for final action in February. The 3i Subcommittee can then look at the whole contract. 32 It was moved by Matt 1Vlaguire, seconded by Vice 1Vlayor Stompe, to adopt Resolution 96- 3s 241 NCS on garbage rates subject to staff checlcing with Waste IVlanagement to renegotiate 34 the contract with the Council subcommittee and report back to the Council by the second 3s meeting in February. The Subcommittee will look at repealing the 5-year notice, 36 restructuring the price of the refuse cans so the second `same size' refuse can monthly pick- s~ up rate will be higher than the first refuse can of the `same size,' to agree on access to the ss records of Waste Management relating to calculation of the City's garbage rates, and to look 39 at the index which is to be used to deal with the price increases. ao Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss ai I~toes: None a2 Absent: None 43 This refuse rate increase is, equal to 4.15% and is calculated in accordance with the franchise 44 contract with Empire Waste Management. Sample monthly residential service rates will be as as folloviws: 46 32 gallori can $12.70, ~ a~ 35 gallon for automatic pick up $8.05, as 60 gallon for automatic pick up $12.20, 49 90 gallon for automatic pick up $21.45 Page 170, Vol. 30 December 16, 1996 ~ RESO. 96-342 NCS 2 DBE 3 Resolution 96-342 NCS adopting the Disadvantaged Business Enterprise Program (women a and minority firms) "DBE" goal of 10%, which is the same as the DBE Program for 1996. s The State has amended its regulations to eliminate some questions that it caused. Introduced 6 by Nancy Read, seconded by Matt Maguire. 7 Ayes: Maguire, Hamilton, Barlas, Read, Shea, Mayor Hilligoss 8 Noes: None 9 Absent: Vice Mayor Stompe ~o PROCLAMATIONS >> Mayor Hilligoss presented proclamations and the City Tile to Councilmembers Lori Shea ~2 and Carole Barlas, who were attending their last meeting. ~3 NEXT COUNCIL MEETING ia City Manager John Scharer noted the newly elected School Board and Council members will ~s be sworn in on January 6 at 7:00 p.m. He asked if the Council wished to have a light ~ 6 meeting that evening. There was no support for that, i~ L,IAISON REPOR'I' is Vice Mayor Stompe said the Sonoma County Transportation Aixthority has asked all cities to i9 submit the Traffic Level E and Traffic Level F highway situations to them at the earTiest zo opportunity. Zi AI)JOiJR1~1 22 At 11:15 pm., the meeting was adjourned 23 24 25 26 27 zs ATTEST: 29 . . 3 ~ ~ ~ ~~ir~1i~~ 3z Patricia E. Bernard, City Clerk