HomeMy WebLinkAboutMinutes 12/02/1996December 2, 1996
Vol. 30, Page 149
, ~
i I'1~INiJ~'ES ~
z OF t~ Ii~GiJI.AR N~ETIlVG
s PETAL~TIVIA CI~' COiJiVCIi, h~li
a 1V10NDAY, DEC~NN%~El~ 2, 1996 V
s ~OI,I. CAI.L 7:00 q.m.
6 Present: Maguire, Hamilton, Bazlas, Read, Vice Mayor Stompe, Mayor Hilligoss
~ Absent: Shea
g PI,EI9GE O~' ALLEG~NCE
9 John FitzGerald led the Pledge of Allegiance to the flag.
io IVIOIVIEN'I' OF S~.IENCE
i i PiJ~I.IC COI~IVIEIVT'
i~ Vince Landof, 12 Cordelia Drive -"tagging," graffiti, and carving sidewalks are going on
~s around town and under the new Payran Bridge. The people wait until you leave and then
ia they go on with their night time activities. He has not experienced quick response from his
~s telephone calls to the police department. Perhaps if you put a hold on any city projects for
i6 the youth for the reason some youth are being destructive, the action of their peers may stop
i~ these acts of vandalism. He suggested you round up as many of the youth as you can and sit
is them down at the dais on live television and have them express their wishes and concerns.
i9 The youth can be tougher on themselves than we are. Things may change if parents have to
2o take responsibility for their children's actions. When the Payran Bridge is completed, it will
Zi be covered with graffiti. Maybe you should have the police cover this area more.
22 Vasco Brazil, 4551 Lakeville Highway -he read an article from the Bav Delta News Clearin~
z3 House about a"$995 Million State bond measure for Bay/Delta water supply and restoration
za programs got a boost in September when a bill providing for $430 Million in needed Federal
2s matching funds passed both houses of Congress and became part of the Continuing Budget
26 Resolution signed by President Clinton." Prop 204 on the State Ballot passed and this is for,
2~ among other things, enhancing estuary ecosystems including..." All this relates to his
2g comments at the previous meeting opposing use of grant money on the Gray property
29 (County Open Space Matching Grant Program - page 147).
3o Bryant Moyruhan - talked about the Central Petaluma Specific Plan and urged that more
3i communications go out to the property owners who do not all know what the City is
s2 intending to accomplish in the study. The property owners should be solicited.
33 ~.I~ ~~~N~~. ~~~~~N~'S
34 Mary Stompe noted the Rocky Memorial Dog Park at the end of Casa Grande Road will be
3s opened in about two weeks. The Council and staff need to have a discussion about graffiti.
36 Matt Maguire - Assemblywoman Kerry Mazzoni's office has been contacted and they have
3~ assured the City that the Secretary of State's office is working on the voter fraud
3a investigation. He has received complaints about dogs running loose in Shollenberger Park.
39 He asked the public to keep their animals under control until the Rocky Memorial Dog Parlc
ao is open. He mentioned that the firefighters are helping with the playground equipment for the
ai COTS center.
Page 150, Vol. 30 December 2, 1996
i Mayor Hilligoss - has talked to the Assemblywoman Mazzoni office about the voter fraud
2 investigation.
3 CLOSED SESSION
a Conference with legal counsel - anticipated litigation - Significant exposure to litigation
s pursuant to subdivision (b) of Government Code Section 54956.9 - one case; Conference
6 with legal counsel - initiation of litigation pursuant to subdivision (c) of Government Code
~ Section 54956.9 - one potential case. - until 8:00 p.m. The Mayor said there was nothing to
s report out of the Closed Session.
9 MINi.TTES
~o The minutes for fhe November 18 meeting were approved as am.ended:
i~ Pg. 141, Line 18, correct the spelling of "went."
~a PCA REQU~ST - COMPUTER N~TWOItK
~3 PE'TITIONS AND COMIVIUNICATIONS
~a Mr. Brian Wilson of the Petaluma Comrnunity Access cable television station (Channel 61)
~s noted they have begun construction of the new television facility at Casa Grande High
ib School. They anticipate occupancy sometime in January, 1997. Petaluma Net is a
» complementary system to the Petaluma Community Access (PCA). The City should be
~s brought into the system under one umbrella. One thing that isn't being talked about is an
i9 intra-city net, and that is the focus of the PCA. Council comments - this is an excellent
Zo suggestion; perhaps the Mayor can appoint an ad hoc committee to work on this. But this
Zi hasn't been worked out enough to tie all the parts together. One of those parts is inclusion of
Za the item in the budgetary process. Staff was directed by the Council to work with Mr.
z3 Wilson to make it a reality.
Za CONSENT CALENDAR
as The following items which are noncontroversial and which have been reviewed by the City
26 Council and staff were enacted by one motion which was introduced by Vice Mayor Stompe
2~ and seconded by Carole Barlas.
28 Ayes: Maguire, Hamilton, Barlas, Read, Vice Mayor Stompe, Mayor Hilligoss
29 Noes: None
3o Absent: Shea
si RESO. 96-325 NCS
32 CLAIMS AND BIY:LS
33 Resolution 96-325 NCS approving Claims and Bills #60282 to #60622.
34 RESO. 96-326 NCS
3s itE.~C'I' BIDS - FIRE SEDAN
36 Resolution 96-326 NCS rejecting bids for a new full-size, 4-door passenger automobile for
3~ the Fire Department (Fire Chie~. Bids were solicited from twenty vendors; eight were
3s received from six vendors. Of those bids received, seven contained exceptions and the
39 eighth bid was over budget. Staff requested authority to solicit new bids, using different
ao specifications. The amount budgeted is and will remain at $22,000.
;:^~~.'~,_' :~-;~:=,~';:•v~';~.~;` ~'~'i~;~.:.
_ _ ~_ : ..
December 2, 1996 Vol. 30, Page 151
1 1ZE50. 96-327 NCS
z DES~'ItOY O~SOLETE I)OCIJIVIENTS
s Resolution 96-327 NCS authorizing destruction of obsolete City Clerk Department
a documents held beyond statutory retention time.
s 1t~S0. 96-328 NCS
6 PiTRC~ASE I.APTOP COMPU~E1tS - POI~ICE
~ Resolution 96-328 NCS authorizing purchase of 16 Toshiba Satellite 110CS laptop
s computers from En Pointe Technologies for $30,168.80 for the Police Department. Funding
9 for these computers is a combination of a"COPS MORE" grant and local matching funds.
io
ii
~SO. 96-329 NC5
CANVASS OF NOVEIVI~Eflt 5 ELECTION
i2 DECLARING CANVASS OF RETURNS AND RESULTS
i3 OF THE REGULAR MUNICIPAL AND PETALUMA HIGH SCHOOL BOARI~
ia AND CHARTER AMENDMENT ELECTIONS
is HELD NOVEMBER 5, 1996, WITH THE
i6 STATEWIDE GENERAL ELECTION
i~ WHEREAS, the City of Petaluma conducted a Regular Election on November 6, 1996, in
is conjunction with the Statewide General Election; and,
i9 WHEREAS. the City of Petaluma also conducted a Special Election Consolidated with the
zo Regular Election which includes three Charter measures which read as follows:
zi
Measure 7 - Compensation
Shall the voters of the City of Petaluma amend Charter YES
"Section 19 - Salaries" to read "The Council may act, by
ordinance, to provide compensation to each of its members NO
in an amount authorized by state law. The Council may
act, by ordinance, to provide compensation to the Mayor in
an amount up to 150 percent of the compensation set for
Council members." ?[which currently would allow up to
$400 a month for Council members
Measure K- City Manager Term
Shall the voters of the City of Petaluma amend Charter YES
"Section 23 - The City Manage'r" to delete the sentence,
"He shall be appointed for an indefinite period."? NO
Measure L- Removal of Ci , Manager from Office
Shall the voters of the City of Petaluma amend a portion of YES
Charter "Section 23 - The City Manager" to delete "He
cannot be removed from office except by a vote of five NO
members of the council." and replace that with "He cannot
be removed from office except by a vote of four members
of the council."?
~
Page 152, Vol. 30
December 2, 1996
i WHEREAS, the Municipal Election was held in the City of Petaluma on November 5, 1996;
z and,
3 WHEREAS, the votes from, said election were received and canvassed by the Sonoma
a County and Marin County Elections Departments, and the returns thereof were ascertained
s and declared in all respects as required by law:
6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as
~ follows:
s (1)The City Clerk is hereby instructed to enter this Resolution on the minutes of this
9 meeting as a statement of the result of said election;
~o (2)The total number of ballots cast on the Measures, Charter amendments, School Board,
i i Mayar and City Council elections held on November 5, 1996, were as follows:
~2
13
14
~s
16
17
is
19
Zo
21
zz
23
Za
zs
26
2~
Zs
29
30
31
32
33
34
35
36
37
38
39
40
41
42
MEASURES Votes For Votes A~ainst
Council Com~ensation
Measure Jfailed 8,603 10,137
Absentee Votes only 1,888 2,536
City Manager Term
Measure K passed
Absentee Votes only
14,054 4,781
3,257 1,167
Removal of City Manager from Office
Measure L passed 12,171 5,571
Absentee Votes only 2,888 1,346
Total number of Ballots 21,201
Registered Voters 28,799
Voter Turn-out 73.6%
Petaluma Hi~h School Board 4-vear seat (elect 2)
Note - There were 3 candidates for High School Board; the winners are listed first.
Total Vote Absentee
Camille Sauve, incumbent
Sonoma Vote , 13,688 3,188
Marin County Vote ' 70 27
Elizabeth Marquardt, incumbent
Sonoma Vote 12,272 3,011
Marin County Vote 97 39
Noreen Ringlein
Sonoma Vote 10,955 2,310
1Vlarin County Vote 57 9
. ~6„''. ::.1¢'fi-~~~v_ .:e+`.~Ar[ _ ae^MtaT'p4
:~Y- ~ . . ... : `~',~"'`¢" . ~.
December 2, 1996
Vol. 30, Page 153
i Total Number of Sonoma County Registered Voters for School Board Election
z Total Number of Marin County Registered Voters for School Board Election
3
a Total Number of Sonoma County Absentee Ballots for School Board
s Total Number of Marin County Absentee Ballots for School Board
6
~ Total Number of Sonoma County Ballots for School Board Election
a Total Number of Marin County Ballots for School Board Election
9 Voter Turn-out in Sonoma County for School Board Election
io Total Voter Turn-out in Marin County for School Board Election
ii
i2 ,~,,,,,,,~,,,,.,,.,~,,,~,,,,,,,~,,,,,~,,,,,,,,,,,,,,~,,,,,,.,
,,,,,,,,,,,, „~.,w,,,,,,,,,,,,,,,,Y,,w,,y..,,,,.,, „~„
13
ia Petaluma City Council (elect 3) (listed in the order of votes cast):
~s Tota1 Vote Absentee
i6 David Keller 8,692 2,005
i~ Pamela Torliatt 7,707 1,825
is Jane Hamilton (inc.) 7,022 1,571
19
Zo Lori Shea (inc.) 6,664 1,602
2i E. Ross Parkerson 5,817 1,453
22 Richard Sharke 5,070 1,137
Zs Kay Russo 4,962 1,271
Za Terry Kosewic 3,497 839
as Wayne Vieler (withdrew) 2,498 625
26
a~ Total number of ballots for City Council 21,196
zs Total number of absentee ballots for City Council 4,848
29 Total number of registered voters 28,799
so Voter turn-out for City Council 73.6%
si * * * * * End of Consent Calendar * * * * *
37,318
250
6,018
60
27,430
199
73.5%
79.6%
sz EL,I,WOOID OPPOIt~'UNITX CENTER
33 Ellwood Opportunity Center is taking shape. There have been donations of furniture,
34 washers and dryers, computers and volunteers to train people on computer use. There will
3s be "weekly dues" for users of the Opportunity Center; the dues will amount to two hours of
36 commuruty service beginning December 1.
s~ A~OItY COI,ID-W]EAT~Eit S~E]LTElt
3s The Armory has opened and about 15 people per night have been using it. Local churches
39 and the synagogue are providing nightly meals on a volunteer basis.
40 ~~~VE~~I~ ~~USIN~i
ai This group had spread itself quite thin and has ceased to exist. This has had no real affect in
a2 Petaluma.
Page 154, Vol. 30 December 2, 1996~
~ I,AFFER'I'Y ~tANCH
2 Staff advised there will be a new gate installed at the entrance to the raneh. The automobile
3 count on Sonoma Mountain Road is completed and it will take about two weeks to de~elop a
a report on the results. The civil engineer is continuing to pursue the property research. The
s City Attorney's office has looked at the CEQA question and no conclusion has been
6 reached. The City has received more correspondence from the attorneys representing Dr.
~ Bettman and the Sonoma Mountain Conservancy. There has been only one response from a
s citizen regarding historical use of Lafferty Ranch. People were encouraged, once again, to ~
9 obtain the forms from the City Manager's office for cornpletion. It would be helpful for the
io City to know the historical access of the property.
i~ Bruce Hagen - let's get the parties involved all in one place, such as Lafferty Ranch, and talk
~a to them person to person, rather than communicate through attorneys, which is less than
t3 successful. The committee should go ahead and access the ranclh.
ia Yigal Toister, 1203 Ponderosa Drive - you should allow access immediately.
is Hank Zucker, 15 Lone Oak Court - no lawyer threats, let there be access.
ib Steve Butler - attorney for Dr. Bettman - doesn't mean to create such distress. Called
i~ himself `the bellicose one.' He appreciates the sentiments of the Council and the willingness
~ s to hear the points of his most recent letter. In answer to a~n inquiry about telephoning
19 someone to say that a key has been issued for someone to visit Lafferty. Mr. Butler said
Zo there is a telephone network among the ranches; they communicate with each other
zi somewhat like the residents City's Neighborhood Watch program. It was noted that there
22 will be committee visits to the ranch over a period of time. Some expressed a willingness to
z3 extend the courtesy of a telephone call when a gate key has been issued, and others were
aa opposed to that communication. After more discussion, it was moved by Matt Maguire and
Zs seconded by Mary Stompe:
ab 1. The Committee be allowed access to Lafferty from 1 hour before sunrise to 1
2~ hour after sunset.
Zs 2. Keys will be checked out by staff.
29 3. Staff will call Mr. Butler to notify him that a key has been checked out.
30 4. A placard will be given to be placed in the vehicle which is taking the
3 i committee member up to'the ranch.
3z 5. The vehicle will be parked at the gate or just inside the gate.
33 6. The City Attorney is to receive by Wednesday Noon (December 4, 1996) a
34 written assurance that this does not establish a precedent.
35 7. This action covers the committee members and consultants, but City
36 employees with City marked vehicles need not require a telephone call notice.
3~ Access be limited to committee members, city employees or consultants.
3s Janice Cader Thompson - said she can't understand the need for a key and the telephone call.
39 Pat Cheda - described the "Farm Watch" that occurs in the agricultural community.
ao Kim Nadeau - this action allows the property owners to have unz~eal expectations.
4t Ayes: Maguire, Hamilton, Barlas, Read, Vice Mayor Stompe, Mayor Hilligoss
42 Noes: None
43 Absent: Shea
sr„W^..^.. :3`"r~ "~- ,y'"' ~ ...
December 2, 1996 Vol. 30, Page 155
i ~T~'ERIlVI CIT'4' NIAANA GER
2 The Council learned that about 50 resumes have been received by the consultant. This will
3 be reduced to about 26 applicants who will meet with the consultant for supplemental
a information. The Council will be provided with a list of semi-finalists. The Council will
s screen the semi-finalists and interview the top five. With regard to asking John Scharer to
6 continue on after his retirement as Interim City Manager, he said he would be willing to do
~ that for no more than sixty days. Regarding the participation of both the current Council and
s the two newly elected Councilmembers in the selection process, it was agreed that if
9 outgoing Councilmembers Barlas and Shea would like to continue to participate in the
io process after the first of the year, they were invited to do so. Both newly elected
ii Councilmembers Keller and Torliatt are being kept involved with the process. It was agreed
i~ the new Council would make the final decision. The feeling of the Council was the outgoing
is Councilmembers have experience and knowledge which would be of assistance in the
ia process. John Scharer will be under contract with the City as Interim City Manager for no
is more than 60 days.
i6 O1tD. 2041 NCS
i~ ~'UX~ORN ESTA~S ItEZONE
~s Adopt Ordinance 2041 NCS rezoning Tu~orn Estates from PUD with church use to PUD
i9 without church use. The ordinance was discussed on November 4 and introduced November
zo 18 by Nancy Read and seconded by Carole Barlas. The Vice Mayor had left the room.
2i Ayes: Maguire, Hamilton, Barlas, Read, Mayor Hilligoss
22 Noes: None
23 Absent: Vice Mayor Stompe, Shea
2a OItID. 2042 NCS
zs C1tOSS CRE~I~ I)EVELOPI~IENT AG~ElVIE1VT
z6 Adopt Ordinance 2042 NCS approving a development agreement for Cross Creek
~~ Subdivision which is located at the corner of Casa Grande Road and Ely Blvd. South.
zs Don Weisenfluh, 1092 Wren Drive - this is a free hand for developers to ignore the General
z9 Plan. Staff advised the SPARC Committee is not limited by this action. This follows through
3o with what we have already agreed to do. Questioned the lack of SPARC review before this
3i is adopted, questioned the severability paragraph in the ordinance.
s2 Rich Miram, 1212 Wren Lane - this will exclude the public in the annual review. Staff noted
33 the public can telephone the Planning Department at any time they see something that they
3a feel is not right.
3s Matt Hudson, attorney representing the developer - the development agreement is a
36 document which is authorized by state law. SPARC reviews the "vested elements" which are
3~ listed on page 2, paragraph E of the document. He also explained the severability paragraph
sa which is included in all ordinances.
Page 156, VoL 30 December 2, 1996 ~
i Doyle Heaton, developer, asked the Council to please adopt the ordinance.
2 Ayes: Maguire, Barlas, Read, Vice Mayor Stompe, Mayor Hilli~oss
3 Noes: None
4 Absent: Shea Abstain: Hamilton
s RESO. 96-330 NCS
6 CENTRAL PETALUMA SPECIFIC P~,AN
~ Resolution 96-330 NCS revising the composition of the Cer~tral Petaluma Specific Plan
s Advisory Committee by adding one busiriess representative, Richard Mogel of Pomeroy
9 Corporation. Introduced by Jane Hamilton, seconded by Carole Barlas.
lo Ayes: Maguire, Hamilton, Barlas, Read, Vice Mayor Stompe,lV[ayor Hilligoss
1 t Noes: None
12 Absent: Shea
i3 ORDER TO SHOW CAUSE
~a 822 PETAUMA BLVD. NORTH
~ s The matter was continued to January 6, 1997.
~6 RESO. 96-331 NCS
i~ WILLOW BROOK BRIDGE
~a Resolution 96-331 NCS approving plans and specifications and awarding contract to North
~9 Bay Construction, 431 Payran Street for $1,923,730.04. The EIR which was completed for
Zo Redwood Business Park included environmental consideration of this bridge. Introduced by
zi Vice Mayor Stompe, seconded by Matt Maguire.
22 Ayes: Maguire, Hamilton, Barlas, Read, Vice Mayor Stompe, Mayor Hilligoss
23 Noes: None
2a Absent: Shea
zs RESO. 96-332 NCS
zb EOS CONTRACT
2~ Resolution 96-332 NCS extending agreement with Wheelabrator Envirotech Operating
zs Services to continue operating the City's wastewater treatment plant from February, 1997,
29 for a year to year renewal basis. The agreement would retain the City's the right to cancel
3o the agreement at the end of any one year period with 90 days notice. Regarding purchasing,
3~ the contract was amended to include a sentence which .states, "This is only good for the
s2 purchase of equipment from a non-affiliate .of EOS in the broad term, or if affiliated at no
33 extra cost." The improvements will be done only at the request of the City. Introduced by
34 Matt Maguire, seconded by Jane Hamilton.
35 Ayes: Maguire, Hamilton, Barlas, Read, Vice Mayor Stompe, Mayor Hilligoss
36 Noes: None
37 Absent: Shea
Decembcr 2, 1996 Vol. 30, Page 157
i Yt~IVI CONT'12AC'T
a IZesolution authorizing amendment to the Redwood Agricultural N~anagement (RAM)
3 contract for a period of three years with an option to e~rtend the contract for a total of five
a years. It was late in the everung and the discussion was not completed. Victor Chechanover,
s 2301 Marylyn Circle - the Budget Committee said the placing of this contract should be done
s in March of 1996. This information made available to the public does not indicate that any
7 negotiation took place. How many property owners are willing to use this water? Why
s wasn't tlus sent out for bid? What's the rush? ~-Iow many acres want treated water? How
9 many acres use RAM? Who else received a request for proposals? The proposal says they
io will save money, but what are the savings?
ii Rene Cardineaux, wastewater user for irrigation - If you are just going to go to low bidder,
iz he would not be interested in taking the water. Yt is very important to the ranchers to say
i3 how that water is applied, and who applies it. We are most interested in where this is going,
~a how long it is taking and we want to have these answers before we enter into a long ternn
is contract. Cpiven the opporturuty, some of the ranchers would prefer applying the water
i6 themselves. This would be a different contractual relationship.
i~ At ll:00 p.m., the Council agreed to continue this item to the next meeting.
1~ 0~9. 2043 NCS
i9 ' ZON~tG ~'EXB' .~1VIEIVIDIVIEN'I'S
ao Introduce Ordinance 2043 NCS changing the definition of "Family Day Care I~ome" so that
z~ it coincides with the wording of State Law; deletes the 300 foot separation requirement for
Za large family day care faciIities; and allows administrative consideration of projects not exempt
23 from the requirements of the California Environmental Quality Act. 'There continues to be a
aa need for day care services in the community. T'his was brought up by Council request in July
~s of 1996. Introduced by Jane I~amilton, seconded by Matt l~lagu~re.
26 Ayes: Maguire, Hamilton, Barlas, Read, Vice lviayor Stompe, Mayor Hilligoss
a~ Noes: None
2~ Absent: Shea
29 ADJOIJ~T
~o At 11;02 p.m. the meeting was adjourned
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36 ATTES'I':
37
38
39 / ~~/~ -
ao Patricia E. ~ernard, City Clerk