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HomeMy WebLinkAboutMinutes 07/17/1995July 17,1995 Vol. 29, Page 141 1 I 1VgINUT~S z OF A REGULAR MEE~'ING 3 PE'~ALUNIA CI'~' COUNCII. a MONDA~', JULY 17, 1995 s ' ~tOI.L CALL 3:00 ~.m. 6 Present: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss ~ Absent: None 8 ~ PUBLIC COMMENT 9 Jack Balshaw, 1680 Kearny Court - suggested that in considering the item on the agenda io regarding `i~ndue concentration of alcoholic beverage outlets" that the criteria should be kept i i as open as possible so in case someone wished to open a wine tasting outlet in the downtown iz area. 13 MINUTES ia The June 30 minutes were approved as submitted. ~s 1'RESENTATIONS i6 City Manager John Scharer presented to Police Officer John Turner a 25-years of employment i~ pin. He came t'o work at the City of Petaluma on July 15, 25 years ago. i s PROCLAMATIONS i9 Mayor Hilligoss presented a proclamation for the Hispanic Community to Dick Sharke who zo works closely with the Hispamc people and who will present the proclamation to them. 21 ItESO. 95-163 NCS 22 REORGANIZ~ COUNCII. 23 ' EI,ECT LORI SHEA - VICE MA~'OR aa Resolution 95-163 NCS electing Lori Shea Vice Mayor for six months. Introduced by Matt 2s Maguire and seconded by Nancy Read. 2~ ~Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 2~ Noes: None 2a Absent: None Page 142, Vol. 29 .Tuly 17, 1995 RESO. 95-164 NCS LIAISON ASSIGN] Resolution 95-164~NCS making the 1995-96 City Council liaison assignments. Airport Commission - Mary Stompe Library Board - Nancy Read Petaluma Visitors Program - Matt Maguire Planning Comr I ission - Carole Barlas Recreation Co I mission - Hamilton Traffic Commission - Matt Maguire ~ .' ~ ~'v ~ F.. Nancy Read ~- ~,o=~..irv.~:~. ~...d~ CONSENT CALENI)AR The following ite I s which are noncontroversial and which have been reviewed by the City Council and staff were enacted by one motion which was introduced by Nancy Read and seconded by Matt Maguire. Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss Noes: None I Absent: None ~ RESO. 95-165 NCS CLAIMS AND BII.L5 Resolution 95-1651NCS approving Claims and Bills #45718 to #46346. RESO. 95-166 NCS ! 1993 WA~ER MAIN REPLACEMEN~ ~ Resolution 95-166`NCS accepting completion of the 1993 Water Main Replacement Project (#9793). The pro~ect involved replacing water mains on Kent Street, Galland Street, and Central Avenue. On July 18, 1994, staff was authorized by Resolution 94-191 NCS to call the bonds on the project. The amount budgeted for construrtion was $189;800; final cost was $156,946.83. American Bonding Company, the surety, did complete the job. RESO. 95-167 NCS , - UNIT 1 CONFIDEr Resolution approving salary and supplemental wage benefits for employees in Unit 1 (Confidential). July 17, 1995 Vol. 29, Page 143 i RESO. 95-168 NCS a COMPENSATION PLAN - iJNIT 4 PROFESSIONAL 3 Resolution approving salary and supplemental wage benefits for employees in Unit 4 a (Professional). s i I~SO. 95-169 NCS 6 ; CONYPENSATION PLAN - iTNIT 81V~ANAGEMEN'~ ~ Resolution approving salary and supplemental wage benefits for employees in Unit 8 s (Management): 9 RESO. 95-170 NCS io i COMPENSATION PLAN - UNIT 9 MII)-IVIANAGEMENT i i Resolution approving salary and supplemental wage benefits for employees in Unit 9(Mid- iz Management). ~ i3 ~ * * * * * End of Consent Calendar * * * * * 14 OItD. 1983 NCS ~s ' I,EASE - STATE LANDS i~ Adopt Ordinance 1983 NCS approving amendment to lease with State Lands Commission i~ regarding the Petaluma Marina. Introduced by Lori Shea and seconded by Jane Hamilton on is June 19, with Mayor Hilligoss absent. The vote to adopt was: i9 Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice.Mayor Read 2o Noes: None 2 i Absent: None Abstain: Mayor Hilligoss 22 TEEN PROGRAMS 2s Recreation Director Jim Carr noted that Kenilworth Teen Center is now open part-time from za Thursday through Sunday. On Wednesday of this week, he will be meeting with the Fair zs Board to discuss the skateboard park. z~ FEASI~I~,ITY STUDY 2~ LAKEVILLE HIGHWAY IMPROV~IVIENTS zs Staff and Engineer of Record Dennis Klinghofer of Berryman and Henigar (formerly BSI, 29 Inc.) reviewed jthe Feasibility Study which identifies the funding proposed sources. At this 3o time it appears~that CALTRANS will include $1.2 Million of maintenance funds towards the 3i cost of the Lakeville Highway widening. Other sources of funds include the Petaluma 32 Community Development Commission, the Water Fund, Developer contributions, State/Local 33 Partnership Funds, Traffic Mitigation Funds and Community Facilities Fund. The estimated 34 remainder that needs to be raised by assessments is $5,547,317 which includes financing costs. 3s Mr. Klinghofer~ noted there are three types of benefits: frontage improvements - direct access s6 to Lakeville, benefits accruing from improved access, and improved traffic safety. i Page 144, Vol. 29 ~ July 17, 1995 i ~ LAKEVILI,E HIGHWAY cont'd. Tom Gaffey, repre'senting 1010 Lakeville Associates spoke in opposition to the amount of the proposed assessment. The percentage of traffic allocated to the property owners is not evenhanded. He referred to the number of commuters who use the highway; these persons are not participating. in the cost. The property owners are not flush any more than the State or the City is. How are undeveloped properties going to raise the money for the assessments? He feels that right now, there is a very good possibility of a majority pro"test on the assessment district. He asked if we have a majority protest, what does that mean? Bond Counsel Bob Brunsell of Sturgis, Ness, Brunsell 8c Assaf said that the affect of a majority protest is Ithat the assessment procedure will be abandoned for one year or the City Council may proceed with a vote that has at least six Councilmembers supporting the assessment and finding that public }iealth and safety require the improvement, thereby overruling the prot~est. There are no decisions that are written in stone until the City Council addresses the Engineer's Report at the final hearirig. The Brown Act requires two public hearings. Protests imay come any time after the Engineer's F~eport is filed with the City Clerk. Pat Peck, 640 Sunnyslope Avenue - a lot of the ~ property owners support the highway improvements, but they feel the burden of cost that will be placed on them is quite far out of line. We suggest that you find further sources for funding. She has talked to a lobbyist and has asked if he would help. He said he would be willing to try to get additional financial support from Sacramento. Russ Kennedy, Sola Optical, 1500 Cader Lane - the properky owners are looking for a better way to spread the financing cost for the highway improvements. You have a very small number of property owners paying for highway improvemer~ts which will benefit a great many more than those targeted to pay the assessments. Have you considered broadening the assessment district? There are thousands who use Lakeville Highway who would benefit from this project. David Budde, sonjof Edna Cader Budde - more property should enter into the assessment district area. There is very heavy daily use of Lakeville Highway by commuters. The State of California has done nothing Sonoma County. But they seem to have the money to build and fix highways in the~ East Bay and in Los Angeles. The likelihood of a property owner getting a good return on h~s vacant land is at least a decade away. These assessments are unfair on the commercial areas. Commercial property owners do nat offer an inexhaustible resource. We support the improvements, but we have no recourse but to protest it. Regarding retaining a lobbyist, City Manager Scharer noteci we have a representative on the County Transportation Authority, and the availability of s~ucfi funds for Sonoma County is questionable. To think a lobbyist will get money from the State is not a good prospect. The City Manager suggested the Council proceed with adoption of the resolution. Staff will continue to try to improve (i.e. reduce) the property owners' share of the highway improvement costs. Michael Evert from the Engineering Department noted this is not a "Cadillac" design. There has been some value engineering design work that has been done with CALTRANS.~ July 17, 1995 Vol. 29, Page 145 ~ LA~EVILLE HIGHWAY cont'd. 2 The Council agreed that Sonoma County is not getting its fair share of CALTRANS money. 3 It was noted tHat most of the vacant property is being held as an investment and the highway a improvements would certainly benefit those undeveloped properties. See resolution below. 5 1~S0. 95-171 NCS 6 I.AKEVII~LE ASSESSMENT PROCEEDINGS ~ Resolution 95'-171 NCS accepting the feasibility study for the Lakeville Highway s Improvements and Initiating Assessment proceedings. Introduced by Matt Maguire, seconded 9 by Lori Shea. io Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss ~ i Noes: None i2 Absent: None 13 12ES0. 95-172 NCS ia NAME I.ITTLE L~AGUE FIEI.D A~' 1VIC I)OWELI, PA12K is i RICHARI) E. 1VIURPFIY FIELD ~6 Resolution 95-172 NCS naming the Little League softball field at McDowell Park the Richard i~ F, Murphy Fie;ld as recommended by the Recreation, Music and Parks Commission. Mr. is Murphy was a~ supporter of the Valley Little League for over twenty four years. He passed i9 away last Januaty. Introduced by Jane Hamilton, seconded by Carole Barlas. 2o Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 2i Noes: None 22 Absent: None 23 T~2EE ADVISORY COMIVIITT'EE REPORT 2a The Tree Advisory Committee members, Don Waaunan, Steve Arago, Kate Bolton, Bill 2s Brady, Noelle Pellowski and Clark Thompson, reported they have done an assessment of trees z~ in City Parks, ~increased public and City employee awareness of care and upkeep of trees, 2~ developed tree planting projects in conjunction with non-profit and private groups, have zs developed tree~ protection guidelines and they are developing tree root protection guidelines z9 and are looking for additional ways to achieve improvements to the management of so Petaluma's tree resources. Chairman of the Committee Don Waxman addressed the Council si at length. Bill ~Brady of the Tree Committee was also in attendance wishing to speak, but it 32 was past 5:00 p.m. and there still remained many items on the afternoon agenda. 33 RESC~. 95-173 NCS 3a OXIDATION POND IDIKE ItEPAIR ss Resolution 95=,173 NCS approving the plans and specifications, awarding the contract and 3~ approving the ~project budget for the sewer o~udation pond dike repair. The contract is 3~ awarded to Go;ebel Paving of Petaluma for $215,256.90. The project budget of $311,256.90 3a (Sewer Funds) includes construction, design, administration, inspection and contingency. Yc.~'t 'ac. .. . ._ . Page 146, Vol. 29 July 17, 1995 Due to the fact the dike deterioration is a result of the winter storms, the City will attempt to seek reimbursemerit of the costs from;the State Office of Emergency Services and the Federal Emergency Management A'gency. Introduced by Nancy Read, seconded by Mary Stompe. Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss Noes: None i Absent: None ~tESO. 95-174 NCS APPOINT ~AD & STOMPE TO COMMITTEE Resolution 95-174~ NCS approving the Corona Reach Specific Plan work plan, creating a specific plan committee and appointing Council representation to said committee: The boundary of this S~pecific Plan will encompass 361 acres between Petaluma Blvd. North and the southwesterly 'side of U. S. Highway 101, with the most northwesterly edge at Corona Road and the southeasterly edge on a line at Shasta Drive across the railroad tracks and along the edge of existing housing on Jess Avenue to Lynch Creek. On the northeasterly side of U. S. Highway 101 tfie unimproved land between the highway, North McDowell Blvd., Lynch Creek Road and Transport Way. Those properties on the northeasterly side of U. S. Highway 101 are the lands over which the proposed Rainier Avenue :E~ctension and Interchange are to be constructed. The basis for the Corona Reach Specific Plan is the Petaluma Factory Outlet eondition which states that a preliminary master plan shall be undertaken for the area including Parcels B& C and extending beyond those boundaries to include the undeveloped and underdeveloped areas south to Lynch Creek, west to Petaluma Blvd. North and nc>rth to Corona Road prior to any further development. Councilmembers Nancy Read and Mary Stompe were appointed to the Committee. Introduced by Nancy Read, seconded by Lori Shea. Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor F~ead, Mayor Hilligoss Noes: None Absent: None ~ ~tESO. 95-175 NCS E BENEFIT' D~ST Resolution 95-175 NCS setting a public hearing on September 5, 1995, to consider establishment of a Petaluma Blvd. North Water Main Servic~ Stub-out Benefit District. This covers the area on Petaluma Blvd. North between the entrance to the Petaluma Factory Outlet and Old Me~co Restaurant where water stubs were installed at the time water service was brought north on P;etaluma Blvd. for the factory outlet. Introduced by Lori Shea, seconded by Carole Barlas. ~ Ayes: Shea,lvlaguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss Noes: None i Absent: None i ~ July 17, 1995 Vol. 29, Page 147 1 RESO. 95-176 NCS 2 OUTSII)E SEWER - S'T. JO~N I~U'I'gIEItAN CHURC~ s Resolution 95 ;176 NCS approving an outside sewer connection to St. John's Lutheran a Church at 455 McNear Avenue and waiving requirements for street frontage improvements on s McNear Avenue due to the fact that Country Club Estates i7nit III is required to construct 6 those improvements. Andy Qvalheim asked the Council for their approval. Introduced by ~ Carole Barlas, seconded by Lori Shea. s Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 9 Noes: None io Absent: None I ~ 1 i RESO. 95-177 NCS i2 ~ SHOItT ItANGE TRANSIT PLAN is Resolution 95-177 NCS approving the Petaluma Transit Short Range Transit Plan. The study ia completed by Nelson/Nygaard recommends moving the transit center from 4th and C Streets ~s to Keller Street between Western and Washington Streets and to contact the parties involved i6 with the proposed maintenance and operation facility as well as contacting the Petaluma i~ School District~ to determine their plans for the e~sting facility. ~s The study also recommends the elimination of service into both shopping centers as a trade- . i9 off for 1/2 hour service on the east side of town and 15-minute service across town. West- 2o side service would remain at one-hour headways (the bus revisits the stops hourly). 2i Paul Jewel and Ann Jamison addressed the Council regarding the Transit Plan. Which 2z recommended i-elocating only the Petaluma Bus Transit Center to Keller Street (not the other z3 buses), planning ahead for a permanent maintenance facility (City eurrently uses the school za district facility); and a major amendment to the configuration of the bus routes. zs The bus route~; changes were designed to have a more predictable time schedule and to a~ eliminate the need for transfers. The route was intended to make one round trip on the west 2~ side of town then the same bus would make a round trip on the east side of town. However. zs the Council reiected the part of the nroposal which eliminated the bus stops inside the z9 sho~ping centers. There would also be service to Kaiser and to Willowbrook once each hour. 3o Saturday service would be extended to 6:00 p.m. Paratransit service would be enhanced. 3i The resolution was introduced by Matt Maguire, seconded by Carole Barlas with the 32 exception that the buses must continue to stop inside the shopping centers. The modifications 33 will be referred~ to the Planning Commission. 34 Ayes: Sliea, Maguire, Barlas, Stompe, Hamilton, Mayor Hilligoss ss Noes: Read 3~ Absent: None 3~ CLOSED 5ESSION 3s The Council recessed to closed session for a conference with labor negotiator, Government 39 Code §54957.6 - City of Petaluma city negotiating team (Messrs. Acorne, Beatty, Spilman ao and Salmons) for Unit 6 Petaluma Peace Officers Association and Unit 10 Public Safety Mid- ai Management Association .. .~~. Page 14s, Vo~. 29 .Tuly 17, 1995 t ,ti', ' ~., . Conference with ri al property negotiator, Gover.nment Code §54956.8, property - parcels along Lakeville Highway, the negotiating parties are the City of Petaluma and various property owners - under negotiation is the acquisition of easements and rights-of-way for the Lakeville Highway widening project Conference with legal counsel regarding anticipation of litigation - significant exposure to litigation pursuant to Government Code §54956.9 (b) ADJO~IRN The Council adjourned to dinner at Arams, 131 Kentucky Street REC~NVENE 7:00 p.m! Present: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss Absent: None Police Captain Pat iParks led the Pledge of Allegiance to the flag. MOMEN~' OF SY~,ENCE COUNCIL COlVIMENT Councilmember Read wants a regular update on the U. S. Army Gorps of Engineers activities as they relate to tlie Payran Flood Pro~ect. She would also like to have a discussion of SB- 877 - Regional Gas Tax on an agenda for discussion. ~ Mary Stompe~ apoliogized to the public for the delay in the fireworks show. She noted there has been a stop-payment placed on the check. She noted that Frank Williams died. ~ Matt Maguire said that tours are being set up for Lafferty and Moon Ranches. Tentative dates are Saturday ~ July 29, and Sunday, August 13. PROCLAMATIONS ; ~c~~r'nero Mayor Hilligoss read a Proclamation about the Police Dog competition and Roy ~set~era, brought the Police Dog Bert to the Council meeting. RESO. 95-178 NCS Resolution 95-178' NCS opposing the San Luis Drain Project. In the 1960's, the San Luis Authorizing Act provided authorization for the Bureau of Re~lamation to construct a drain for the Central Valley agricultural waste. In 1964, the City of Pf~taluma adopted Resolution 4093 NCS opposing such a drain. July 17, 1995 Vo1. 29, Page 149 I SAN I,UIS Y)RAIN cont'd. 2 In the 1980's, ~ when the agricultural waste was being drained into the Kesterson National 3 Wildlife Refuge, selenium compounds were found to be toxic to the wildlife, so the Kesterson 4 area was closed by the Bureau of Reclamation. Recently, a Federal Judge ordered the Bureau s of Reclamatiori to complete the San Luis Drain which has the potential of depositing these ~ wastes into the San Francisco Bay by way of the Delta. Introduced by Matt Maguire ~ seconded by Jane Hamilton. s Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss 9 Noes: None io Absent: None i i URGE CONTINUATION OF OFF-S~ORE i2 OII. & GAS LEASING MORATORI[1M is The City Coun~cil considered a request for support of a continuation of the off-shore oil and i4 gas leasing moiratorium on the California Outer Continental Shelf. It was moved by Matt is Maguire and seconded by Jane Hamilton to oppose any off-shore oil and gas leasing. i~ Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss i~ Noes: None is Absent: None 19 RESO. 95-179 NCS 2o WEED ABATEMENT 2i Resolution 95-179 NCS confirming the cost of abatement of weeds ordered abated by 22 Resolution 95 ~88 NCS. The cost of private property weed abatement, included 20% 2s Administrative ~Fee, is $21,712.00. The cost of public property weed abatement is $7,617.00. 2a The public hearing was opened. No one wished to speak.. The public hearing was closed. 2s Introduced by Jane Hamilton and seconded by Carole Barlas. z6 Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss 2~ Noes: None za Absent: None i a9 ~SO. 95-180 NCS so ~ ANNUAI. LANDSCAP~ ASSESSMENTS 3i Resolution 95-i180 NCS ordering the improvements and confirming the diagrams and annual sz assessments for landscape assessment districts for the fiscal year 1•995-96. - The Annual s3 Assessments for Landscape Assessment Districts are as follows: I I 3~ ~rtn 4,iv.o• . -±~.:t; slt tj>.. Page 150, Vol. 29 I July 17, 1995 1995-96 ANNiJAL LANDSCAPE ASSESSMENT DISTRICT ASSESSMENTS Name of District Nbr. Of L,ots Assmnt. 1-------Adobe Creek 1& 2----------------------------- 320 ----~----------- $0.00 2 -------Anna's Meadows----------------------------------- 74 ----~----------- 98.44 3 -------Cader Farms-------------------------------------- 177 --------------- 33.18 4-------Casa del Oro 3, 4, 5, & 6----------------------- 151 ----~----------- 16.94 5. ------Casa del Oro Annexation 2 Country Club Estates 1 ---------------------------32 --------------199.56 6-------Casa del Oro Annexation 3 Sycamore Heights ---------------------------------45 --------------- 34.32 7 -------Corona Ranch Apartments ----------------------- 74 -----------------0.00 8 -------Crane Glen~ ----------------------------------------- 21 --------------- 49.70 9 -------Fairway Meadows --------------------------------- 41 ~ 47.36 --------------- 10 -----Glenbrook ----------------------------------------- 83 --------------- 48.86 11. -----Graystone Creek----------------------------------- 79 --------------160.00 12 -----Hillview Oaks -------------------------------------- 30 ~ --------------- 40.00 13.-----Judith Court----------------------------------------24 --------------- 65.54 14 -----Kingsmill -~--------------------------------------- 117 --------------- 34.72 15 -----Meadow Park 1, 2, & 3------------------------- 177 --------------- 55.44 16 -----Mountain Valley--------------------------------- 180 --------------- 57.02 17 -----Park Place 4& 5----------------------------------- 82 --------------- 21.94 18 -----St. James Estates 1& 2---------------------------19 --------------- 75.00 i 19 -----Sequoia Estates------------------------------------- 9 --------------- 69.18 20 -----Shelter Hill~s Village ----------------------------- 110 --------------- 18.18 21 -----Sonoma Glen singte-family --------------------- 303 --------------- 39.90 22 -----Sonoma Glen townhouses ---------------------- 101 --------------- 26.34 23 -----Spring Meadows V--------------------------------78 --------------- 76.86 24 -----Tatum-----i--- =------------------------------------- 3 --------------- 15.00 25 -----Village Eas't III-------------------------------------71 --------------- 64.70 26 -----Village Meadows ---------------------------------- 76 --------------- 81.82 27 -----Westridge 4 -------------------------------------- 167 --------------= 49.86 July 17, 1995 Vol. 29, Page 151 ~ The public hearing was opened. There being no one wishing to speak, the hearing was closed. 2 Introduced by Nancy Read, seconded by Matt Maguire. 3 ~Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss a Noes: None s Absent: None 6 ~i iZESO. 95-181 NCS ~ OPPOSE CLOSiTRE TWO ROCK s Resolution 95-~181 NS opposing the proposed closure of the Coast Guard Training Center in 9 Two Rock. In the past several years, the Federal Government has been downsizing and io closing numerous military facilities throughout the United States. This year, the Two Rock ~~ Coast Guard T~raining Center is on the list. This is the only Coast Guard training facility on i2 the West Coast. It is estimated that $29 Million will be lost in sales volumes locally should is that facility be closed. ia Celeste Hall, 519 Liberty Street - noted the decision will be made the last part of July or the is first part of August. This is a state of the art facility for which the Coast Guard has spent $50 i6 Million to $60 Million to update in the last ten years. She said the base they would be keeping ~~ on the east coast is old and needs updating. It would seem to be such an extravagance to ~s spend money to update the east coast facility. i9 The Council added some paragraphs to the resolution. Introduced by Jane Hamilton, 2o seconded by Mary Stompe. 2i Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss 22 Noes: None 23 Absent: None Za I~50. 95-182 NCS Zs ASSESSMENT DISTIZICT ADMiN. COSTS z6 Resolution 95 ~182 NCS establishing the annual assessment for administrative costs for the 2~ assessment districts for the fiscal year 1995-96 as follows: 2g Assessment District # of Parcels 1995-96 Assessment 29 #17~-N. McDowell Improvements 31 $3,993 so #19;- Auto Mall 3 2,636 si #20~ - Redwood Business Park 2 34 4,354 32 #21 - Corona Ely 403 13,407 3s #22; - Southpoint Business Park 16 4,098 34 The assessments shall be apportioned equally among each property in each district. 35 Introduced by Matt Maguire, seconded by Carole Barlas. 3~ Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss 3~ Noes: None 3s Absent: None Page 152, Vol. 29 i July 17, 1995 ~ RESO. 95-183 NCS ANIlVIA~ CONTROI. CONTRACT ~ Staff reviewed the recommendation of the Evaluation Committee (Finance Director David Spilman, Police Captain Pat Parks, Recreation Director Jim Carr) which was to award the Animal Services Contract to the Humane Society of Sonoma County. There were three responses to the request for proposals, the Humane Society, the County Ariimal Control, and Thunder and Lighti ing's Cause (TLC). Speakers included: Bobbie Hoard Hobert - asked the Council to give the TLC one year to prove they can do the job. ~w I David King - attorney speaking f r TLC solely for this meeting. The TLC staff has a total of 17 years of experience, and althq gh it is a new organization, they have mueh experience on their staff. They will have a€rl~-time `~%eterinarian tech" all week. They will save the City money over a three year contract -$65,000. They will add a mobile/modular building to expand the shelter., Lucy Gatlin, 622 Ii Street - spoke on behalf of the Humane Society. There are lots of good volunteers (90 to 1~00). The Humane Society does not treat r.his as an 8:00 to 5:00 job. MOTION #1 - FAILED - It was moved by Mary Stompe, seconded byNancy Read to go with staf~s recommendation and award the contract to the Humane Society. Ayes: Stompe, Read, Mayor Hilligoss ~ Noes: Hamilton, Maguire, Barlas, Vice Mayor Shea Absent: None MOTION #2 - It was moved by Carole Barlas, seconded by Lori Shea, to award a three year contract with TLC; with ari evaluation review after the first year. ~ Council and staff discussion - There should be a safeguard that if within 2 to 3 months that this falls on its face, the corr-munity would be able to continue to have animal control services. What security is th~ere in such a contract? The City Manager suggested a Performance Bond is a possibility. Julie Johnson of T~LC addressed the Council at length. She noted they have a fund raising program ,designed ~ specifically for that an `adoption unit" ~and they are ready to go upon execution of the contract. Regarding an ineinerator, they have a bank in San Francisco that loans to non-profits. She added they have 17 years of experience with their animal control officers. They would be happy to talk about a performance bond. She mentioned having `back-up," and~ in answer to a Councilmember inquiry about ~~hat, she said if they didn't have any money in 4 months, they have existing bankers that are promoting the organization significantly; secondly, they have reserve accounts. Any pragrams they have in the future are all self-sufficient. Salaries are included in the budget presented to the City. Additionally, there is personal funding. She said she personally has significant funds available if there is a problem. That is their back-up. July 17, 1995 Vol. 29, Page 153 i Julie Johnson said they expect to receive their Internal Revenue Service 501 (c)(3) designation 2 by August 31. In answer to the question about them being able to walk in in 14 days and s take over operations from the Humane Society, she said we are here today saying yes. We are a more than ready. In answer to an inquiry about TLC not being able to handle enforcement s completely, she said that was incorrect. In reference to an initial start-up fee, she said she has 6 taken over huridreds of performance contracts and every single one of them she charged a ~ start-up fee, because when you take over an existing contract or facility you have to review s the e~sting do~cumentation, animals, and outstanding business, which is additional overhead 9 cost and not in~ the budget. The only capital expenditure; which is on order, is a sign for the io shelter. They may need to purchase feline containment apparatus. The personnel are all here ii tonight, Cindy, Al, Patrick, Janet and herself. They all have employment agreements executed i2 on June 23. Their employment would begin August 1. i3 There was a call for the question. ia The mo'iion was: 15 16 ~~ is 19 20 21 MOTION #2 - Resolution 95-183 NCS It was moved by Carole Barlas, seconded by Lori Sh~ea, to award a three year contract with TLC, with an evaluation review after the first~ year. Ayes: Hamilton, Maguire, Barlas, Vice Mayor Shea Noes: Stompe, Read, Mayor Hilligoss Absent: None RECE5S 9:00 to 9:10 p.m. 2z CRITE22IA ~'OIt "UNDiJE" CONCENTRA~'ION 2s OF ALCOROLYC BEVERAGE OUTLETS aa The Council was asked to discuss the draft criteria and the process by which additional criteria 2s will be established for determinations of public convetuence and necessity pursuant to 26 Business and Professions Code §23958.4 regarding `~Zndue concentration" of Alcohoiic a~ Beverage Control licensed premises. The areas used by this statute are census tracts which za cover quite large areas that may be both inside and outside of the city limits. At a prior 29 Council meeting, members of the Council expressed their desire that there be input to the City 3o Council from the Police Department on alcohol related crime and the determinations should 3i be made at public hearings. In addition to the foregoing; staff suggested that pro~cimity to 3z other similarly licensed premises, convenience provided to the general public by a new 33 licensed premises, the proximity of sensitive land uses such as residences, schools, churches, 3a parks and the ~ like, and information on city issued land uses on a proposed site. Some ss Councilmembers expressed the feeling that placing the decision with the Planning Commission 36 would allow applicants one more opportunity (with the City Council) if they were in s~ disagreement with Planning Commission action. On the other hand, some Councilmembers 3s would be interested in seeing how the process works, and if there were no problems, to then 39 designate the Planning Commission as the decision-making body. It was suggested there be ao establishment of "number of feet distance" between alcoholic beverage establishments. a~ Jeff Harriman, i7 4th Street - let the downtown areas have a police foot patrol. There are a2 other ways to tiandle alcohol problems. We are responsible operators. ~.~ , ., , Page 154, Vol. 29 July 17, 1995 Bryant Moynihan, f 111 Post Street - he spoke representing the Petaluma Area Chamber of Commerce whieh ;suggested that the Teen Alcohol Prevention Program (TAPP), Petaluma Visitors Program, Downtown Merchants Association, Petaluma Area Chamber of Commerce, Police Department and Planning staff develop the criteria together. Richard Mendelson, 809 Coombs Street, Napa - attorney for the Wine Merchant - wanted to make sure the Council. s decision doesn't affect his client. ~ The Council directed the matter go to the Planning Conlmission to develop criteria for Council approval. ~ ~2ES0. 95-184 NCS ( PUBLIC CONVENIENCE RE: 3 A.B. Resolution 95-184 by the issuance of the Department of Suite 137, Petalun Read, seconded by Ayes: Hamil Noes: None Absent: Nonf IAK JA Wayne Vieler of ] question `Vvhether live music permit Three of the Cou~ week live music p NCS determining that public conyenience and necessity wouM be served :hree alcoholic beverage control licenses (importer, wholesaler, retailer) by Alcoholic Beverage Control to the Wine Library at 765 Baywood Drive, ia. It was noted this approval is not transferable. Introduced by Nancy Jane Hamilton. on, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss MUSI diak Jack's Honky Tonk and Saloon has asked that the City Council the not it was the Council's intention to give Mr. Vieler a seven days a week the end of the ninety day trial period if there were no noise cotnplaints." lmembers said that it was not their intention to give Mr. Vieler 7 days a ~ i Mike Healy, 304 Kentucky - requested there not be live music 7 nights a week. Lawrence Longenbaugh, 225 Kentucky Street - no live music; 7 nights a week. qa ca v'end.n r . It was noted the eg truck is still spends late evenings parked on Mary Street across from the Mexican restaurant located on Petaluma Blvd. North. Council discussion - It was noted that there isn't a place in Petaluma that has live music 7 nights a week. We were all prepared and everybody said that their intention was to grant him the use permit until a neighbor said, `We don't want live tnusic 7 nights a week til 2 in the morning." It'll be like any other plaee with a permit to have live music; they'll have it a couple of nights a week. Planning Director Pamela Tuft said it is her recollection that both Holidaze and McNear's Saloon are not limited to the number of days they can have live music. A Councilmember stated they would like to see an amended conditional use permit process, as the City Attorney suggested, where you do get neighborhood feedback. Juty 17,1995 Vol. 29, Page 155 i Mr. Vieler noted that what he and what the people who were with him that night in November 2 heard was that;this will go back to the Planning Director who would administratively approve s the conditional use permit he originally asked for, if the track record was demonstrated. a Staff discussion and result of Council discussion - The Planning Director noted that the s Council granted the appeal in November, and they did adopted the alcohol beverage 6 establishment regulations after January 1, 1995. In response to the question, iCould the City ~ Council determine, that since this conditional use permit was approved prior to the adoption a of a requirement for a conditional use permit for a bar, that Mr. Vieler's use permit can be 9 amended for the expansion of live entertainment multiple nights per week?" The City io Attorney replied the Council can do that. There were sounds of a~reerrient from the Council. ~i This would leave Mr. Vieler's Kodiak Jack's Honky Tonk and Saloon as a legal non- i2 conforming use under the alcoholic beverage establishment ordinance, and it would allow the i3 administrative processing of a minor conditional use permit amendment to allow the expansion ia of his entertainment practices. The environmental review fee is probably about $700, and the is City could do ithe environmental review in conjunction with the use permit amendment to i6 modify his parking ratio. He will pay only once, and the Planning Director has already i~ stipulated that I Mr. Vieler would get credit for his variance application fees against that is environmental fee, unless the Council wants to waive all of them tonight. There was no move ~9 to waive all the fees. There was no formal action. ~ Zo ; ~2ES0. 95-185 NCS 21 FIRE 'I'RUCK 22 Resolution 95-;185 NCS authorizing contracting for a fire truck with the company that is z3 currently under contraet with the City of Petaluma for a fire engine. This equipment would be 2a a 1,500 gallon iper minute Class A Fire Pumper at a cost of $259,612.50. Funds for this fire Zs engine will be; collected as a wildland fire mitigation measure from the development of z6 Country Club Estates pursuant to previous City Council action. Introduced by Matt Maguire, z~ seconded by Jane Hamilton. 2s ~Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss z9 Noes: None 3o Absent: None 31 32 ~SO. 95-186 NCS S~JBREGIONAL PI.ANNYNG PItOJECT 33 Resolution 95; 186 NCS approving a memorandum of understanding relating to a 34 comprehensivelsubregional plannin~ project. The nine cities (Cloverdale, Cotati, Healdsburg, 35 Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma and Windsor) plan to establish a 3~ method of organizing the various local planning goals and policies that lend themselves to 3~ addressing subregional and regional issues and problems. In addition, the intent is this would ss provide a consensus-building forum to discuss and resolve identified subregional issues and s9 policies in order to address region-wide problems; and, this group would prepare a document ao outlining locally generated issues and policies of Sonoma County which would be linked to a~ ABAG's regional issues. This would be used for general plan updates and for ordinance and 4a policy implementation. a3 The Governing Board would be the Mayors and Councilmembers Association of Sonoma 44 County plus ~a Sonoma County Supervisor. A`Working group" of Mayors and as Counctlmembers has been meeting for some time. They hope to find common grounds among 46 the local jurisdictions. Introduced by Nancy Read, seconded by Carole Barlas. 4~ Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss as Noes: None a9 Absent: None .t,. ~"~ ~~. , . 't;b~. ~ ;r~~ Page 156, Vol. 29 i July 17, 1995 ORD. 1985 NCS MA Introduce Ordinarice 1985 NCS amending the Municip~tl Code Title 18 - Signs and Advertising. This regulates distribution of printed mater~als, free pamphlets, advertising newspapers and tlie like to those properties where persons have not given notice <that such distribution is prohibited. Introduced by Matt Maguire, seconded by Jane Hamilton. Ayes: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss Noes: None Absent: None ~ ~ g,IAISON ItEPORTS It was noted the Sonoma County Transit Authority is discussing regional gas tax issues. It was asked that ihis be listed on the next City Couricil agenda for discussion. It was noted the `~liner" that has applied to be coristructed at the Auto Ma11 was approved at the Planning Commission and i's going before Site Plan & Architectural Review Committee for design review and screening. An.TCDi1R1V ATTEST: