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HomeMy WebLinkAboutMinutes 01/03/1995January 3,1995 i 1VIINITTES OF A REGUI~Ait MEE'I'ING a PETALUNIA CITY COTJNCIL s ~'ZTESDAY, JAN~JARY 3, 1995 4 s Present: Hamilton, Maguire, Read, Shea, Stompe, Mayor Hilligoss 6 Absent: Barlas ~ Vol. 29, Fage ~ 1tOLL CALL 4:30 n.m. OA'I'~ OF OFFICE ~ s City Clerk Pat Bernard administered the Oath of Office to the following listed newly elected 9 officials: io M. Patricia Hilligoss, Mayor ii Matt Maguire, Councilmember i2 Nancy Read, Councilmember is Mary Stompe, Councilmember ia Sally Foley, Petaluma School Board Trustee is Carolyn Tennyson, Petaluma School Board Trustee i6 Louis Steinberg, Petaluma School Board Trustee i~ 12~CESS to Dinner at the Hatchery, 620 Petaluma Blvd. North 18 ROLL CALL 7:00 n.m. i9 Present: Hamilton, Maguire, Read, Shea, Stompe, Mayor Hilligoss 2o Absent: Barlas 21 PLEDGE OF AI,LEGIANCE 22 Dan Williams led the Pledge of Allegiance to the Flag. 23 MOlVIENT OF SILENCE 24 PU~I,IC COMMENT' ~s Tim Haddad, People Involved in Proper Planning (PIPP)- addressed the Council restating the 26 PIPP request to turn the Auto Row sign off immediately and prepare an environmental impact s~ report for the sign. It is their contention the Auto Row sign ~s not acceptable. They took the Zs matter to the appellate court and the court reversed the superior court decision which had 29 supported the City's side. The appellate court decision is final in late February of 1995. 3o Nancy Chien-Eriksen, PIPP, she supports the comments of Tim Haddad. Also, she feels that 3i the Auto Row should have a sign, but it could be designed much better. Page 2, Vol. 29 i COUNCII. COMMENT J~~'y 3, 1995 Lori Shea - asked that the Council Subcommittee meetings be~ announced at Council meetings so the public could be informed. She also asked that thE newspapers be given that same information. Matthew Maguire - asked when the Goal Setting meeting will be scheduled. He preferred that it be scheduled for an evening rather than a Saturday. ~ Mary Stompe - noted the City is receiving an unanticipated. eheck for $1,600 from PGandE. a She asked if those funds have been earmarked and was advised that such unexpected revenue 9 is placed in the General Fund. In the future, she would like to see such unanticipated revenue io considered to be used for employees, volunteers and so on. Such uses have not been in recent ii budgets. She was advised that a few years ago, the employees voted not to have an awards iz dinner. is ~SO. 95-O1-A NCS ia ELECTION OF VIC~ 1VIA~'OR is It was moved by Jane Hamilton and seconded .by Matt Maguire to elect Carole Barlas as Vice i6 Mayor. It was .moved by I.ori Shea and seconded by Mary Stompe to elect Nancy Read as i~ Vice Mayor until the Council reorganization the at the begin,ning of the ne~rt fiscal year which is is the first meeting in July. The discussion included ihoughts such as giving, every i9 Councilmember an opporturuty to be Vice Mayor, that Nancy Read had .already served in that Zo position, that this would be only until the Council's reorganization in July, and why does this Zi have to be done in 7uly. The vote on the question was as folTows: Barlas Hamilton ' iVla uire Read She~ Stom e Hilli oss '~otal. Barlas absent es es 2 Read es es es es 4 zz Nancy Read received the majority of votes and will be the Vice Mayor. z3 ~tESO. 95-O1-B NCS Za I.IAISON ASSIGNII'~ENTS Zs Resolution 95-01-B NCS making liaison assignments to replace the change in z6 Councilmembers. 2~ Planning Commission - Mary Stompe zs Library Commission - Matt Maguire 29 Ayes: Hamilton, Maguire, Read, Shea, Stompe, Mayor Hilligoss 3o Absent: Bazlas January 3, 1995 Vol. 29, Page3 i Matt Maguire also asked to be assigned to the Refuse Committee. 2 Ii'IINiT~'ES s The rrunutes for December 19, 1994, were approved as amended: a Page 400, Line 22, change "proposal" to "letter of intent" s Page 401, Line 8- Shea voted "no" 6 Page 401, I.ine 34, add "Grant" after Crime Bill ~ CONSEN'I' CALENI)AR s The following items which are noncontroversial and which have been reviewed by the City 9 Council and staff were enacted by one motion which was introduced by Vice Mayor Read and io seconded by Lori Shea. t i Ayes: Hamilton, Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss i2 Noes: None i3 Absent: Barlas la RESO. 95-01 NCS ls CI.A~S AND BIL,LS i6 Resolution 95-01 NCS approving Claims and Bills #41411 through #41714. 1~ * * * * * End of Consent Calendar * * * * * 18 ItESO. 95-02 NCS 19 ~tEJEC'g' ~I~S - ACCESS 1MPROV~1VyENB' PROJEC'~ zo Resolution 95-02 NCS rejecting all bids on the project to improve access to four City facilities Zi due to bid specification detail and bid challenges by two of the three bidders. This action 22 authorizes staff to modify the job specifications as needed and to solicit bids when that is z3 accomplished. Introduced by Jane Hamilton, seconded by Vice Mayor Read. 2a Ayes: Hamilton, Maguire, Stompe, Vice Mayor Read, Mayor Hilligoss 25 Noes: Shea 26 Absent: Barlas 2~ 'I'EEN PItOGRA1VIS zs Recreation Director Jim Carr reported that the Kenilworth Recreation Center currently has a9 ongoing programs for seruors, youth and adults at the Kenilworth facility. On weekends the 3o building is utilized for the Committee of the Shelterless for those nights the Armory is not 3i available for the homeless and for private parties, fund-raisers or youth activities. Should the 32 Council decideto, use this facility as a Teen Center, the annual costs are anticipated to be 33 $80,000 including the cost for additional staff. There would be a net loss of about $15,000 in 34 rentals and approximately $5,000 in recreation class revenue. As an alternative, the Boys and ~s Girls Club located on the west side of town may be available for teen use. At this time, the 36 cost of using that facility, which is currently closed due to lack of funding by the Boys and a~ Girls Club, is not known. Mr. Carr noted there is some discontent among the youth because of 3a the slowness in constructing a skateboard park and the teen center. Both of these projects 39 have been in a holding pattern because of the budgetary constraints the City is experiencing. Page 4, Vol. 29 January 3, 1995 He went on to say that some of the ongoing classes at Kenilworth Park can be relocated and some cannot, He also noted there is a definite age/interest difference among the youth; and, there are two groups that need to be addressed, the juriior high group -and the high school group. There was discussion about gradually working into a: full program beginning in March, when the Keriilworth facility could make the transition of its uses to other sites. It is estimated that between 20 and 30 teens will use such a facility on weekdays and between 200 and 300 teens would be in attendance at a weekend function such as a dance. It was noted that to maintain a viable youth program one of the main requirements is to have a"dynamite staf~' on board. io It was suggested the City go out into the community to look for various kinds of support, from ii funding to equipment. There was some concern expressed about the possibility of displacing iz the developmentally disabled individuals' use of the facility. i3 The Council agreed the youth project could begin with wePkend use of Kenilworth. It was ia also suggested that one weekday be set aside for the youth to see what sort of youth response is there may be. In any event, there is a need to continue to work towards having a skateboard i6 park. The Recreation Director noted the Fairgrounds has flnformed him that there will be a i~ resolution to the skateboard park late this month. He will report back on the skateboard park ~g as well as on budgetary items that will need to be addressed to enable the youth to use i9 Kenilworth Park. ao RESO. 95-03 NCS Zi VACA'I'E PO~2TION OF CAULFIELD I,ANE 2z Resolution 95-q3 NCS of vacation of a portion of Caulfield Lane at Lakeville Street. This zs action is the result of Shell Oil Company's request for redesi~n of the current service station at 2a 1001 Lakeville Street; which request came concurrently with the City's plan for redesign of zs Lakeville Highway. The Shell Oil service station will be dedicating lands to widen Lakeville z6 Highway on its southwesterly side and to extend Payran Street along the northeasterly lot line 2~ of the gas station. In connection with this action, a traffic si;nal will be constructed at Payran 28 Street and Caulfield Lane. The public hearing was opened, and no one spoke. The hearing 29 was closed. Resolution 95-03 NCS was introduced by JanP Hamilton and seconded by Lori so Shea. si Ayes: Hamilton, Maguire, Shea, Stompe, Vice MayorRead, Mayor Hilligoss 32 Noes: None 33 Absent: Barlas 34 RESO. 95-04 NCS 3s PETALiJMA QUEEN APPEAL 36 The Petaluma Queen paddle boat travels from the turning basin down the Petaluma Biver for 3~ some distance, turns around and returns to the turning basin. That trip takes appro~umately 2 ss hours. During some of the river trips a meal is served and during other trips the passengers are 39 on board for sight-seeing. The D Street bascule bridge must be raised so that the vessel may ao pass through, ~and some of these bridge openings cause a major conflict with the peak traffic ai hours for ve}ucles crossing the bridge, namely lunch time and dinner time. January 3,1995 `'ol. 29, PageS i Mr. Barker, on behalf of the Petaluma Riverboat Company, has appealed the Conditional Use z Pernut provision that relates to the times the vessel may ask the D Street bridge to be raised. 3 The specific language of the Conditional Use Permit amendment relating to bridge timing is as a follows: s"The cruise operator shall schedule cruise activity to preclude bridge openings at the D Street 6 bridge during the following peak traffic hours: ~ "11:15 a.m. - 1:15 p.m. 1~Yonday through Saturday ~ "4:30 p.m. - 6:00 p.m. Monday through Friday and Sunday" 9 It is Mr. Barker's contention that this bridge opening regulation is contrary to U. S. Coast io Guard regulations, and, furthermore, the bridge opening function is within the purview of the i i LJ. S. Coast Guard and not within the purview of the City. i2 The public hearing was opened and the following persons spoke: i3 Bill Barker - N1r. Barker said the restriction of times during which the bridge would be opened ia for the paddlewheel boat do not take into consideration the Coast Guard rules. He went on to is say, the boat does not engage its engines until the "D" Street bridge has been opened and is i6 locked in the open position, because should the bridge opening mechanism not function i~ effectively, and it is difficult for a vessel the size of the Petaluma Queen to stop once it has is begun moving, there could be a safety problem. Mr. Barker noted it takes appro~cimately 3 i9 minutes from starting the boat to completely passing through the bridge area. He added that 2o these restrictions are only for the Petaluma Queen; any other boat can go under the bridge at ~ i any time. Zz David Mayer, 34 Vallejo Street - spoke in support of removing the floating storage building. ~3 The conditional use permit says that building shall be removed within 5 days after the on-shore Za building is completed. He asked how there can be any certainty that the on-shore building will 2s ever be built. z6 T'here being no one else wishing to speak, the hearing was closed. a~ There was Council discussion about whether or not to strengthen the conditions of the use zs permit. There was also discussion about the times that the calliope is played. The ~9 manufacturer has advised staff that reducing the air pressure to the calliope will reduce the so quality of the music to a great degree. It was agreed that the calliope should not be played 3i while the vessel passes business offices. There was discussion about disposition of the vessel's s2 gray water; and it was agreed that the condition to require gray water to be disposed of in 33 accordance with the Regional Water Quality Control regulations and no gray water shall be 34 released in the Turning Basin. The Council asked staffto amend the conditional use permit by ss inserting a date by which the on-shore storage building shall be completed. Staff 36 recommended that date be 60 days after site design approval. s~ It was moved by Jane Hamilton, seconded by Matt Maguire to adopt Resolution 95-04 NCS to 3a deny the appeal to change the hours for opening the "D" Street Bridge and to amend the 39 conditional use permit to indicate calliope restrictions, gray water restrictions and on-shore ~o storage building completion timing. ai Ayes: Hamilton, Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss a2 Noes: None a3 Absent: Barlas Page 6, Vol. 29 January 3, 1995 i PLANI~TING COIVIMISSION APPOINTIVIEN'T 2 . Staff asked the Council when they wished to consider~ applications for the Planning 3 Commission and whether or not they wished to utilize a questionnaire, as was done :for the last a Planning Commission appointments. The Council asked staf~'to utilize the same questionnaire s that was distributed to Planriing Corrunission applicants i~ late summer. The letters of 6 application and answers to the questionnaire are due in the City Clerk's office no later than ~ 5:00 p.m. Monday, January 23. The appointment will be made on February 6. s RESO. 95-OS NCS 9 HANGAR RAT~S io Resolution 95-OS NCS re-establishing airport hangar rates. This resolution continues the rates ii set in September, 1993, as well as adds rates for the private hangar acquired reeently and three ia larger hangars that were part of the new hangar construction. The rates range from $122, to i3 $450 per month. ia The proposed action has been approved by the Airport Commission. Introduced by Lori Shea, is seconded by Mary Stompe. i6 Ayes: Hamilton, Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss ~ i~ Noes: None is Absent: Barlas i9 ItESO. 95-06 NCS ao REFUSE ItEPOIt'I' AND REFIISE RATES zi James Landa of the refuse collection company, Empire Waste Management of Santa Rosa, a2 gave a verbal annual report. Assistant City Manager Gene Beatty gave the new 23 Councilmembers an overview of the refuse (garbage) rate setting, process. He noted that such 2a things as fuel cost, the Bay Area Consumer Price Index, and disposal fees at the County dump Zs are calculated to set what ~s referred to as a"weighted" rate schedule. a6 Instead of scheduling a week during which residents could bring their extra trash to a`bin' site a~ in town, now there are coupons which allow residents to bring their trash to the County dump as during a certain time period. This fias reduced the cost of the garbage rate. It was noted by 29 Empire Waste Management staff that reintroducing a collection bin in town one time a year so would increase the garbage rate about 2%. The Council disGUSSed the possibility of having 2 3i separate weekends when the free dump coupons would be available. The Council asked for 32 information on how many residents actually use the free dump ticket. 33 Also discussed was the possiblity of a change in the rate to discourage persons from having 34 extra trash cans. For instance, currently a 90 gallon can cost.~ $20.35 a month, while a second ss 90 gallon can costs only one-half or $1.0.90 a month and exxra 90 gallon cans after that cost 36 about one-half of the second can or $5.04 per month. 3~ The yard waste program is diverting between 275 tons and 6p0 tons per month from the waste 3s stream, depending on the season. The residential participatio~ is about 75% to 85%. Empire 39 Waste has embarked on a stcong education program at the schools. They are beginning to ao work on the commercial customers to encourage more recycling. January 3,1995 Vol. 29, Page7 i The council agreed to refer their rate revision thoughts to the Refuse Committee which will be 2 meeting soon. This subject will come back for further consideration when the information on s the rate structure has been revised. Introduced by Matt Maguire, seconded by Jane Hamilton. 4 Ayes: Hamilton, Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss s Noes: None 6 Absent: Barlas ' ~ ~SO. 95-07 NCS s BSI - ENGINEER OF ~tECORD 9 I.AKEVdLLE AIGgiWAY ASSESSMEN~' DISTRIC~' #24 io Resolution 95-07 NCS appointing BSI, Inc., as "Engineer of Record" for the Lakeville i i Highway Road Improvements Assessment District #24. This company will perform a ia feasibility study on distribution of the assessment rate as well as establish the proposed is assessments for property owner and Council consideration. It 'was noted that residential ia properties will not be included in the assessment cost spread. Introduced by Vice Mayor Read is and seconded by Matt Maguire. .. i6 Ayes: Hamilton, Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss i~ Noes: None ~ is Absent: Barlas i9 RESO. 95-08 1VCS zo R0~~12T BRIJNSELI~, BOND COUNSEI. Zi I.AKEVILLE HIGFIWAY ASSESSMEN'I' I)IS'TRIC'~' #24 ~z Resolution 95-08 NCS appointing Sturgis, Ness, Brunsell & Assaf as bond counsel in z3 connection with Lakeville Highway Assessment District #24. Introduced by Vice Mayor Read za and seconded by Matt Maguire. ~~ 2s Ayes: Hamilton, Maguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss 26 Noes: None 2~ Absent: Barlas Zs CLOSED SESSION 29 The Council recessed to a closed session to discuss People Involved in Proper Planning et al 3o vs. City of Petaluma/Henry C. Hansel et al, Sonoma County Superior Court Case #192585 3i pursuant to Government Code §54956.9(a). City Attorney Rudnansky reported out of Closed 3a Session that the Council voted unanimously, with Carole Barlas absent, to authorize the City 33 Attorney to file a petition for re-hearing with the appellate court. 34 A~.poU~ ss The meeting was adjourned at 11:20 p.m. 36 , , ~ 1 37 ~/ d~ 3s M. Patricia Hilligoss, Mayor 39 ATTEST: 40 41 ~~ ~ 42 43 Patricia E. Bernard, City Clerk ~