HomeMy WebLinkAboutMinutes 11/21/1994November 21,1994 Vol. 28, Page 379
i MINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, NOVEMBER 21, 1994
4 ROLL CALL 3:00 n.m.
s Present: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor
6 Hilligoss
7 Absent: None
8 PUBLIC COMMENT
9 Lloyd Larson - Spoke on Women Against Rape, 7 Cader Court - we have to draw a line
io somewhere and it might as well be here. We should hold it at that, the language should be
ii English. We have been pretty good to immigrants. Years ago, the emphasis was this was
12 going to be a new country with many immigrants. But, as a nation are going to have little
13 tribalisms that could very will separate us much like what is happening in Yugoslavia.
14 Regarding the rape issue, the newspapers led me to believe that you met behind closed doors
15 on the issue. Is this political patronage? And if a woman is selected out, a woman should be
16 able to sit pretty tall. The City Manager said the City does not pay a premium for language
17 skills and the City did not meet privately with the Purple Berets.
18 Vasco Brazil - asked that the Wastewater consultant agenda item be held over to the evening
i9 meeting. He asked the Council if it had made a decision on the Moon Lafferty issue. He had
20 attended an Open Space meeting where the audience was led to believe the Council has
21 decided there would be no trail at Lafferty Ranch.
22 COUNCIL COMMENT
23 Is there going to be a discussion on the pay for Spanish speaking cops
24 Carole request the Mayor respond to Mr. Brazil's comment.
25 The Mayor responded that she did say at the County Open Space meeting in the discussion
26 where the County said they would not be responsible for the liability at Lafferty Ranch, the
27 City has found the liability would be so high, that she didn't think the City would assume
28 liability.
29 Vasco Brazil said that there are things being done about such things at the state legislature.
30 MINUTES
M The minutes for November 7 were approved as amended:
32 Page 373, Line 20 - Change reference to read, "Kenilworth Junior Hish School"
33 CONSENT CALENDAR
34 The following items which are noncontroversial and have been reviewed by the City Council
35 and staff were enacted by one motion which was introduced by Lori Shea and seconded by
36 Nancy Read.
37 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
38 NOES: None
39 ABSENT: None
Page 380, Vol. 28 November 21, 1994
i RESO. 94-302 NCS
2 CLAIMS AND BILLS
3 Resolution 94-302 NCS approving'Claims and Bills # 40485 through #40788
4 RESO. 94-303 NCS
s PERSONNEL - UNIT 1-CONFIDENTIAL
6 Resolution 94-303 NCS adding Information Systems Technician Technician and
7 Administrative Secretary to the Finance Director to Personnel Unit 1 - Confidential.
8 * * * * * End of Consent Calendar * * * * *
9 TEEN PROGRAMS
10 Jim Carr noted the Skateboard Park discussions with the Fourth District Agricultural
ii Association Fair Board Committee are ongoing. Staff plans to have a report back to the
12 Council at the next meeting.
13 KENILWORTH RECREATION CENTER
14 The Sonoma grants and mortar program has asked prospective grant applicants to submit
is letters of proposal about the use of the money that may be made available to the various
16 jurisdictions. These letters must be submitted by December 30. This will be on the Council
17 agenda the next meeting.
18 ORD. 1973 NCS
19 AMEND DOWNTOWN REDEVELOPMENT PLAN
20 Adopt Ordinance. 1973 NCS amending the redevelopment plan for the downtown area, a.k.a.
21 Central Business District, in accordance with amendments to the Health and Safety
22 Code §33333. Recent legislation mandated that redevelopment areas shall not incur debt and
23 shall not commence eminent domain ' actions beyond "20 years from adoption of the plan or
24 January 1, 2004, whichever is later". Redevelopment activities shall not occur "40 years
25 from adoption of the redevelopment plan or January 1, 2009, whichever is later". The time
26 now allowed for receipt of the tax increments is 10 years after the limit on redevelopment
27 activities.
28 For the Downtown Redevelopment Plan or Central Business District area the guidelines are
29 now:
30 1. Cessation of the commencement of redevelopment activities is the year 2001
31 2. The time limit for incurring new debt is the year 2001.
32 3. The time limit for receipt of property tax increments is the year 2011.
33 The. plan could be amended to extend its life if the City Council so chose. The ordinance was
34 introduced by Carole Barlas; seconded by Ross Parkerson on November 7. The vote to adopt
35 was as follows:
36 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
37 NOES: None
38 ABSENT: None
November 21,1994
Vol. 28, Page 381
t ORD. 1972 NCS
2 AMEND PETALUMA COMMUNITY DEVELOPMENT PROJECT PLAN
3 Introduce Ordinance 1972 NCS amending the redevelopment plan for the Petaluma
4 Community Development Project area, in accordance with amendments to the Health and
s Safety Code §33333.
6 Location - This redevelopment area runs somewhat parallel to U. S. Highway 101 from the
7 southern end of town to the northern end. The width of the redevelopment area is varied. On
8 the easterly side of town from south to north the boundary follows the Petaluma River,
9 Lakeville Highway, U. S. 101 Highway, to East Washington then McDowell Blvd. to the
io Railroad tracks then the railroad tracks across Ely Road to Denman Road. It follows the
ii westerly city limits and comes back into town along Petaluma Blvd. North. taking in some
12 properties along that stretch of road. Close to downtown, the boundary goes around the
13 Central Business District redevelopment area and follows Lakeville Highway to Hopper
14 Street, then follows along the railroad for a bit. Then it heads to the Petaluma River, goes
is around McNear Hill and up McNear for a few blocks then goes back to U. S. Highway 101.
16 For the Petaluma Community Development Project area the guidelines are now:
17 1. Cessation of the commencement of redevelopment activities is the year 2028, rather
18 than the PCDP plan date which now shows the year 2033.
19 2. The time limit for incurring new debt is the year 2008.
20 3. The time limit for receipt of property tax increments is the year 2038.
21 Introduced by Carole Barlas, seconded by Ross Parkerson on November 7, 1994. The vote to
22 adopt the ordinance was as follows:
23 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
24 NOES: None
25 ABSENT: None
26 RESO. 94-304 NCS
27 PETALUMA CINEMAS - PCD
28 Resolution 94-304 NCS adopting the Planned Community District program for the Petaluma
29 Cinema Expansion at 1363 McDowell Blvd. North. This had been continued at the November
3o 7 meeting in order to reach a compromise on payment for an access easement from North
31 McDowell Blvd. between the Petaluma Cinemas and adjacent property owners. Attorney Al
32 Bianchi expressed the concern of Pacific Cinemas who wish to keep the flexibility of site
33 design available and they support the resolution as it is written. Bryant Moynihan spoke on
34 behalf of Mr. Clegg about their concerns regarding easement access to North McDowell Blvd.
35 He also mentioned the fact the City is going to master plan the area and that as far as he
36 knows Pacific Cinemas property is not participating in that effort.
37 There was a great deal of discussion about conditions 9 and 13 of the resolution. The Council
38 expressed their feeling that the final design will benefit both Pacific Theatres and the adjacent
39 undeveloped parcels. Introduced by Ross Parkerson seconded by Jane Hamilton.
40 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
41 NOES: None
42 ABSENT: None
Page 382, Vol. 28 November 21, 1994
i RESO. 94-305 NCS
2 OUITCLAIM STORM DRAIN - GRANT SCHOOL
3 Resolution 94-305 NCS authorizing the City to quitclaim an existing storm drain easement
4 and to accept a new grand deed of storm drain easement on Grant School property. Due to
s the construction of a new multi -use building and new classrooms, the storm drain pipe had to
6 be relocated and the school installed another storm drain. Introduced by Lori Shea and
7 seconded by Nancy Read:
s AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
9 NOES: None
10 ABSENT: None
ii RESO. 94-306 NCS
12 GRANT - ALCOHOL
13 Resolution 94-306 NCS approving the acceptance of a grant from the State of California,
14 Department of Alcoholic Beverage Control (ABC) in the amount of $99,600 in order to hire
is two police officers who will be trained by ABC to deal with alcohol related problems. The
16 city's matching contribution of $33,200 will come frorn existing administrative support
17 positions, existing training budgets, and existing equipment budgets: $3,800 will need to be
is added to the current budget for officer benefits that .are not adequately covered by the grant.
19 The program begins on March 1, 1995, and will run through December 31, 1995. Second
zo year funding from ABC is a possibility. The Council members expressed their concern about
21 the implication of on -going future budgetary requirements that this action may have; and, the
22 fact that there may not be sufficient funding in the future to continue to pay these additional
23 employees. Police Captain Pat Parks indicated this is a concern, but taking into consideration
24 the fact that this personnel category is usually down by a number of budgeted police persons,
25 he felt there would not be a problem. Introduced by Jane Hamilton and seconded by Ross
26 Parkerson.
27 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
28 NOES: None
29 ABSENT: None
3o RESO. 94-307 NCS
31 AMEND CONFLICT OF INTEREST CODE
32 Resolution 94-307 NCS adopting State of California Conflict of Interest Code, Establishing
33 Filing Criteria for Designated Employees, and Repealing Resolution 92-306 NCS. The Fair
34 Political Practices Commission mandates that cities review and update their conflict of interest
35 codes every other year. This Code updates job titles and adds the Tree Committee to the list
36 of committees that are required .to complete the conflict of interest reporting forms.
37 Introduced by Jane Hamilton and seconded by Lori Shea.
38 BRYANT MOYNIHAN STORM DRAIN - GRANT AVENUE
39 The City Council considered a request received from Bryant Moynihan to construct a public
40 storm drain project through neighboring parcels to Thompson Creek in the vicinity of I Street.
41 The cost is estimated to be $38,000. The City's share would be $20,000 and the project
42 could be placed in the 1995-96 Capital Improvements Plan. The City Council asked that a
43 "cap" on City participation be included in the resolution . Legislation will be brought back to
44 the Council at the next meeting.
November 21,1994
Vol. 28, Page 383
ADJOURN
2 At 5:10 p.m., the City Council adjourned to Dempsey's Ale House, 50 East Washington
3 Street, for dinner.
4 RECONVENE AND ROLL CALL 7:00 P.M.
5 Present: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor
6 Hilligoss
7 Absent: None
8 PLEDGE OF ALLEGIANCE
9 Onita Pellegrini, Petaluma Area Chamber of Commerce, led the Pledge of Allegiance.
10 MOMENT OF SILENCE
11
PUBLIC COMMENT
12 Barry Sobel, 416 Fair Street - local teacher - he supported the City Council's action to
13 construct a skateboard park in town.
14
COUNCIL COMMENT
15 Ross Parkerson complimented the voters for the high turnout in the November 8 election.
16 RESO. 94-308 NCS
17 NEW SEWER PLANT - CONSULTANT CONTRACT CHANGES
18 Resolution 94-308 NCS authorizing increases in professional services contracts for
19 environmental, technical, financial and legal assistance for the Petaluma wastewater project.
20 The environmental consultants, Brown & Caldwell Engineers and Jones & Stokes Associates,
21 have an approved total budget of $511,000. Expenditures of $462,900 have already been
22 authorized. Staff is requesting an additional $173,000 to supplement the $462,900 in order to
23 complete the facility planning, environmental review, mitigation planning and permitting
24 processes. With this amendment, the total budget for the environmental portion of the project
25 will be $635,875.
26 The budget for the financial advisor, Ernst & Young , and for the technical advisor, Camp,
27 Dresser & McKee, was $179,000 + an EPA Assistance Grant of $14,500 for a total of
28 $193,500. Staff estimates an additional $125,500 will be needed for the financial and
29 technical portion of the project.
3o The budget for the legal advisor, Nossaman, Guthner, Knox & Elliott, was $90,197 + an EPA
31 Assistance Grant of $14,500 for a total of $104,797. Staff recommends an additional $42,000
32 for the legal portion of the project.
33 The total of the needed appropriations for environmental, financial, -technical, and legal
34 services equals $340,500.
35 The City Council asked that in the future, all agenda items for the new wastewater plant be
36 placed on the evening portion of the meeting.
37 Introduced by Carole Barlas and seconded by Ross Parkerson.
38 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
39 NOES: None
40 ABSENT: None
Page 384, Vol. 28 November 21,1994
i PUBLIC HEARINGS
2 RESO. 94-309 NCS
3 KODIAK JACK'S APPEAL
4 The City Council considered the appeal received from Wayne Vieler from the Planning
s Commission's denial of a Conditional Use Permit for Kodiak Jack's, Honky Tonk and Saloon
6 at 256 Petaluma Blvd. North. The Planning Commission had denied the request to authorize
7 the establishment of Commercial Recreation establishment. Mr. Vieler has assumed the lease
8 of the building where there previously had been an establishment which had caused some
9 concern on the part of the Police, Alcoholic Beverage Control, and some of the neighbors.
10 Mr. Vieler would like to be able to apply a cover -charge, offer dance lessons for a fee, and
ii have live music. His letter of appeal also noted his appeal of the Planning Director's
12 interpretation redefining bars. His belief is that Kodiak Jack's is exempt from a new definition
13 because the definition is being used on an already established business. Mr. Vieler went on to
14 state that when he received his business license in June, 1994, the definition of a bar on the
15 City's books would have allowed him to have live entertainment as a permitted use for bars.
16 After the staff presentation, the public hearing was opened and the following persons spoke:
17 Wayne Vieler, owner of Kodiak Jack's, 256 Petaluma Blvd. North - He handed the City Clerk
18 204 petitions for live entertainment at this location. He noted that he rents 63 parking spaces
19 in the Mahoney parking lot which is 75 feet from the building entrance. He has security staff
20 patrolling the area every one-half hour. He has a sign that requests patrons to utilize that
21 parking lot. He also noted that same parking information is contained in a newsletter that he
22 mails to 2300 patrons every month.
23 He is talking about having live entertainment only on Saturday night. He noted the variety of
24 having a disc jockey on Friday night and live entertainment on Saturday night would
25 encourage people, who are so inclined, to come down two nights in a row.
26 He has been open for five months and there have been no complaints to the Police
27 Department. He knows the neighbors up on Kentucky Street continue to have a few nights
28 where the sound is somewhat bothersome.- He feels there is a huge discrepancy between what
29 noise exists and what the neighbors" have been saying. The business is in a Highway
30 Commercial zoning district.
31 Mr. Vieler went on to say that the Country Western. dancers come in primarily to dance and
32 not to drink. Their drinking pattern is significantly reduced from that of the usual bar patron.
33 He said there are a lot of folks who drink just water. 'So, he wants to be allowed to levy a
34 cover charge and a dance lesson charge. The cover charge will reduce the comings and
35 goings of customers. It is his intent that the individuals who teach the line dancing will handle
36 the lesson charges themselves.
37 The live entertainment would utilize the ,same public address system that the disk jockey uses;
38 it would be at the same volume as well. However; 'he needs to "tune" the room in order to
39 have live music. If the Council would approve his request, Mr. Vieler suggested that there be
40 a trial period on the live music. That way one could tell how successful his effort will be to
41 contain the sounds within the building. He noted that he has to book live music about two
42 months in advance.
jr ..
November 21,1994
Vol. 28, Page 385
1 Regarding the sounds that are heard up on Kentucky Street, he has gone up to that location to
2 determine whether or not there is any of his music that is discernible and he found that is the
3 ambient sounds that are dominant. He has treated some of the roof areas with sound retarding
4 materials, but feels that it is better to work on those roof locations on the inside of the
5 building. , .
6 Kerstin Molinder (Mrs. Victor Thuesen), 14 Martha Street - her sleep is disturbed. She read
7 from a list the number of nights she heard something.
8 Geri Johnston, 108 Prospect Street - said she cannot hear the music now, but she did hear the
9 sounds from Kickers. She is against any increase in usage. They are affected by people when
io the bar closes.
ii Victor Thuesen, 14 Martha Street - his office is above the McNear Saloon and he can work
12 through the music. It is when he is home and in bed that the sounds from the bars bother him.
13 This is not an appropriate use.
14 Onita Pellegrini, 700 Baywood Drive, Petaluma Area Chamber of Commerce -the Chamber is
15 in support of night time commercial in downtown Petaluma. We ask you as you look at this
16 appeal to make an even playing field for like businesses.
17 Lawrence Longenbaugh, 225 Kentucky Street - he agrees with everything that Mr. Thuessen
18 said. 287 people is not a neighborhood bar. The downtown bars are all right. The parking is
i9 not well marked or lighted. You should do a noise test at 2:30 a.m. It will be hard to sell our
20 house.
21 Mike Healy, 304 Kentucky Street - Kickers could come back. The noise is coming through
22 the roof. He uses earplugs. His wife had to sleep on the sofa one night. Disc jockeys make
23 the most noise. There is not enough parking or signage.
24 Margie Miller agrees with all the former speakers.
25 Dani Dixon, 904 Pepperwood Lane - she likes Kodiak Jack's and goes there 2 or 3 times a
26 week. She has not seen any problems. They should get the Conditional Use Permit..
27 Cathy Nolen, 448 Sutter Street - she goes to Kodiak Jack's because it is a comfortable place
28 and she drinks water not alcohol. The noise level is not bad at all. There has been an unfair
29 comparison of Kodiak Jack's to the Kickers, which doesn't exist any more. Wayne Vieler
30 wants to be a good neighbor. She says there is no noise at closing. The latest she has left is
31 1:40 p.m..
32 Shirley Pozzi, 720 Paula Lane - spoke in support of Kodiak Jack's and their obtaining the use
33 permit. She uses line dancing as exercise. Wayne can't make much money on alcohol
34 because a lot of people don't drink it.
35 Shelley Pozzi, 72- Paula Lane - she attends to dance, not to drink. If this same sound system
36 will be used for live music, she can't see the difference. He should have the use permit.
37 Ken Coleman came here from Walnut Creek - this is a fine establishment. He doesn't drink
38 alcohol either. He doesn't believe there is a sound problem. The bar closes promptly at 1:30
39 a.m., so he doesn't know about any problems that may occur at 2:30 as referred to earlier. He
4o hoped the Council would give Wayne Vieler the use permit.
41 Henry Nolan, .2 10 Chapman Lane - he came here from Bakersfield, and Kodiak Jack's is
42 nothing like the bars in Bakersfield. This is a quiet bar. He lives in the country and Paul
43 Staub's cows moo all night and he can't do anything about that either. He is not a "bar
44 hopper". And he isn't going to walk up that hill to Kentucky Street and go into the
45 neighbor's yard.
�'1"�+:x:�:z •.,yip .;r ;7,
Page 386, Vol. 28 November 21, 1994
Jamie Beaudoin, 26607 Asti Road, Cloverdale - she grew up here but moved to Cloverdale to
be someplace more like old Petaluma. She likes to dance, not drink. The noise is from
Guadalahara down'the street.
Margie Sturm, 807 Orchard Lane, Penngrove - There used to be a lot of stores that supported
the residents' needs but now there are antique stores and coffee shops. She read the names of
all the bars that used to be in the area.
Jeff Goodwin, 1081 3rd Street, Santa Rosa - he is one of the disc jockeys at Kodiak Jack's.
They are trying to be quieter. He supports the use permit.
9 In response to Council query, Police Chief Dennis DeWitt advised the Council that the Police
10 Department does not have a record of any complaints from Kodiak Jack's.
ii The public hearing was closed. The Council debated this for some time. Council members
12 expressed concern about the potential of another neighborhood problem. They also said that
13 a trial time would be acceptable. Stan was asked again about the Taco wagon that parks on
14 Martha Street. After more discussion Resolution 94-309 NCS approving a conditional use
15 permit for Kodiak Jack's with a 90 day trial period was introduced by Lori Shea and seconded
16 by Jane Hamilton. The Council determined the 90 day trial period would commence once the
v live entertainment was begun.
18 AYES: Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
19 NOES: Parkerson, Read
20 ABSENT: None
21 RECESS 10:00 to 10:08
22 RESO. 94-310 NCS
23 A-1 TAXI CERTIFICATE OF PUBLIC CONVENIENCE
24 Resolution 94-310 NCS .approving issuance of a Certificate of Public Convenience for A-1
25 Taxi. Councilwoman Barlas left the meeting. Messrs. Walter Watkins, Daniel Watkins, and
26 Rodney Leight have applied for a Certificate of Public Convenience to operate a taxi service
27 in the City to operate from 372 Park Place Drive. It was noted that although there will be a
28 radio dispatcher at the home occupation location, no drivers will congregate and no taxis will
29 be garaged at the Park Place Drive. address. After the staff presentation, the public hearing
30 was opened, Walt Watkins was present to answer any questions. The hearing was closed.
31 Introduced by Lori Shea, seconded by.Ross Parkerson.
32 AYES: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss
33 NOES: None
34 ABSENT: Barlas
3s RESO.94-311 NCS
36 U-HAUL APPEAL
37 Daniel Bennett, President of U-Haul, appealed some provisions of the conditional approval of
38 their proposed business to be located at 1230 North McDowell Blvd. The approval requires a
39 6-foot wall to be constructed between their building and the street. They feel this will cause a
40 loss of natural advertising.
November 21,1994
Vol. 28, Page 387
1 After the staff presentation, the public hearing was opened and the following persons spoke:.
2 Dan Bennett, 1115 Halyard Drive, Santa Rosa - He requested that the Council not require a 6
3 foot fence because people driving past their establishments can see their vehicles and this is
4 their advertising. He noted 70% of their business is the truck and trailer business; the rest is
5 supplementary. There being no one else wishing to speak, the public hearing was closed.
6 Resolution 94-311 NCS sustaining the Planning Commission action and written conditions of
7 approval. Introduced by Ross Parkerson, seconded by Vice Mayor Sobel.
8 AYES: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss
9 NOES: None
10 ABSENT: Barlas
11 ADJOURN
12 At 10:40 p.m. the meeting was adjourned.
13
14
15
16
17
18
19 Patricia Hilligoss, Mayor v
20 ATTEST: / ✓
21 atricia E. Bernard, City Clerk
\k