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HomeMy WebLinkAboutCity Council Minutes 10/17/1994October 17, 1994 Vol. 28, Page 363 i MINUTES OF A REGULAR MEETING z PETALUMA CITY COUNCIL 3 MONDAY, OCTOBER 17, 1994 a ROLL CALL 3:00 ~.m. s Present: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss 6 Absent: Read CONSENT CALENDAR s The following items which are noncontroversial and have been reviewed by the City Council 9 and staff were enacted by one motion which was introduced by Carole Barlas and seconded by io Lori Shea. u AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss 12 NOES: None 13 ABSENT: Read 14 RESO.94-273 NCS is CLAIMS AND BILLS 16 Resolution 94-273 NCS approving Claims and Bills #39764 through #40065. i~ RESO. 94-274 NCS is SURPLUS RONDA ALL TERRAIN VEI3ICLE 19 Resolution 94-274 NCS approving the declaration of a Honda All Terrain Vehicle (Unit 809) ao surplus and authorizing disposal of same by the City Manager. ai z2 * * * * * End of Consent Calendar TEEN PROGRAMS z3 Recreation Director Jim Carr showed video tapes of three skateboard parks: Santa Rosa, za Napa, and Palo Alto. The staff has met with the Fourth District Agricultural Association zs (Fairgrounds) and they are still in negotiation on the subject of placing a skateboard park on z6 that site. The Fairgrounds Board will meet on November 2. The Council requested that a z~ report on their decision be made to the Council on November 7. as 29 30 RESO. 94-275 NCS AMEND HODGES & SHUTT AIRPORT ENGINEERING AGREEMENT 31 Resolution 94-275 NCS authorizing the City Manager to execute an amendment to the 32 February 22, 1994, airport engineering contract with Hodges & Shutt. This amendment 33 increases the agreement from $55,000 to $61,000. This is an additional cost of only $600 for 34 the City. Introduced by Ross Parkerson, seconded by Jane Hamilton. . 3s AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss 36 NOES: None 37 ABSENT: Read Page 364, Vol. 28 October 17, 1994 RESO. 94-276 NCS STORIVI DRAIN PAYBACK AGREEMENT WITIi "PEP" Resolution 94-276 NCS. approving. a storm drain payback agreement with the Petaluma Ecumenical Projects (FEP) for the. Vallejo Street Senior Apartments. The Sonoma County Water Agency (5CWA) agreed that if he PEP would construct storm drains on Vallejo Street and on Payran .Street they would pay up to $53,000 toward those improvements. Resolution 93-1.14 NCS noted the City's intent to enter into this agreement. The intent is the SCWA would pay the City and the City, in turn, would reimburse PEP. Introduced by Vice Mayor Sobel, ,seconded by Ross Parkerson. AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Read RESO. 94-277 NCS EXTEND CABLE F'RANCIIISE AGREEIVIEN`I' Resolution 94-277 NCS approving extension of the cable franchise agreement for six months. The franchise expires on December 23, 1994; this action would extend the :expiration until June 23, 1995: Introduced by Vice Mayor Sobel,. seconded by Carole Barlas. AYES: Parkerson; Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Read RESO. 94-278 NCS PUBLIC EDUCATIONAL Resolution 94-278 NCS approving the establishment of a mon-profit organization of develop and oversee public, education, and. governmental access channels, equipment, facilities and resources. The City Council cable subcommittee. and their consultant, The Buske Grotzp, recommend establishment of a "Board of Convenors" which will have the responsibility ..for establishing an incorporated, non-profit access management organization. Members shall be one representative from the High School District, the Elementary School Districts; .non-profit organizations, hospitals/health care institutions, local government, the Cable Advisory Committee and independent community video producers. The Board of Convenors shall be dissolved upon the incorporation. of the non-profit entity, or, in six months of the date. of the completion of a new cable franchise agreement with the City, whichever is sooner. Introduced by Lori Shea, seconded by Ross Parkerson. AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Read RESO. 94-279 NCS CASA GRANDE LAND~'lLL CLOSURE NEGATNE DECLARA'T'ION Resolution 94-279 NCS approving issuance of a negative declaration of environmental impact for the closure of the: Casa Grande landfill and related actions. Introduced by Lori Shea, seconded by Jane Hamilton. AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Read October 17, 1994 Vol. 28, Page 365 i ItESO.94-280 NCS z CASA GRANDE LANDFILL FINANCIAL. ASSURANCE 3 POSTCLOSIJRE .MONITORING AND MAINTENANCE a Resolution 94-280 NCS approving financial s maintenance of the Casa Grande landfill. 6 Hamilton. 7 AYES: Parkerson, Hamilton, Barlas, Shea, s NOES: None 9 ABSENT: Read assurance for the post closure monitoring and Introduced by Lori Shea, seconded by Jane Vice Mayor Sobel, Mayor Hilligoss io RESO. 94-281 NCS ii TRANSIENT OCCUPANCY TAX (TOT) POLICY iz Resolution 94-281 NCS is a policy that describes the source of funds, includes a policy 13 statement and authorizes and reconfirms the Chamber of Commerce Petaluma Visitors is Program as adopted by City Council Resolution 93-294 NCS and indicates the Sonoma is County Convention & Visitors Bureau may also receive a portion the Transient Occupancy 16 Tax funds. Upon adoption of this polic the Finance Depart entWi 1~ commun~`c~.~~w.~~ ~h~.Tra~s~ent C9ccupahc,~ Y'Ca.x a,pplrcc~.n~'s o f t~-e prior" ~P.Ct.-~ 17 Ina rtton, a resolutton was amen ed: is (a) to include the fact that the Petaluma Visitors' Bureau allocation is to be allocation and 19 utilized pursuant to Resolution 93-294 NCS zo (b) to include a note that loans of Transient Occupancy Tax funds may be made to assist zi in an event. Funds must be repaid before any proceeds xr-rdf be used to fund other zz activities of the organization ""`a~ z3 (c) to delete the reference to the Revenue & Taxation Code. za Jack Balshaw, 1680 Kearny Court, noted the enabling legislation in the Municipal Code says, zs "the money is to be used for .such promotional purposes as the Council shall find will z6 contribute to the growth, enlargement and prosperity of the city and will forward, encourage, z7 advance, help, aid and assist in the growth, enlargement and prosperity of the City. The zs monies collected hereunder by the City shall be used only for the purposes as set forth, and the z9 City may place the moneys collected in a separate fund earmarked only for the purposes as set 3o forth in this section." 31 Introduced by Ross Parkerson, seconded by Jane Hamilton.. 32 AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss 33 NOES: None 34 ABSENT: Read 35 36 37 3~ ItE50. 94-282 NCS TRANSIENT OCCUPANCY TAX AMERICAN LEGION GENERAL FUND MONIES TO MUSEUM 39 Resolution 94-282 NCS approving allocation of $500 to the American Legion for the purpose ao of advertising the Northbay Veterans Day Parade on November' 11 on such items as banners, ai flags and other related expenses. Additionally, the City Council approves $1,850 be az appropriated from the General Fund for the Petaluma Museum. Introduced by Ross a3 Parkerson, seconded by Jane Hamilton. as AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss as NOES: None a6 ABSENT: Read Page 3G6, Vol. 28 October 17, 1994 ORD. 1970 NCS REGULATION OF TREES Introduce Ordinance 1970 NCS which deletes the current Municipal .Code Chapters 13.08, 13.10 and 13.12 and which rewrites them in their entirety. Introduced by Ross Parkerson, seconded by Jane Hamilton, and ordered published. AYES: Parkerson, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Read ADJOURN At 4:10 p.m., the City Council adjourned to DeSchmire Restaurant, 304 Bodega Avenue for dinner. RECONVENE ANI) ROLL CALL Present:. Parkerson, Read, I=Iamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss ~ , . Absent: None PLEDGE OF ALLEGIANCE MOMENT OF SILENCE COUNCIL C®1VIIVIENT D~b~r ~- Ross Parkerson -there will be a tree workshop at the Community Center on-£~~2. Nancy Read -the construction project at Old Redwood Highway and U. S. Highway 101 is moving right along. Lori Shea -asked for a discussion of the policy on how to respond to public comment at that agendized item. Carole Barlas -asked again for a discussion item about how the agenda is developed and how someone can get an item on the agenda. PROCLAMATIONS Red Ribbon Week was. proclairried for the week of October 23-31. The proclamation was presented to Dick Sharke of the McDowell Drug Task Force. United Nations Day was proclaimed for October 24. A flag was presented. to the City by a representative of the United Nations 50th. Anniversary, Mr. Jim Crane.. He said the City could fly the flag only one day or it could fly the flag for' an entire year in honor of the 50th Anniversary. PRESENTATION Minor League Baseball. Franchise - Rohnert Park: The Rohnert Park .Minor League Baseball Franchise will be active next Spring. Mr. Bob Fletcher, President of the Sonoma County Professional Baseball Association, addressed the City Council. October 17, 1994 Vol. 28, Page 367 L With the major league baseball salary impasse in effect, there has been no opportunity for a Californians to enjoy the Nation's "National Pastime". This has brought new interest into the 3 minor league baseball. There will be several teams on the West Coast. Mr. Fletcher noted the a cost to attend a minor league game would be much lower than the major league attendance s cost by up to one sixth of the cost. 6 RESO. 94-283 NCS ~ OPPOSE PROP. fl88 -TOBACCO CONTROL ACT s Resolution 94-283 NCS opposing the State Proposition 188 which is on the November ballot. 9 The proposition is less restrictive and less effective in removing tobacco smoke from public io places than the City's smoking regulation ordinance. Introduced by Jane Hamilton, seconded t t by Nancy Read. 12 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss 13 NOES: None is ABSENT: None is RESO. 94-284 NCS i6 FINAL EIR CERTIFIED -RAINIER AVENUE EXTENSION t~ AND INTERCHANGE is Resolution 94-284 NCS certifying, approving and adopting the final environmental impact 19 report for the Rainier Avenue Extension and Interchange project. It was noted the area of any so assessment district is to be determined by the City Council at a future meeting. zi David Keller -commented about the potential cost of the overpass and interchange. 22 Gary Broad -The financial plan for this should be in place before you approve this. The z3 developers who benefit most should pay the most. It should be shown that no downtown Za blight will result from this. Once the Council approves Rainier, it will remove its best zs bargaining chips. This entire project should benefit the community as well as the developers. 26 Council comments: a~ - It is hard to understand why we shouldn't do Washington Street first and see if that 2g will solve the problems. 29 - We are only going to get $80 Million over the next 20 years for transportation. 30 - We have studied what can be done and we are allowing money for Washington Street. 31 - We have talked about building this for 30 years. 3z - Corona-Ely area, the Santa Rosa Junior College, the Petaluma Valley Hospital all were 33 planned with the anticipation of the construction of Rainier. 3a - We continue to come up with residents' fear of being assessed. 3s - The EIR is as complete a document as I have seen in my time here. 36 - The assessment district will not include residential properties. 37 - The interpretation of the_ data that has been given to us is different than what my 3s interpretation is. 39 Introduced by Vice Mayor Sobel, seconded by Ross Parkerson. ao AYES: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss ai NOES: Hamilton, Barlas a2 ABSENT: None Page 368, Vol. 28 RESO. 94 285 NCS FINDINGS, MITI MONITORING P ONS :fs~n° ~e~:. . Resolution 94-285 NCS approving the Rainier Avenue Extension and Interchange Project, adopting specific findings, mitigation measures, monitoring program, and a statement of overriding considerations:. Introduced by Ross Parkerson, seconded by Lori -Shea. AYES: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: Hamilton, Barlas ABSENT: None MARTHA STREET Mr. Victor Thuesen, 14 Martha .Street -requested the City close Martha Street. This request was considered by the Traffic Committee, street closure was rejected by the Traffic Committee, and appealed to the City Council. The discussion included closing Martha Street half-way up the hill, closing it only at night, closing it entirely, or leaving it .open. The steep street is one way in a westerly direction, going up-hill to Kentucky Street. Mr. Thuesen noted he has tried to contract the Dunaways regarding the issue; however, he has not been able to reach them. The Dunaways have requested the street not.. be closed because of the fact they use the street for access to the rear of their business. He suggested the City continue the matter until he can-make contact with the Dunaways. 'After some discussion, it was moved by Vice Mayor Sobel, seconded by Ross Parkerson, that the matter should be referred to Messrs. Thuesen and Dunaway for possible resolution, and then referred to the Traffic Committee. AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None RECESS 8:40 to 8:50 n.m. RESO. 94-286 NCS PETAI,UMA CINEMAS EXPANSION - EIR This is a 16.35 acre site which includes the existing 8-screen, 1,928 seat multiplex theatre. The Pacific Theatres -Petaluma Cinemas propose to construct a new `8-screen, 1500 seat cinema complex with retail (53,500 square feet) and restaurants (9,000 square feet and 5,000 square feet) in separate areas. It was the Council's feeling the guidelines should include avillage-like clustered design for the satellite businesses with no franchise ~s being acceptable and staff was asked to include appropriate language. Staff will also incl~ide that condition in the development standards that will come before the Council at the next etng. October 17, 1994 GE ~~ a`(~S ~-~ J October 17, 1994 Vol. 28, Page 3G9 Resolution 94-286 NCS certifying, approving and adopting the final environmental impact report for the Petaluma. Cinemas Expansion at their location on North McDowell Blvd. Introduced by Ross Parkerson, seconded by Lori Shea. AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None ~ RESO.94-287 NCS s PETALiJMA CINEMAS EXPANSION -FINDINGS v MITIGATION MEASURE MONITORING PROGRAM no Resolution 94-287 NCS adopting specific findings regarding environmental impacts and nn mitigation measures for the Petaluma Cinemas Expansion. Introduced by Ross Parkerson, i2 seconded by Lori Shea. 13 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss na NOES: None is ABSENT: None 16 ~ ORD. 1971 NCS t~ REZONE AREA FOR PETALIJMA CINEMAS ng Introduce Ordinance 1971 NCS rezoning 16.35 acres located at 1363 North McDowell from i9 ML-FPC (Light Industrial Flood Plain Combining District) to PCD-FPC (Planned Community 20 District with the Flood Plain Combining District). Introduced by Ross Parkerson, seconded 2n by Lori Shea. 22 AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss z3 NOES: None 2a ABSENT: None 2s RESO. 94-288 NCS 26 TRAFFIC SIGNAL CONTRACT -FOWLER BROS. ELECTRIC 2~ This came to the Council for award of contract; however, there were a number of residents of 2s the area who spoke to the Council requesting this intersection not be made into a fully 29 signalized intersection. Their reasoning was there would be the loss of parking in front of 16 3o houses. This would then move the vehicle parking into areas that do not experience that now. 3n Some of the vehicles parked on the streets are commuter cars and some are local resident 32 cars. Speakers included: 33 Tony Lama, 995 South McDowell - we will lose 2 parking spaces at each house. Put in a 34 blinking red light. 3s Pamela Gianola, 1004 Catalpa Way -there was insufficient notice. Not everyone in the 36 neighborhood was notified. If :it isn't broke, don't fix it. A signal will change the flow of 37 traffic. Where .are the commuters going to park? 3s Cheryl Casteen; 1001 South McDowell -the stop signs that are currently on site are difficult 39 to see. She handed a petition with 200 names expressing their opposition to the traffic signal ao lights and the red curb markings.. The residents want no left turn pockets because that causes an the loss of parking. Why not use a flashing red light. Your Traffic Engineer Allan Tilton said a2 that traffic signals will actually increase the speed of vehicles traveling through that a3 intersection. The signal is estimated to cost $89,833; the flashing red light would cost a4 $30,000. She questioned the figure of 15,000 vehicles passing that location each day. as Dennis Saltzman, 916 South McDowell -some people go to work very early. It would be a6 difficult to jockey vehicles. It would be hard for us to lose our parking. His car has been a7 vandalized and he wants to park in front of his home. .i I Page 370, Vol. 28 October 17, 1994 `'~ti't~ Adam :Miller, 916 South McDowell -they have five cars at their home sand have experienced vandalism also. Michael Casteen, .1001 South McDowell °- his ear was damaged also. This is dangerous for pedestrians. This would disrupt the peace ~of the neighborhood. Save the taxpayers some money. Put a flashing red light with a shield and this will.. not affect the homeowners. Sue Ellen Thompson, 1013 Palmetto Way. -she was not noticed either. Please take this back to a committee where all neighbors could have notice. Perhaps you could change the route of the commute bus. This is distressing. Why hasn't someone from the City talked to Golden Gate Transit to move the bus stop? Laura Penman-Tapia, 923 Ashwood Court -spend the money on something like schools. I want my child to walk to school. I also did not receive notice. Fernando Esponda; 924 Palmetto Way -appreciate the opportunity to talk to you. .Have you considered speed bumps? You have them on Madison Street. I am against the light. I am a Golden Gate Transit Driver. Petra Magee, 924 Catalpa Way -opposes the traffic signal. Anne .McHugh, 1001 Catalpa Way -doesn't think a traffic light is the answer. Maybe a flashing light would be .okay. Change the bus route. Joe Glayworth, 1031 Arthur Court - is against the stop light. A stop light is going to make accidents worse. You would be removing parking for neighbors' parties. The Mayor asked why a flashing light would not be good. The Traffic Engineer showed an overhead of the collisions at that intersection and noted the benefit of the traffic signal is for air quality. The Council asked for a range of options. Staffadvised that if the grant. money was not used for this stop light installation, it could not be used for another City :project. The low bid from Fowler Bros. Electric. of Petaluma was $89,833. The expenses of the project were estimated to be $141,051.3'5. The staff report advised that Federal Intermodal Surface Transportation Efficiency, Act (ISTEA) funding would be $80;000, State Funding would be $14,000 • and Traffic Mitigation fees would be $60,.000. City Manager John Scharer advised the Council that staff would obtain the costs of installation of a flashing light, check the accident history of the intersection, and will discuss with the Golden Gate Bridge District about the possibilities of altering the route and/or changing the location of the bus stop. When the issue comes back to the Council,. staff was asked to notify the persons who signed the petition as well as the speakers this evening. Resolution 94-288 NCS rejecting all bids on the contract for installation of a traffic signal at McDowell Blvd. South and Baywood Drive. Introduced by Jane Hamilton, seconded by Lori Shea. AYES: Earkerson, Read, Hamilton, Barlas, Shea, Vice Mayor So6e1„Mayor Hilligoss NOES: None ABSENT: None AMEND ZONING OItD. 1072 NCS BARS. COCKTAIL LOUNGES The Council had before it an ordinance amending Zoning Qrdinance 1072 NCS by removing bars and cocktail. lounges as permitted uses and to establish regulations to govern alcoholic beverage establishments. October 17, 1994 Vol. 28, Page 371 i The Council had asked staff if the ordinance outlines what a business applicant would expect 2 to experience irr making an application for a business such as Kodiak Jacks. Wayne Vieler of 3 Kodiak Jacks noted that there was no document that made available to him when he applied a for permission to operate four months ago that outlined the steps and the processes involved s in going into business at that location on Petaluma Blvd. North. 6 Michael Sparks of the Petaluma Teen Alcohol Project suggested the City should look at the ~ density of establishments which are able to sell alcohol in the downtown area. By allowing the s alcohol problems to exist downtown, it sends a signal to the teenagers that the drinkers' 9 actions that cause the problems are acceptable. He also said that kids get more liquor .from io the "off sale" outlets. ii Barbara Graves of the Petaluma Teen Alcohol Project spoke in support of the ordinance. 12 Seller training should be utilized by everyone who sells alcoholic beverages. 13 Onita Pellegrini, Executive Director of the Chamber of Commerce. Who will police this? is Will this bring higher fees? Why not lighten the workload of staff, not increase it? Of the 120 is business who were notified of this proposed ordinance, will all of them have to pay $718 to t6 enable them to go through the use permit process? i~ Bryant Moynihan, 111 Post. Street -agrees with the Chamber of Commerce. The application i8 process is getting longer and longer. This will cause fees to increase. What kind of message i9 are we sending to businesses? This does not seem to coincide with what the Budget 20 Committee has recommended. 21 22 23 24 2s 26 27 It was moved by Jane Hamilton and seconded by Carole Barlas to send the ordinance to the newly formed organization of business establishments that would be affected by the ordinance for review and comment. The organization is called Petaluma Hospitality Group. AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None 28 /~ ~ AD.~O~~ 29 At 11:25 p.m. the meeting was adjourned. / // o/ 30 Patricia Hilligoss, Mayor 31 ATTEST: 32 atricia E. Bernard, City Clerk 33 i