HomeMy WebLinkAboutCity Council Minutes 09/07/1994
September 7, 1994
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Vol. 28, Page 321
i MINUTES' OF ,A REGULAR MEETING -
a PETALUMA CITY COUNCIL
3 WEDNESDAY, SEPTEMBER 7, 1994
a R®LL CALL 3:00 n.m.
s Present: Parkerson, Read, Hamilton, Mayor Hilligoss
6 Absent: Vice Mayor Sobel, Barlas, Shea
7 ~ PUBLIC C®MMENT
s Jack Balshaw said that some of the antics on the public access Channel 31 have been
9 disgusting and the person who was responsible should not be allowed to use the public
io access channel again.
ii - The right turn lane markings at Washington/McDowell and at two sites on Petaluma
i2 Blvd. are completely disappearing. He asked if they could be restriped.
13 - He asked about the Consent Calendar item on the police bicycles. The City Manager
to noted that at the time the police bicycles was on the agenda before, there was insufficient
is funding to purchase them. The State has reevaluated the purchase and increased the grant
16 for the bicycles.
17 - Regarding the discussion of color of buildings downtown. Whatever action you take
to should be directed to the old buildings downtown. Mayor Hilligoss noted that the study of
i9 building colors will be continued until such time as Lori Shea is present. This was her
ao request.
Zt - The traffic study that was contracted for at East Washington and McDowell Blvd.
z2 should be complete soon. The public should be able to have access to that information.
s3 MINUTES
za The minutes for August 8 were approved as submitted.
2s The minutes for August 15 were approved as submitted.
26 The minutes for August 22 were approved as amended, Page 314, Line 20, change date to June
27 30, 1997.
is The minutes for August 29 were approved as submitted.
z9 CONSENT CALENDAR
3o The following items which are .noncontroversial and have been reviewed by the City Council
31 and staff were enacted by one motion which was introduced by Ross Parkerson and
32 seconded by Jane Hamilton..
33 AYES: Parkerson, Read, Hamilton, Mayor Hilligoss
34 NOES: None
35 ABSENT: Vice Mayor Sobel, Barlas, Shea
36 RES®. 94-244 NCS
37 CLAIMS ANI) BILLS
3s Resolution 94 244 NCS approving Claims and Bills #38677 through #39019.
Page 322, Vol. 28 September 7,1994
RESO. 94-245 NCS
GRADING -LIBERTY FARIVIS
Resolution 94-245 NCS approving grading before final map for Liberty Farms.
a RESO. 94=246 NCS
s APPOINT I-7ISTORICAL & CULTURAL COIVIIVIITTEE
Resolution 94-246 NCS appointing Elbert "Hoppy" Hopkins to represent the Museum and
James "Jim" Webb to represent Heritage Homes on the Historical and Cultural Preservation
Committee.
9 RESO. 94-247 NCS
io APPROPRIATIONS LIMIT
u Resolution 94-247 NCS adopting the appropriations limit for the 1994-95 fiscal year.
is RESO.94-248 NCS
13 BUDGET - I~ 1994-95
is Resolution 94-248 NCS adopting the 1994-95 fiscal year budget.
is ORD. 1964 NCS
16 APPROPRIATIONS
i~ Introduce and adopt Ordinance 1964 NCS appropriating funds for the 1994-95 fiscal year.
is RESO.94-249 NCS
i9 POLICE BICYCLES
20 Resolution 94-249 NCS authorizing the. purchase of 10 trek Police bicycles for $9,500.
2i * * * * * End of Consent Calendar
za P G & E RATES
23 PGandE Manager Mindell Lewis Penn, introduced Randy DeCaminada, who explained the
2a deregulation of natural gas and the future deregulation ofelectricity. The natural gas was
2s deregulated in 1.988 and the electricity will follow suit on January 1, 1996. The California
26 Public Utilities Commission is holding hearings on the process at this time.
z~ The larger users will have the first opportunity to purchase electricity from electric
zs generation: firms other than PGandE. They anticipate that the residential customers will have
z9 an opportunity to look at the possibility of purchasing their electricity from another source in
3o about 2002. He noted that the process m California will most likely set the standard for the
31 rest of the country.
32 The electricity rates have been frozen since ,July of 1993 for all classes of customers. This
33 freeze will continue through 1995 and 1996, when there may even be a rate reduction.
34 PGandE will charge the other electric generators a "use fee" for utilizing their electricity
3s transmission lines. The standard' residential rate as of January 1, 1993, was 12.8 cents and
36 commercial was 13.5 cents (now it is 13 cents).
September 7, 1994
Vol. 28, Page 323
i DAVID D. YOUNG REQUEST
2 TO EXTEND SEWER MAIN COST RECOVERY AGREEMENT
3 David D. Young has requested an opportunity to extend the ten year cost recovery
a agreement executed on August 20, 1984, His attorney advises that there is a potential
s reimbursement to him from Roundwalk Village; however, the ten year agreement is at its
6 termination time. The attorney presented a letter to the Council at the meeting. This letter
~ questioned the date from which the ten-year time is calculated. The Council referred the
s matter to staff for research. This will be placed on the next agenda if possible.
9 TEEN PROGRAM STATUS
io Recreation Director Jim Carr noted the summer season is coming to a close and the
ii programs for the teens that were successful included Saturday nights at the swim center
12 where there were up to 40 teens a night brought in by parents. The Petaluma People
13 Services Center was awarded a grant on gang violence. This money will be used to train
is 100 students and 25 instructors, who will then train their peers on the subject. They will be
is meeting with the Fourth District Agricultural Association Fair Board on September 21 to
16 discuss the skateboard park issue. The Council asked staff to look at the area where the
i~ "flower mart" was located on the Fairgrounds. This was suggested for a skateboard park
is area.
i9 ORD. 1961 NC5
zo SPEED LIMITS
21 Adopt Ordinance 1961 NCS establishing radar enforceable speed limits. Introduced by
22 Nancy Read and seconded by Ross Parkerson on August 15.
23 AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
2a NOES: None
2s ABSENT: Vice Mayor Sobel, Barlas, Shea
26
27
ORD. 1962 NCS
ZONING ORDINANCE 1072 NCS AMENDMENTS
2s Adopt Ordinance 1962 NCS amending the text of Zoning Ordinance 1072 NCS. Introduced
z9 by Ross Parkerson and seconded by Council members Hamilton, Barlas and Shea. For detail
30 on the ordinance, please see page 312 of the minutes.
31 AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
32 NOES: None
33 .ABSENT: Vice Mayor Sobel, Barlas, Shea
3a ORD. 1965 NCS
3s PURCHASE MUNICIPAL IIANGAR
36 Introduce Ordinance 1965 NCS authorizing purchase of Municipal Airport Hangar #P-14
37 from the Estate of Jack B. Wheeler through attorney Max A. Mickelsen, Executor, pursuant
3s to the lease agreement between Jack B. Wheeler and the City of Petaluma for $18,000, using
s9 Airport funds. Introduced by Nancy Read, seconded by Jane Hamilton.
ao AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
ai NOES: None
a2 ABSENT: Vice Mayor Sobel, Barlas, Shea
' b~na ik:4} a ~.
Page 324, Vol. 28 September 7, 1994
i RESO. 94-250 NCS
z GRAYSTONE CREEK
3 Resolution 94-250 NCS authorizing. a modification to Graystone Creek Unit 2 tentative map
a condition which relates to construction of Fieldstone Lane and a box culvert over Corona
s Creek connecting Phase II and Phase III until Phase III is built. This resolution amends
6 Condition 2 of Resolution 92-175' NCS adopted July 20, 1992. Steve Bailey, McBail
~ Corporation, advised they plan to construct a temporary roadway adjacent to their sales
a office. This will. give the property additional access until such time as the permanent
9 roadways ate constructed by the adjoining subdivision. The resolution was introduced by
io Jane Hamilton and seconded by Ross Parkerson, with the stipulation the .temporary,
ii emergency road adjacent to the sales office is constructed.
12 AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
13 NOES: None
to ABSENT: Vice Mayor Sobel, Barlas, Shea
is RESO.94-251 NCS
i6 SCWA FUNDS -BST. & EL ROSE STORM DRAIN
i~ Resolution 94-251 NCS authorizing execution of Addendum 1 to the Sonoma County Water
is Agency for transfer of additional Zone 2A funds, in the amount of $80;000, to the City for
19 construction of drainage improvements on the "B" Street a.nd El Rose Storm Drain conduit.
zo Introduced. by Nancy Read, seconded~by Jane Hamilton.
zi AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
zz NOES: None
23 ABSENT: Vice Mayor Sobel, Barlas; Shea
za RESO. 94-252 NCSE
zs BST. & EI, ROSE STORM. DRAIN
z6 HOSPITAL. DISTRICT -STORM DRAIN PAYBACK
z~ Resolution 94-252 NCS authorizing the City of Petaluma. to enter into a storm drain. payback
za agreement with the: Petaluma Valley Hospital District for work being done at El Rose and
z9 "B'" Street. Introduced by Ross Parkerson, seconded by Nancy Read.
3o AYES: Parkerson, Sobel, Hamilton, IVlayor Hilligoss
31 NOES: None
3z ABSENT: Vice Mayor Sobel; Barlas, Shea
33 RESO.94-253 NCS
34 BST. & EL ROSE STORM DRAIN
3s Resolution 94-253 NCS awarding contract to Northbay Construction for the B. Street and
36 El Rose Storm Drain :project. The City Council added. a sentence to the resolution. stating
37 the irregularities,' which were noted on the bid documents; were minor and did not affect the
3s result of the`bidding. Introduced by Jane Hamilton, seconded by Nancy Read.
39 AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
ao NOES: None
ai ABSENT: Vice Mayor Sobel, Barlas, Shea
September 7, 1994
Vol. 28, Page 325
1 DISCUSSION OF COMMERCIAL BUILDING "COLORS"
2 The Council continued the discussion of the possibility of imposing additional. city
3 regulations on painting buildings downtown until such time as Councilmember Shea was in
a attendance, since it was her request.
s CLOSED SESSION
6 The City Council went into closed session to discuss:
~ Government Code §54956.9 -Conference with Legal Counsel on existing litigation: Bernard,
s Petitioner versus Eeve Lewis et al respondents, Robert Greene, Karen Greene ,real parties in
9 interest -Superior Court Case 208709, and
to Government Code §54956.9 -Conference with Legal Counsel on existing litigation: Dolcini
11 versus City of Petaluma -Superior Court Case 184788
Iz ADJOURN
13 The Council adjourned to Dempsey's Ale House for dinner.
la RECONVENE & ROLL CALL 7:00 n.m.
Is Present: Parkerson, Read, Hamilton, Vice Mayor Sobel*, Mayor Hilligoss
16 Absent: Barlas, Shea
17 *Arrived at 7:50 p.m.
Is PLEDGE OF ALLEGIANCE
19 Police Chief Dennis DeWitt led the Pledge of Allegiance to the Flag.
20 MOMENT OF SILENCE
21 COUNCIL COMMENT
zz Nancy Read noted the article in the Sunday Santa Rosa Press Democrat about the Pomo
z3 Indian Casino. Although it appears to be a dead issue, she asked staff to continue to keep in
2a touch with the Makahmo Pomo Indian group and the potential of them building a gambling
zs casino in this area.
z6 Ross Parkerson called attention to the fact that the Rainier question is on the September 12
z~ agenda. He suggested that if there are any questions the Council members may have, they be
2s submitted to staff for response at the meeting. This will allow the City to have a more
29 comprehensive hearing.
30
31
32
RESO.94-254 NCS
LEADERSHIP: DOMESTIC VIOLENCE,
SEXUAL ASSAULT, CHILD ABUSE
33 Resolution 94-254 NCS authorizing the City to take an active leadership role in addressing
34 the serious problem of domestic violence, sexual assault, and child abuse in Sonoma County.
3s The resolution is the result of a Council subcommittee work with the Police Chief and City
36 Attorney. Jane Hamilton who was the Chairman of the Council subcommittee, addressed
37 the Council. She noted the assistance received from Tanya Brannan, Marie de Santos, and
38 Joe Manthey. It was a compromise, which all participants support. Police Chief DeWitt
39 said the Department's methods of processing information for record keeping would be
ao amended to fulfill the request for information. The can run the reports at night or on
al weekends.
Page 326, Vol. 28 September 7, 1994
After the reports are run, there will have to be some minor "person" modification. of the' data
to make it most usable. .Joe Manthey thanked everyone for including him in the process. It
was noted that there is a :group in the County of Marin that is doing somewhat similar work.
Introduced by Jane Hamilton, seconded by Ross Parkerson.
AYES: Parkerson, Sobel, Hamilton, Mayor Hilligoss
NOES: None
ABSENT: Vice Mayor Sobel, Barlas, Shea
s RESO.94-255 NCS
9 GORDON W>FIITE'S APPEAL - 818 BLOSSOM COURT
io The Council received an appeal from Gordon F. White of 752 Paula .Lane regarding the
ii action of the Site Plan ..Architectural Review Committee (SPARC) on Mr: and Mrs.
~2 Arsenault's home to be constructed at 8'18 Blossom Court. The neighbors have expressed
13 their concern about drainage and privacy loss. After the staff presentation, the public
is hearing was opened. Speakers were:
is Chris Lynch, architect.for. the Arsenaults - he reviewed the design, the redesign to reduce the
16 mass of the home and to increase privacy for the neighbors. He discussed the drainage ditch
i~ along the northerly side property line. He discussed. the conditions imposed by the Site Plan
is Architectural Review Committee. Vice Mayor Sobel arrived at 7:50 p:m. Mr. Lynch
19 showed "shadow studies" for winter, spring/fall and summer, thus indicating the maximum
Zo shadow of the proposed home.
2~ Cathy and Steve Arsenault, proposed home owners -they contacted the City to read
zz everything that they could about the location, the subdivision, the .regulations, the
23 requtrements, and the conditions before they proceeded with the land purchase.
Za Gordon White, 752 Paula Lane, appellant -noted he will lose his privacy; he will lose his
2s property value; he will have water running onto. his property; the land is unsuitable for a
z6 house; he doesn't want the house to slide downhill onto his; he lives in a hole; the Sousa
2~ fence is too high; the SPARC approval shows disdain for the Paula Lane residents; and just
Zs because someone builds according to plan, doesn't make it right. He has lived there since
i9 1971 and in 1993 he had his first mud slide. He asked the Council to overrule SPARC.
3o Elizabeth Gaidos, 751 Paula Lane -the house is 2'/s stories high; there is too much height
31 and mass; she objects on the size of it; her memory says this should be 1 to 1'/z stories; and
3a no more; we were invited to the Arsenault's to see the plans, but we didn't go because no
33 one would be there from staff; they will completely lose their privacy; this will affect their
34 property value; they were .insulted because the Arsenaults sat at the SPARC meeting with
3s their backs to the audience.
36 W. K. McCoy, 748 Paula Lane -the Arsenault's are victims of a miserable situation. If you
37 had seen what happened to the Spaletta's and the White's back yards, you would be "hot"
3a too. Mr. Sousa should have built one-story homes there.
39 John Payne, 807 Blossom Court -has lived there 1989. Most of these hillside homes are
ao multistory. We would really like to see all of the.lots built on. Now there is a problem with
ai the bare lots. The kids use them for their entertainment. There are beer bottles left there. It
a2 would be nice to see homes on those lots.
September 7, 199 Vol. 28, Page 327
i He has experienced no erosion at all. Please support the SPARC's action.
z Rob Clark, Civil .Engineer -addressed the drainage. He felt that cementing the french drain
3 would not be as much help as would someone actually doing core samples to determine the
a soil detail. That information would then be valuable to assist in determining the ground
s water, surface and below surface water flow. He has looked at all the reports for this area,
6 but he has done no borings.
~ Mrs. Arsenault -the house is no more than 2 stories; all houses on Blossom Court have
s several levels; regarding privacy, the Paula Lane residents can already look into other
9 peoples homes if they choose to; there is nothing in the CC&R's that say anything about a
io one story house; our design is under the height restriction. The hearing was closed.
ii Planning Director Tuft suggested there should be additional subsurface drainage mitigati;;ti
i2 information developed on these parcels. This house meets the Planned Unit Development
13 guidelines. The conditions of approval should reflect the need for a geotechnical engineer to
is develop mitigation measures for the drainage problems and the possibility of soil instability.
is Staff has not been able to find anything in the files that indicate a one story house was
i6 required. Staff feels they can work with Mr. White (the appellant) and the neighbors to
i~ reso'.ve the concerns. We will try to see that the ground water is intercepted; but, she noted
is that depending on the type and amount of rainfall, it cannot be guaranteed that all runoff can
i9 be contained and redirected.
Zo The Council expressed the hope that the information gleaned from the geotechnical expert
ai can be utilized in planning the development of the adjoining and neighboring lots. The
z2 Council approved the addition of the geotechnical requirement as well as the other SPARC
23 conditions.
za Resolution 94-255 NCS' was moved by Vice Mayor Sobel and seconded by Jane Hamilton to
zs deny the appeal of Mr. White and to uphold the SPARC conditions of approval of the
26 Arsenault home; and the geotechnical mitigations shall be incorporated in the conditions of
z~ approval of the house. If the house can be stepped into the hillside some more, that would
2a be nice.
29 AYES: Parkerson, Sobel, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
3o NOES: None
31 ABSENT: Barlas, Shea
32 RECESS 9:25 to 9:35 p.m.
33 RESO.94-256 NCS
34 RESIDEN'>cIAI, PERMIT' PARKYNG ZONE
3s OXFORD COURT
36 The residents of Oxford Court which is adjacent to Putnam Regional Park have petitioned
37 the City for relief from the potential danger of fire and other disturbance resulting from users
3s of Putnam Park utilizing their street for parking rather than accessing the Park through the
39 park entrance gate. This is particularly a problem for the residents between the hours of
ao sunset to sunrise. The hearing was opened. Dr. Michael .Lennon told the Council what a
ai nice opportunity it is to go up there for a walk after work. He supports the residential
az parking permit between,sunset and sunrise. There was no one else wishing to speak, and the
a3 hearing. was closed. Resolution 94-256 NCS was introduced by Ross Parkerson and
a4 seconded by Jane Hamilton.
as AYES: Parkerson, Sobel, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
a6 NOES: None
a7 ABSENT: Barlas, Shea
Page 328, Vol. 28 September 7, 1994
1 ORD.. 1966 NCS
a POLICE COST ITECOVEItY -
3 COMMERCIAL, ESTABL.iSHMENTS
a Introduce Ordinance 1966 .NCS allowing of cost recovery for police services rendered on
s disturbance calls at commercial establishments. The police services include, but: are not
6 limited to, disturbing. the peace, battery, assault, brandishing a weapon, and assault with a
~ deadly weapon. Records on the details of each will be kept by :the Police Department.
s When an establishment has generated the fourth Police response within a six month period of
9 time, it will be billed for the. costs involved. Those costs will include, but not be limited to,
io the cost of personnel and equipment as computed by the City Finance Department (not to
ii exceed $1,000) per incident. The City may eek.reimbursement for actual costs exceeding
is $1,000. Police Captain Pat Parks responded to Council questions.
13 Jeff Harriman, owner of McNear's Saloon and. Dining House -spoke in opposition to their
is establishment being grouped with the problem spots downtown.
is Ken O'Donnell, McNear's -spoke in opposition to being grouped with the problem spots
i6 downtown and in opposition to the newspapers 'including the name of their establishment in
i~ relation to problems. They are happy to work with the Police.
is ICatha Hair -asked about having security when occupancy is over a certain number.
19 Planning Director Pamela Tuft noted there is a conditional use permit wording amendment in
Zo the works which will be of assistance with future applications, but not with the .present
Zi businesses. The Ordinance was introduced by Vice Mayor Sobel and seconded by Ross
22 Parkerson.
23 AYES: Parkerson, Sobel, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
2a NOES: None
2s ABSENT: Barlas, Shea
z6 ORD. 1967 NCS
27 PARK AND RECREATION FEE
as Introduce Ordinance 1967 NCS amending Section §20.34.190 of the Municipal Code to
29 allow apartments to be included in the Park and Recreation Fee. schedule. Introduced by
3o Ross Parkerson, seconded by Jane Hamilton.
31 AYES: Parkerson, Sobel, Hamilton; Vice Mayor Sobel, Mayor Hilligoss
32 NOES: None
33 ABSENT: Barlas, Shea
3a ADJOURN
3s The meeting was adjourned at 1D:10 p.m.
36 M. Patricia Hilligoss; ..Mayor
37 ATTEST:
_--
3s atricia E. Bernard, City Clerk .
39