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Home My WebLink AboutCity Council Minutes 03/07/1994March 7, 1994 Vol. 28, Page 155 MINUTES OF A REGULAR MEETING PETALUMA CITY COUNCIL MONDAY, MARCH 7, 1994 Present: Nelson, Sobel*, Hamilton, Barlas, Shea, Hilligoss Absent: None * -arrived at 4:00 p. m. ROLL CALL 3.p.m. Vice Mayor Read, Mayor 9 PUBLIC COMMENT to Jack Balshaw, 1680 Kearny Court -Because of their small stature, he questioned whether i t or not the trees at the entrance of the Municipal Airport have been tended to by the City. is Jim Carr, Recreation Director, noted that a water line has been extended to those trees 13 and as soon as the weather dictates, the sprinklers will be turned on. is Jack Balshaw also asked about the number of patrol officers in the Police Department is versus the number of police management personnel. ~6 MINUTES i~ The minutes for the February 22 meeting were approved as amended: is Page .147, Line 43 - change Brian Nelson to Bonnie Nelson ~ 19 Page 149, Line 6 -change "motion" to "resolution";~ Zo Line 25 -delete phrase "for the youth";~ Zt Page 152, Line 17 -delete words in sentence after "increase";~%'~ as Page 153, Line 20 -add, "Mr. Friedman accused the Planning staff of changing their z3 recommendation after the Friedman firm had sub~xitted an initiative regarding how the i4 City spreads the cost of traffic .improvements. ~/ as Page 154, Line 9 -change address to South McDowell; 26 Line 27 -add, "...Council, and he had worked for the railroad for many years. a~ CONSENT zs The following items which are noncontroversial and have been reviewed by the City z9 Council and staff were enacted by one motion which was introduced by Vice Mayor Read 3o and seconded byy Lori Shea. 31 AYES: Nelson, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss 32 NOES: None 33 ABSENT: Sobel 34 RESO. 94-38 NCS 3s CLAIMS AND BILLS 36 Resolution 94-38 NCS approving Claims and Bills #34391 through #34642. `.r' 37 RESO. 94-39 NCS 38 .CASH GRANDE GRADUATION 39 Resolution 94-39 NCS approving the waiver of rental fees for the Petaluma Community ao Center (Lucchesi Park) for the 1994 Project Graduation Celebration for Casa Grande ai High School. Page 156, Vol. 28 March 7, 1994 i RESO. 94-40 NCS 2 AUTHORIZED SIGNATURES 3 Resolution 94-40 NCS authorizing signing and endorsing checks: a John Scharer, City Manager and Deputy City Treasurer s Gene Beatty,; Assistant. City Manager, .Deputy City Treasurer 6 David W. Spilman, Finance Director, City Auditor-, Treasurer ~ Patricia B. Bernard', City Clerk, Deputy City Treasurer a Paula M. Cornyn, Controller 9 RESO. 94-41 NCS io FBI APPRECIATION i i Resolution 94-41 NCS authorizing. submittal of resolution of appreciation to Federal 12 Bureau of Investigation for their assistance with the Polly ICiaas crinunal investigation. 13 * * * * * End of Consent Calendar is ORD. 1948 NCS is SALE LAWLER RESERVOIR .AND 3 FILTER PLANTS ~6 Adopt Ordinance. 194$ NCS authorizing the sale of surplus properties on Manor;Lane and ~~ a 13.94 acre parcel upon Sonoma Mountain commonly known as Lawler Reservoir. is Introduced by Bonnie Nelson. and seconded by Lori Shea on February 22, 1994. 19 AYES: Nelson, Sobel, Shea, Vice Mayor Read, Mayor Hilligoss 20 NOES: None 21 ABSENT: None 22 ABSTAIN: Hamilton, Barlas 23 RESO. 94-42 NCS 2a CONCERN ABOUT MAKAHMO POMO ACTION 2s Resolution. 94-42 NCS expressing concern to the Sonoma County Board. of Supervisors 26 regarding the proposed urbanization of unincorporated properties by the Makahmo Pomo 2~ Indian Nation. The property in.,question is located south of P-etaluma. It is the intention 2s of the .Indian nation that they develop the 265 acre "Ford" property just south. of Haystack 29 Landing and running south along U. S. Highway 101 and easterly o the Petaluma River. 3o The six parcels involved are beyond the City's Urban Limit Lirie and Urban ;Separator. 31 The resolution outlines the General Plan specifics that this project would not. conform to 32 and calls the attention of the Board of Supervisors to those items. 33 Speakers for the Indian Nation included Richard Lapping, 2 Embarcadero Center, San 3a Francisco, the tribal attorney; Terrance Brown,. Executive Officer; Adrian 'Santiago; .and 3s Claudie Rickman. According to the presentation they originally were moved to Lake 36 County. as the result of the Federal Treaty of Fernando Feliz during :President Polk's 37 term. The tribe agreed to locafe at Clear Lake in return for stipulated rights to provisions 3s and tools for the people's support and development. The City Council was .told the tribe 39 was kept there like prisoners of war because the United States failed to honor the terms ao with all of the California Indian tribes.. The treaties were rejected on July 8, .1'$52. Upon ai the release of the Indians and. their return to their home area,. they found white settlers a2 living on their homelands.. So, they became homeless. The Federal government then a3 authorized purchase of 27.5 acres for the Pomo :Indians in Cloverdale. Ultimately,, the a4 Tribe lost its land in Cloverdale and the freeway was ..recently built. through the land they as had settled. They are attempting to acquire a land base for housing their people. March 7, 1994 Vol. 28, Page 157 i They said they wish to be cooperative with the local agencies. However, should the 2 Federal Government allow the land 'use to be given to the Makahmo Pomo Indians, there 3 would be no real local regulatory authority. They said that this would be the ninth city in a the County and would have 160 residents. Councilman Sobel arrived at 4:00 p. m. They s are still in the planning process. The City Council was told the Makahmo Pomo Indians 6 are willing to move to preserve and protect the visual corridor. In this specific area, ~ there are 20 acres of commercially zoned land where the tribe would do their commercial s work. Small computer type of work was mentioned by Mr. Brown. Their attorney 9 advised that Sonoma County will be advised when the Federal agency has begun to io process their application for the land in question to become Indian land. 11 It was noted this is a land use issue and the project would be in violation of current 12 planning and zoning. Councilmembers commented about the potential for opening up 13 this land to commercial activities which is of concern to both Sonoma and Marin is Counties. Also noted is the fact there would be a lack of public hearings on this type of is land use application due to the fact that the Bureau of Indian Affairs would be in control. 16 The resolution was introduced by Vice Mayor Read and seconded by Lori Shea. 17 YES: Sobel,. Hamilton, Barlas, Shea, Vice Mayor Read 18 NOES: Nelson, Mayor Hilligoss 19 ABSENT; None 20 RES®. 94-43 NCS 21 DENY TAC® BELL, APPEAL 22 Resolution 94-43 NCS denying an appeal of the Planning Commission's denial of a 23 Conditional Use Permit for the construction of a 2,000 square foot fast food restaurant in 2a Washington Square Shopping Center and upholding the Planning Commission action. 2s The resolution determines the action is exempt from CEQA. This confirms the Council 26 consensus at the February 22 meeting. Introduced by Lori Shea seconded by Brian 27 Sobel. 28 AYES: Sobel, Shea, Vice Mayor Read, Mayor Hilligoss 29 NOES: None 3o ABSENT: None 31 ABSTAIN: Nelson, Hamilton, Barlas 32 RESO. 94-44 NCS 33 CALL ELECTI®N -POLICE AND FIRE AD 3a Resolution 94-44 NCS calling and giving notice of a special municipal election to be held 3s on Tuesday, June 7, 1994, for submission to the voters of a question authorizing the City 36 Council to levy a special assessment for the partial cost of police and fire services 37 protecting real property. Inquiries were received from Bob Breen on behalf of Citizens 3a for Responsive Government and Brian Hayes. Mr. Breen suggested the measure should 39 have a 2/3 vote if Police funding is included. The following paragraph is the ballot ao wording for the election measure: MAY THE PETALUMA CITY COUNCIL, FOR TEN YEARS, LEVY A '• MAXIMUM SPECIAL ASSESSMENT OF $62.00 ANNUALLY PER DETACHED SINGLE-FAMILY DWELLING AND AMOUNTS FOR 1'ES OTHER LAND USES AS STATED IN THE ASSESSMENT REPORT ONLY FOR POLICE AND FIRE SERVICES PROTECTING REAL PROPERTY NO SAID REVENUES ARE TO BE ADDED TO THE CURRENT GENERAL FUND ALLOCATION OF $9.S MILLION FOR POLICE AND FIRE SERVICES~~ .ti Page 158, Vol. 28 March 7, 1994 Resolutions #94-44 NCS hrough #94-48 NCS were introduced by Vice Mayor Read and seconded b. Carole Barlas. AYES: Nelson, Sobel, Hamilton, Barlas; Shea, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: None ~ RESO. 94-45 NCS a CONSOLIDATE -POLICE AlVI) FIRE AD 9 Resolution 94-45 NCS requesting the Board of Supervisors to consolidate a Special io Municipal. Election to be held on June 7, 1994, with the Statewide Primary Election. ~i RESO. 94-46 NCS tz ARGUMENTS -POLICE AND FIRE AD 13 Resolution 94-46 NCS setting priorities for the filing of written arguments regarding the is question of whether or not the Petaluma City Council may levy,. for a period of ten years, is a special assessment for the partial costs of Police and Fire Services protecting real estate. ~6 At the February 22 meeting the. City Council agreed that Mayor Hilligoss, Vice Mayor ~~ Read and Brian Sobel would file a written argument in favor of the Police. and Fire is Services Assessment District measure. 19 RESO. 94-47 NCS 20 IMPARTIAL ANALYSIS -POLICE AND FIRE AD 2t Resolution. 94-47 NCS directing the City Attorney to prepare ari impartial analysis of a 22 ballot measure on a proposed Special Assessment for a period of ten years for the partial z3 costs of Police and Fire Services protecting real property. 2a * * * End of Election Items * * * zs RESO. 94-48 NCS 26 SEQUOIA ESTATES LANDSCAPE ASSESSMENT DISTRICT z~ Resolution 94=48 NCS initiating proceedings for Sequoia Estates Landscape Assessment 2s District. This is .located on either side of Smokey Mountains. Drive, westerly. of Maria z9 Drive and consists of nine lots. Resolutions #94-48 NCS and- #94-49 NCS' were 3o introduced by Vice Mayor Read, seconded by Carole Barlas. 31 AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss 32 NOES: None 33 ABSENT: None 3a RESO. 94-49 NCS 3s SEQUOIA ESTATES LANDSCAPE ASSESSMENT DISTRICT 36 Resolution 94-49 NCS ordering. 'Improvements for Sequoia Estates which is .located 37 Smokey Mountains Drive. It was noted that there are Landscape maintenance contracts 3s that need to expire before the Old Adobe Development group can be considered for that 39 work. ao * * * End of Landscape Assessment District ,. ,: ~.-rirrrsA:: .- March 7, 1994 Vol. 28, Page 159 t RESO.94-50 NCS 2 F'iJNDING ALLOCATION TO PETALUMA VISITORS' PROGRAM 3 Resolution 94-50 NCS approving a total allocation of up to $165,000 of Transient a Occupancy Tax monies to the 1994-95 Petaluma Visitors' Program which is run jointly s with the Petaluma Area Chamber of Commerce. The Councilmembers alerted the 6 representatives .from the Petaluma Visitors' Program that this level of funding may not 7 remain static in the future. Introduced by Brian Sobel, seconded by .Bonnie Nelson. 8 AYE5: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss 9 NOES: None 1o ABSENT: None i i GRAND JURY REPORT iz RESPONSE 13 This last year the Sonoma County Grand Jury commented on each city's contracts on is refuse hauling. Councilmembers asked for a copy of the Joint Powers Agreement is response on this same subject to the Grand Jury. The Council concurred with the City's i6 response to the Grand Jury. 17 MIDYEAR BUDGET REVIE~?V is At 4:55 p.m., the mid-year budget review was continued to another meeting due to the 19 lateness of the hour. 20 CLOSED SESSION zt The Council went into closed session to discuss litigation and significant exposure to 22 litigation. 23 AD.TOURN TO DINNER 2a The Council adjourned to dinner at De Schmire at 6:00 p.m. zs RECONVENE and ROLL CALL 26 Present: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor 27 Hilligoss 2s Absent: None 29 PLEDGE OF ALLEGIANCE 3o Dick Sharke led the Pledge of Allegiance to the Flag. 31 PUBLIC COMIVIENT 32 Dick Sharke, 1712 Orinda Court -noted there will be a meeting at 7:00 p.m., 33 Wednesday evening, at La Tercera Multi-use Room, to discuss Gang Awareness. 34 Martha Strauft, 212 Bassett Street -expressed her displeasure at the construction of 3s ho~u~s~e at 201 Bassett Street. This item was approved by the City Council on June 21, 36 ~99"~~and was discussed again on July 6, 1993. 37 Mary Grady, 209 Bassett -also spoke against the Bassett Street housing construction. 38 COUNCIL COMMENT 39 Lori Shea -the Council needs to talk about gang activity and youth violence on an ao agenda. r . ~ (~~ Page 160, Vol. 28 March 7, 1994 tg~~ ~':,,..... i Jane Hamilton -would also like to discuss this. She asked if the City has jurisdication 2 over the handling of youth offenders. City Manager Scharer said this would be on the 3 first agenda in April. a Brian Sobel - we have overlooked the accomplishments of the youth such as the s Educational Decathalon team from Casa Grande High School. He asked that they come 6 to a meeting so they can be publicly acknowledged. ~ Vice Mayor Read -she attended the recent youth meeting at Lucchesi Park Community a Center and commended all the participants. She encouraged a continuation of the 9 dialogue which was entered into by the youth at that meeting. io Carole Barlas -violence has appeared in the newspaper so much, it makes her feel bad ii about the pointed attention there is about this. She invited the press to focus on the good i2 things. 13 AGENDA CHANGES is Mayor Hilligoss noted the Groody appeal was removed from the agenda at the request of is Ms. Groody. is Mayor Hilligoss also noted that after the agenda was distributed, there was a last minute v response to the environmental documentation of the Mobilehome item. She asked the is City Attorney to explain why the Council would not consider the matter at this time. i9 City Attorney Richard Rudnansky noted the City received letters regarding the ordinance ao and Environmental Quality Act review after the packet was distributed and too late for Zi staff to develop an adequate response. The mobilehome residents who want the ordinance 22 to be adopted by the City are asking the City to put themselves on he line.. There. is the i3 potential of litigation in this matter, and he recommends the City do its utmost to be 2a certain all the necessary actions are taken in the appropriate manner before the City goes Zs ahead with the proposed mobilehome rent stabilization program. 26 Several mobilehome residents told their Council how very disappointed they felt about 2~ one more delay in a series of postponements. They wondered, why the environmental Zs documentation was not take care of several months ago. They said these. delays are Zv hurting .mobilehome residents. Speakers were Terry Rankin and Cathy Stewardson. 3o The City Attorney explained again, as did the Planning. Director, why this continuance 31 has occurred. Councilmembers noted that there are approximately 300. mobilehome 32 residents who are not on a lease; and it is only those persons without a lease who would 33 benefit immediately from this. This will be back on the agenda at the earliest time. 34 There was some audience reaction when Paul Deffeback from the Mobil`ehome Owners 3s association said the leases are the residents best deal. 36 5 MINUTE BREAK ' 37 There was a five minute break to allow the mobilehome residents, who wished to do so, 3s to leave the .meeting. ~.~ .. March 7, 1994 Vol. 28, Page 161 1 STATZJS -NEW SEWER PLANT 2 The Council heard from. Geoffrey Yarema of Nossaman, Guthner, Knox & Elliott, and 3 Patrick Gallagher of Camp, Dresser, and McKee, special counsel and technical consultant a respectively, for the procurement and planning process for the new wastewater facility. s The City Staff team consisting. of the City ~ Manager, Assistant City Manager, City 6 Engineer, Finance Director and Associate Planner have been working with the legal, 7 technical and management issues which are the -key to the wastewater treatment facility a procurement process. The procurement team is recommending that the City pursue only 9 a service agreement approach, in other words full privatization (a privately owned to facility) and not the facility approach (aka publicly owned facility). 11 Geoff Yarema reviewed the complicated parameters within which. they are working to 12 assist in the development of a new wastewater facility. The City Charter, the State's 13 Local Government Privatization Act, the California Environmental Quality Act, and the 14 Internal Revenue Service all have an impact on legal issues in the process. is The City Council was clear in its wish to have some method by which they can compare 16 the costs of privatization versus public operation of the new facility. The Council also 17 asked that the Wastewater Citizens Committee (Ralph S"artori, Bill White, Matt Maguire, 18 and Dan Libarle) be asked to look at the alternatives being addressed at the Council 19 meeting. Although comparing these two methods will be difficult, staff will do its best to zo get meaningful cost estimates for the Council. 21 OPENING CEREMONY zz The City Attorney addressed the Council advising that the Attorney General has rendered 23 the opinion and concluded that a county board of supervisors may open its session with an za invocation. The matter was brought back to the City Council in order to determine zs whether or not the Council wishes to proceed with the policy outlined in Resolution 93- 26 110 NCS. That resolution was adopted just before the City learned the Attorney General 27 was asked by another local agency to render an opinion on prayer, so the resolution has 28 been held in abeyance. 29 Speakers were: 3o John Barker, Albany -opposed the City of Petaluma having a prayer. 31 Fred McDonald, Novato - supported a moment of silence. 32 Sheri Cardo, 501 Bryce Canyon Court - is offended by the City Council spending time on 33 this at all. 3a John Cheney, Rocca Drive - he believes in a higher being and with all the violence these 3s days, we need morality. The Councilmembers expressed their thoughts. 36 37 38 39 40 41 I MOTION FAILED -CONTINUE PRAYER I It was moved by Vice Mayor Read and seconded by Brian Sobel to continue to begin the meeting with prayer. _ ..~ AYES: Sobel, Vice Mayor Read, Mayor Hilligoss NOES: Nelson, Hamilton, Barlas, Shea ABSENT: None Page 162, Vol. 28 March 7, 1994 MOMENT OF SILENCE It was:. moved by Bonnie Nelson, seconded by Jane Hamilton, to begin each evening meeting with a moment of silence. AYES: Nelson, Sobel; Hamilton, Barlas, Shea, Vice Mayor Read, :Mayor Hilligoss NOES: Vice Mayor Read ,. ABSENT: None to 11 12 13 14 RESO. 94-51 NCS RESCIND RESO. 93-.110 NCS It was introduced by Carole' Barlas, seconded by Lori 'Shea, to rescind Resolution 93-1.10 NCS which adopted a policy ;for opening ceremonies of public meetings conducted by the Petaluma City Council. AYES: Nelson, ;Sobel, Hamilton, Barlas, Shea, ~~~t'; Mayor Hilligoss NOES: Vice Mayor Read ABSENT: None is GROODY PARCEL 1VIAP APPEAL 16 The City Council continued the appeal until Ms. Groody is well. 17 COUNTY SIVTOI~ING ORDINANCE is Staff submitted a copy of the County's newly adopted smoking ordinance to the Petaluma 19 City Council. for their consideration. Speakers were. Martha Saly from. the American zo Lung. Association, Richard Goldberg from Sonoma County Public Health Department, 21 and Rick Kropp of 'the North Bay :Health Resource Center all spoke in support of 22 expanding: ~ the smoking restrictions m Petaluma. It was recommended the Council 23 consider different time lines_ at which. the increased. smoking ban would take :effect. They 24 particularly .addressed. such places as tfie bar area in bowling alleys, bingo gaming sites, 2s and the like for gradually entering into the increased regulations. Staff will bring an 26 ordinance to the Council for their consideration at an early time. 27 2s 29 30 31 AD.TOURN At 10:00 p.m. the meeting was adjourned. t M. Patricia Hilligoss, Mayor ATTEST: atricia E. Bernard, City Clerk