HomeMy WebLinkAboutMinutes 10/04/1993October 4, 1993 Vol. 28, Page 51
i MINUTES OE REGULAR MEETING
2 PETALUMA CITX COUNCIL
3 MONDAY, OCTOBER 4, 1993
a 3:00 p.m. ROLL CALL
s PRESENT: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor
6 Hillig *ss
7 ABSENT: Barlas
8 *(Councilwoman Barlas was attending the Sonoma County Transportation
9 Authority meeting in Santa Rosa)
io PUBLIC CONIA~IENT
~ ~ Police Chief Dennis DeWitt gave the City Council an update on the kidnapping of 12
12 year old Polley Hanna Klaas on Friday night. The Council expressed appreciation of the
13 work being done by the Police, the FBI, and the citizens in connection with efforts to
is solve the kidnapping.
is MINUTES
i6 The minutes for September 13 were approved as submitted.
17 The minutes for September 20 were approved as amended:
is Page 48, Line 43, make that sentence read: "The Council asked staff to look at a rate for
~9 those who conserve water while they are looking at the 1994 rate study."
20 CONSENT CALENDAR
21 The following items which are noncontroversial and have been reviewed by the City
22 Council and staff were enacted by one motion which was introduced by Brian Sobel and
23 seconded by Lori Shea.
24 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
25 NOES: None
26 ABSENT: Barlas - (Councilwoman Barlas was attending the Sonoma County
27 Transportation Authority meeting in Santa Rosa)
2s RES®. 93-260 NCS
29 CLAIMS AND BILLS
3o Resolution 93-260 NCS approving Claims and Bills #31097 through #31216.
31 RESO. 93-261 NCS
32 IDIRECTOR OF PUBLIC WORDS -GENE BEATTY
33 Resolution 93-261 NCS appointing Gene Beatty as Director of Public Works effective
34 November 1, 1993.
3s RESO. 93-262 NCS
36 RESIGNATION -RIVER COMMITTEE -ROYCE VAN BEBBER
37 Resolution 93-262 NCS accepting the resignation of Royce Van Bebber from the
ss Petaluma River Access and Enhancement Plan Citizen Project Committee with thanks for
39 his many hours of service to the City.
Page 52, Vol. 28
October 4, 1993
i RESO. 93-263 NCS
2 STREET NAML CHANGE -FROM ONYX TO RIESLING
3 Resolution- 93-263 NCS changing. the name of Onyx Road to Riesling Road in the Corona
a Ely area.
s RESO. 93-264 NCS
6 SB-90 AGREEMENT - DAVH) GRIFEITH
~ Resolution 93-264 NCS approving an agreement with David Griffith and Associates,
s Ltd., for SB-90 reimbursement claim services.
9 * * * * * End of Consent Calendar
io BAY AREA RID.GETRAIL ROUTE
i~ The City .Council discussed the proposed approval of the Bay Area Ridgetrail route and
i2 sign program pursuant to .Council .discussion on September 20. There were
13 representatives of the Victoria Homeowners Association present to protest having a trail
is go through their subdivision. Speakers included:
is David Glass, 41 Oxford Court - a member of the Victoria Homeowners. Association
is Board of Directors. They are concerned. about pollution, peace, quiet, and safety. The
i~ intersection of Oxford Court and. Windsor Drive is a place where bicyclists "fly" through
is on their way down the hill. from. Putnam Park. He says there-are 6 million members of
19 the Bay Area Ridgetrail system and even a small percentage of them going through the
zo subdivision would. be a problem. They would like a more equitable solution to the
Zi problem. Regarding the horses using the trail, he asked that the people clean up after
z2 their horses.
s3 Shoni Fobre Marcia, 64 Oxford -this trail was conceived in the 1950's before .all these
Za subdivisions were built. This is a large, 400 mile trail area. ,:She has a mountain bike,
Zs and added that she has respect .for the people in the areas where she rides, She asked how
26 many people are going to use this trail. This should be thoughtfully explored.
2~ Susan Tyler, 5 Windsor Lane - is the Secretary of the Board of Directors. She is
Zs concerned about whose insurance would be called to pay for accidents of trail users going
29 through their subdivision. She also said that. where Oxford Court and Windsor ,Drive
3o meet is a blind iintersection. They have received two pieces of correspondence from the
31 Bay Area Ridgetral people, and both times the Homeowners Association told the
32 Ridgetrail people there was no homeowner interest in having a trail through Victoria
33 Subdivision. After having said "no" twice, they thought this was no longer an issue that
3a had to be dealt with.
3s Reva Novey, 1220 BStreet. - is a homeowner in Victoria and is concerned about the
36 ~ hazards for bicyclists. She says the residents should have been told about this..
37 Michael Murphy, 5625 Occidental Road, Santa Rosa -supports the trail. He represents
3s the Sonoma County Horse Council.
39 Dee Swanhuyser, represented the Bay Area Ridgetral -the trail will follow the City's
ao General Plan approved bicycle path. Property values increase where the property abuts
ai trails. Benicia;as well as Vallejo have trails going through their cities. She will be very
as happy to meet with the homeowners association to resolve-this issue.
October 4, 1993
Vol. 28, Page 53
1 EAY AREA RIDGE TRAIL, continued
2 Regarding membership of the Bay Area Ridgetrail group, she said membership is 5,000;
3 although they would be happy to .have the 6 million .membership as stated earlier.
4 Jeff von Raesfeld - is a member of the Bicycle Committee. He offered that committee to
s help develop the solution to the apparent problem. He rarely sees other bicycle riders in
6 Putnam park.
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Council comments and direction: 'It was. ngted the trail has been: listed
as an access way since>.197Z> The Council supported the suggestion that':
there be' meetings with the homeowners, staff''and the Bay;, Area~~'
Ridgetrailpeople to work out their differences. Perhaps.''the Council'>
could approve the trail up to Sunnyslope but continue the: approval of:
theremainder of the trail until the joint meetings have been>held._ What`'
would the impact be to our Police`Department if there is a' problem on'
the trail? 'What impact is there on the other. City .',resources? Morel'
information is needed'. from.: staff' about how this has worked in the'
neighborhoods in Benicia and Vallejo.
During the next>~ 90 days, staff should meet with the homeowners and'
with' the trail people. The >>residents should be notified through their'
homeowners newsletter.
21 ORD. 1940 NCS
22 AMEND MUNI CODE CHAPTER 15 -WATER
23 Adopt Ordinance 1940 NCS amending the Water regulations sections of Chapter 15 to
2a delete rate structures and to authorize rates to be established by resolution. The City
2s Manager was asked about the timing of the late bill notice. He said he would look into
26 that. Introduced by Viee Mayor Read, seconded by Brian Sobel on September 20. The
27 vote to adopt the ordinance follows:
28 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
29 NOES: None
3o ABSENT: Barlas - { councilwoman Barlas was attending the Sonoma County
31 Transportation Authority meeting in Santa Rosa)
32 ORD. 1941 NCS
33 SONOMA GLEN 5 (aka CALIFORNIA COUNTRYSIDE ID
34 Adopt Ordinance 1941 NCS rezoning Sonoma Glen V (California Countryside II) to
3s Planned Unit Development pursuant to Council action on September 20. Introduced on
36 September 20 by Lori Shea and seconded by Bonnie Nelson. The vote to adopt the
37 ordinance was:
38 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
39 NOES: None
40 ABSENT: Barlas - (Councilwoman Barlas was attending the Sonoma County
41 Transportation Authority meeting in Santa Rosa)
..'.~~ ~. '~.,t
i. i+
Page 54, Vol. 28
October 4, 1993
t RESO. 93 265 NCS
2 SONOMA GLEN V (CALIFORNIA COUNTRYSIDE II) PUI9
:v"j5: `~F q1,
Resolution 93-265 NCS approving. the Unit Development Plan for Sonoma Glen V, now
called California Countryside II by their new developer Kaufman and Broad. Introduced
by Brian Sobel, seconded by Vice Mayor Read.
AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas - (Councilwoman Barlas was attending`Ehe Sonoma County
Transportation Authority meeting in Santa Rosa)
to RESO. 93266 NCS
~ t SONOMA GLEN V (CALIFORNIA COUNTRYSIDE ID TENTATIVE MAP
12 Resolution. 93-266 NCS approving the Tentative Map for Sonoma Glen V, now called
13 California Countryside IT by their new developer- Kaufman and Broad.. The tentative map
is condition regarding pedestrian access through a 20' private driveway was eliminated
is pursuant to Gouneil direction on September- 20. (See Page 29 of this volume of minutes.)
tb Introduced by Brian Sobel, seconded by Vice Mayor Read.
17 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
18 NOES: None
19 ABSENT: Barlas - (Councilwoman Barlas was attending the Sonoma County
20 Transportation Authority meeting in Santa Rosa)
zt RESOLUTIONS: 93-267 through 93-270 NCS
n AMEND NON' ItEPRESENTEID PERSONNE
23 The following four resolutions modifying the ,compensation plans for Unit 1
za (Confidential), Units 3 and 4 .(Technical .and Professional); Unit 5 (Clerical), and Units 8
zs and 9 (Management) to extend the transfer of sick leave to the Management Units which
26 had not been included originally and to expand the policy to say that no employee may
27 receive more than 90 days sick leave. from employees for any one illness or injury.
2s Introduced by Vice .Mayor Read, seconded. by Jane Hamilton.
29 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
3o NOES: None
31 ABSENT: Barlas - (Councilwoman Barlas was attending the Sonoma County
32 Transportation Authority meeting in Santa Rosa)
33 RESO.. 93-267 NCS
34 SICK .LEAVE POLICY -UNIT 1 (CONFIDENTIAL)
3s Resolution. 93-267 NCS approving salary and supplemental wage benefits
36 for employees in Unit 1 (Confidential). This repeals Reso. 93-233 NCS.
37 RESO. 93 268 NCS
3g SICK LEAVE POLICY -UNITS 3 & 4 (TECIINICAL & PROFESSIONAL)
39 Resolution 93-268 NCS approving salary and supplemental wage benefits.
ao for employees in Units 3 and 4 (Technical and Professional). This repeals
at Reso. 93-234 NCS.
October 4, 1993
Vol. 28, Page 55
~ RESO. 93-269 NCS
2 SICK LEAVE POLICY -UNIT 5 (CLERICAL)
3 Resolution 93-269 NCS approving salary and supplemental wage benefits
a for employees in Unit 5 (Clerical). This repeals Reso. 93-235 NCS.
s RESO. 93-270 NCS
6 SICK LEAVE POLICY -UNITS 7 & 8 (MANAGEMENT)
~ Resolution 93-270 NCS approving salary and supplemental wage benefits for
s employees in Units 8 and 9 (Management). This repeals Reso. 93-236 NCS.
9 * * * * * End of Personnel Resolutions
to RESO. 93-271 NCS
t i PEP - VALLE.IO ST. APARTMENTS -FEE WAIVER
t2 Mayor Hilligoss is on the Board of the Harrison Meacham Trust Fund and chose to
t3 abstain. due to a potential. conflict of interest. Assistant City Manager Warren Salmons
to noted the City has already authorized $851,800 towards this 45-unit project. Staff will
is ask the PCDC at its next meeting to reimburse some of the money. Resolution 93-271
ib NCS approving fee structure for the PEP -Vallejo Street Apartments -Phase 1 as
t~ follows:
to
19 Inspection and Planning 24,630. paid
20 SPARC application 780. paid
2 t Sewer Connection at Accessory Unit rate $1, 000. per unit
22 Water at cost of hardware 32,440.
23 Storm Drain Impact normal fee
2a Traffic Fees waived
2s Parks and Recreation fee O. exempt
26 Community Facility fee O. exempt
2~ Introduced by Lori Shea, seconded by Jane Hamilton.
2s AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read
29 NOES: None
3o ABSTAIN: Mayor Hilligoss
31 ABSENT: Barlas - (Councilwoman Barlas was attending the Sonoma County
32 Transportation Authority meeting in Santa Rosa)
33 RESO. 93-272 NCS
34 COTS I~ EE -MOUSINGI'UND
3s 1500 PETALITMA PLVD. SOUTH
36 Resolution 93-272 NCS approving a fee amendment for the Committee on the Shelterless
37 in the amount of $417.49 for a building permit to authorize the fee to be paid from the
3s PCDC .Housing Fund. The plan is to remodel the storage .room at the family shelter at
39 1500 Petaluma Blvd. South. Introduced by Jane Hamilton, seconded by Bonnie Nelson.
4o AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
41 NOES: None
42 ABSENT: Barlas - (Councilwoman Barlas was attending- the Sonoma County
43 Transportation Authority meeting in Santa Rosa)
as CLOSEI9 SESSION
as The Council recessed at 4:55 p.m. to a Closed Session with the City Attorney to discuss
as pending litigation.
~sd~~ s1?'e€~
Page 56, Vol. 28
~ AD.TOURN
October 4, 1993
2 The Council adjourned to dinner at DeSchmire Restaurant at 304 Bodega Avenue.
3 RECONVENE & ROLL CALL'7:00 n.m.
a PRESENT: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
s ABSENT: None
6 PLEDGE OF ALLEGIANCE
~ Councilwoman Shea led the Pledge of Allegiance to he flag.
s PUBLIC COIr~Il~IENT
9 Jack Balshaw, 1680 Kearny Court - .had heard that at a meeting among the Chamber
io Visitors Bureau group and. the Council subcommittee a member of the- Chamber of
ii Commerce had spoken unkindly of Mr. Balshaw in his absence: He felt it to be
~2 reprehensible to allow someone to be attacked who was not present to speak on his own
13 behalf.
is Bill Patterson of Windsor, representing the Irate Ratepayers Committee, is concerned
is about composting rates in Sonoma- County. They request time on an agenda to' furnish
i6 the Council with alternate information. '
i~ Bream Bartholomew, Thunder & Lightning's Cause:- read aletter -from Janet Coppini
is requesting continuance of their agenda item to November 1. She also brought 150 letters
19 supporting:. their proposed ear tag program; 72 were from residents and 78 were signed by
Zo folks from near -and far.
Zt CITY COUNCIL COMMENTS
n The Council asked Police Chief DeWitt to review for the television audience -the situation
23 with the kidnapped 12 year old Polly Hanna Klaaa on Friday. night. The Council
Za expressed appreciation of the work being done by the Police, the FBI, and the citizens in
Zs connection with the kidnapping.
26 PROCLAMATION
2~ Mayor Hilligoss read a proclamation for Pollution Prevention Week. October 4 through
Zs 10. Marty Swift .from EOS, operator of the sewer plant, accepted the proclamation and
i9 suggested .not to create pollution by recycling items and by making toxic substances into
3o non-toxic waste.
31 Mayor Hilligoss also read a proclamation regarding Fire Prevention Week October 3
32 through '9 and advising that residents develop a fire escape plan and suggesting that
33 people do not re-enter a burning building. The proclamation-was given to Battalion Chief
34 Simpson.
3s The proclamation .for Breast Cancer Awareness Month was read and ,given to
36 Councilwoman Shea to pass on the Hospital Board President Sue Ellen Thompson.
37 THUNDER .AND LIGHTNING CAUSE.. -CATS
3s At the request of the applicant, the Thunder and Lightning Cause item. on cat registration
39 was continued to November 1.
October 4, 1993
Vol. 28, Page 57
i OIL. 1942 NCS
2 REAL, PROPERTY TRANSFER TAX
3 Introduce Ordinance 1942 NCS amending the Municipal Code §4.20..020 by increasing
a the real property transfer tax from ~f:~0 $1.15 per $1,000 valuation to $2.00 per $1,000,
s which would generate an additional estimated $242,000 annually. The previously
6 described amount is separate from the $1.10 which is collected by the County according
~ to State law. This increase would add $170 to the cost of sale for the average priced
s home in Petaluma ($200,000). City Manager John Scharer noted the employees have not
9 had a wage increase (except bargaining groups) for two years. The City has not rehired
io the Public Information person saving $25,000 and part of the Transient Occupancy Tax
T 1 money is being used in the General Fund rather than City promotion. The revenue
i2 options available are few.
13 The City has no control over property taxes, sales taxes, revenues from other agencies or
is fines, forfeitures and penalties. The City can and has increased licenses, permits and fees
is for services. Business license permits have also been increased. The City has done just
ib about everything it can do except refer to the voters to authorize an increase in taxes.
i~ Regarding expenses, staff has done as much as it can to reduce operating expenses,
is except cut personnel costs through employee reduction.
19 Revenues Commandeered by the State The City Manager reviewed the fact that in the
Zo last three (3) years the State of California has managed to expropriate portions of all the
zi cities' property taxes as well as other "formerly local" revenues. This has amounted to a
ii loss of $2,178.,530 from the Petaluma General Fund and $650,480 from the
23 Redevelopment Fund.
as The budget submitted to the City Council had .included an estimated $242,000 in revenue
Zs from an increase in real property transfer tax. The City Council removed that estimated
26 revenue amount from the budget figures, thus the General Fund Reserve for the 1993-94
2~ fiscal year is now $92,300.
Zs The public hearing was opened and the following persons spoke:
i9 Victor Chechanover, 2301 Marylyn Circle -spoke in support of the Real Property
3o Transfer Tax increase.
31 Yigal Toister, 1263 Ponderosa Drive -represented the Petaluma Council of Realtors -
32 spoke for not increasing the rate. He said this is an unfair tax because only a few people
33 sell their homes each .year. Mr. Toister noted they had a specialist review the City's
3a budget to determine where there could be other revenue action or cost reduction. The
3s response was that the City's budget is in the top 3 % of the state in clarity, and it also
36 showed no opportunity for revenue amendment or cost reduction. He noted that only 550
37 Petaluma housing units have been sold so far this year, and this is past the prime home
3g selling season. He does not think the City will experience the income it anticipates from
39 this tax change. He suggested that considering a parcel tax or a utility tax would be much
ao more equitable. There being no one else wishing to speak, the hearing was closed.
ai There was some discussion about including a sunset clause in the ordinance. It was noted
a2 that such a .clause. is not included in any other ordinances; the subject was not considered
a3 any further. The Council discussed how much worse the revenue situation is expected to
a4 be .next year. It was their "guesstimate" that the City will be needing to find revenues
as equalling at least $650,000 for next year's shortfall due to the State of California's
a6 actions. What was discussed was the possibility of going to the voters for a parcel tax
a~ and/or a utility tax.
.,
Page 58, Vol. 28
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October 4, 1993
io The ordinance was introduced. by Vice Mayor Read and seconded by Bonnie .Nelson.
11 AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice M_ ayor Read, Mayor Hilligoss .
l2 NOES: None
13 ABSENT: None
is RESO. 93-273 NCS
is 1VIOUNTAIN VALLEY 2A & 3 aka MOUNTAIN VALLEY VILLAS) - PUD
t6 Resolution 93-273 NCS approving amendment to the PUD Development Plan for
i~ Mountain Valley subdivisions Phases. 2A and 3 (called Mountain Valley Villas) located
is east of Sonoma Mountain Parkway at Rainier Circle. There will be 72 condominiums
19 and 70 single family residences.
zo There was considerable concern :expressed about the fact that two of the houses are on a
21 separate block with most, of the remainder of .the block in a park. It was suggested this is
z2 a potential problem, and in future planning efforts housing on the same block 'and
z3 adjacent. to a park is to be avoided. Introduced by Brian Sobel, .seconded by Jane
2a Hamilton.
25 AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
26 NOES: None
27 ABSENT: None
2a RE50. 93-274 NCS
29 MOUNTAIN VALI
3o TENTATIVE MAP
31 Resolution 93-274 NCS approving the tentative map for Mountain Valley 2A and 3 .(also
32 known as Mountain Valley Villas). Introduced by Brian Sobel, seconded. 6y_ Jane
33 Hamilton.
34 AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
3S N.OES: None
36 ABSENT: None
37 LIAISON REPORTS ANI) COUNCIL QUESTIONS
3s Carole Barlas noted their is now an executive committee of the Sonoma County
39 Transportation Authority which is looking at "land use transportation and transit planning
ao for the county" . / '
ai The Rainier draft EIR will return to the Planning Commission sometime in December.
October 4, 1993
Vol. 28, Page 59
~ AI).TOURN
2 At 9:55 p.m. Mayor Hilligoss adjourned the meeting in memory of Ed Fratini who was
3 the City's historian. The next meeting will be on October 25 due to a lack o uorum on
a the third Monday, October 18.
s M. Patricia Hilligoss, Mayor
b ATTEST:
G~.
~ Patricia E. Bernard, City Clerk