HomeMy WebLinkAboutMinutes 08/02/1993August 2, 1993 Vol. 28, Page 1
i 1VIINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, AUGUST 2, 1993
4 ROLL CALL
5 PRESENT: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor
6 Hilligoss
7 ABSENT: Barlas
s PUBLIC COMMENT
9 Lyndi Brown, Chamber of Commerce -noted the publicity that has been given to the City
to of Petaluma at various publications over the last few months. She also gave the Council
11 copies of a new Petaluma restaurant list.
12 Steve Thornton, Chairman of the Sonoma County ACLU, expressed his thoughts about
13 the Council's use of Public Comment time.
1 a MINUTES
is The minutes for July 12 were approved as amended:
16 Page 388, Line 32 -change word to "was".
17 The minutes for July 19 were approved as amended:
is Page 389, Line 13 -change date to July 6.
19 Page 398, Line 26 -add, "The owner said he would try to reverse some of the street side
20 designs of the homes."
21 CONSENT CALENDAR
22 The following items which are noncontroversial and have been reviewed by the City
23 Council and staff were enacted by one motion which was introduced by Jane Hamilton
2a and seconded by Lori Shea.
25 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
26 NOES: None
27 ABSENT: Barlas
2s RESO. 93-207 NCS
29 CLAIMS AND BILLS
3o Resolution 93-207 NCS approving Claims and Bills #29612 through #29901.
31 RESO. 93-208 NCS
32 WATER STREET CLOSURE -RIVER FESTIVAL
33 Resolution 93-208 NC.S authorizing street closure of Water Street and authorizing priority
34 use of the the Visitor Dock area by Festival participants between the hours of 7:00 a.m.
3s and 11:00 p. m. on Saturday, August 21, 1993.
36 RES®. 93-209 NCS
37 COMPLETION -INTERIM TRAFFIC LIGHT LAI~EVILLE IIIGIIWAY
3s Resolution 93-209 NCS accepting completion of the traffic signal and the intersection
39 improvements at Lakeville Highway and Highway 101 northbound off-ramp. Steiny &
ao Company of Vallejo completed the job for $90,379.35.
ai * * * * * End of Consent Calendar
Page 2, Vol. 28
August 2, 1993
i ORD. 1934 NCS
2 LEASE 27 Ii®WARD ST - BURBANK HOUSING
Introduce Ordinance 1934 NCS authorizing lease of 27 Howard Street to Burbank
Housing for use as a residential rental to a 1'ow/moderate income family. Burbank
Housing has agreed to manage this property at no charge to the City.
In May of 1993, the Council ,adopted Ordinance 1922 NCS authorizing leasing this
building to CPC Redwoods I=Iospital. CPC Redwoods was not able to follow through on
its plans.
9 Introduced. by lane Hamilton, seconded by Bonnie Nelson.
to AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
t 1 NOES: None
12 ABSENT: Barlas
13 ORD. 1932 NCS
is REZONE KINGSFIELD SUBDIVISION TO PLTI~
is Adopt Ord. 1932 NCS rezoning the 14-unit subdivision called Kingsfield, located at 729
i6 North Webster .Street, to Planned Unit Development. There remains some unresolved
i~ questions on the part of residents regarding the use of traffic impact. fees in connection
is with this. subdivision. 1VIr. Wick of 617 .North Webster said the neighbors had an
19 understanding the money would be spent on North Webster Street. He agreed with the
20 staff recommendation of continuing action on the development plan and on the tentative
2i map so that the question may be resolved prior to Council adoption of those items. The
22 vote to adopt follows:
23 AYES: Sobel, Hanulton, Shea, Mayor Hilligoss
2a NOES: Vice Mayor Read
2s ABSENT: Barlas
26 ABSTAIN: Nelson
2~ IZINGSEIELD SUBDIVISION - •DEVELOPIVLENT PLAN
2a I~INGSFIELD SUBDIVISION TENTATIVE 1VIAP
29 These items were continued.
3o RESO. 93-210 -NCS
3t TRANSIT COORDINATION AGREEMENT
32 Resolution 93-210 NCS approving execution of Coordination Agreement between Transit
33 Operators:in Sonoma County. The impetus in bringing this to the Council to 'replace the
34 1981 agreement, which is still in effect, is to incorporate recent additions to Government
3s Code §66516 which requires connecting transit systems to establish coordination
36 agreements. These coordination agreements discuss Public .Information, Schedules,
37 Fares, Transfers, Bus Stops, and inter jurisdictional information exchange. The more
3s challenging task lies ahead with. the "coordination" of transit timing among all the transit
39 agencies. It was suggested the Legislators be asked to reduce: the :fare box ratio
ao requirements if the agencies have to accept transfers :from anofher carrier with no
ai rermbursement for such transfers. Introduced by Vice .Mayor Read and seconded by
a2 Bonnie Nelson.
a3 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
~ra NOES: None
a5 ABSENT: Barlas
August 2, 1993
Vol. 28, Page 3
t RESO. 93-211 NCS
2 EPA GRANT APPLICATION -NEW WASTEWATER PLANT
3 Resolution 93-2.11 NCS authorizing City Manager to sign application for Environmental
4 Protection Agency (EPA) Water Quality Management Planning Grant. The City has been
s offered an opportunity to receive a $35,000 grant to assist in the wastewater facility
6 (sewer plant) planning process, principally to offset a portion of the financial and legal
~ consulting fees. In addition, part of the grant (approximately $6,500 to $7,000) will be
s used for retention of a research assistant to document our process and the various work
9 products that will be developed, specifically the public participation program, the
io Environmental Impact Report and the Requests for Proposals. It is anticipated that
i t Planning Intern Jennifer Johnson will do the research assistant work. Introduced by Brian
i2 Sobel, seconded by Jane Hamilton.
13 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
14 NOES: None
15 ABSENT: Barlas
ib ORI). 1935 NCS
i~ TAX RATE FOR DEBT SERVICE
is Introduce and adopt urgency Ordinance 1935 NCS establishing the tax rate for debt
19 service at $0.0107 per $100.00 assessed valuation. This is based on a preliminary
20 assessed valuation adjusted for debt service of $2,464,718,863. The rate for the last
u fiscal year was $0.0118 per $100 of assessed valuation based on $2,309,916,065 assessed
22 valuation. Introduced by Vice Mayor Read,. seconded b.y Lori Shea.
23 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
24 NOES: None
2s ABSENT: Barlas
26 ABOVE GROUND TRANSFORMER - TUDITII COURT
27 The Council considered a letter from Dick Lieb requesting permission to have the
2s transformer for the market rate Judith Court subdivision (Jefferson, Payran area) to be
29 installed at "ground level" rather than "in ground". After a brief discussion, the Council
3o asked Jana Corey of Pacific Gas and Electric to make a presentation to the City Council
31 on the "pros" and "eons" of placement of the transformers at ground level.
32
33
RESO. 93-212 NCS
SUPPORT CALPAW '94
34 Resolution 93-212 NCS supporting the California Parks and Wildlife .Initiative
3s (CALPAW '94). The Planning and Conservation League, a private environmental
36 advocacy group, has prepared this ballot measure which they are trying to obtain
37 sufficient signatures to qualify it to be on the June, 1994, ballot. If passed, there would
3s be funding available for projects such as site acquisition, habitate restoration and trails
39 along the Petaluma River and marshes. Introduced by Jane' Hamilton, seconded by Lori
ao Shea.
41 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
42 NOES: None
43 ABSEN:f: Barlas
44 AD T®URN
as At 4:00 p.m., the Council adjourned to dinner at McNear's Restaurant, 23 Petaluma
46 Blvd. North.
Page 4, Vol. 28
August 2, 1993
i 7:00 p.m. -RECONVENE and ROLL CALL
2 PRESENT: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor
3 Hilligoss
4 ABSENT: Barlas
s PLEDGE OF ALLEGIANCE
6 The Pledge of Allegiance was aed by Pat- Bernard.
7 PUBLIC CONIIVIENT
a Ellyn Mavalwalla, 1301 Southpoint Blvd, Kid City Child. Care Center. She .and. several
9 of the day care ..students invited the Mayor and Council members to attend a luncheon on
io Wednesday, August 1$, from 2:00 to 5:00 p.m. 'The children :have planned the menu
ii which will follow the new U.S.D:A. recommended food pyramid.
12 Jack Schaeffer, 27 Acorn Circle -spoke on behalf of Cinnabar Theatre and its efforts to
13 increase the. amount of Transient Occupancy Tax funding from the City. The Council
14 subcommittee on Transient Occupancy Tax will be meeting tomorrow afternoon.
~s COUNCIL COMIVIENTS
i6 Bonnie Nelson -would like to see something more done to the (stop) light arm at
17 Petaluma Blvd. and Ma nolia Avenue because it is a nasty signal and. not obeyed well --tom-~
to Jane Hamilton -would like to .have a goal setting session this budget year.
19 Brian Sobel - if we have one, we need to integrate the Planning Commission and SPARC
20 into it.
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22
23
24
2s
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27
28
29
30
The Council considered two applications for -one the Child Care. Committee vacancy.
The applicants are Sue Checkanover and Karen Nelson.
31 RESO. 93-213 NCS
32 FEDERAL MANDATE. RELIEF ACT OF 1993
33 Resolution. 93-213 NCS supporting House Resolution 140 entitled "The Federal Mandate
34 Relief Act of 1993" which ,prohibits the Federal Government from .passing along
3s mandates to state and local governments without also passing: along. sufficient funding for
36 the costs of those mandates. Introduced by Brian .Sobel -and seconded by Lori Shea.
37 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
3s NOES: None
39 ABSENT: Barlas
CHILD CARE. COMMITTEE APPOINTMENT
August 2, 1993
Vol. 28, Page 5
i REPORT ON RENT CONTROL & STABILIZATION
2 Assistant City Manager Gene Beatty and the City Council discussed possible leases and
3 ordinances relating to mobile home rent stabilization.
a Options of the Council include:
s - Encourage mobile home residents to gather signatures for a ballot initiative
6 for citizens to vote on their desired goal.
~ - Endorse a model lease. Leases appear to run for about 5-years. The terms
s would have many of the suggested provisions for the ordinance (see below).
9 - Provide staff direction in development of an ordinance:
io - Ordinance that encourages both parties to work together.
i i - Provides for control of rent .increase at times of vacancy.
i2 - Divides cost equally on Ordinance administration.
13 - Provides for outside arbitrator.
is - Provides for rent increases tied to the Consumer Price Index (CPI).
is - Includes pass-throughs for particular costs of residents (water, sewer,
16 electricity, and garbage).
~~ - Exempt any park which has secured at least ??%* of residents on
rg "Model Lease" from ordinance
19 - Establish aroll-back date for rents to a date certain to cover rent
Zo increases that have taken place during this time.
zi - * percentage to be decided by Council.
az The various rent litigation situations in the County were reviewed. References were
23 made to the County ordinance which is utilized in Windsor and Sebastopol with no
2a current litigation against it. The County also administers the Windsor and Sebastopol
zs regulations. There is the possibility that this could also be the case with Petaluma, if the
26 City adopts an ordinance that is very similar to the Sonoma County ordinance. The
2~ following persons spoke:
Zs Paul Deffebach, W.M.H.A. -opposed development of both a rent control ordinance and
z9 a model lease. A lease is better than rent control. Park owners have compromised a
3o good deal. He explained the low income rental assistance which is based on users of the
31 Pacific Gas and Electric "LIRA" .
32 Cathy Stewardson, Leisure Lake -has had very unpleasant experiences with leases that
33 have not been honored. Because of that same situation, there are quite a number of
34 mobile home owners who are extremely cautious about entering into another lease. She
3s asked who is going to enforce the regulations.
36 Shirly Selberg, Petaluma Estates - PGandE gives pazk owners rebates of $17 per pad for
37 upgrading the utilities. These funds are supposed to be saved until the upgrading is done.
3R When the costs are in, they absolutely should not be passed on to the residents, since
39 PGandE has already paid for those costs. There is no consistency in leases between
ao parks. That is one of the reasons these people wish to have an ordinance. We support
ai the Sonoma County ordinance.
a2 Coleman Persily, GSMOL, San Rafael -supports going to the Sonoma County ordinance.
.....: ~:
Page 6, Vol. 28
August 2, 1993
John Lawless, Royal Oaks - is opposed to a model lease, because when the lease
terminates there is nothing that requires it to be renewed. Rather, it is renegotiated,
sometimes to the resident's regret. There are included in these. rent increases costs that
are already calculated in the CPI and should' ,not be included in extra: costs to the mobile
home owner as additional :rent. He supports the Sonoma County ordinance.
Willis Henry, .Leisure Lake -there is a bill working its way through the State Legislature
that would. cover the mobile home owners when their leases terminate. Some owners
break. their own rules in their leases. He discussed the rental situation problems that he
has experienced.
io Dick Silvers, for his mother who has lived, in Petaluma Estates for 23 years - he is on
ii Social Security himself and keeps track of`his mother's finances. He is concerned about
i2 the cost .increases and how they impact a person on fixed :income. He .noted her lease
13 comes up in March, and it would. cost $6;000 - $7;000 to move her.
is Bernice Heath; Youngstown -supports the process that has occurred, so far,.,. in working
is towards rent stabilization. Says there really needs to be a method of enforcement, no
ib matter what the final decision is.
i~ Robert Piompo, 1061 McNear - he .asked if these people really understand. what is going
is on. He chinks there seems to be a need to clarify the language. We should take time to
i9 do this properly and right. We should remember this is "of the people, by the people and
Zo for the people. "
Zi David Young, owner of Youngstown and .Royal Oaks -proudly presented a video
22 showing of the Royal. Oaks Mobile Home Park and he compared it with some other
23 parks. He cautioned the Council about lenders' reluctance to carry out transactions at the
Za normal interest rates when there is rent control. He said they usually are very reluctant to
2s work with park owners in rent control cities. He mentioned that he has a program to
26 assist home owners that are experiencing difficulty.
a~ Council Comments:
Zs Let's take a look at the Sonoma County ordinance, "plugging" in the components that
29 Petaluma thinks are important. Also., the asked staff to prepare a "model" lease. We
3o should keep the model lease component. If park owners .are able to come up with
31 something that is better than a rent stabilization ordinance, something that the residents
32 would prefer to live with, then the residents would have an opportunity to -make a choice.
33 There is concern about the period of time during which renewals of leases occur, and the
34 impacts that have -been experienced by mobile home owners .(vacancy control). We .need
3s to be specific about the capital improvement costs (small and large), and how they are
36 divided up between park owners and mobile home owners (pass throughs). We need to
3z define these specific .provisions for rent increases. Perhaps our Housing Coordinator
3s could research what other cities are. doing with.. rent subsidies, the income brackets, and
39 so on. We may need to look at some sort of subsidy for mobile home residents... The
ao owner cannot be required to do everything. We need to determine what the roll-back
ai date is for rents that. have changed during this negotiation process.
a2 The Council was reminded that if the County is willing to handle the processing of these
43 regulations, we need to keep in mind that .the rules should remain close to the ones that
as are in the County ordinance now. The Council also asked for a time line, necessarily
as date specific, that outlines the process from here forward.
August 2, 1993 Vol. 28, Page 7
t RECESS
z The Council was in recess from 9:50 p.m. to .10:00 p.m.
3 RESO. 93-214 NCS
a COUNCIL HEALTH BENEFITS
s RESOLUTION FAILED TO PASS Resolution 93-214 NCS rescinding Resolution 90-
6 406 NCS which provided Council. Health Benefits upon retirement. There are several
7 individuals who are currently eligible and vested in this, and who will continue to receive
a benefits as set forth in Resolution 90-406 NCS: John Balshaw, Jack Cavanagh, Patricia
9 Hilligoss, and Lynn Woolsey. There are two who will be eligible to receive the benefits
to upon meeting the requirements of 8 years on the Council and reaching age 50; they are
t t Michael Davis, who needs to reach 50 in 1996 and Brian Sobel who needs 8 more months
t2 on the Council and to reach age 50 in 2004. Brian Sobel stepped down and left the room.
13 Gary Broad, 12 Halsey Avenue., expressed his recommendation to cancel the Council
is benefit due to potential long term costs. After some more discussion, the resolution was
is moved by Lori Shea and seconded by Jane Hamilton.
is AYES: Hamilton, Shea,
17 NOES: Nelson, Vice Mayor Read, Mayor Hilligoss
18 ABSENT: Barlas
t9 ABSTAIN: Sobel
Zo RESO. 93-215 NCS
u ~ 231 GRANT AVENUE -NUISANCE ABATEMENT
22 Staff members Clyde Thomas and Jane Thomsen were sworn in. Charlis Meador,
23 property owner, had been in the audience but left and said she was called in to work.
Za There was discussion about considering the item at this time. The Council agreed it has
is gone on for such a long time, and there have been so many communications, that the item
26 should be considered at this time. Staff described the conditions that exist at 231 Grant
z7 Avenue which consist of accumulation of garbage, rubbish,. junk and debris. Also
Zs described were the July, 1992, through July, 1993, series of attempts by the City staff to
29 obtain compliance with the various Codes. To date there has not been compliance. This
3o property is located across the street from Grant School. It was noted that it is not
3t department policy to trespass. City Attorney Rudnansky noted the City tries to obtain
32 permission from the property owner to go on the property. Ms. Meador has said she is
33 not living at the location. Planning Director Pamela Tuft noted that the neighbors have
34 complained time and again to staff about this collection of debris on this property. The
3s resolution was introduced by Brian Sobel, seconded by Vice Mayor REad.
36 AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
37 NOES: None
38 ABSENT: Barlas
39 CITY MANAGER REPORTS
ao In answer to Council query, City Manager Scharer advised that the a budget meeting has
ai been scheduled for Monday, August 23, at 3:00 p.m. If necessary they will continue in
a2 the evening.
a ~; .
Page $, Vol. 28
i AD.TOLTRN
August 2, 1993
;~'~~~;
At 10:40 p.m. the meeting was adjourned.
.,
M. Patricia Hilligoss, Mayor
ATTEST:
_-_- .
atricia E. Bernard, City Clerk