HomeMy WebLinkAboutMinutes 05/17/1993May 17, 1993
Vol. 27, Page 341
1 MINUTES ®F A REGULAR MEETING ~/
2 PETALUMA CITY C®UNCII.
3 M®NDAY, MAY 17, 1993
4
5 PRESENT: Nelson, Barlas, Read, Shea, Hamilton,
6 Mayor Hilligoss
7 ABSENT: None
8
3:00 p. m. R®LL CALL
Vice Mayor Sobel,
PUBLIC C®M1~~NT
9 Jack Balshaw, 1680 Kearny Court - he advised the Council that the downtown sign costs
to came in lower than the estimate.
11 Jack Balshaw, on May 20, Assemblywoman Vivian Bronshvag will be in town with
12 representatives of CALTRANS to hear comments about several projects which would
13 normally be constructed by the State, but rather than doing the construction themselves,
14 the State is requiring local funding if the local agencies wish to have the projects
15 completed in the near future. He noted that CALTRANS works on their .own projects
16 first, thus leaving the locally funded projects on hold. He suggested that the Council
17 should be very forceful in their comments to the Assemblywoman. If you leave it up to
is the State, he said, it is costing us money.
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20 The Apri126 minutes were approved as amended: ~
21 Page 323, Line 23 -delete "(within current service levels)"
MINUTES
22 C®NSENT CALENDAR
23 The following items which are noncontroversial and have been reviewed by the City Council and
24 staff were enacted by one motion, which was introduced by Nancy Read and seconded by Lori
25 Shea .
26 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel
27 NOES: None
28 ABSENT: Mayor Hilligoss
29 RES® 93-122 NCS
30. CLAIMS AND BILLS
31 Resolution 93-122 NCS approving Claims and Bills #27819 through #28165.
32 RES®. 93-123 NCS
33 COIVIPLETI®N SEWER REPAIR -RIVER AT C®PELANI)
34 Resolution 93-123 NCS accepting completion of the emergency repair of the sewer
35 crossing near Copeland Street, which was authorized by Resolution 93-41 NCS and was
36 accomplished by Cooper Crane and Rigging of Novato .for $105,286 plus $36,000 for
37 Planning, Engineering, Construction Administration and Inspection. The damage was
3s done during the January 20 flooding. It is the intention of the City to pursue
39 reimbursement from the State Office of Emergency Services or from the Federal
4o Emergency Management Agency.
Page 342, Vol. 27
May 17, 1993
~ RESO. 93-124 NCS
2 GRAYSTONE CREED PHASE I FINAL MAP
3 Resolution 93-124 NCS approving final map for Graystone Creek Subdivision Phase I.
4 ORD. 1924 NCS
5 USE PERMIT PARIS - MIIVIlVIUM NUMBER
6 REQUIRED FOR APPLICATION
~ Adopt Ordinance 1924 NCS. amending Section 13.28.050 B of the Petaluma Municipal
s Code ' iJse of Public Parks' to state that any organized activity in which twenty or .more
9 persons are expected to participate. and attend, or which is publicized prior to the date of
io the activity, or which requires special City Services will be required to take out a Park
11 Use Permit. This action is the result of discussions at several Council meetings where
12 neighbors of the McNear Park area expressed concern about use of that park.
13 ORD. 1925 NCS
14 SONOMA GLEN TOWN I~OiJSES
15 Adopt Ordinance 1925 NCS' approving rezoning. of Sonoma. Glen Townhouses to Planned
16 Unit Development fora 142 lot town house subdivision.
~~ RESO. 93-.125 NCS
1s SONOMA GLEN TOWN HOiJSES PUD
19 Resolution 93-125 NCS approving a Planned Unit Development Plan for Sonoma Glen
20 Town houses with associated Development Standards fora 142 unit project.
21 RESO. 93-126 NCS
22 SONOMA GLEN TOWN IIOUSES TENTATIVE MAP
23 Resolution 93-126 NCS approving the Tentative Subdivision Map for 142 Sonoma Glen
24 Town houses.
2s RESO. 93-127 NCS
26 1994. RESIDENTIAL DEVELOPMENT ALLOCATION POOL
27 Resolution 93-127 NCS Setting Allocation Pool of 500 units.
2s RESO. 93-128 -NCS
29 GRANTING OF 1994 ALLOCATIONS
3o Resolution 93-128 NCS Granting 1994 Allocations and Reservations for the 1995
s i Allocation pool:
May 17, 1993
Vol. 27, Page 343
1 1994 Allocations
2 Corona/Ely Dev. Agreements 213
3 In-Fill 45
4 Gatti Property 100
s Hillview Oaks a 30
6 Wisteria 32
7 Total Granted 420
s
9 Unallocated 80
to TOTAL POOL 500
11 1995 Reservations
12 Gatti
13 Corona Ranch
14 Corona/Ely Agrmts prior reserved
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RE5®. 93-129 NCS
DENYING 1994 ALLOCATION REQUESTS
17 Resolution 93-129 NCS' Denying 1994 Allocations of Lakeville Equities who requested
is 100 allocations and reservations for an additiona1253 allocations over the next three years
19 on 22.5 acres to be located at Lakeville Highway and Casa Grande Road.
20 RESO. 93-130 NCS
21 FARMERS MARI~E1' -WALNUT PARK
22 Resolution 93-130 NCS authorizing closure of one-half of Fourth Street between D and E
23 for this year's Farmer's Market to be held at Walnut Park on Saturday afternoons
24 between June 5 to October 30.
2s * * * * * End of Consent Calendar * * * * *
26 15 POLICE RADIOS
27 The resolution authorizing purchase of 15 police radios was continued, because there was
2s a Council question regarding the Empire Communications bid which appeared to be the
29 lowest if you take into consideration the 20 % discount for cash.
3o CIIAM~ER OF CONII~RCE VISITOR PROGRAM
31 The Chamber of Commerce had requested to speak regarding their Visitor Program and
32 how it may be a positive factor in the budget process. Lee Heinz, Executive Director,
33 Gerri Parilla and Lyndi Brown addressed the Council. It is their hope that there would be
34 developed a specific percentage-of--TOT-Funds as the annual Chamber of Commerce
3s Visitor Program share of those funds. Staff estimated the TOT funds will be before the
36 Council about mid-June. At that time all the applicants for these funds will be invited to
37 attend the meeting in order to present their justification for receipt of a portion of the
3s funds. The reason the Chamber .made the request to be before the Council at this time is
39 they were of the understanding there would be no opportunity to publicly address the
4o Council on this topic. The Council suggested that since the City departments have been
41 asked to reduce their budget requests, the Chamber also be prepared to address the issue
42 of a reduction in available funding.
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Page 344, Vol. 27
May 17, 1993
1 ORD. 1923 NCS
2 CAI~ROOM I~EGUI;ATIONS
3 Adopt Ordinance 1923 NCS amending the Zoning Ordinance. 1072 NCS to add
4 regulations regarding cardroom operations:q Mayor Hilligoss arrived at 3:45 p:m. After
5 some discussion about the specifics of distance between cardrooms, the Palo Alto
6 ordinance that was the model for this, the potential. of Police problems. particularly with
~ cardrooms as close to each other as the 250 feet which had been suggested at one time
s and the experience this City has -had in cancelling a problem Use Permit, the vote to
9 adopt the ordinance was as follows:
10 AYES: Nelson, Barlas, Read, Vice Mayor Sobel, Mayor Hilligoss
~11 NO; Shea, Hamilton
12 ABSENT: None
13 LOCAL IiAZARDOUS MATERIAL PLANNING ADVISOR' COMMITTEE
14 The request was for .the Council to authorize execution of an .amended agreement -for
15 membership of the .Local Hazardous Material Planning Advisory Committee. At the
16 request of ahe County Public Works Department the matter was. continued to a later date.
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RESO. 93-131 NCS
23 Resolution 93-131 NCS authorizing issuance of Tax Revenue Anticipation Note FY
24 93/94.. Councilwoman Read left the room. This is a short term borrowing to fill in cash
25 because the timingg of the City's revenue is not as consistent as its. costs are. The
26 proposed issue of $3.5 Million will be 'issued at an estimated interest rate of 2.6'% for 12
27 months: The net proceeds will be invested at approximately 5 %. and will earn $174,500
2s interest. The net. earnings on interest revenue is anticipated to be $23,300 which will go
29 into the General .Fund. -The notes will be issued m fully registered form with no
3o coupons. This investment .will be pooled with. approximately 124 other local agencies
31 through the League of California. Cities and the California State Association of Counties,
32 which has developed. an .organization entitled California Statewide Community
33 Development Authority or CSCDA to issue the Tax and Revenue Anticipation Notes
34 under the California Cash Flow .Financing .Program.
35 In addition 'to approving the issuance of the notes, the .resolution approves. retention of
36 Orrick; Herrington & Sutcliffe of Los Angeles as Bond Counsel and Sutro & Company of
37 Los Angeles as Underwriter. U. S. Trust Company of California, N.A.., of Los.Angeles.
3s will. handle the note paybacks as trustee. Introduced by Carole Barlas, seconded by Jane
39 Hamilton.
40 AYES: Nelson, Barlas, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
41 NOES:. None
42 ABSENT: Read
May 17, 1993
Vol. 27, Page 345
SONOMA COUNTY WASTE MANAGEMENT AGENCY
2 The proposed Council action to appoint City representatives to Sonoma County Waste
3 Management Agency was continued until after the July appointment of Council liaison to
4 the various committees.
5 CLOSED SESSION
6 The Council recessed to Closed Session to discuss significant exposure to litigation with
~ the City Attorney.
a ADJOURN
9 The Council adjourned to Buona Sera Restorante, 148 Kentucky Street.
to RECONVENE -ROLL CALL,
11 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel,
12 Mayor Hilligoss
13 ABSENT: None
14
PLEDGE ®~ ALLEGIANCE
15 City Engineer Tom Hargis led the Pledge of Allegiance to the Flag.
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22
PUBLIC COMMENT
Richard Sharke, 1712 Orinda Court -Regarding the McDowell Drug Task Force - it
looks like there is a good possibility there, will be no DARE money available for the drug
awareness for the youth of the community. He also commented on the fact that Sgt.
Kerns is being taken out of the drug program in the schools. Mr. Sharke said students
look forward to the sixth grade when they can hear Sgt. Kerns make the drug awareness
presentation.
23 Irv Sutley -read Article 16 of the California Constitution relating to religious activity.
24 He said the City Council's Oath of Office is not being followed if they have invocations.
25
CITY COUNCII, COMMENTS
26 Jane Hamilton -asked about the possibility of allowing Mr. Williams to take a small
27 group on a trip up to Lafferty Ranch. This tour has been on hold since January waiting
2s for the appraisal for the Moon Ranch. The Council consensus was to allow a small group
29 to go up to the Lafferty Ranch site.
3o Bonnie Nelson -Regarding the Committee on the Youth at Risk -there will be a meeting
31 on May 27 at 7:00 p.m. at the Lucchesi Community Center. She invited people to attend
32 and speak their thoughts on Petaluma.
33 Lori Shea -Are there any plans to paint the Balshaw Bridge before the River Festival.
34 Staff is going to check with the manufacturer to determine what manner of treatment is
35 recommended. In any case, there is not a budgeted amount to accomplish that at this
36 time.
37 -----She asked that the DARE program be placed on the agenda.
Page 346, Vol. 27 May 17, 1993
1 Brian Sobel -The .Press Democrat .had an article about retired, disabled Police and
2 Firemen. He noted the number of disabilities in the County is extremely high. He added
3 that it would behoove the City Council to know what the City's own situation is. He
4 asked .for that information as well as why and how people are being disabled. Perhaps
5 these situations could be reduced by changing something in the job duties.
6 Nancy Read -Passed out information on the "Siege on Sacramento" and buttons that said
7 STOP taking local.. funds.
s Mayor Hlligoss noted she will also be attending that function
9 PROCLAMATION
to Mayor Hlligoss read a proclamation for, .Pet Awareness Week. The proclamation was
11 presented to Elizabeth Heron.
12 ORD. 1926 NCS
13 SMOI{ING ORDINANCE
14 Introduce Ordinance 1926 NCS amending Chapter 8.20 of the Municipal Code regarding
15 regulations of smoking. in certain public places. The ordinance that was before the City
16 Council included all the previously proposed amendments incorporated,
17 Speakers from the Public:
is The Chamber of Commerce expressed.. support of the ordinance.
19 Jenness ,Hayden, health educator -opposes ordinance.
20 Deena Wade, Stop Tobacco. Access 'for Minors -opposes ordinance.
21 Simon Corwin -please ban ,smoking in public places.
22 JoAnn Pozzi -opposed to ordinance; if .you do not adopt this ordinance there will still be
23 the option of choice for smokers and for non-smokers in this City.
24 After considerable discussion by the Council as to whether or not this ordinance would be
25 a sufficient improvement over Ord.. 1704 NCS and whether or not there would be a
26 negative impact on Petaluma businesses who would prefer to allow some smoking, it was
27 moved by Bonnie Nelson and seconded by Carole Barlas to keep the old ordinance (Ord.
2s 1704 NCS) in effect.
29 AYES: Nelson, Barlas, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
30 NOES: Read
31 ABSENT: None
32 RESO. 93-132 NCS
33 REFUSE COLLECTION RATES -ADDING YARD WASTE COLLECTION
34 Resolution 93-132 NCS approving refuse collection rates to incorporate: yard waste
35 collection program. After staff's introduction, Kevin Walbridge of Empire Waste
36 Management -Santa Rosa, reviewed the proposal and answered the CounciP s questions.
3'7 In compliance with the State requirement to divert as much waste as possible to recycling
3s programs, the City has reached the level of 17% of its waste being sent to diversion
39 programs.
May 17, 1993 Vol. 27, Page 347
1 Currently for most residents glass, cans, plastics., paper (both newspaper and coated paper
2 such as magazines) are picked up at curbside by the "garbage company". The goals are
3 to reach 25 % diversion by 1995 and to reach 50 % diversion of waste by the year 2000.
a The yard waste pick-up is planned to be a bimonthly collection of yard material, grass,
5 trimmings, and the like. The yard waste pick-up would be taken from the 90 gallon cans
6 currently being used by most residents for their garbage. New cans will be issued to
7 residents, and either the 60 gallon or the 30 gallon cans would be used for garbage. So
s residents with this option would have two cans, one for garbage and one for yard waste.
9 The proposed rate schedule, including franchise fee, is as follows:
1o Can Size Monthly Rate
11 30 gallon 6.65
12 60 gallon 10.05
13 90 gallon 17.70
14 Backyard recyclers* 1.00
15 * Backyard recyclers would receive a voucher which would allow them to reduce
16 their annual rate by $12.00.
17 The rate was introduced by Vice Mayor Sobel and seconded by Bonnie Nelson.
18 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor
19 Hilligoss
20 NOES: None
21 ABSENT: None
22
PET POPUI.ATI®N C®NTit®I. PR®GRAMS
23 The discussion of pet population control programs was removed at the request of Thunder
24 and Lightning.
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RES®. 93-133 NCS
31 On the continuing Lakeville Highway Widening Channelization and Signalization Project
32 staff advised that the General Plan states no road should be reduced in Level of Service.
33 If the widening of Lakeville is not accomplished, its Level of Service E will be reduced
34 down to Level of Service F at build-out of the General Plan. This project has been on the
35 drawing board since 1978 when the City initiated a Plan Line Study to establish right-of-
36 way requirements. In 1988, the project was partly completed when the sound wall was
37 erected with assessment district funds in order to alleviate freeway noise for the residents
38 whose homes backed onto Lakeville Highway. The project is being designed from the
39 Caulfield Lane and .Lakeville site to the Frates Road and Lakeville site. Staff pointed out
4o the new traffic signals, median areas, land acquisition sites, drainage channel. filling area,
41 sidewalk construction, and commuter parking lot amendments. It was noted that the
42 northbound Highway 101 off-ramp signalization construction project was begun earlier in
43 the day. There were also maps on the side wall showing that the same information.
CITE' TO PItOCEEI9 WITII DESIGN ANI) CONSTItIJCTION
MANAGEit TO NEGOTIATE CERTAIN CONTRACTS
Page 348, Vol. 27
May 17, 1993
~ The total. cost of construction, including design, administration, and contingency, is
2 estimated to be :$8.2 Million. The final design is expected to be completed by Summer of
3 1994. At this time. the costs will be more accurately identifiable. The assessment district
4 formation can begin when costs are known. Construction time is estimated to be 18
5 months.
6 The initial study indicates the potential impacts relate, t~ noise, filling of wetlands and
7 drainage ways, possibility of encountering contaminated groundwater :and. right-of--way
s acquisition. The sound wall was constructed to protect. residential properties within the
9 65 decibel' contour. Two tidal. drainage ways will be undergrounded. The cause is the
io existence of .support columns for the .Highway 10.1 overcrossing at that poinf as well as
i i the proximity of the railroad. Replacement wetlands will be created off-site along Adobe
12 Creek.
13 There appears to be no obvious sign of hazardous materials in the soil; however,
14 inspections will. be made during construction to check .for .and deal with that possibility.
is Regarding right-of--way needs, no buildings will be affected, but some trees may be.
~6 Tree replacements will be included in the highway landscaping plan.
~~ The hearing was opened. David Meisle of Santa Clara Lane expressed his negative
is feelings about the sound generated by the truck traffic. He suggested reduced speed and
i9 control of parked trucks in no parking areas on Lakeville.
20 Jon Hoke of San Rafael Drive said noise and exhaust fumes are a problem for him.
21 Windows shake when trucks go by.
22 Chris Christensen of Santa Rosa, owner of Lakeville Mini-Storage, said the project will
23 not benefit his property, although the stop sign at Lakeville and Casa Grande Road will
24 help.
25 All three speakers asked why the City is paying to construct a State Highway. They had
26 been advised by staff that the State of California will pay only 12.5 % of the cost. It was
27 suggested they attend the Assemblywoman Vivian Bronshvag public meeting in the
2s Council Chambers this Thursday evening. This would be a good time to repeat. the points
29 made to the Council regarding speed and City construction of a State highway.
3o Pat. Peck owner of property on Casa Grande Road expressed her feelings of unfairness
31 because the assessment she feels will be levied. She was advised that any amount of
32 assessment that may have been mentioned is quite premature. These figures will not be
33 known for at least another year. The hearing was closed.
34 City Manager John Scharer advised the Council the City hopes to have the project design
35 completed. so the City will be in a good position to apply for any government, funding that
36 may become available. The Federal Government is wor--long on a jobs generating bill' and
37 this is the type of project that could fall into that category.
May 17, 1993
Vol. 27, Page 349
1 Resolution 93-133 NCS requesting CALTRANS to adopt Negative Declaration and
2 approve the project; authorizing City Manager to enter into Cooperative Agreement and
3 to negotiate contracts for design services and right-of--way acquisition, and wetland
4 mitigation specialist was introduced by Vice Mayor Sobel and seconded by Lori Shea.
5 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor
6 Hilligoss
7 NOES: None
8 ABSENT: None
9 LIAIS®N REP®ItTS
1o Vice Mayor Sobel expressed great displeasure with the Viacom change of the C-SPAN
~ ~ coverage to daytime.
12 ADTyURN
13 At 9:45 p.m., the meeting was adjourned.
/,
14 M. Patricia Hilligoss, Mayor
15 ATTEST:
16 Patricia E. Bernard, City Clerk