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HomeMy WebLinkAboutMinutes 05/03/1993May 3, 1993 Vol. 27, Page 329 -~ ~1~~" 1 NIIl~TCTTES O1F' A REGULAR ~ 2 .MEETING O1F' TIIE PETALiTMA CITY COLTNCII, 3 MAY 3, 1993 5 Amendments to these minutes are in "italics " 6 3:00 ~.an. ROLL CALL: 7 PRESENT: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss S ABSENT: Barlas (attending the Sonoma County Transportation Authority meeting) 9 PUBLIC COIVIl~IENT: 1o Jack Balshaw, 1680 Kearny Court, reported that he has received two letters from staff 11 regarding recent comments he has made. He would like to comment again regarding a 12 path between the golf course and the airport for those who want enjoy the open space 13 along that area. 14 MINUTES 15 The minutes of April 19 were amended as follows: 16 ,fig. 317 Line 12 Reality may set in if AB 13 passes there will be 100% smoking ban in 17 all public places. 18 Council consensus was to require posting of notice at entrance to all restaurants advising 19 if business is "smoke free" or if smoking is allowed. 20 Existing restaurants would be "grandfathered" under the existing ordinance until such 21 time as they change 'ownership or use' , at which time they would become 100 % smoke 22 free. 23 New restaurants after January 1, 1994 would be smoke free. 24 Bowling alley would be 50 % as stated. 25 All other provisions of existing ordinance are unchanged. 26 g. 3-1~"'Line 40 to read Ordinance introduced by Vice Mayor Sobel and 27 1~econded by Nancy Read to have 1,000 feet ....... 2s ~y `~ CONSENT CALEr~AR 29 The following items which are noncontroversial and have been reviewed by the City 3o Council and staff were enacted by one motion which was introduced by Nancy Read, 31 seconded by Bonnie Nelson. 32 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 33 NOES: None 34 ABSENT: Barlas 35 RESO. 93-100 NCS 36 CLAIMS AND BILLS 37 Resolution 93-100 NCS approving claims and bills No. 27539 through 27818. 38 RESO. 93-101 NCS 39 RE.TECT NEED BIDS 4o Resolution 93-101 NCS rejecting bids because prevailing wage requirements need not be 41 met with Charter Cities. Page 330, Vol. 27 May 3, 1993 i RESO. 93-102 NCS 2 AWARD WEED CONTRACT 3 Resolution 93-102 NCS awarding weed abatement contract to Angelo Giusti,. 7750 Giusti 4 Road, Forestville CA 95436. s RESO. 93-103 NCS 6 SURPLUS' VEIiICLE SALE 7 Resolution 93-103 NCS authorizing sale of surplus vehicles. Unit 283, 1972 Ford F350 s and Unit 614, 1983 Chevrolet Celebrity. s RESO. 93-104 NCS 1o AWARD MISCELLANEOUS WATER METERS 11 Resolution 93=104 -NCS awarding purchase of miscellaneous water meters to Badger 12 Meter, Inc, 4545 W. Brown Deer Road, Milwaukee, WI 53223-0099. 13 * * * * * End of Consent Calendax * * * 14 RESO. 93-105 NCS 15 SENIIOR SANTO CRISTO .SOCIETY PARADE 16 There was concern in regard to overtime for staff during street closures. It was suggested 17 that the city look into recouping the cost or avoid the cost. is Resolution 93-105 NCS approving partial street closure of'Bassett St, Liberty St, Western 19 Ave, Keller St., C St. and Howard St., for Senhor Santo Cristo-Society Parade to be held 20 on May 9. Introduced by Bonnie Nelson, seconded by Lori Shea. ' 21 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 22 NOES:- None 23 ABSENT: Barlas 24 RESO. 93-106 NCS 25 EXTENDING FY'93-94 BUDGET 26 Resolution 93-106 NCS extending .submission of tentative FY 93-94 Budget to June 7, 27 1993. Introduced by Vice Mayor Sobel, seconded by Nancy Read. 28 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 29 NOES: None 30 ABSENT: Barlas 31 32 33 34 35 36 37 38 39 40 41 RESO. 93-107 NCS related to A. Lease Agreement between the City of Petaluma and the City of Petaluma Public Financing Corporation. B. Agency Agreement between the City and the Corporation. C. Trust Agreement among the City, the Corporation and the Bank of America National Trust and Savings Association, as Trustee. D. Assignment Agreement between the Corporation and the. Trustee May 3, 1993 1 The following sites are included in these actions: 2 Police Facility Building 3 Community Center at Lucchesi Park (2 parcels) 4 Municipal Airport (Airport Improvements/32 Hangars) 5 42.17 Acres from Cramer 6 24.60 Acres from Cramer ~ Acquisition of Street Lights s Introduced by Jane Hamilton, seconded by Bonnie Nelson. 9 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 10 NOES: None 11 ABSENT: Barlas Vol. 27, Page 331 12 RES®. 93-108 NCS 13 CERTIFICATES OF PARTICIPATION - PRELIli~VARY OFFICIAL STATEIVIENT 14 Resolution 93-108 NCS authorizing Preliminary Official Statement. Introduced by Jane 15 Hamilton, seconded by Bonnie Nelson. 16 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 17 NOES: None 18 ABSENT: Barlas 19 RESO. 93-109 NCS 20 ORDERING SALE -CERTIFICATES OF PARTICIPATION 21 Resolution 93-109 NCS ordering sale of Certificates of Participation. Introduced by Jane 22 Hamilton, seconded by Bonnie Nelson. 23 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 24 NOES: None 25 ABSENT: Barlas 26 ORD. 1922 NCS 27 27 HOWARD STREET LEASE 28 Adopt Ordinance 1922 NCS authorizing execution of lease for 27 Howard Street with 29 Community Psychiatric Centers/Redwoods Hospital (CPC Redwoods). Councilmember 3o Nancy Read thought the use of the building should have a Conditional Use permit. 31 Introduced by Jane Hamilton, seconded by Bonnie Nelson. 32 AYES: Nelson, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 33 NOES: Read 34 ABSENT: Barlas 35 ORD. 1923 NCS 36 AMENDING ZONING ORDINANCE TO ADD CARDROOIVI REGULATIONS 37 Introduce Ordinance 1923 NCS amending the Zoning Ordinance to add regulations 38 regarding cardroom operations within the City of Petaluma. 39 Carol Ferrari, 5101 Montero Way spoke again with regard to the distance requirements 4o between cardroom establishments. Page 332, Vol. 27 May 3, 1993 Mike Berges, 5101 Montego spoke again with regard to the distance requirements between cardroom .establishments. 3 Pamela VVliating, 1030 Elsbree Lane, Windsor -concerned about legislative. procedure. 4 Strong feelings about fair and reasonable procedures and practice by our legislative and 5 judicial bodies regarding fairness. 6 It was the consensus of the Council to establish a distance of 1,000' between ~ establishments and' -limit the number of cardrooms to 1 for each. fifteen thousand (13,000) ~ persons residing in the City or .four (4) cardrooms in .total, whichever is less. For the 9 purpose of determining the number of cardrooms permissible, the population is to determined by the .latest estimate of population made `by the Department. of Finance. 11 Ordinance 1923 NCS introduced by Jane Hamilton, seconded by Bonnie Nelson. 12 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 13 NOES: None 14 ABSENT: Barlas 15 RESO. 93-110 NCS 16 OPENING CEREMONIES 17 City Attorney, Rich Rudnansky brought before the Council a draft policy regarding is opening ceremonies of public meetings. 19 Irv Sutley, Glen Ellen would like public-hearings on this matter. He stated there needs to 20 be more input., Mr. Sutley stated that blood may flow in City Hall Chambers if Council 21 adopts this ordinance. By inviting churches and including. invocation Council will violate 22 the California Constitution. The rights of non-religious people and we as atheist will no 23 longer :have our civil rights violated without .speaking up„ We will deal with it. You will. 24 never have an uninterrupted invocation or government sponsored religious ceremony in 25 these chambers again. 26 Steven. Thornton, P.O. Box 14181 Santa Rosa, would like this matter rescheduled for 27 7:00 p. m. for input. Your resolution is not fair. The .C~uncil will define what. is proper 2s religion. and what is not, what can be done and what cannot. Invocation does not need to 29 be a formal part of council meetings. 3o Resolution 93-110 NCS Adopting Policy for Opening Ceremonies . of Public Meetings 31 conducted by the Petaluma City Council. Introduced by Vice Mayor Sobel, seconded by 32 Bonnie Nelson. 33 AYES:, Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 34 NOES: None 35 ABSENT: Barlas May 3, 1993 Vol. 27, Page 333 RESO. 93-111 NCS ABAG' S OPPOSITION TO PROPOSED CZJTS IN I,OCAI, FLINi)S Resolution 93-111 NCS supporting ABAG'S opposition to proposed cuts in local funds by the State Legislature. Introduced by Nancy Read, seconded by Jane Hamilton. AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Barlas 8 Resolution establishing Fair Market Value of Park Land and cost of improvements was 9 continued to June 7. to RESO. 93-112 NCS 11 VACATE EXCESS RIGHT-OF-WAS' .ADJACENT TO GI~~iNT SCI~OOI, 12 Resolution 93-112 NCS intention to vacate unconstructed excess right-of--way (Mc Near 13 Avenue) adjacent to Grant School. Introduced by Bonnie Nelson, seconded by Lori Shea. 14 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 15 NOES: None 16 ABSENT: Barlas 17 RESO. 93-113 NCS 18 STORM DRAIN PA~'BACI~ AGREEMENT-PEP-VALLEJO STREET SENIOR 19 APARTMENTS 20 Resolution 93-113 NCS authorizing storm drain payback agreement with Petaluma 21 Ecumenical Projects for the Vallejo Street Senior Apartments. Introduced by Jane 22 Hamilton, seconded by Vice Mayor Sobel. 23 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 24 NOES: None 25 ABSENT: Barlas 26 RESO. 93-114 NCS 27 SCWA REIMBURSEMENT-PETAI.UMA ECUIVIENICAI, PROTECT-VAI,I,E.TO STREET 28 SENIOR APTS 29 Resolution 93-114 NCS authorizing agreement with Sonoma County Water Agency for 3o reimbursement for Je,~`erson and Payran Streets Storm Drain improvements to be 31 constructed by Petaluma Ecumenical Project Vallejo Street Senior Apartments. 32 Introduced by Jane Hamilton, seconded by Vice Mayor Sobel. 33 AYES: Nelson, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 34 NOES: None 35 ABSENT: Barlas 36 AD.TOURN TO 37 Petaluma Public Finance meeting at 5:15 p. m. f ." ` Page 334, Vol. 27 May 3, 1993 1 7:00 P.M RECONVENE. 2 ROLL CALL• 3 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss a PLEDGE OF ALLEGIANCE Led by Girl Scout Troop #332 5 PUBLIC COMMENT 6 Irv Sutley, Glen Ellen, again spoke against invocations at City Council meetings. If 7 Council continues he will take it all the way to the Supreme Court. a Nicholas Gribkoff, Sonoma Greems, would like the economic compost JPA item re- 9 agendized. He stated he had new information lie would like the Council to see. 1o CITY COiJNCIL COMMENTS 1 ~ Jane Hamilton, Agendize city policy regarding tree planting and maintenance. What 12 kind of pro active policy we can create within the confines of the tight budget. Also 13 would like to hear what information Mr. Gribkoff has on composting. 14 Brian Sobel, would like the composting done in two. phases. Have the information 15 presented to the Council and see if we think that warrants further discussion. 16 Bonnie Nelson, would like to see the new composting information. She would like an 17 elected official on the JPA. is Mayor ~Iilligoss, reported that she went to 'Loyalty Day' with the BFW and was an 19 honored guest at the Ginco De Mayo Festival. 20 REPORT FROM COMMLTIrTITY CABLE ADVISORY COM]VIITTEE 21 Gene Beatty, Assistant City Manager, spoke with regard. to the Cable Committee that was 22 established to provide assistance to the Council in working its way through the process 23 and evaluating any proposal that the City would get from Viacom. The task of the 24 committee is to determine whether or not Viacom has signif cantly complied with the 25 current franchise. Also to evaluate Viacom's customer service and to evaluate the 26 communities future cable needs. 2~ The new Cable Act which Congress passed in 1992 requires FCC to establish new rules 2s regarding the re-establishment of local control over basic cable rates. 29 Nancy Read, .feels there will be more channels available to subscribers utilizing cable in 3o the schools., .banks, etc. Information has been gathered through public hearings. and 31 through a public survey to help the City achieve a better level of service to the 32 community. May 3, 1993 Vol. 27, .Page 335 1 Brian Sobel, City has not had the ability to legislate rate making and programming. We 2 are hoping .for legislation that will give local government more power in that regard. He 3 commends the Citizens Advisory Committee. Good work is being done and the meetings 4 are always open to the public. 5 I)RAg'T SM®KING ®RDINANCE 6 Gene Beatty, Assistant City Manager discussed the Smoking Ordinance with new 7 language incorporated. s Jack Tobin, spoke again about the health issue and being in favor of 100% ban. 9 Lee >EIeinz, Chamber of Commerce, supports the proposed revisions to the current 1o smoking ordinance. 11 Jeff Harrianan, McNears, opposes 100 % ban in restaurants. 12 Ken ®'Donnell, McNears Saloon, opposes 100% ban in restaurants. 13 Wes McCoy, Buckhorn Tavern, opposes 100% ban in restaurants. 14 Rob McCaughey, Jr., Mister McGoo's, opposes 100 % ban in restaurants. 15 Mark Medeiros, 200 Jessie Lane, opposed to cigarette smoke in public places. Children i6 under 18 should not be allowed in establishments that allow smoking. 17 Torn Phillips, Mr. Mom's Cafe, opposed 100% ban in restaurants. If in 5-10 yrs. tried is to sell his restaurant, he might lose a sale if he has to contend with the non-smoking ~9 issue. Grandfather clause should be considered with respect to that. 20 Matt ~Iudson, Representative of Boulevard Bowl, fine tune language with regards to the 21 bowling alley. 22 Council Comments° 23 Proposed smoking amendment does not allow new businesses to be competitive with those 24 already in existence. Choose a date after which smoking in restaurants is prohibited and 25 then allow 20% of the restaurant's to apply and receive exemption due to financial 26 hardship or economic impact. Would like Council to work out separate policy for the 27 bowling alley to protect children and address the issue of employees. Support the idea of 2s non-smoking in the work place so an employee does not suffer reprisal. 29 If you ban smoking in restaurants you have to ban it everywhere. Page 336, Vol. 27 May 3, 1993 ~ If smoking is not allowed in one establishment it should not be allowed in any 2 establishment. 3 Agree with a hardship appeal process for certain restaurants. Allow bars to have 4 smoking because of the age limit. Strengthen the ordinance further than it is now that 5 will speak to it as a health problem for the majority of the people and still ,allow some of 6 our businesses to survive. Change definition of bar/restaurant. Support the idea of non- ~ smoking in the work place so an employee does not suffer reprisal. s If a person does not want to see. a certain situation exist take it up with the management 9 of the establishment personally. io Under heading Definition define "use ", Revise language of Bar/Restaurane combination ~ 1 where income from the sale of alcohol is between 60-65 % of the revenue of the business. 12 Change language for Bowling Alley. 13 The Ordinance will be brought back May 17 for introduction. 14 RESO. 93-115 NCS 15 LAURITZEN/NUKES 614 "C" STREET/44 SIXTH STREET 16 Resolution 93-115 NCS confirming Council's denial of the appeal of the Planning 17 Commission decision. Liona Spring spoke again referring to the density of the property is at 44 Sixth Street. ..Stated there were 6 sections in the main house which are. rentals. She 19 was informed that kitchens were removed from 4 units making them sleeping units only. 20 Mike Luritzen spoke in favor of the lot line adjustment. 21 Introduced by Viee Mayor Sobel, seconded by Lori Shea. 22 AYES: Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 23 NOES: Nelson, Barlas, Read 24 ABSENT: None 2s RES®. 93-116 NCS 26 CEQA GUIDELINES 27 Resolution 93-116 NCS adopting updated Environmental Review Guidelines for 28 implementation of the California Environmental Quality Act (CEQA). 29 There has been a request for mandated hearings of environmental impact reports at the 3o Council level. This would be a change in the regulations. It was also recommended that 3 t additional information be available for those who request it. May 3, 1993 Vol. 27, Page 337 1 David Keller, 1327 I Street, open up process for environmental review at an early stage 2 so that public can be aware of what is happening and participate in the process. 3 It was the consensus of the Council to have an unwritten policy allowing any interested 4 party to be apprised of the current Project L-og with CEQA column included. Staff to 5 track any complaints with the process. When the guidelines are updated the policy will 6 be evaluated at that time. ~ Introduced by Nancy Read, seconded by Carole Barlas. 8 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 9 NOES: None 10 ABSENT: None 11 ~ RES®. 93-117 NCS 12 ALC®H®L USE 1VICNEAR PARK 13 Resolution 93-117 NCS restricting the use of alcoholic beverages at McNear Park to the 14 group picnic area only. Groups desiring to use alcoholic beverages must reserve the 15 Group Picnic area through the Parks and Recreation Department, and upon approval, are 16 authorized to use alcoholic beverages from 10:00 a. m. to dusk. 17 Introduced by Bonnie Nelson, seconded by Jane Hamilton. 18 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 19 NOES: None 20 ABSENT: None 21 ®RD. 1924 NCS 22 li'ICN~Alt PARK 23 Introduce Ordinance 1924 NCS amending Section 13.28.050 (B) of the Petaluma 24 Municipal Code Facility Permit Required be amended to read organized groups of ' 20' 25 or more persons instead of ' S0' or more people at McNear Park. Introduced by Bonnie 26 Nelson, seconded by Jane Hamilton. 27 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 28 NOES: None 29 ABSENT: None 3o HANffi,T®N LLD TOB HOUSING DEVEI,®PIV~NT 31 Letter from Petaluma City Council encouraging the City of Novato to achieve the best 32 jobs/housing balance possible with. regard to the proposed project of mixed use 33 residential, retail, office and light industrial on 414 acres at Hamilton Field Air Force 34 Base. Page 338, Vol. 27 May 3, 1993 1 It was the consensus of the Council to send the letter with few revisions. Introduced by 2 Jane Hamilton, .seconded by Lori .Shea. 3 AYES: Barlas, Read, Shea,, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 4 NOES: Nelson 5 ABSENT: None 6 RESO. 93-11~ NCS 7 .YELLOW CIIECI£ER CAB 8 Resolution 93--118 NCS approving a Certificate of Public Convenience & Necessity for 9 Jongaris, Inc dba Yellow Checker Cab. Introduced by Vice Mayor Sobel, seconded by to Bonnie Nelson. 11 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 12 NOES: None 13 ABSENT: None 14 15 16 RESO. 93- NCS 17 Resolution 93-119 NCS approving a Mitigated Negative :Declaration. Introduced by Vice 18 Mayor Sobel, seconded by Carole Barlas. • 19 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss • 20 NOES: None 21 ABSENT: None 22 23 RESO. 93-120 NCS 24 QUARRY GARDENS SUBDIVISION (McNear Ave. south of Mission Dr )- TENTATIVE 25 MAP 26 Resolution 93-120 NCS approving Tentative Subdivision Map. Introduced by Vice 27 Mayor Sobel, seconded by Carole Barlas. 28 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 29 NOES: None 30 ABSENT: None 31 RESO.93-121 NCS 32 CIIERRYWOOD SUBDIVISION 33 Resolution 93-121 NCS approving an amendment to condition #5 of Resolution 89-36 34 NCS approving the Cherrywood Subdivision regarding fencing construction. Introduced 35 by Jane Hamilton, seconded by Lori Shea. 36 AYES: Nelson, Barias, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 37 NOES: None 38 ABSENT: None May 3, 1993 Vol. 27, Page 339 1 ORD. 1925 NCS 2 SONOIVIA GLEN TOWN~IOUSES - PUD 3 Introduce Ordinance 1925 NCS approving rezoning from Planned Unit Development to 4 Planned Unit Development. Introduced by Nancy Read, seconded by Carole Barlas. 5 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss 6 NOES: None 7 ABSENT: None 8 Resolution approving a Planned Unit Development Plan with associated Development 9 Standards and Resolution approving a Tentative Subdivision Map will be brought back at to the May 17 meeting. ~ 1 GENERAL PLAN REVIEW-SURVEI' 12 Warren Salmons reported that the Community Survey for the General Plan Review. The 13 survey cannot be done as quickly as planned so the workshop dates will be moved to after 14 July 1. 15 LIAISON REPORTS: River Enhancement 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 The headline in the newspaper stating the River Enhancement Plan will cost $44 million was a rough figure. This project will be spread over two decades with 60% of the money coming from Redevelopment Funds and outside agencies. ATTEST: "f - De~City Clerk AI)TOURN 10:50 p.m.