HomeMy WebLinkAboutMinutes 04/19/1993April 19, 1993
Vol. 27, Page 311
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4 MINUTES OF A REGULAR
5 MEETING OF THE PETALUMA CITY COUNCIL
6 APRIL 19, 1993
8 3:00 p.m. ROLL CALL:
9 PRESENT: Nelson, Barlas, Read, Shea, Vice Mayor Sobel,
to Mayor Hilligoss
11 ABSENT: Hamilton
12 PUBLIC CONIlVIENT:
13 Jack Balshaw, 1680 Kearny Court would like water customers to be notified when water
14 is going to be shut off for any period of time. He is also concerned about public works
15 vehicles blocking traffic when making repairs to traffic signals.
16 Irv Sutley, Glen Ellen, when will Invocations be on the agenda next. He was told it
~~ would be on the May 3 agenda. He has legal counsel Mr. Karl Leipnick, 425 Grant.
18 Street, Healdsburg.
19 Steven Thornton, Chairman ACLU, would also like to be informed of future meetings
20 when Invocations will be discussed.
21 / MINUTES
22 fi'I'he minutes of April 6 were approved as amended: Page 305 Line 5,6 it is not acceptable
23 for residents to paint over graffiti.
24 CONSENT CALENDAR
25 The following items which are noncontroversial and have been reviewed by the City
26 Council and staff will be enacted by one motion, unless a member of the City Council has
27 a question regarding the item and asks that item be withdrawn from the Consent
28 Calendar. The Mayor shall then reschedule it in any order she deems appropriate on this
29 agenda.
3o AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss
31 NOES : None
32 ABSENT: Hamilton
33 RES®. 93-8Y NCS
34 CLAIMS AND BILLS
35 Resolution 93-81 NCS approving Claims & Bills #26951 through #27538.
36 RESO. 93-82 NCS
37 STREET CLOSURE FOR THE BUTTER & .EGG DAYS PARADE AND ANTIQUE
38 FAIRE
39 Resolution 93-$2 NCS authorizing closure of portions of Petaluma Blvd. , and Kentucky
4o St. for the Butter & Egg Days Parade to be held on Apri124 and portions of Kentucky St.
41 between "B" St. and Washington St. Apri125 for the Antique Faire.
Page 312, Vol. 27 April 19, 1993
~ RESO. 93-83 NCS
2 CORONA CRESCENT SUBDIVISION FINAL MAP
3 Resolution 93-83 NCS approving final .map for Corona Crescent Subdivision.
4 RESO. 93-84 NCS
5 WASHINGTON CREEK APARTMENTS
6 Resolution 93-84 NCS approving Quit Claim Deed of existing waterline easement within
7 Washington Creek Apartments.
s RE50. 93-85 NCS
9 LAKEVILI;E HWY TRAFFIC SIGNALIZATION
1o Resolution 93-85 NCS awarding bid to Steiny and Company, Inc. 27 .Sheridan Street,
11 Vallejo, CA 94590 for the installation of a traffic signal at Lakeville Hwy and US 101
12 Freeway Northbound Ramps. Project No. 98.17.
13 RESO..93-86 NCS
14 CARDIAC MONITOR/DEFIBRILLATORS
15 Resolution 93-86 NCS' authorizing the Fire Department to purchase three new cardiac
~6 monitor/defibrillators from Zoll Medical Corp for a total of $32,969.00.
17 RESO. 93-87 NCS .
is EMERGENCY PETALUMA TRANSIT BITS REPAIR
~9 Resolution 93-87 NCS authorizing emergency repairs to transit bus by 101 International,
20 Inc. in the amount of $6,532.35.
21 RESO. 93-88 NCS
22 PETALUMA SWIM. CLUB AGREEMENT
23 Resolution 93-88 NCS approving joint use agreement between the City of Petaluma and
24 the Petaluma Swim Club regarding use of the Petaluma Swim Center.
25 RESO. 93-89 NCS
26 RETAINING WALL - WISEMAN PARK
27 Resolution 93=89 NCS accepting completion of the construction of a retaining wall at
2s Wiseman Airport. Park. Work done by Ed Bonn Masonry
29 * * * * * End of Consent Calendar
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31 LETTER FROM GARDEN GROVE
32 RE: CONSTITUTIONAL AMENDMENT
33 Mr. Bob Dinsen of the City of Garden Grove is soliciting
34 assistance and support from all city councils to develop and
35 place an initiative on the ballot which would reserve
36 spending tax revenues for local governments. It was the
37 consensus of the council to draft a resolution to send to the
38 League of California Cities and ask them to use as a model to
39 gain support through the system.
April 19, 1993
Vol. 27, Page 313
1 M®BILE I~®ME RENT FREEZE
2 There was some discussion of freezing rental rates while the council explores negotiated
3 leases or a rent control ordinance. Novato's ordinance was reviewed and determined it is
4 not a rent freeze ordinance. It provides that the mobile home park owner has to submit to
5 the City Manager any proposed rental agreements in excess of 12 months in order for the
6 city to determine whether or not it is in compliance with the law. In many rent control
7 ordinances there are rent roll back provisions. Roll backs appear to be appropriate in the
s event an urgency ordinance is passed. Lease terms of 12 months or more are exempt
9 from rent control ordinances.
1o There is a possibility that if an ordinance is not passed during the time negotiations are
~ ~ going on, there could be rent increases. There is also a 30-60 day notice before any rent
12 increase goes into effect. If the owners start blanket raising rents it could be brought to
13 the attention of the council and if there was not an urgency ordinance then there would be
14 a stronger argument for an urgency ordinance at that time.
15 Cathy Stewardson, Leisure Lake -spoke on behalf of Petaluma Area Mobile Home
16 Residents. They would like the council to adopt an ordinance similar to the city of
17 Novato. The purpose of which is to protect tenants from entering into long term leases.
1s They would also like the urgency ordinance adopted while the fair rent ordinance is being
19 contemplated.
20 Terry Rankin, Little Wood -The need for an ordinance is urgent as there are a lot of
21 people in the parks that are going through the resigning of their leases. Once a new
22 lease is signed prior to the expiration of a current lease makes an owner exempt from any
23 ordinance that may be passed.
24 Coleman Persily, GSMOL, San Rafael -The Novato ordinance also says that the city
25 council will advise the person who is to sign a lease his/her rights.
26 David D. Young, Park Owner -Did not agree with any of the speakers. He will not
27 agree to a rent freeze during deliberations. Wanted to know what parks have low income
2s people living in them?
29 This item will be discussed Thursday evening at the Mobile Home Committee and
3o brought back to council on Apri126.
31 ®RD. 1922 NCS
32 LEASE 27 H®~VARI) STREET
33 Introduce Ordinance 1922 NCS authorizing City Manager to enter into a lease agreement
34 with CPC Redwoods Hospital. The program is designed to help people (mainly seniors)
35 who are currently suffering from a psychiatric disability, who could benefit from
36 treatment designed to help them regain mobility and independence.
37 The lease is for one year with a two year option at $1,300, per month. CPC will receive
3s credit of $300 per month for up to three years or the amount of the cost of the work for a
39 handicap access to the structure. Page 1 paragraph 6 of the lease agreement was revised
4o to add 'Patient load and scheduling shall correspond to Exhibit "A " attached hereto and
41 incorporated herein and may be modified only as outlined below. Introduced by Vice
42 Mayor Sobel seconded by Carole Barlas.
43 AYES: Nelson, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
44 NOES: Read
45 ABSENT: Hamilton
Page 314, Vol. 27 April 19, 1993
RESO. 93-90 NCS
REHABILITATION OF 27 IIOWARD.STREET
Resolution 93-90 NCS awarding bid for rehabilitation of 27 Howard Street to Hamilton
Development Company.. Introduced by Lori Shea seconded by Bonnie Nelson.
AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES.: None
ABSENT: None
8 RESO. 93-91 NCS
9 REGIONAL TRAFFIC SIGNAL OPERATIONS/ISTEA PROGRAM
1o Resolution 93-91 NCS approving a Gist of projects submitted to Metropolitan
it Transportation Commission (MTC) for inclusion in the Regional-Traffic Signal
12 Operations Program (R-TSOP), an element of ISTEA. Staff would like to submit an
13 application for funding for the. Lakeville Highway Signal Interconnect :project to
14 Metropolitan Transportation Commission (MTC) for funding under the Regional-Traffic
15 Signal Operations Program (R-TSOP). Introduced by Nancy Read, seconded by Carole
16 Barlas.
17 AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor
18 Hilligoss
19 NOES:,: None
20 ABSENT: Hamilton
21 RESO. 93-92 NCS
22 BAY AREA AIR QUALITY MANAGEMENT I)ISTItICTS AB 434 PROGRAM
23 Resolution 93-92 NCS approving a list of projects for potential funding under the Bay
24 Area Air Quality Management District AB 434 Program. The proposed project financing
25 plan is:
26 McDowell Blvd. Interconnect
27 Petaluma Blvd. Interconnect
28 Lakeville Hwy. Interconnect
29 Introduced by~Vice Mayor Sobel, seconded by Carole Barlas.
3o AYES:.Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss
31 NOES: None
32 ABSENT: Hamilton
33 RESPONSE TO PUBLIC COMMENTS
34 Some council suggestions were to send responses to those requesting an answer to a
35 question, .thank ,you notes for those just making a comment, each counclmember take
36 turns at responding. Speaker cards could be used as a vehicle for who asked a question.
37 It was council consensus for those who ask questions during public comment time to
3s receive a response at the time the question is asked or in writing.. For those who just
39 have a comment to make they will be thanked at the time the comment is made.
4o FILMING POLICIES
41 Assistant City Manager, Gene Beatty, spoke to the Council- on the current filming policy.
42 There have been some complaints of business lost. in the downtown area due to filming
43 crews blocking store fronts.
44 Ken Bradley, Aunt Julie's Toy Store would like the city representatives to meet with
45 some of the downtown businesses that have been impacted to see if there is a way to
46 satisfy those impacted.
47 Lyndi Brown, Chamber of Commerce supports filming in Petaluma
April 19, 1993
Vol. 27, Page 315
1 It was suggested that a file be kept on those merchants that have no interest in filming
2 being. done and providing that list to the film company. The film company can then deal
3 directly with the merchant to come to some kind of an agreement.
4 5 YEAR CIP DRAINAGE IMPROVEMENTS-BUDGET this item was continued to April
5 26.
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® 7 RE50. 93-93 NCS
s CERTIFICATES OF .PARTICIPATION
9 Resolution 93-94 NCS authorizing agreements with Sturgis, Ness, Brunsell and Assaf as
1o Special Counsel and Sutro and Company as underwriter for professional services in
11 connection with issuance of Certificates of Participation regarding refinancing the airport
12 improvement project police facility, community center facility and other outstanding
13 loans and leases at a lower interest rate. Introduced by Vice Mayor Sobel, seconded by
14 Bonnie Nelson.
15 AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor
16 Hilligoss
17 NOES: None
1~ ABSENT: Hamilton
19 ADJOURN TO De Schmire restaurant 5:35 p.m.
20 '7:00 p.m. RECONVENE-ROLL
21 PRESENT: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor
22 Hilligoss
23 ABSENT : Hamilton
24 PLEDGE OF ALLEGIANCE
25 The Pledge of Allegiance was led by Eugene Peil.
26 PUBLIC C®NIIVVIENT
27 Eugene Peil, 749 Bantam Way, spoke on safe and sane fireworks. He would like the
2s different organizations to find other ways to raise money other than selling fireworks. He
29 would like to see a ban.
3o Virginia Ritchie, 50 Wilmington Drive spoke with regazd to the Twin Creeks project.
31 She is concerned with any two story homes which would be 30' high with less than a 25'
32 setback. She feels this will impact the privacy of those living on Wilmington Drive. She
33 would also like to see some of the homes wheel chair accessible.
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35 CITY C®iTNCII. C®MMENTS
36 Bonnie Nelson, would like to agendize fireworks.
37 Cazole Bazlas, would like to discuss a city sister program at a future meeting
3s Lori Shea would like to know how to move agenda items azound so people do not have to
39 wait long hours only to be told the item is being continued.
4o THiJNDER & LIGHTENING -CAT LICENSING
41 Request from Janet Coppini, Founder of the Thunder & Lightening Cause is asking for
42 support in implementing a cat licensing program, a mandatory spay/neuter ordinance and
43 declaring Apnl "Prevent a Litter Month".
Page 316, Vol. 27 April 19, 1993
Dr. Connie DeHaan spoke with regard to the pet 'over population' and the different
diseases of cats. Pet owners should take responsibility with spaying and neutering their
pets.
Captain Dave .Long of the :Police Department advised that establishing a chip implanting.
program to license cats would be approximately $20,000 to start up. He also stated that
the enforceability would be difficult especially with the colonies of feral. cats.
It was suggested that the Thunder and Lightening Cause group could fund raise to provide
start up costs and' then a licensing fee that would cover the cost of the program.
9 Captain Dave Long will come back with additional information of .implementing a
to licensing program. It was suggested that the three requests by Yanet Coppini be done in
11 segments rather than all at one time.
12 LAURITZEIV/NUKES
13 44 6TH STREET
14 Tim McCann, Planner advised Council that there was an appeal of the Planning
15 Commission .decision to authorize an increase in the existing nonconformity of 44 6th
16 Street regarding variances and lot line adjustment betaveen 614 C Street and 44 Sixth
17 Street.
is Liona Spring, 40 Sixth Street - Feels that the Planning Commission decision was made
19 with little consideration to the neighborhood. There are too many units at 44 Sixth
20 Street.
21 Planning staff advised that ..four units were, removed from 44 Sixth Street leaving only 4
22 units on the property which is in conformance with what has been recognized as being
23 legal nonconforming units. The kitchens were removed from a number of dwelling units,
24 they are now sleeping rooms.
25 Michael Lauritzen, 614 "C" Street would like to see the lot line adjustment granted.
35 PROCEEDINGS
36 Resolution 93-95 NCS initiating proceedings for the formation of Hillview Oaks
37 Subdivision Landscape/Lighting IVlaintenance District. Introduced by Naney Read,
3s seconded by Carole Barlas.
39 AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor
40 Hilligoss
41 NOES: None
42 ABSENT: Hamilton
.. ~ , .
April 19, 1993
Vol. 27, Page 317
1 ICES®. 93-95 NCS
2 IIILLVIEW OAKS LANDSCAPE ASSESSMENT DISTRICT -ORDERING
3 IMPROVEMENTS
4 Resolution 93-96 NCS ordering improvements and the formation of the assessment
5 district. Introduced by Nancy Read, seconded by Carole Barlas.
6 AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor
7 Hilligoss
8 NOES: None
9 ABSENT: Hamilton
to SMOKING ORDINANCE
11 Carlos Bedell: Spoke in favor of .strengthening current ordinance.
~i2 Sarah Kuh: Works for North Bay Health Resources Center. ,She is in favor of 100%
13 ban of smoking in public and work places. ~ y+o czy SeL~vxi ~ AB i3 ° ~e~
14 Floy Russell: Petaluma resident in favor of 100% non-smoking in restaurants.[.~ig¢ G~ ioo ado
15 Dixie Schrandt: Petaluma resident in favor of 100 % ban on smoking in businesses and ~,~
16 restaurants. (~-~ ~ ~
17 Dr. Richard Goldberg: Director of Health Education for Sonoma County Health ~, ~-
1 s Department. In favor of 100 % ban of smoking in public places. ,
19 Jenness Ilayden: Works for North Bay Health Resources Center in Petaluma. In favor ~~SP.~
20 of 100% work place and restaurant ban.
21 Juliet Linzer: Representing organization called BREATH (Bar and Restaurant ~~~''
22 Employees Against Tobacco Hazards). Supports 100 % smoke-free work places,
23 including restaurants as work places.
24 Mary IIobi: Feels that restaurants should be allowed to choose whether they want to
25 allow smoking or be smoke-free. The customers can then choose whether or not to visit
26 that establishment.
27 Richard Sharke: Favors strengthening existing ordinance.
2s Gene Williams: Petaluma resident. Believes there is a problem with secondhand smoke.
29 Feels that having non-smoking in public places and restaurants in Petaluma should be
3o decided this year, not next year.
31 Carol Reynolds, Patricia Babb: Carol is Director of Cardiopulmonary Services at
32 PVH. Patricia Babb is Director of Occupational Health at PVH. Support smoke-free
33 work place.
34 Stan Janiak: Executive Director of American Cancer Society in Sonoma County. In
35 favor of strengthening ordinance.
36 Deena Wade: Supports 100% smoke-free work place.
37 Judy Erikson: Field of health education and disease prevention with special emphasis on
38 health of children. Supports 100% smoke-free ordinance in all public places.
39 Robbin Montero: Co-owner of Sonoma Joe's restaurant. Feels current ordinance is
4o adequate. Expansion of ordinance would cause tremendous. amount of loss of revenue to
41 the City, jobs, and failed businesses. Feels business owners "should be the ones making
42 these decisions.
43 Jeff Ilarrianan: Representing owners of McNear's and McNear's 40 employees.
44 Against total smoking ban.
45 Doris Angus: President of Californians Against Restrictive Legislation. Conveyed
46 percentages of loss of business in establishments in Roseville area. Against smoking ban
47 m restaurants.
Page 318, Vol. 27 April 19, 1993
1 I~atba Hair: Business owner and non-smoker. Against total ban of smoking in
2 restaurants.
3 Jack Tobin: Member of Americans for Non-Smokers Rights. Supports total ban on
4 smoking in public places.
5 Matt Maguire: Supports ban of smoking in public places.
6 NDchael Davis: Supports 100% -ban.
7 Jo Ann. Pozzi: Opposes increasing ban. Allow business owners to use good judgment.
s Post sign .indicating 'if establishment allows smoking or not.
9 Michael Sparks; Strengthen ordinance. Go for a totally smoke-free ordinance.
io Michael Rosentl-al: In favor of right of .consenting adults to smoke in private but
11 opposed to all public indoor smoking..
12 Matt Hudson: Representing owners of Boulevard Bowl. Submitted letter with 300
13 signatures of Boulevard Bowl .patrons opposing outlawing smoking in :restaurants,
14 bowling, alleys and bars. Wrote letter outlining a proposal setting forth hours smoking
~5 would be ,prohibited im bowling alley and some effective smoke filtration and
16 replacement. Ask that ,allow smoking when league bowlers are on the premises. Would
17 like to try on a voluntary basis.
1s Rick Kropp: Executive Director of North Bay Health Resources Center and. Project
19 Director of STAMP. Supports 100 % smoke-free ordinance.
20 I,ee Heinz:- Executive Director of Petaluma Area Chamber of Commerce. Existing
21 ordinance is sufficient.
22 COUNCIL~COMMENT:
23 Carole. Barlas: Because of evidence presented, it is valid that secondhand. smoke and
24 smoking itself is a definite carcinogen. This is a very important health issue. C. Everett
2s Koop, the former U. S. -Surgeon General, said the rights of smokers to smoke ends when
26 their behavior .affects: the health and well being of others. As a businesswoman,. she is
27 not insensitive to the economics of the situation. In favor of 100 % ban and possibly
2s working with 'the bowling alley.
29 Nancy Read: There will be a 100% smoking ban in Petaluma. It will happen statewide.
3o Assembly Bull 13 by Assemblyman Friedman prohibits smoking in enclosed places of
31 employment.
32 Brian Sobel: Cannot condone what tobacco. companies do in attempting to enlist kids to
33 smoke. Supports no smoking in' public buildings.. Adults have the option of deciding
34 whether .or not to patronize restaurants that allow smoking. It comes down to a
35 question of adults making a free choice in a free society. And that's. the issue.
36 Lori Shea: I've come to the conclusion that it is a matter of choice. I have made my
37 restaurant.. non-smoking on a volunteer basis. I would like to educate. our business
38 owners; ,-and I hoped that, this was a:forum to do just that. Nobody is going, to e1L me that
39 cigarette smoking is not bad for you, because I know that it is. It is my choice to be in a
4o smoking environment or not. I also make that choice for my children if they're not old
41 enough to make that choice: themselves. I hope the bowling alley does.. what they stated
42 they would do, and that they would announce where the smoking area is. I would like to
43 see .restaurant owners put a sign on their door saying that they allow smoking in their
44 establishment so people will have the choice whether to patronize it or not.
45 Bonnie Nelson: I no longer encourage my son to go to -the bowling alley. He et me
46 know very plainly he disliked the smoke. I conducted an unscientific survey in a second
47 grade classroom which revealed that most children do not wish to be in restaurants that.
4s allow smoking. As a responsible eouncilperson, I can no longer go to ,any restaurants
49 that allow smoking. There are people working in restaurants who do not have choices. I
so would like to have a smoking ordinance that is much more stringent than we presently
5 ~ have.
April 19, 1993
~Iol. 27, Page 319
1 Mayor: I think we should encourage restaurants to have no smoking. There are some
2 restaurants who wouldn't have any patrons at all. I'm not in favor of government
3 stepping into our everyday lives and telling us what to do all the time.
4 Carole ~arlas: I would like to see us draft an ordinance that is fairly strict, 100% ban as
5 in Novato's where bars are excepted, and perhaps the bowling alley. When there is a
6 restaurant and bar combined is it possible to have aphase-out process for these
~ businesses. Perhaps a grandfather clause where when they change ownership or do any
s sort of remodeling then they would fall under the 100% ban. I would like to at least have
9 a choice between a couple of different ordinances, then bring it back to the council for
to further discussion.
11 Lori Shea: I would really like to see some closure here. Petaluma has 30 restaurants
12 that are volunteer smoke free. If this is a health issue the Health Department should
13 assert no smoking in restaurants.
14 Arian Sobel: Would like to know if the ordinance can be amended to contain language
15 for the protection for children, and then more clearly post the restaurant as a smoking or
16 nonsmokine facility.
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27 ~'~' ~u"~ 3~~ ~~ Qd. ®RI). 1923 NCS
28 CARDR®OM ItEGiTI.ATI®NS
29 Introduce Ordinance amending Zoning Ordinance by adding Section 21-420.00 -Section
30 21-420.42 to regulations to govern cardroom facilities
31 Dennis DeV~'itt, Police Chief, spoke regarding police response in relation to cardrooms
32 being situated 250' apart. He would like 1,000 feet between establishments
33 Pamela Whiting, spoke in favor of Ferrari's Restaurant. She believes Ferrari's is being
34 unfairly discriminated against because of its locale.
35 Patrick Coyle, Attorney for applicant Kathy Sonheim, he would like the distance
36 between cardroom establishments to be 250' and not 1000' .
37 fob ®liker, Attorney for Ferrari's Restaurant, contested the 1000' distance between
3s cardroom establishments.
39 Mike Merges, Financial Planner for Ferrari's Restaurant, would like a fair decision on
4o the distance requirement for cardrooms in Petaluma. The distance between Sonoma Joe°s
41 and Ferrari's is approximately 290°.
42 Irv Piotrkowski, Represents Tom and Patti Geier, he would like the ordinance approved
43 with 1000' distance between cardroom establishments.
Page 320, Vol. 27 April 19, 1993
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Motion was made by Vice Mayor Sobel to have 1,000 feet between structures, seconded
by Nancy Read.
AYES: Barlas,. Read, Vice Mayor Sobel, Mayor Hilligoss
NOES: Nelson, Shea
ABSENT: Hamilton
TWLI~T CI~EI~S SUBDIVISION was continued to April 26
RESII)ENTIAL DEVELOPMENT ALLOCATIONS was continued to April 26
AD.TOLTRN Midnight
ATTEST:
Paulette yon, Deputy C' Clerk