HomeMy WebLinkAboutMinutes 03/01/1993March 1, 1993 ~Iol. 27, Page 267
1 MII~TIJTES ®F A REGULAR MEETING
2 I'ETALUMA CITY C®UNCIL
3 M®NDAY, MARCII 1, 1993
4 R®LL CALL
5 PRESENT: Nelson, Read, Shea, Hamilton, Mayor Hilligoss
6 ABSENT: Barlas, Vice Mayor Sobel (Councilwoman Barlas and Vice
7 Mayor Sobel were attending the Sonoma County Transportation
8 Authority meeting in Santa Rosa)
PUBLIC C®NINIENT
1o Jack Balshaw, 1680 Kearny Court -Has not received a response about the "Stop" legends
11 painted on the street. Staff noted a report is coming.
12 -Regarding Sonoma Mountain Parkway - he expressed concern about there
13 being no temporary stop igns in the electrician truck. There were two employees there
14 who surprised him with their reaction.
15 - He commented that there is green paint near the manholes which points
1E> the direction of the water flow. He asked why.
17 -Supports the Lafferty Ranch trade for the Moon Ranch. He says the
~ 8 Moon Ranch is muefi more useful for many more people.
19 -Business License amendments have not been made in a long time,
20 perhaps you could have. some automatic increase built into this edition so it will not be so
21 long between business license tax amendments.
22
NIII~TUTES
23 The February 16 minutes, were approved as amended:
24 /Page 259, Line 13 -Change name to "Walbridge".
25 Wage 259, Line 24 -Change name to "Timm".
26 vl~age 259, Lines 21-23 -Add, "It is his opinion that Sonoma Compost..... °'
27 yPage 260, Line 36 -Jane asked that this be added, "Public input is needed to determine if
28 the General Plan is still ari accurate reflection of community values or if there has been
29 significant change in those values.' ~~ ~~t-c,~/~J e;p`~GC.
30
CONSENT CALENDAR
31 The following items which are noncontroversial and have been reviewed by the City
32 Council and staff were enacted by one motion which was introduced by Nancy Read and
33 seconded by Jane Hamilton:
34 AYES: Nelson, Read, Shea, Hamilton, Mayor Hilligoss
35 NOES: None
36 ABSENT: Barlas, Vice Mayor Sobel (They were attending the Sonoma
37 County Transportation Authority meeting in Santa Rosa)
38 RES®. 93-42 NCS
39 CLAIMS AND BILLS
4o Resolution 93-42 NCS approving Claims and Bills #26012 through 26326.
Page 268, Vol. 27
March 1, 1993
4 Resolution 93-43 NCS authorizing .City Manager John Scharer, Finance Director David
5 Spilman and Controller Paula Cornyn to execute necessary documents relating to
6 reimbursement from the .Federal and State governments on expenses that occurred in
7 relation to the January 20, 1993, flooding emergency.
s RESO. 93-44 N.CS
9 COMPLETION PETALUMA BLVD. NORTH REHABILITATION
io Resolution 93-44 NCS accepting. completion of the Petaluma Blvd. North rehabilitation
11 project which was accomplished by Ghilotti Construction Company.
12 RESO. 93-45 NCS
13 BICYCLE COMMITTEE
14 Resolution 93'-45 NCS confirming the February 16 City Council action. to appoint Patricia
15 Brown, Michael Bryant, Warren Dranit, Barry Orlando, and Jeff von Raesfeld to the ,
16 Bicycle Committee. This committee will sit with the Parks and Recreation Committee
17 when necessary. Their terms expire in June, 1995.
is * * * * * End of Consent Calendar
19 RESO. 93-46. NCS
20 COMPLETION OF SONOlVIA MOiJNTAIN PARKWAX
21 Resolution 93-46 NCS accepting completion of Sonoma Mountain Parkway which was
22 constructed by North Bay Construction. An amount will be withheld for required
23 miscellaneous work. Introduced by Jane Hamilton, seconded by Lori .Shea.
24 AYES: Nelson, Read, Shea, Hamilton, Mayor Hilligoss
25 NOES: None
26 ABSENT: Barlas, Vice Mayor Sobel. (They were attending the Sonoma
27 County Transportation Authority meeting in Santa Rosa)
2s ORD. 1919 NCS
29 APPROVING LOT LINE AD.TUSTMENT -MARINA
3o Adopt Ordinance 1919 NCS which authorizes the lot line adjustment between Lots 6 and
31 7 (owned by the City of Petaluma and the Pet<luma Marina .Business Center,
32 respectively). Currently there is a parking lot on Lot 6, owned by the City; The
33 amended lot line will straighten out the property ownership line to coincide with the
34 straight parking lot line which is behind the existing curb. Both. parties benefit equally
35 from the transaction. This was introduced on February 16 by Nancy Read and seconded
36 by Carole~Barlas.
37 AYES: Nelson, Read, Shea, Hamilton, Mayor H:illigoss
38 NOES: None
39 ABSENT: Barlas, Vice Mayor Sobel (They were attending the Sonoma
40 County Transportation Authority meeting in Santa Rosa)
March 1, 1993 Vol. 27, Page 269
1 CITY RESPONSE
2 1992 GRAND TURY REPORT
3 The 1992 Grand Jury questioned all of the Sonoma cities use of the Consent Calendar. In
4 Petaluma this is governed by the Council's Rules for Proceedings. The Grand Jury also
5 questioned Health Officer regulations and contracts within each City in the County. The
6 City of Petaluma contracts with the County for this service. The letter proposed by staff
7 contains the above information. It was moved by Lori Shea, seconded by Bonnie Nelson,
s to authorize staff to send the letter.
9 AYES: Nelson, Read, Shea, Hamilton, Mayor Hilligoss
10 NOES: None
11 ABSENT: Barlas, Vice Mayor Sobel (They were attending the Sonoma
12 County Transportation Authority meeting in Santa Rosa)
13 AMENDMENT TO WORDING OF "PUBLIC COMII~NTS"
14 CITY COUNCIL AFTERNOON AGENDA
15 The Council concurred that the Public Comments should include wording indicating the
16 Public may make comments on the Consent Calendar.
17 PUBLIC WORDS RESPONSE TO PUBLIC COMI~~NT
is Public Works Director Pat Miller noted that the employees, described by Mr. Balshaw
19 during Public Comment time, have been reprimanded for their actions.
20 - Mr. 1Vlller also noted that the painting on streets near the manhole covers
21 is meant to assist the new employees in cleaning the drainage areas.
22 RESO. 93-47 NCS
23 CLOSE LANDFILL - CASA GRANDE ROAD
24 BROWN & CALDWELL CONTRACT
25 Resolution 93-47 NCS awarding a contract with Brown & Caldwell of 3480 Buskirk
26 Avenue in Pleasant Hill to prepare plans and necessary documents to meet the regulatory
27 requirements for the operation and maintenance of the City landfill at the end of Casa
2s Grande Road as well as to evaluate closure timing and post-closure site use options. The
29 contract amount is not to exceed $32,300. Introduced by Bonnie Nelson, seconded by
3o Jane Hamilton.
31 AYES: Nelson, Read, Shea, Hamilton, Mayor Hilligoss
32 NOES: None
33 ABSENT: Barlas, Vice Mayor Sobel (They were attending the Sonoma
34 County Transportation Authority meeting in Santa Rosa)
35 RESO. 93-48 NCS
36 AMENDMENT #2 - WINZLER & KELLY - COPELAND STREET SEWER FIX
37 Resolution 93-48 NCS approving Amendment 2 to the Winzler & Kelly contract for
38 design, construction administration, and construction inspection for the emergency repair
39 of the Copeland Street sewer main river crossing and the permanent ins±aliation of the
4o sewer main crossing to conform with the Army Corps of Engineers plans. The sewer
41 crossing was damaged during the January 20, 1993, flooding. It was to be raised as part
42 of the Army Corps of Engineers river improvements in the Payran area.
Page 270, Vol. 27
March 1, 1993
1 WINZLER & KELLY - COPELAND STREET SEWER FIX cont' d.
2 City Engineer Tom Hargis .noted. the sewer pipe crossing the river is under water twice
3 every day. Construction of the ..facility needed to raise this sewer pipe above the river
4 level will not :affect the proposed river widening; as this is outside of the Army Corps of
5 Engineers widening project. There is a possibility of making a pedestrian. crossing on this
6 site at a later date. Staff was asked to send the design to the River Enhancement
7 Committee. Introduced by Jane Hamilton,.. seconded by ]Lori Shea.
8 AYES: Nelson, Read, Shea, Hamilton, Mayor Hilligoss
9 NOES: None
10 ABSENT: Barlas, Vice Mayor Sobel (They were attending the Sonoma
11 County Transportation Authority meeting in Santa Rosa)
12 3292 I STREET
13 OUTS~E .SEWER POLICY
14 Planning Director Pamela Tuft reviewed correspondence: she has received on behalf of
15 Lands of Thomas, 3292 I Street, .for an amendment to the City's outside sewer policy by
16 allowing an outside sewer connection at that location which is outside the City's Urban
17 Separator. ` Mr. LaFranchi reviewed the history of the County governmental
18 ~ urto^' ac ons. The history began with November of 1977 when percolation tests were certified
19 $ by a local civil engineer and it ended with a March of 1990 note by tfie County saying
20 that all drainage tests for the septic tank and field had failed. In addition, Mr. I:aFranchi
21 indicated that on November 20 of 1992 the percolation tests became more stringent.
22 After the presentation by staff and by Mr. LaFranchi who represented Mr. Thomas, the
23 City Council advised the applicants that the matter is really a County problem .and they
24 should address this septic issue with the that governmental body.
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32 ADTOURN
33 At 4:00 p.m. the Council adjourned to dinner at the De Schmire Restaurant on Bodega
34 Avenue.
35 ROLL CALL 7x00 p.Tn.
36 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel,
37 Mayor Hilligoss
38 A);SENT: None
39 INVOCATION and PLEDGE OF ALLEGIANCE
4o Reverend Tim Kellgren led both. the Invocation and the Pledge of Allegiance to the Flag.
March 1, 1993
~-yn cli •
1 -~rti°tf~i--
2 ~ir,~}-.Brown, Promotion Director of the Chamber
3 that she has had as their tourism spokesperson.
4 mentioning Petaluma were distributed to the Council.
5
6
Vol. 27, Page 271
PUBLIC COMMENT
of Commerce, shared the successes
Copies of the various publications
ARRANGE FOR JOINT MEETING
PETALUMA SCHOOL DISTRICT
7 Camille Sauv~, Member of the Petaluma Board of Education, addressed the City Council
s about the potential of expanding joint endeavors between the Petaluma School District
9 and City Council. She also indicated that the Old Adobe School District Board may wish
to to participate in such a project. They are not asking for funding, nor are they asking for
11 redevelopment monies, she noted. Subjects that would be of mutual interest include
12 "planning ahead for the DARE program", better use of the sports fields and public
13 facilities, and the like. She said she would furnish the City Council with the list from
14 which she was reading.
15
16
17
1s DISCUSSION OF REGIONAL PARK
19 MOON RANCH AND LAFFERTY RANCH
20 City Manager John Scharer noted this is the first step towards obtaining a regional park.
21 Staff wishes to know if the City Council would like to proceed by writing a letter to the
22 Sonoma County Open Space District requesting they consider the purchase~f Moon
23~ Ranch are tonal park. p.~aoti- S~a- Q~a'QC_rn~7~otxc..
~~ ~~ ts,SeaL ~.3
24 Moon Ranc consists of 380 acres of rolling hills located uphill and behind the Old
25 Adobe, 1.5 miles up from Adobe Road. The Council saw a videotape of the area which
26 was taken when Assistant City Manager Gene Beatty, Recreation Director Jim Carr, and
27 County Parks Director Jim Angelo toured. the ranch. The access road is on an easy slope
2s with good sight distance. There are good views of the Petaluma Valley and the area to
29 the south. The Moon Ranch area has been used as a youth campsite in the past and is
3o currently renting the equestrian facility to a number of users. Mr. Carr said the
31 equestrian facility, itself, could bring in $3,000 per month, and he estimated the entire
32 facility could reach a revenue figure of approximately $50,000 - $60,000 per year. There
33 are many other potential uses for the lands such as mountain biking along the roads,
34 running, outdoor education, picnics and so on. The swimming pool, dining site, 5 acre
35 lake, and meeting area also have potential for much use. There are two homes on the
36 ranch. He concluded his comments saying that Moon Ranch provides much latitude for a
37 wide range of activities and offers many opportunities for the general population,
3s including wheelchair bound individuals.
39 After the tour of Moon Ranch, the County Parks and City Recreation Directors drove up
4o to Lafferty Ranch. Mr. Can noted that the public road is one way in many spots, has
41 short sight distances, is steep, and is a dangerous road.
Page 272, Vol. 27 March 1, 1993
1 This steep property was acquired when the City purchased the water fr~al Water
2 when the land was used for watershed; the resulting water was collecte~into a weir, then
3 piped to Lawler Dam, which the City has closed due to increasingly restrictive State
4 requirements on dams. The Fish and Game people have told Mr. Carr it is not good to
s send the general population into this area. However, for hardy climbers, there are really
6 good views from the top of this hill. It was noted that there is a very good chance that if
7 Lafferty were a regional park, it would have to be closed in the summer for fire safety.
s The Council comments included:
9 ^ What would be the upkeep costs for the County?
to ^ Would there be an area for automobiles to park, and would most of the area be reserved
11 for pedestrian traffic?
12 ^ There is an opportunity to have revenue generation here. The Council would like to
13 have a better idea of the potential along that line.
14 ^ Moon Ranch offers an opportunity for more variety of uses than does Lafferty Ranch.
15 ^ The three new Councilmembers have not yet had the opportunity to visit Lafferty
16 Ranch.
17 ^ There should be a field trip to Lafferty Ranch. Perhaps a morning could" be set aside
18 for a workshop. There has been a lot of public interest. We should explore the options
19 and opportunities with the public.
20 ^ We should have a field trip to Moon Ranch as well.
21 ^ People have to get the feel of both parcels.
22 ^ Perhaps we could do the field trips in the morning on a Saturday, have a brown bag
23 lunch at Lucchesi, then discuss what the options are. Maybe two weekends would be
24 better.
25 ^ The Council reiterated its interest in hearing from the public.
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34 CITIZENS FOR ACCESS TO I,AFFERTY RANCH
35 The Citizens for Access to Lafferty Ranch had written a letter to the City Council
36 requesting that a committee be formed to assist in making the decision as to whether or
37 not the Lafferty Ranch should remain open. for public. use. They also want a field trip to
38 the Lafferty Ranch in order to gain more perspective into the issue. Daniel Williams
39 presented several overhead projections of possible paths that he feels could be considered
4o for the Lafferty Ranch. The paths go from the level area just off of Sonoma Mountain
41 Road to the top of the parcel. He said the trail would take about 1 hour to get to the top.
42 He has seen Moon Ranch and noted that it is spectacular. If the City does not have any
43 success with the County in creating a regional park at Moon Ranch, he feels that Lafferty
44 Ranch should be given a good look.
March 1, 1993
Vol. 27, Page 273
1 RESO 93-49 NCS
2 COMMUNITY DEVEL®PMENT BL®CK GRANT F[JNDINO
3 The Council held a public hearing on the proposed Community Development Block Grant
4 programs for Fiscal Year 1993-94. Bonnie Nelson noted she is a Director of Burbank
5 Housing. The Public Hearing was opened. Bob Salsbury of Innovative Housing
6 answered Council questions stating they have done rehabilitation projects in the past.
7 That, however, was not the plan in connection with these grant funds. Bonne Gaebler,
8 Housing Specialist, explained that the Rental Assistance Program helps with up front
9 security deposit and last month's rent. She also explained the Housing Mediation
1o program gives one time assistance for rent so that a person or family with a sudden
11 financial crisis can cope with that one month. In both cases, they do not require
12 reimbursement. Jon Morgan spoke on behalf of Burbank Housing. There being no one
13 else wishing to speak, the hearing was closed. Resolution 93-49 NCS approves the
14 following CDBG funding:
15
16
17
18
19
20
21
22
23
24
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26 (BHDC -Burbank Housing; COTS -Committee on the Shelterless;
27 IH -Innovative Housing; PPSC -Petaluma People Services Center.)
2s The resolution was introduced by Vice Mayor Sobel, seconded by Lori Shea.
29 AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor
30 Hilligoss
31 NOES: None
32 ABSENT: None
33
BUSINESS LICENSE ORDINANCE
34 Finance Director David Spilman advised that the business license was last upgraded in
35 1978. When the ordinance was adopted in the 1950's, it was written for a significantly
36 different business community; at that time they built the structure on the number of
37 employees at any business. Businesses now are significantly different. The greatest
38 number of businesses now are in the service industry. Over the last few months Finance
39 Director Spilman and .Ralph Andersen & Associates consultant Suzanne Bragdon have
4o met with a number of members of the business community, including the Chamber of
41 Commerce, to develop a more equitable business license tax structure. In an effort to let
42 everyone be informed of the proposed change, all persons with a business license were
43 mailed a notification that the study for a change in business license tax structure was
44 occurring; three 1/8 page ads have been printed in the local newspaper over a period of
4s three weeks.
46 Suzanne Bragdon reviewed the report that was before the Council. In order to streamline
47 future business license application processing, the number of business types was reduced
48 from 44 to 12.
,,~ ;~:.
Page 274, Vol. 27
March 1, 1993
d;k: T?
~ The taxing structure was changed from "number of employees" to "gross receipts". It
2 was noted that basing the tax on "gross receipts" will automatically reflect the economic
3 times. Several other cities' business license tax structures were used for comparison
4 (Fairfield, Healdsburg, Napa, Novato, Rohnert Park, San Rafael, Santa Rosa, and
5 Vallejo).
6 The hearing was opened. Speakers were:
~ Gordon Blumenfeld, Gordon Mfg. Ezra Casino, 611 Mt. View
8 Jim Becker, Aarons Furniture Bryant Moynihan, 111 Post
9 Chris Bradford, PG&E Bill Perry, O'Neill Drugs
1o Mel Fix, 35 Maria Victor DeCarli, Propane Co.
~ ~ Joann Pozzi, 1310 Sunset Dr. Lee Heinz, Chamber of Commerce
12 Comments included:
13 ^ There are .two entirely different issues tonight, the ordinance and the rate schedule..
14 ^ The ordinance is fair.
~5 ^ The proposed rates are not written in stone.
16 ^ The study committee felt comfortable with using "gross revenue" because they felt it
~~ eliminates the inequities.
~8 ^ Some prefer the rates to be "revenue neutral" due to the downswing in the economy.
19 That means the new business license ordinance total revenue should not be .greater than it
20 was last year.
21 ^ Questioned comparison of the proposed rates with other cities, because they are
22 different from Petaluma.
23 ^ Gross revenue would allow rates to reflect the economic times.
24 ^ When did the "Business License Fee" become a business license tax?
25 ^ It is my understanding that Prop. 13 prevents municipalities from enacting new taxes
26 without a vote of the populace. Thus this may be illegal.
27 ^ This -new ordinance gives the Petaluma Tax Collector more power than the police or the
2s FBI which need a warrant. This power should not be granted.
29 ^ Is the tax to be based on the gross after deductions for cost of operations and certain
30 other items as yet unspecified?
3 ~ ^ For self proprietors and partnerships this would be a City income tax.
32 ^ If it is legal for the City to impose an income tax, it should be proposed for a vote of
33 the populace and should be based on all income earned within -the City, whether by
34 business owner or by employee.
3s ^ The business owner has no right of appeal to a disinterested third party.
36 ^ There is no statement as to penalties against someone who does not disclose the
37 required information. Strict penalties should have been stated:
38 ^ By adopting this by resolution, whenever the City needs additional money; this
39 becomes anopen-ended invitation to raise the tax by a simple vote of the City Council,
4o thus there is no cap and no control.
41 ^ Regarding gross receipts, if a person earns $500 for repairing a car and $300 of that is
42 a parts cost from a Petaluma business, it appears that both will pay business license tax on
43 that same $300; therefore it seems that is doubling that $300. The City is ,paid ,once
44 from the automobile repair business, and the City is paid another time from the
45 automobile part business.
46 ^ Many of the speakers expressed concern about the appeal section.
47 ^ Why are we not looking at reducing. government?
4s ^ This is sending a wrong message to business. Do you want them to move out of town?
March 1, 1993
Vol. 27, Page 275
1 ^ The proposed tax rate causes some to pay double and some to pay triple of the rate that
2 others pay. Is this really fair in all cases?
3 ^ As a tax, how does this get around Proposition 13 (June, 1978)?
4 ^ Several also spoke about the degree of confidentiality that can be relied on. At one
5 committee meeting, the person heard an example of a specific business and its gross
6 receipts were revealed.
7 ^ This year's proposed due date of April 30 for the new business license payment is very
s difficult considering the income tax information is due so close to that time.
9 The consultant answered some of the questions. It was noted that Proposition 13 is not
1o applicable in Charter cities. The difference between a fee and a tax is as follows: a fee is
11 for a special use and a tax is a general revenue generator. It was noted that although the
12 Code has always allowed it, the City has never gone into a business to do the auditing. It
13 was also noted that a future change in the license amount would require "noticing"
14 according to the recent State Statutes. The hearing was closed.
15 The City Manager went on to say there will be another hearing on March 15. At that
16 time staff will have responses to the many questions raised at this meeting. Rates will
17 also be discussed at that time.
1 s BiJI)GET CUTS
19 It was noted by the Council that at some point we need to talk about what we are doing as
20- a municipal government. Staff should be more public about what it is doing to cut
21 budget expenses.
22 MARCII 22 MEETING
23 The City Manager said there will be a budget workshop on the evening of March 22.
24 RESO. 93-50 NCS
25 PEP - PAYRAN - TUIDITII COURT PUD
26 Resolution 93-50 NCS amending the development plan and design guidelines for the
27 Judith Court residential PUD located on the northwest half of the Vallejo, Jefferson and
2s Payran Streets block. The PUD was originally approved by Resolution 92-88 NCS on
29 April 20, 1992. This subdivision will be immediately adjoining the PEP project on the
3o same block. The proposed builders of this portion of the property were present. At this
31 time the houses are expected to sell for around $170,000 to $180,000. The proposal for
32 tandem garage parking was eliminated by the City Council. Speakers on behalf of the
33 revised building designs were Tim Kellgren of 410 Upham, Beverly Bond of 3 Acorn
34 Circle, Barbara Lind of 1295 Schuman Lane, Dick Lieb of 1 Bodega Avenue (designer),
35 and David Frimm (one of the three builders). Most of the speakers' presentations related
36 to garage design. It was moved by Lori Shea and seconded by Vice Mayor Sobel to
37 approve the PUD amendment for the Judith Court subdivision without the tandem
3s garages.
39 AYES: Nelson, Barlas, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
40 NOES: Read
41 ABSENT: None
Page 276, Vol. 27
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March 1, 1993
1 JOINT MEETINGS REQUESTED
n;
2 The Council asked .again fora "philosophical gab felt" with the various commissions to
3 discuss various things. We have to do it, they said. Staff was directed to schedule such a
4 meeting.
5 RIVER ENHANCEMENT COMIVIITTEE
6 The River Enhancement Committee approved action to widen a portion of the River Plan
7 near the oak tree stand upstream from the Payran area.
8 PLANNING COMIIVIISSION TOUR OF CITX
9 The Planning Commission has toured the City to look at the various types of garage
1o designs that are in use.
~ ~ RECREATION ASSOCIATION
12 The Parks and Recreation Commission went to San Rafael to an annual banquet where
13 volunteers were acknowledged . Our duck lady who takes care of the ducks at Lucchesi
14 Park was honored. She chose not to attend. Don Phoenix in our Recreation Department
15 was installed as Vice President of the organization.
16 ADJOURN
i7 At 11:15 p.m. the meeting was adjourned to Marc 2 .
18 M. Patricia Hilligoss, Mayor
19 ATTEST:
20 Patricia E. Bernard, City Clerk