HomeMy WebLinkAboutMinutes 02/16/1993February 16, 1993 Vol. 27, Page 253
1 1VIIrTLTTFS ®F A REGULAR MEETING
2 PETALUMA CITY COUNCII.
3 TUESDAY, FEBRUARY 16, 1993
4 ROLL CALL 3:00 p.m.
5 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
6 ABSENT: Vice Mayor Sobel
7 PUBLIC COMI~~NT
s Jack Balshaw, 1680 Kearny Court -relating to housing in Petaluma - he noted that it is
9 the City Council's prerogative to require builders to construct low-income houses. The
1o Council could eliminate the "in-lieu" housing fee and the builders would have to do the
11 construction.
12 1VIINLTTES
13 ~ The minutes for February 1 were approved as submitted.
14 CONSENT CALENDAR
15 The following items which are noncontroversial and have been reviewed by the City
16 Council and staff were enacted by one motion which was introduced by Bonnie Nelson
17 and seconded by Lori Shea.
18 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
19 ABSENT: Vice Mayor Sobel
20 RESO. 93-36 NCS
21 CLAIMS AND BILLS
22 Resolution 93-36 NCS approving Claims and Bills #25705 through #26011.
23 RESO. 93-37 NCS
24 SONOMA GLEN ESTATES FINAL MAP
25 Resolution 93-37 NCS approving final map for Sonoma Glen Estates.
26 ORD. 1917 NCS
27 PARCEL MAP REVISIONS
28 Adopt Ordinance 1917 NCS amending the parcel map regulations. This was introduced
29 by Jane Hamilton and seconded by Vice Mayor Sobel on February 1.
30 * * * * * End of Consent Calendar
31
32
RESO. 93-38 NCS
ISTEA PROTECTS - 1995-97
33 Resolution 93-38 NCS approving list of capital improvement projects for Federal ISTEA
34 (Intermodal Surface Transportation Efficiency Act) money. The funding requests will be
35 viewed first by the Sonoma County Transit Authority and second by the Bay Area's
36 Metropolitan Transporation Commission.
Page 254, Vol. 27
February 16, 1993
~ RESO. 93-38 coast' d.
2 ISTEA PROTECT LIST - 1995 to 1997
3 Those projects that successfully pass both screenings will be funded. Traffic Engineer
4 Allan Tilton discussed the proposed list with the Council. The final list of funded
5 projects will be known sometime in June. Introduced by Nancy Read, seconded by
6 Carole Barlas.
7 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
8 ABSENT: Vice Mayor Sobel
9 ORD. 1918 NCS
1o URGENCY MORATORIUM ON CARDROOMS
11 Introduce and adopt Urgency Ordinance 1918 NCS establishing a 45-day moratorium on
12 accepting and processing cardroom applications with the exception of the approved
13 Conditional Use Permit for the P&G Casino owned by Mr. and Mrs. Gaeir. It is the
14 potential significant degradation of the City's Police Department services that causes this
15 moratorium to be adopted. The City may extend the interim ordinance after notice and
i6 hearing for 10 months and 15 days and subsequently extend the interim ordinance for one
17 year. There may be only two extensions. After Principal Planner Jim McCann reviewed
f8 the proposal, the following persons spoke:
19 Don McDonnel, Windsor -said he has had an application for a cardroom pending since
20 last Fall. He outlined his application timing, the staff with whom he spoke and the
21 business he proposes for the Country West Shopping Center utilizing the large, 21,0.00
22 foot vacant building. His goal is to develop an entertainment center. He emphasized that
23 the individuals who choose card-playing as a recreation prefer to go to a quiet place,
24 which he intends to create for them. His background in this field goes back: to 19,69. His
25 only need for police assistance was one occasion when someone had stolen. money which
2G went undetected for several hours. He noted the State review of any cardroom
27 application is very thorough; and it would be very difficult for anyone who would be a
28 potential challenge to obtain a State license. He requested that the Council not adopt the
29 45 day moratorium.
3o Patrick Coyle represented Cathy Sondheim of the Winners Circle cardroom in Santa
31 Rosa. He also asked the Council not to adopt the moratorium and to proceed in
32 processing the Sondheim application.
33 Cathy Sondheim of the Winners Circle cardroom in Santa Rosa -noted that her staff is
34 well paid, including health and dental. insurance, and they are community minded persons
35 who participate in various youth groups and programs for' those in need.
36 A representative of Carol Ferrari, addressed her desire to have a small cardroom at
37 Ferrari's Restaurant. He described the proposal and asked the Council not to adopt the
38 moratorium ordinance.
39 Bill Zitcovich, 1079 South McDowell, noted that the bowling alley has a cardroom which
4o causes no police problems.
February 16, 1993 Vol. 27, Page 255
1 ORD. 1918 NC5
2 CARDROOM MORATORICTIVI ORIDINANCE coast' d.
3 Planning Director Pamela Tuft stated that in addition to the approved application for
4 Sonoma Joes, the City has received two full. applications for cardrooms which the staff
5 has commenced reviewing. The Council remarked that the application for Sonoma Joes
6 was approved on the condition that staff have an opportunity to determine how much or
7 how little the application affects staff, particularly the Police Department. The ordinance
s was introduced by Carole Barlas, seconded by Bonnie Nelson and adopted by the
9 following vote:
10 PRESENT: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
11 ABSENT: Vice Mayor Sobel
12 RESO. 93-39 NCS
13 PARATRANSIT -AMERICANS WITII DISABILITIES ACT
14 Resolution 93-39 NCS authorizing acceptance of Petaluma Transit "Americans with
15 Disabilities Act" Annual Plan, January, _1993, update. It was noted the Petaluma
16 Paratransit Service meets all aspects of response time requirements with the exception of
17 "next-day" response. Currently the paratransit service response time is 48 hours. This
1s will decrease to ".next day" service over the next five years. The constraints are budget
19 and dispatch coordination. The public hearing was opened. Speakers included Alice
20 Myer who catches the Westridge bus run. She is an attendant for a blind person and
21 noted that the other bus systems do not charge either the blind rider or the rider's
22 assistant; however, Petaluma does charge the assistant. She also asked for later hours of
23 bus service for paratransit riders. Ruskin T. Gardner, 522 Amber Way - he utilizes a
24 blindman's cane. Mr:. Gardner noted he has used public transportation in other cities and
25 finds the service in Petaluma to be quite good. His only concern is the few paratransit
26 busses that are available. There being no else wishing to speak, the hearing was closed.
27 Transit Coordinator Jim Ryan noted the paratransit hours are scheduled to coincide with
2s the regular bus hours in June.
29
30
31 Mr. Ryan will advise the bus drivers of that change in policy. The public hearing was
32 closed. Introduced by Lori Shea and seconded by Jane Hamilton.
33 AYES: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
34 NOES: None
35 ABSENT: Vice Mayor Sobel
36 ORD. 1919 NCS
37 APPROVING LOT LINE ADTUSTMENT -MARINA
38 The transaction relates to Baywood Parcel Map '247, Lot 6 (City of Petaluma) and Lot 7
39 (Petaluma Marina Business Center). There are three portions of lots involved: Parcel A
40 (736 square feet) and Parcel C (646 square feet) are approved to merge with the City's
41 Lot 6. Parcel B (1,382 square feet) is approved to merge with the Petaluma Marina
42 Business Center Lot 7. This will reduce the amount of curved property line with
43 separates the. two properties and will also coincide with the edge of the completed parking
44 lot.
:'pr.
Page 256, Vol. 27
February 16, 1993
1 The Council was advised. that both property owners will benefit equally with this
2 transaction. Randy Meadors .from the Marina Office Park answered Council questions.
3 Introduced by Nancy Read and seconded by Carole Barlas.
4 AYES: Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
5 NOES: None
6 ABSENT: Vice Mayor Sobel
~ RESO. 93-40 NCS
8 SONOMA GLEN IV TENTATIVE MAP
9 The Planning staff reviewed the subdivision and recommended the Council find that no
to additional environmental review is necessary due to the fact that the Corona Ely
11 Environmental Impact Report adequately addresses the environmental. issues of the
12 property. It was noted this is in conformance with the General Plan.
13 This action will divide the parcel :into a 20 acre- area anal an 18.3 acre area. Corona
14 Creek is the. separation. line between the two. areas. This was originally part of the 114
15 acre Bollinger property. No development is projected with this action. The developer
16 will come back to the City with proposed residential development. on both parcels.
17 Introduced by Jane Hamilton -.and aeconded by Carole Barlas.
18 PRESENT: Nelson,. Barlas, Read, Shea, Hamilton, Mayor Hilligoss
19 ABSENT: Vice Mayor Sobel
20 AD30URN
21 The meeting was adjourned at 4:15. p. m. to dinner at Carrow's Restaurant ;at East
22 Washington and South McDowell Blvd.
23 RECONVENE and ROLL CALL 7:00 parr.
24 PRESENT: Nelson, Barlas,; Read, Shea, Hamilton, Vice Mayor Sobel,
25 Mayor Hilligoss
26 ABSENT: None
27 PLEDGE OF ALLEGIANCE City Attorney Richard Rudnansky led the Pledge of Allegiance
28 to the Flag.
29 PUBLIC COMMENT
3o Nick Gribicoff of 707 English represented Sonoma Greens -said community economics
31 versus multi-national economics should prevail here. Having a Wal-Mart. here would
32 result in only a small. increase in 'the City's coffers. The energy would. be better :placed
33 with local business.. Public volunteerism could. help the City as could the convicted drunk
34 drivers in keeping the parks clean. There needs to be an awareness of the public
35 perception of how things .are done.
36 COUNCIL COMMENT
37 Jane .Hamilton -would like to agendize time for the Council to discuss when and how to
3s respond to comments made at Public Comment time..
39 Nancy Read -expressed congratulations to the Petaluma Boys and Girls Club on their
4o new second facility in Lucchesi Park.
February 16, 1993
Vol. 27, Page 257
1 APPOINTMENT TO BIC~'CLE COMMITTEE
2 It was agreed at the January 16 Council meeting that at least three residents should be
3 appointed to a bicycle committee which will meet on occasion with the Recreation
4 Commission to discuss matters relating to bicycles. The following named persons, who
5 have applied for the Bicycle Committee, were called on to address the Council.
6 BICI'CLE COMMITTEE
7 There is an asterisk after the names of the persons who were not present.
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Patricia Brown Ron Drelich*
Thomas Brown* Chris Irvin*
Michael Bryant Stefan Keller*
Ted Cheung* Irving Labes*
Tim Deady* Lisa Mann*
Warren Dranit Bob Marketos*
Jeff von Raesfeld
The vote for the Bicycle Committee follows:
Douglas McKenzie*
John Mills*
Joe Morgan*
Barry Orlando
John Seratt*
Ross Shafer*
Bob Worth*
(vote for 3J
BICYCLE
CONIlVIITTEE
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uccessful Candidates:
Patricia Brown
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Michael Br ant X 1
Warren IDranit X X X 3
Ba Orlando X X X X X 5
eff von Raesfeld X X X X 4
ther Candidates:
Thomas Brown -
Ted Cheun -
Tim Dead -
Ron Drelich -
Chris Irvin -
Stefan Keller -
Irvin Labes -
Lisa Mann -
Bob Marketos X 1
Dou las McKenzie -
John Mills X 1
Joe Moran -
John Seratt -
Ross Shafer -
Bob Worth -
. ~,:
Page 258, Vol. 27 February 16, T993
~ The City Council concurred than the five individuals who came to the meeting should be
2 appointed. A confirming resolution will be placed on the next agenda.
3 COMPOSTING. ~'AItD WASTE. WOOD WASTE LANDFILL
4 The City Council was asked to consider the Sonoma County Waste Management Agency
5 selection of Sonoma Compost Company and Empire Waste Management for the
6 composting of .yard and wood waste at the County landfill. The agreement is referred to
~ as ,Yard Debns Composting and Wood Waste Diversion Agreement . (Carole Barlas
s removed herself from the discussion due to a potential conflict of interest.) Assistant City
9 Manager Gene Beatty reviewed. the process to date. He noted this yard waste program is
io the last major component of AB-939'. Prior to adopting that component, the yard waste
~ ~ composting issue must be resolved.
12 Mr. Ken Wells, Director of the Sonoma County Waste Management Agency, was on
13 hand to discuss the program, the bidding process, and to answer any questions the
14 Council has regarding the proposed 'letter of intent to enter into a contract with Sonoma
~5 Compost and Empire Waste Management. In the role of Director, he provides technical
16 assistance and staff support to the members, which consist of the county and the nine
17 cities, also known as the "Joint Powers Agreement of the Sonoma County Waste
is Management Agency". He is also the Integrated Waste Manager for the Sonoma County
19 Public Works Department.
20 Mr. Wells reviewed the process to date and answered Council's questions. He noted the
21 fuel market is the .best market economically; the wood is chipped and used. to generate
22 electricity:. If that market were to be reduced, forcing it onto the mulch market is a
23 worse case because the returns are smaller. But, AB-939 recognizes a different heirarchy
24 for end use. It says wood chips used for mulch has a .higher philosophical value to the
25 State of California than does its use for a fuel.
26 The only commitment that is involved for the Joint Powers Agreement members is if a
27 member delivers 25 % of its available wood waste and yard debris material to the
2s recycling area, the member may then have a vote in the operation of this program. If a
29 member does not deliver 25 % of .product, then the member cannot. vote in operational
3o questions. at the agency. If you deliver one ton., you pay for one ton; if you deliver 1,000
31 tons,. you pay for 1,000. tons. There is no base commitment other than the previously
32 mentioned 25%. It was also noted .that all prospective members of the JPA must be in
33 positive agreement with the document before the program can go on line.
34 Mr. Wells noted that negotiations with a proposed contractor are done in private and are
35 then brought to the public forum for discussion and input. This is the same action as
36 would be the initial give and take of negotiations anywhere; it would .initially be done in
37 private and then be brought to the public.
3s Currently only one elected official has actively participated in the process; that is Ernie
39 Carpenter who represents the Russian 1Ziver area.
4o The following speakers addressed the Council:
41 Tavicha Krimel, P. O. Box 175, Rio 1Vido -she said she runs the recycling project out at
a2 the landfill as a contract for Sonoma County.
February 16, 1993
Vol. 27, Page 259
~ She also sits on the 26-member Local Task Force made up of most of the members of the
2 JPA, environmentalists, people in the business of waste management, people like Siena
3 Club and League of Women Voters. She noted that the JPA never went to the Task
4 Force which is composed of several experienced people for assistance. She feels there
5 are still a lot of areas that need to be explored before going on to the next step, a
6 contract.
7 She went into the problem of screening the compost to keep it clean. Some people just
s dump contaminants into the waste. Her recommendation is to start a little smaller. Start
9 with the landscapers, for instance. They know that is not contaminated yard waste. The
io process has been flawed from the beginning and it has been defended all along.
11 Eric Anderson, Santa Rosa, represents M & M Feed -said he could discuss all the
12 problems a tioned• b~tQhge~just urged the Council not to approve the contract.
13 -Kevin ~~~~ g,bDivisori-President of Empire Waste -recommends the Council send
14 their staff back to ask questions of those who made the decisions.
is Phil Box, Sebastopol -has been in the composting business for a very long time and feels
16 he is an expert. There is contamination in all product. He thinks they can get high
17 value out of the product.
1 s Paul Paddock, partner in Sonoma Composting - he asked if the Council has seen the
19 proposals. The Council responded that they have not. Mr. Paddock said they will
20 submit copies for the Council to see. ~ ~ ~ o~~ ~~
21 ick Ribicoff, Sonoma Green - he said onoma Compost who is in cahoots with Waste
22 Management and said bad words about aste Management. He feels this should be done
23 With locals.
~ m.
24 -~Tatalie~rn, mmarketing representative of a legal task force -nobody is going to be able to
25 buy it. It is going to be given away. She also said "burning" does not count in AB-939.
26 Council's comments included: there is not enough information to be able to make a good
27 decision, so we ought to back off and wait for more information; it sounds like a good
2s idea to start over; we cannot make an informed decision without seeing the proposals; as
29 elected officials, we need to become more involved in the process; there are too many
3o unknowns on this; we need to have an elected official participate on the committee.
31 The City Manager noted this began as a technical committee and the decisions now have
32 become political. You have been asked to judge when the selection appeared to be
33 complete. At the meeting tomorrow, the contract will be changed. The subject has been
34 scheduled for discussion at the March Mayors and Councilmembers Meeting. In the
35 meantime, we will try to keep you up to date.
36
37
8:45 p.m. to 9:00 p.m. RECESS
PRATES ROAD - DiTFFEL ~lANCIAL
38 It was noted that this is an opportunity to determine what the City wishes to have
39 developed in the general area of Prates Road and Lakeville Highway. The 37 acres held
4o by Duffel Financial is a small parcel for a Specific Plan, so staff suggested the Council
41 consider directing staff to develop information on a somewhat larger area, including this
42 lot. Ian Bard, Duffel Financial, had suggested considering some sort of retail use. Since
43 a Specific Plan will have to be done for this area, the Council asked staff to make
44 recommendations as to the total area that should be involved as well as associated details.
45 When this information is related to the Council, the property owners will be asked to
46 fund the Specific Plan. Staff was asked to "move it along".
f
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~1 r.
Page 260, Vol. 27
February 16, 1993
2 PUBLIC RIGHT OF WAY -SIDEWALKS -OBSTRUCTIONS
;(i'r
3 In answer to the Council's question, the City Attorney advised that Councilmember Shea
4 would be affected just like any other business person would, therefore she could
5 participate in the discussion. Planning. Director Pamela Tuft said she would like to have
6 Council concurrence to allow Planning staff to work with the business owners through an
7 outreach campaign aimed to assist them in complying with the regulations.
8 There was concern expressed by the Council that in these very slow economic times,
9 anything done by the City should not negatively affect the amount of business generated
1o by the small business owners. It was noted that the harder the times are, the more often
~ ~ business people rely on advertising to make people aware of their business.
12 The Council said that at a later date staff could work towards development of a maximum
13 size for these "A" signs which are placed on sidewalks; a size that will not impact a
14 pedestrian or a wheelchair, yet a size that would be effective for the business. In answer
~5 to the question whether or not the City has been held liable for such a sign, the answer
16 was "NO" .
~~ In the meantime, staff was asked to work with the people who may not realize they need
1s an encroachment permit for placing. tables, flower pots and the like on the sidewalks.
19 The Council again requested staff to look at the "A" signs a little later with the thought of
20 coming up with a standard size sign that would not impact the passers-by.
21 GENERAL PLAN -FIVE YEAR UPDATE
22 Principal Planner Kurt Yeiter asked the Council to set the policy which will be used to
23 review the General Plan which is five years old now. Because land owners need stability
24 of land uses, staff recommended avoiding a situation where land use changes might be
25 look at on a major scale . ~ Rather, staff recommended that individual amendments should
26 be considered as requests occur. The Council was reminded that State Law allows only
27 four changes per year,. per General Plan Element. He reviewed the possible costs of
2s major General Plan changes, noting that consultants charge $1,000 per meeting and the
29 ' EIR alone for the Rainier Avenue crossing is well over $100,000 and the River
3o Enhancement Plan will cost way over $300,000. It was estimated a major rewrite would
3~ cost.$500,000 or more.
32 He presented the Council with a list of past General Plan amendments beginning with
33 .March of 1988. He also reviewed, by Chapter, the City's progress toward
34 implementation of the 313 programs in the General Plan. A listing of the City-assisted
35 .housing units and total number of housing units by kind of unit were also reviewed.
36 ~ t was the Council consensus the public should be involved in the discussions of how well
37 the City has complied with the document. They .should also be brought into discussions
38 about what has gone on over the years so everybody who is interested is brought up to
39 date. ~ ~ // ~_ `/ ,c/
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February 16, 1993
Vol. 27, Page 261
1 Kurt Yeiter said he will be corning back to review the Plan, chapter by chapter. The
2 Council asked that this be done through the Planning Commission. The Council spent
3 some time expressing their concern about getting the message out to all the citizens rather
4 than just the special interest groups that can always be counted on to come to meetings
5 from time to time depending on the subject. Perhaps the Recreation Department program
6 booklet and the media could also be of great assistance in letting the public know.
7 LIAIS®N C®MMENTS
s Bonnie Nelson asked that the City have some sort of workshop at Lucchesi Park where
9 the developers, the State Department of Housing, and the County Housing Authority in
io order to have a discussion about affordable housing. This could bring the new
1 ~ Councilmembers up to date on the subject, and, perhaps, members of the public who
12 have addressed the Council may wish to come, learn, and speak.
13 TOINT C®IJIVCIL, C®MMISSI®N, C®MMITTEE MEETING
14 Vice Mayor Sobel agreed with Bonnie Nelson and suggested,. in addition, the Council
15 ought to meet with the Planning Commission, SPARC, and Recreation Commission to
16 discuss their philosophies. Lucchesi Community Center would be a good place to
~~ conduct this meeting.
i s ADJ®UIIN
~9 At 10:05 p.m., the meeting was adjourned to February 22 at :00 p.m.
20 M. Patricia Hilligoss, Mayor
21 ATTEST:
22 Patricia E. Bernard, City Clerk