HomeMy WebLinkAboutMinutes 08/03/1992August 3, 1992
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MINUTES REGULAR MEETING
PETALUMA CITY COUNCIL
MONDAY, AUGUST 3, 1992
PRESENT: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
ABSENT: Davis, Sobel (Councilman Sobel was attending the Sonoma
County Transportation Authority meeting in Santa Rosa),
Nelson
Vol. 27, Page 137
ROLL CALL
PUBLIC COMMENT
Jack Balshaw, 1680 Kearny Court:
- The Factory Outlets - he reminded the Council and staff that there was supposed
to be a kiosk that would assist the local businesses asking people to visit Petaluma
while they are in the area.
- The Chateau -are they going to allow small pets? (They are.)
- Water Agreement with Marin - Mr. Balshaw is opposed to the probable increase
in the amount of commercial and industrial building that may well occur with
additional water to Marin. This will only increase the traffic on Highway 101.
You should ask for an EIR.
CONSENT CALENDAR
The following items which are noncontroversial and have been reviewed by the City
Council and staff were approved by a single motion which was introduced by Vice Mayor
Cavanagh and seconded by Lynn Woolsey.
.PRESENT: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
ABSENT: Davis, Sobel (Councilman Sobel was attending the Sonoma
County Transportation Authority meeting in Santa Rosa),
Nelson
RESO. 92-187 NCS
CLAIMS AND BILLS
Resolution 92-187 NCS approving Claims and Bills #21155 through #21524.
3o RESO. 92-188 NCS
31 DIKE RESTORATION -DREDGING DISPOSAL SITE
32 Resolution 92-188 NCS awarding dike restoration to Maggiore and Ghilotti for $3,960.
33 RESO. 92-189 NCS
34 STREET CLOSURE -WATER STREET FOR PETALUMA RIVER FESTIVAL
35 Resolution 92-189 NCS authorizing street closure of Water Street on August 15, 1992,
36 for Petaluma River Festival.
37
38
RESO. 92-190 NCS
STREET CLOSURE -AUGUST 15 -KENT STREET
39 Resolution 92-190 NCS authorizing street closure of Kent Street between Howard and
4o Central Streets between tl~e hours of 6:00 p.tn. to 10:00 a.m. on August 15.
138, Vol. 27 August 3, 1992
1 It was noted that this party was also done last year with no problems. It is a family type
2 affair with children present. The people promised to quit at 10:00 p.m. in order for the
3 children to get home.
* * * * * End of Consent Calendar
s ORD. 1899 NCS
6 ADD .TUVENILE ALCOHOL OFFENSES TO MUNI CODE
7 Adopt Ordinance 1899 NCS adding Chapter 10.64 to the Municipal Code pertaining to ,
s juvenile alcohol offenses and imposing a police service fee of up to $500 per .incident.
9 Lynn Woolsey noted she had not attended the last meeting and had a question as to what
1o is done upon the first hearing. Chief DeWitt noted that there would be a written
11 statement for the first offense. He went on to say the officers would be very careful in
12 enforcing the ordinance. This type of legislation has been in effect in California for one
13 year. The vote on adoption of the ordinance was:
14 AYES: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
15 NOES: None
16 ABSENT: Davis, Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
17 meeting in Santa Rosa), Nelson
18 RESO. 92-191 NCS
19 TRAFFIC SIGNAL HIGHWAY 1.16/101 NORTHBOUND
20 Resolution 92-191 NCS committing cost sharing of signalization for northbound traffic at
21 Lakeville Highway (Highway 116) at Highw, ay 101. The City will pay the costs of
22 preparation of plans, specifications and estimates. This also includes that the City will
23 fund a portion of the .construction cost up to $90,000. It is anticipated that the project
24 will be installed in the Winter of this year. They hope to have a contract awarded by the
25 end of September. Introduced by Lynn Woolsey, seconded by Nancy Read.
26 AYES: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
27 NOES: None
28 ABSENT: Davis, Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
29 meeting in Santa Rosa), Nelson
3o ORD. 1900 NCS
31 TAX RATE FOR FISCAL YEAR 1992-93
32 Introduce and adopt Ordinance 1900 NCS establishing a tax rate of $0.0118 per $100 of
33 assessed. valuation. This is based on a preliminary assessed valuation of $2,309,916,065,
34 as adjusted for debt service rates. Introduced by Nancy Read and seconded by Vice
35 Mayor Cavanagh.
36 AYES: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
37 .NOES: None
38 ABSENT: Davis, .Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
39 meeting in Santa Rosa), Nelson
4o RESO. 92-192 NCS
41 WINZLER & KELLY -AMENDMENT #1
42 Resolution 92-192 NCS approving Amendment #1 to Winzler and Kelly's May 4, 1987,
43 contract with the City of Petaluma to redesign the Payran Street bridge to raise it to a
44 bridge deck elevation of approximately 19 feet.
August 3, 1992
Vol. 27, Page 139
1 That is 4 feet higher than the U. S. Artny Corps of Engineers earlier estimate. Current
2 street levels are at 10 to 11 feet elevation and they will need to be raised. This may
3 impact the cross streets of Jess and Rocca Streets as well as residential driveways on the
4 East Side of the bridge.
5 The Lakeville bridge will be designed at an elevation that is 3 feet above the existing
6 structure. Downstream of the Lakeville bridge, a sewer crossing will need to be
7 redesigned. Two railroad bridges and a telephone crossing will also have to be
s redesigned.
9 This contract is amended to include the following: Revised Payran Street Bridge
1o Preliminary Engineering, Payran Street Pump Station Relocation Design and Construction
11 Management, Modify preliminary engineering report for Payran Street Bridge,
12 Preliminary Engineering of Lakeville Street Bridge, and Utility Relocation Preliminary
13 Design. The total fee schedule for Phase I is $99,608. This is the same cost as before;
14 it is just reassigning the work to save time. The fee schedule for Phases II and III will be
15 negotiated following completion of all of the Phase I preliminary engineering services.
16 Introduced by Lynn Woolsey seconded by Vice Mayor Cavanagh.
17 AYES: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
18 NOES: None
19 ABSENT: Davis, Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
20 meeting in Santa Rosa), Nelson
21 CADER FARMS AND WESTRIDGE LANDSCA-PE ASSESSMENT DISTRICTS
22 VOTE ON .ALL DISTRICTS
23 The City Council's vote on the Cader Farms and Westridge Landscape Assessment
24 Districts was taken at one time. It was introduced by Vice Mayor Cavanagh seconded by
25 Nancy Read:
26 AYES: Read, Cavanagh, Vice Mayor Woolsey, Mayor Hilligoss
27 NOES: None
28 ABSENT: Davis, Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority
29 meeting in Santa Rosa), Nelson
3o RESO. 92-193 NCS
31 INITIATING PROCEEDINGS
32 CADER FARMS LANDSCAPE ASSESSMENT DISTRICT
33 Resolution 92-193 NCS initiating proceeding for Cader Farms Development
34 Landscape/Lighting Maintenance District.
3s RESO. 92-194 NCS
36 APPROVING ENGINEERING SERVICES
37 CADER FARMS LANDSCAPE ASSESSMENT DISTRICT
38 Resolution 92-194 NCS approving engineering services with Nystrom Engineering for
39 Cader Farms Development Landscape/Lighting Mainteriarice District for Cader Farms
4o Development Landscape/Lighting Maintenance District. ~ w
41 RESO. 92-195 NCS
42 APPROVING LEGAL SERVICES
43 ~ CADER FARMS LANDSCAPE ASSESSMENT DISTRICT
44 Resolution 92-195 NCS approving legal services with Sturgis, Ness, Brunsell & Sperry
45 for Cader Farms Development Landscape/Lighting Maintenance District.
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140, Vol. 27 'August'3, 1992
t RESO. 92-196 NCS
2 ORDERING IIVIPR~
3 CADER FARMS `L,
4 Resolution 92-196 NCS ordering improvements in the Caller Farms Development
5 Landscape/Lighting Maintenance District.
6 RESO. 92-197 NCS
7 INITIATING PROCEEDINGS
8 WE,STRD('TE 4 & 5 i,ANnR('APF AC~F.fiCMF,NT TITCTRTf T
9 Resolution 92-197 NCS initiating proceedings for Westridge 4 & 5 Landscape
1o Maintenance District.
~ ~ RESO. 92-198 NCS
12 APPROVING ENGINEERING SERVICES
13 WESTRIDGE 4 & 5 LANDSCAPE .ASSESSMENT DISTRICT
14 Resolution 92-198 NCS approving engineering services with Nystrom Engineering for
15 Westridge 4 & 5 Landscape Maintenance District.
i6 RESO,. 92-199 NCS
i7 APPROVING BOND COUNSEL
18 WESTRIDGE 4 & _5 LANDSCAPF. ~ACfiFS~MFNT TIT.CTRTf T
~9 Resolution 92-199 NCS approving agreement with Sturgis, Ness, Brunsell 8e Sperry for
20 Westridge 4 & 5 Landscape Maintenance District.
21 RESO. 92-200 NCS
22 ORDERING IMPROVEMENTS
23 WESTI2IDGE 4 & 5 LANDSCAPE ASSESSMF,1vT nTCTRTf T
24 Resolution 92-200 NCS ordering improvements for Westridge 4 & 5 Landscape
25 Maintenance District.
26 * * * * * End of Westridge and Caller Farms
27 RESO. 92-201 NCS
2s APPROVING FORECLOSURE nF DF,T,TN(ITTFNT ACCF.C.CtiiFNTC
29 Resolution 92-201 NCS ordering judicial foreclosure of delinquent assessment
3o installments pursuant to the Improvement Bond Act of 1915 and Refunding Act of 1984
31 for 1915 Act Improvement Act Bond, and ordering that the Tax Collector be credited
32 with those installments. The total amounts in assessment districts outstanding .include:
33 Assessment District #10 $24,588.85
34 Assessment District #14
~ $4,439.66
35 Assessment. District #15 $13,310.46
36 Assessment District #17 $15,546.24
37 Assessment District #22 $84,509.25
38 Total $142,509.26
August 3, 1992
Vol. 27, Page 141'
~ Of these amounts $18,468.57 was due on December 10, 1991, and $124,040.69 was due
2 on April 10, 1992. Finance Director David Spilman said the bonds issued in connection
3 with these assessment districts require that he collect all delinquent fees. Introduced by
4 Lynn Woolsey seconded by Vice Mayor Cavattaglt.
5 AYES: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
6 NOES: None
7 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority meeting
8 in Santa Rosa)
. 9 INVITATION TO GROUND BREAKING
1o SANTA ROSA JUNIOR COLLEGE - PETALUMA CAMPUS
11 Henry Bell, head of the Petaluma Campus of the Santa Rosa Junior College, invited the
12 Council to the ground breaking on Ely Blvd. North (Sonoma Mountain Parkway) at 2:30
13 p. m. on August 11.
14 AD.T®URN
15 At 4:00 p.m. the meeting was adjourned to 7:00 p.m.
16 RECONVENE -ROLL CALL
17 PRESENT: Read, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss,
18 Sobel, Nelson
19 ABSENT: Davis
20 INV®CATION
21 Reverend Ken Brown led the invocation.
22 PLEDGE OF ALLEGIANCE
23 Jim Schultz of Main Street led the Pledge of Allegiance to the Flag.
24 PUBLIC COMMENT
25 Jim Schultz thanked the Council for their work in helping to pass AB 2358 which relates
26 to the enhancement of seismically unreinforced buildings in the downtown area.
27 Larry Volker, age 46, has written the City a letter regarding his offer of help in keeping
2s the turning basin tidy. He asked for a response. Staff will meet with Mr. Volker to
29 discuss the proposal.
3o CITY COUNCIL COMMENTS
31 Lynn Woolsey -wishes to have a report regarding how our "how well we are doing with
32 our goal to purchase recycled materials."
33 Mayor Hilligoss -would like to know when we are going. to have yard waste taken care
34 of by the refitse company.
35 Jack Cavanagh - I think this to be done by a specific date.
36 John Scharer, City Manager - ;yard waste is dependent upon a site licensing with the State
37 Waste Management Board. The County is responsible under the joint powers agreement.
38 There is no date that lie is aware of.
39 Bonnie Nelson - my vote a while back on the outlet mall was a "no" . The vote was 6 to
40 1. At the time she felt there was a fair process that lead taken place. Something called
41 "democratic" would be appropriate language. She was not at all happy about the
42 litigation that followed, and she would like to thank our staff for a fine job, well done on
43 the factory outlet mall. She doesn't believe in lawsuits which are done frivolously. And,
44 she feels that the Sierra Club's lawsuit was frivolous; it was decided in favor of the City.
45 Bonnie Nelson - On the 14th of Attgttst, an exchange student will be arriving from
46 Yugoslavia. Two members of .the exchange student program have already been
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142, Vol. 27 August 3, 1992
~ murdered. She would appreciate peoples' prayers for these young people, that they will
2 have a life.
3 Brian Sobel -that is hard thing to follow because we forget how good. we have it here.
4 We have our arguments about different issues and so forth, but we aren't dodging bullets
s in the City of Petaluma.
6 -Jim Schultz did a fine job on -AB-2358. I have been in contact both with our lobbyist as
7 well as elected officials. This is money well spent when you can protect a downtown,
s like we have. I don't want this to be missed by anyone. This was a massive effort up in
9 Sacramento to make this happen.. I would like to credit Jim for having done so much
1o work on behalf of the downtown.
11 - I attended a presentation done by Officer Roy Loden and the Police Dog Rocky. He
12 gave a presentation to a lot of children at the Community Center. I want to extend a
13 word of congratulations. He does a really first rate job.
14 - Do we have a time line on the softball field contract?
~5 John Scharer -after the last Council meeting, the lease has been redrafted and is in the
16 hands of the lessee and his attorney. Upon receiving that back, we will be sending it to
~~ an outside third party with real estate expertise for review. It should be back to the
is Council no later than thirty days.
~9 Mayor Hilligoss - .attended the opening of the North Bay Little League tournament with
20 winners from all over the North Bay. We don`t have a team playing, but if you want to
21 go over to Lucchesi Park to see them, they would be excited.
22 -There was a Trisha DeWitt who wrote a letter to the Editor of the local paper.. She just
23 returned from Ireland where they were doing a lot of shooting. We are so lucky.
24 CONSIDER CEQA .EXEMPTION AND SIGN
25 MC DONALDS -LUCKY CENTER - LAKEVILLE & CAULFIELD
26 On February 6, 1989, the City Council elected not to allow an illuminated sign at the Mc
27 Donalds which is located at the Lucky Center on Lakeville and Caulfield. Vince Parisi,
2s the owner, was present and made leis request to the City Council. He said.. that the
29 business is not being found by as many people who wish to utilize Mc Donalds. This
30 .information has come to him through the Shell Station across the street and from other
31 people who have looked for his b~isiness, which is the second largest business in the
32 complex. He stated that although there are two small "Mc Donald" signs, they are not
33 large enough to be read easily from a distance. He is willing to eliminate them in
34 exchange for illuminating the "M's" that are currently on the building. These "M's" are
35 the currently the same color as the building; they are neither colored nor illuminated
36 during the daytime. They do have some light on them at night. He asked for.permission
37 to allow him to place yellow plastic over the "M's" and to cause them to be illu_ urinated
3s from the inside.
August 3, 1992
1 It was moved by Bonnie Nelson and seconded by Jack Cavanagh,
2 that as long as they have no more than 3 visible signs per building
3 side, there is no problem with having the illuminated "M's".
4 AYES: Read, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
5 NOES: Woolsey, Sobel
6 ABSENT: Davis
7 Staff will have legislation for Council action at the next meeting.
Vol. 27, Page 143
8 RESO. 92-202 NCS
9 ELECTION -COUNCIL SALARIES
1o Resolution 92-202 NCS calling and giving notice of the holding of a Special Municipal
11 Election to be held on Tuesday, November 3, 1992, for the submission to the voters a
12 question relating to the amendment of the City Charter.
13 The measure would amend Section 19 of the Charter - Compensation, as follows:
14 "The Council may act, by ordinance, pursuant to a duly noticed public hearing, to
15 provide compensation to each of its members in an amount authorized by State
16 law. The Council may act, by ordinance, pursuant to a duly noticed public
17 hearing, to provide compensation to the Mayor in an amount up to 150 percent of
1g the compensation set for councilmembers.
19 Any change in compensation pursuant to ordinance shall apply to councilmembers
20 and the mayor immediately upon the effective date of the ordinance even when the
21 effective date is during a term of office."
22 Introduced by Lynn Woolsey, seconded by Vice Mayor Cavanagh.
23 AYES: Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
24 NOES: None
25 ABSENT: Davis
26 RESO. 92-203 NCS
27 REQUEST BOARD OF SUPERVISORS CONSOLIDATE WITH GENERAL ELECTION
2s Resolution 92-203 NCS requesting the Board of Supervisors to consolidate the Special
29 Election of the Charter measure with the General Election in November. Introduced by
3o Bonnie Nelson, seconded by Nancy Read.
31 AYES: Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
32 NOES: None
33 ABSENT: Davis
34 RESOLUTIONS 92-204, 205, and 206
35 VOTED ON AT THE SAME TIME
36 Introduced by Bonnie Nelson, seconded by Brian Sobel.
37 AYES: Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
38 NOES: None
39 ABSENT: Davis
4o RESO. 92-204 NCS
41 REQUEST CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS
42 Resolution 92-204 NCS requesting the City Attorney to prepare an impartial analysis of
43 the measure to be before the voters in November.
~,
~p7 ~ ~. }
144, Vol. 27 :~~~ Augiist 3, 1992 '
1 RESO. 92-205 NCS
2 REQUEST FINANCE OFFICER TO DEVELOP A REPORT ON FISCAL IMPACT
Resolution 92-205 NCS requesting financial officer to develop a report within 30 days of
the fiscal impacts of the measure going to the voters in November.
5 RESO. 92-206 NCS
6 FILING WRITTEN ARGUMENTS
Resolution 92-206 NCS determining that 'the following Councilmembers shall write the
argument to be included in the Sample Ballot for the voters:
9 Michael Davis
1o Lynn Woolsey
>« Nancy Read
12 Brian Sobel
13 Bonnie Nelson
14 * * * * * End of Election Measure Items *
15 RESO. 92-207 NCS
16 AMBULANCE RATE INCREASE
17 Resolution 92-207 NCS increasing ambulance rates up 6%. and discontinuing the
is residential rate. Chief Krout advised the City Council that there are $4'19,300 in
19 uncollectible fees as a result of the difference between the billings and the amount that
20 Medicare and Medical will actually pay. In response to a question of the Council, the
21 Chief said other cities are collecting. some of the cost through tax measures. He was
22 asked to look into the possibility of eloing that. The resolution was introduced by Bonnie
23 Nelson and seconded by Brian Sobel.
24 AYES: Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh
25 NOES: Mayor Hilligoss
26 ABSENT: Davis
27 CHATEAU OF PETAI:UMA
2s REQUEST FOR REDUCTION IN CERTAIN FEES
29 The Chateau of Petaluma is in the process of developing a senior congregate care facility
3o that will provide 225 units, 20 % of which will be for l.ow income residents. The fees
31 which will remain unchanged are water usage, sewerage (at non-residential user rate),
32 storm drainage, building, plan checking and permit fees.
33 The fees on which the development is requesting a change are:
34 Traffic Mitigation (which decision is tip to-the City Engineer), Community Facilities, and
35 Park and Recreation Land Use Fees. The first speaker was Tom Mc Donald who will
36 run the Chateau. He showed slides. that depicted the Pleasanton Chateau patrons. Also
37 speaking on behalf of the applicants was Linda Best and Shelton Baxter. They requested
3s that Community Facilities be $62,325 and Park and Recreation Land Use Fees be
39 $53,000, for a total of $115,325.
August 3, 1992
Vol. 27, Page 145'
1 It was agreed between the developer and the City Council that they would sign an
2 agreement that allowed small pets. The City Council noted that the agreement would
3 require that 10% be very low and another 10~ be low income residents.
4 It was moved by Brian Sobel and seconded by Lynn Woolsey that the fees would be
5 Community Facilities - $77,906 ($346.25 per unit) and Parks and Recreation Land Use -
6 $131,967 ($586.52 per unit), which was one of the staff's alternative recommendations.
7 These amounts are that which.is required to make the debt payments.
8 AYES: Woolsey, Sobel, Nelson, Vice Mayor Cavanabh, Mayor Hilligoss
9 NOES: Read
10 ABSENT: Davis
11
PUBLIC INFORMATION 16REAI{
12 Bonnie Bard, Public Information Officer, conducted a public information break with Kurt
13 Yeiter on the River Enhancement Plans and advised the citizens of various .road closures.
14 AI).I®URN
15 At 10:00 p.m. the meeting was adjourned. ~~
16
17
18
(1~
M. Patricia Hilligoss, Mayor
ATTEST:
Patricia E. Bernard, City Clerk