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HomeMy WebLinkAboutMinutes 07/05/1988Vol. 24, Page 128 July 5, 1988 ' ' ~J i~l~~ MINUTES ®F A REGULAR MEETING PE'TALUMA CITY C®UIVCIL TUESIDAY, ,TULY 5, 1958 ROLL CALL: 2:~ P.M. PRESENT: AYES: Sobel, Balshaw, Cavanagh, Tenter, .._ ,Vice Mayor Woolsey, ,Mayor Hilligoss ABSENT: Davis RECESS TO.CLOSED SESSION to discusspersonnel matters. REC®NVENE: 3;00 P.M. PUBLIC C® N'T: Jeff Cartwright, 56 Rocca. Drive, said 'we don't want you to ratify the redevelopment. agency items. CONSENT CALENDS The following items were enacted by one motion which was introduced by Vice Mayor Lynn Woolsey and seconded: by Brian Sobel. AYES: ~ ~ Sobel, Balshaw, Cavanagh, Tenter, °~L' Vice'~Mayor.Woolsey, Mayor Hilligoss NOES: None ABSENT: Davis RESO.88-183 Ncs CLAIMS , BILLS Resolution 88-183 NCS approving claims and bills #83561 through #84008. RESO.88-184 NCS DAWN PLACE GRADING Resolution 88-184 NCS approving grading permit prior to final .map approval. for Dawn Place Subdivision, authorizing execution of agreement and requiring surety in the amount of X27,550 which includes $22,800 for grading and $4,750 for restoration if the development fails before construction. KINGSWO®D SUBDTb~ISION The resolution approving. final map for Kingswood Subdivision was removed from the Consent Calendar and continued to July 18, because the developer's final map and bonds have not been received by the City ,n~ final form. July 5, 1988 Page 129, Vol. 24 RESO.88-185 NCS CANVASS i~JNE 7 ELECTION Resolution 88-185 NCS. canvassing returns and results of the June 7 Special Municipal Election. Text of the resolution follows: WHEREAS, on Petaluma City Council adopted Resolution No. 88-66 NCS Special Election to be held in conjunction with the June 7, 1988, Statewide General Election; and WHEREAS, the following questions were referred the voters at the Special Municipal Election: CITY OF PETALLJMA MEASURE. F SHALL THE CITY OF PETALUMA CHARTER BE AMENDED TO ADD TO ARTICLE IX THE FOLLOWING SECTION 63.5? "63.5 Adoption of Utility Users Tax A utility users tax within the City of Petaluma, may be levied or imposed only after a majority of the voters within the City of Petaluma, actually voting on such measure, .approve such a utility tax. Such a utility tax may include a tax upon the use in the City of Petaluma by any residential user, business user, industrial user, or any other user,. of telephone communication services whether intrastate, interstate, electrical energy, gas, water, garbage, cable television or any other use of utilities by residents of the City of Petaluma. This is an exclusive. right granted to the voters of the City of Petaluma and neither the City Council of the City of Petaluma nor any of its officers, agents: or .employees shall have the power to levy and/or impose such a utility tax without such voter approval." WHEREAS, the Special Municipal Election was held n the City of Petaluma on June 7,,1988; and, WHEREAS, the votes from said election were received and canvassed by the Sonoma County Elections Department: and the . returns thereof were ascertained and declared in all respects as required by law: NOW, THEREFORE, EE IT RESOLVED by the City Council of the City of Petaluma as follows: (1) The City Clerk is hereby instructed-to enter this Resolution on the minutes of this meeting as a statement of the result of said election; Page 130, Vol. 24 July ~, 1988 (2) The total number of ballots cast in the City at said Special Municipal Election was as follows: FQr A -ins Ballots 10,759 6,189 3,970 (3) The total number of Registered Voters is: 21,857 (4) Voter Turn-out 49.2% RESO.88-186 NCS CI~iII.D CARE CONII~II'1'I'EE APPOIN'T1yIEl~i'TS . Resolution 88-186 NCS appointing Child Care Committee. Before the vote, the City Council amended the composition of this committee by adding one at-large member: Of the two at-large members, one shall represent the Learniag-to-Learn center. RESO.88-187 NCS PLANI,IING CONIIdIISSION APPOIN'H'A~IEi+1T Resolution 88-187 NCS appointing incumbent Dan.I.ibarle to the Planning Commission. for a second four-year term to expire in 1992. RESO.88-188 -NCS SP;~C APPOINTIl~IEPIT Resolution 88-188 NCS appointimm~ Hugh Helm to a two-year term on the Site Plan Architectural Review Committee. RESO.88-189 NCS. PEItSOlad1~1EL BOA. APPQD h17C Resolution x-189 NCS~appointing Carol Belove'to a four-year term on the Personnel Board expiring in 1992. RESO. ~-189(A) NCS PEl~SO1VN~L ~O APPOIN'TIVIEN'lr Resolution 88-189(A) NCS appointing Don Brann to a three-year term on the Personnel Board expiring in 1991. RESO.88-190 NCS ~IISTOTh~/CL~:TL»~®.:L,PI~~ERVA7i'1[ORT COlV1l6IITl'I'; Resolution 88-190 NCS appointing CaYnille Suave` to the Historic and Cultural Preservation Committee reprinting Heritage Homes. wP 1" 'f")' i . ~~. July 5, 1988 Page 131, vo . 2 4 RESO. 88-190(A) NCS HISTORIC/CULTURAL PRESERVATION COMMITTEE Resolution 88-190(A) NCS appointing Elbert Hopkins to the Historic and Cultural Preservation Committee representing Historic Library/Museum Board of Directors. RESO. 88-191 NCS MOSQUITO ABATEMENT BOAR APPOINTMENT Resolution 88-191 NCS appointing Richard R. Ryno to the Marie/Sonoma Mosquito Abatement Board to replace Ted Morris who resigned. This term expires in December of 1991. RESO. 88-192(A) NCS LUCCHESI SENI®1~ CENTER B®ARD APPOIi+dTMENTS Resolution 88=192(A) NCS appointing Marie Beviacqua to the Lucchesi Senior Center Board for a term expiring in 1990. RESO.88-192(B) NCS LUCCHESI SENI®R CEN'T'ER B® _ APP®I IV'TS Resolution 88-192(B) NCS appointing Juanita Brotemarkie to the Lucchesi Senior Center Board for a term expiring in 1990. RESO.88-192(C) NCS LUCCHESI SENT®R CE1~iTER. B4ARI)~,PP®I Resolution 88-192(C) NCS appointing Virginia Strassner to the Lucchesi Senior Center Board for a term expiring in 1990. RESO.88-193 NCS AIRP®ItT CO ISSI®l~ Resolution 88.193 NCS appointing Charles Spongberg as the representative of the Petaluma Area Pilots Association (PAPA) for a one-year term. RESO_ : 88-194 NCS ELE . Cam. Resolution 88-194 NCS approving the personnel classification Electrical/1Viechanical Maintenance Person. RESO.88-195 NCS PARR SIT AG ...E Resolution 88-195 NCS renewing the paratransit agreement with Petaluma People Services Center for the I?a1-A-Ride program. The contract will expire on June 30,1989. Page 132, Vo. 24 July 5, 1988 RESO.88-196 NCS SUS AGREEMENT - FIXEID ROUTE Resolution 88=196 NCS renewing agreement with Transit Management Service for fixed route bus service until May 31, 1989, at an hourly rate of $21.32. RESO.88-197 NCS CASH DEL, OR® L..A.ID. ENGINEER'S REPORT Resolution 88-197 NCS of preliminary approval of engineer's report Casa. del Oro Landscape District Landscape Maintenance Assessment District FY 1988-89 (second year). RESO.88-198 NCS CASH ®EL; .OR® L..A.D: ANNEX 1 iOSET'I'E COIJR'T ENGINEER'S REPORT Resolution 88-198 NCS preliminary: approval. of engineer's report Casa del Oro L.A.D. Annear. 1- Josette Court Landscape Maintenance Assessment District FY 1988-89. RESO.88-199 NCS CASm IDEL. ®R® ICI). ANNEX 3 SYCAM®ILE hIEIGIi'I'S ENGINEER'S Resolution 88-199 NCS preliminary approval of, engineer's report Casa del Oro. L.D. Anne. 3 -Sycamore Heights Landscape Maintenance Assessment District ~ '1988-89. RESO.88-200 NCS dILLAGE WS L®-D. EP1GI1+iEER'S 'REPORT Resolution 88-200 NCS preliminary approval. of engineer's report Village. Meadows (second year) Landscape Maintenance Assessment District FY_ 1988-89. yRESO. 8q&~201w PiCSy ~ /'9 - (1 }egg IYN P.~.~IV -~FL~~ A:A~IMe~e. E~IHI~E~'s~ '~YJd~T ~---- Resolution 88-201 NCS of,prelimnary approval of engineer's report MeadoWr Park ~ 1 Landscape Maintenance Assessment. District EY 1988 89. RESO.88-202 NCS _S~d~NV ~~®'~~~ ~ ~ ~®alle ~A~IGIL'~lli'-9 rs~''1F~~sl Resolution 88-202 NCS of preliminary approval of engineer's report Spring Meadows #5 Landscape Maintenance Assessment District FY 1988-89. ,. T' July 5, 1988 Page 133, Vol 24 RESO. 88-203 NCS SALARY -UNIT 1 CONFIDENTIAL. Resolution 88-203 NCS approving salary and supplemental wage benefits for employees in Unit 1 -Confidential RESO.88-204 NCS M-®-U UNIT 1 MAINTENANCE Resolution 88-244 NCS ratifying Memorandum of Understanding for employees in Unit 2 -Maintenance RESO.88-205 NCS SALARX UNITS 3 ~ 4 'I'EC]E~NI~-L,/PI~Ok'~3SIONAI. Resolution 88-205 NCS approving salary and supplemental wage benefits for employees in Units 3 and 4 and Professional RESO.88-206 NCS SAL.AItY TJIS_~,~ Cam. Resolution 88-205 NCS approving salary and supplemental wage benefits for employees in Unit S - RESO.88-207 NCS M•O-U UNIT 6 P®LIC Resolution 8&207 NCS ratifying Memorandum of Understanding for employees in Unit 6 - RESO.88-208 NCS EXTEND M-®-U U>~'JI' 7 R~F'IG Resolution 88-2tZ~ I~dCS extending terms and conditions of l~emoraadum of Understanding for employees in Unit 7 • ' RESO.88-209 NCS 4AT. sRY° , ~. ~ ~ a Resolution 88-209 NCS approving salary and supplemental wage benefits for ..employees in Units 8 and 9 - Page 134, Vol. 24 July 5, 1988 RESO.88-210 NCS HOLIDAYS Resolution $8-210 NCS establishing holidays for the fiscal year 1988-89 as follows: Independence Day Monday, July 4, 1988 Labor Day Monday, September 5, 1988 Columbus Day Monday, October 10, 1988. Thanksgiving Day Thursday, November 24 and Day After Friday, November 25, 1988 Christmas Eve/Day Friday/Monday, December 23/26 New Year's Day Monday, January 2, 1989 Martin Luther King Monday, January 16, 1-989 Presidents' Day Monday, February 13, 1989 Memorial Day Monday, May 29, 1989 ORD. 1723 NCS _APPROPRI~TE .1987-g8 Introduce and adopt Ord. 1723 NCS for additional appropriations for fiscal year 1987-88. ORD. 1724 NCS APPItO~1tIA't'E ('I'El~OXI 1._988--89 .Introduce and adopt:Ord. 1724 NCS appropriating monies for fiscal year 1988-89 through July 31, 1988. * * • End of Consent Cale®dar * * * RESO.88-21.1 NCS ~~;~s AFL. OISf.9_A--~-IDe p Resolution 88-211 NCS of intention to order tht levy and collection of assessments pursuant: to the Landscaping and. Lighting Act of 1972 FY 1988-89 and setting hearing for July 18,1988; for Casa.del Oro Landscape District,. RESO: g8-212 NCS r®_ca DEL OItO L~~~D ~X 1--J®SE COQ Resolution 88-212:. NCS of intention to order the aeey and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 FY 1988-89 and setting hearing for July 18,1988, Casa del Oro L.D. Annex. 1 - Josette Court. Page 135, Vol. ~4 July 5, 1988 RESO.88-213 NCS CASH ®EL ®It® L.A.®. ANNEX 3 - SYCA1~1®RE HEIGH'TS Resolution 88-213 NCS of intention to order the levy and collection of assessments pursuant to the Landscaping and .Lighting Act of 1972 FY 1988-89 and setting hearing for July 18, 1988, Casa del Oro L.D. Annex. 3 - Sycamore Heights. RESO.88-214 NCS VILLAGE 1i~IEAD®i?VS L.A.®. Resolution 88-214 NCS of intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 FY 1988-89 and setting hearing for July 18, 1988, Village Meadows (second year). RESO.88-215 NCS MEADOW PARK #1 L.,e-.D. Resolution 88-215 NCS of intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 FY 1988-89 and setting hearing for July 18, 1988, Meadow Park # 1. RESO.88-2;16 NCS SPRING MEt~®WS ~S L.A.I~e Resolution 88-216 NCS of intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 FY 1988-89 and. setting hearing for July 18,1988, Spring Meadows #5. RESO.88-217 NCS PARIS/RI+,.CREA'A'IOled S• CA-I. Resolution Sib-2.17 NCS approving the Parks and Recreation 5-year Capital Improvement Plan. Valley Vista•HilLside Park -Jay Stewart, 1845 Western Avenue, requested $25,000 on behalf of Valley Vista School for ajoint-use to develop Hillside Park with. playground equipment and landscaping. Council consensus was to approve the staffs recommendation of x15;000 towards the park and to reserve $10,000 from the 1990 Parks and Recreation budget, as well. It was the consensus the school would maintain the park since it is not on City owned land. Swim- Center -"There was a Council request that this be a priority project (paint building and replace fence).. There was no consensus taken. Staff was asked about the letter the. City received regarding assistance to improve the pool. Page 136, Vol. 24 July 5, 1988 McNear Park Restrooms -There was a Council request that this be a priority project and another suggesting the staff look into skylights. There was nb consensus taken. Center Park -Vice ..Mayor Woolsey noted the ad hoc Center Park. Committee will be asking for 3 additional substantial park benches and additional trash receptacles for the park. McNear Tennis Courts - It was suggested the tennis courts are in need of resurfacing. Summit Above Petaluma - In response to the question, `why there is a park in that subdivision when the General Plan does note indicate a park in that location, staff advised this is a homeowners' associatiodresponsibility. Unallocated Fund balance. -Staff was asked to develop more information on the unallocated Parks funds. Introduced by Vice Mayor Woolsey, seconded by John Balshaw. AYES: Sobel, Balshaw, Cavanagh,. Tencer, Vice Mayor Woolsey, R+Iayor Hilligoss NOES: None ABSENT: Davis RESO.88218 NCS P VALi1A'I'IO~T. Resolution ~8-218 NCS establishing the fair market value of parkland and the cost of improvements thereon; i.e., park development fees for 1988/89 at ~Sg,000 peracre for parkland public improvements and at $45,000 per acre for turf and irrigation. The resolution is applicable to building'permit applications submitted:after July 5, 1988. Introduced by John Balshaw, seconded by Larry Tencer with she request that an added' notation be made in the resolution reflecting .the Corona-Ely area financing-plan will. also address the 2 neighborhood-.parks for that area. AYES: Sobel,. Balshaw, Cavanagh, Tencer, Vice. Mayor Woolsey, l~iayor I-lilligoss NOES: None ABSENT: Davis July 5, 1988 Page 13 7 , Vol . 2 4 RESO.88-219 NCS LUCC~iESI C®M11~fUNITY CENTER USE P®LICY. FEES. APPLICATION Resolution 88-219' NCS- approving the Lucchesi Community Center Use Policy, Fee Schedule and Application form as presented. Staff was requested to develop guidelines for the amount of use that would be allowed by any single organization or group. Introduced by Vice Mayor Woolsey, seconded by Brian Sobel. AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor I-iilligoss NOES: None ABSENT: Davis RESO 88-220 NCS WISEMAN AIRP®RT PAS . Resolution 88-220 NCS approving the acme Wiseman Airport Park for the Urban Open Space aTMnd co un~it~Park~dev~el~pm~nt betwf~n t~e ar0.ndon. Garfield Drive and the Petalumaunictpa~ ~pprt,n lntroduceci by Larry Tencer,aeconded by.Vice Mayor Woolsey.., . . „ . AYES: Sobel, Balshaw, Cavana~hh, Tencer,. Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Davis RESO.88-221 NCS T_ RANSIT AGREE - NEB®N G D Resolution. ~ 221 1VCS authorizing execution of a contract with Nelson Nygaard Consulting Associates for professional consulting service to assist City std in purchase of replacement busses at a cost not to exceed $19,5. Introduced. by Vice Mayor Woolsey, seconded by Larry 'l'ancer. AYES: Sobel, ~ vv, Cavanagh, 'Tencer, Vice Mayor-Woolsey, Mayor I3illigoss NOES: None ABSEN'T': Davis ~'t.OSETD SE~SIOAd to discuss personnel RECESS'T'Q TDTlI~~at Finn Cucina Italians ~~~~~~~ Page i38, Vol. 24 July 5, 1988 ROLL, CALL PRESENT: ABSENT: Sobel, Balshaw, Cavanagh, Tenter, Vice Mayor Woolsey, Mayor Hlligoss Davis. - PLEIDGE OF' ALLEGLANCE The Pledge of Allegiance was ied by Boy Scout Ross Crain of 1505 Sarkesian Drive. Mayor I~illigoss presented. a Gubernatorial Commendation to him for bravery. PLJBL.IC C®A~dA~EPIT Matti Christensen, 109 Rocca Drive -regarding the redevelopment item on this agenda, requested that the Council prioritize the funding so that first expenditures are on flood mitigation. - ~~ "Vince Landofl2~ Cordelia -spoke ~in opposition to the proposed redevelopment: Ply ~-laa-1-'. GI,,.iS~ensev~sPart in ~evor o~' '~+e Proposed reda.ve_lcprnexrl' p•-oJec.~' 6-re0.. h CITY Coc~tca~. c®Mi~rrrs Vice Mayor Woolsey called the Council's attention to the Sonoma County Hazardous Waste Plan which will be in final form in two months. JOINT MEETYNCi Recess to Joist Meeting'with Petaluma Community Development Commission: (cont'd. from June 20). The Council removed. the wording relating to the redevelopment agency ability to assume th'e right of eminent dom~in,on residential property. It vvas noted the City Council retains the paver of eminent domain. Principal Planner Michael Moore reviewed. three redevelopment area bouadary"options before the Council. The :first option was the original which.:included -properties beyond those. fronting on Petaluma Blvd. The second" option included all buildable property fronting on Petaluma Blvd. North .and those properties whose owners: expressed their desire to be included. This option would. create islands of property That would n®t be part of the area. The third option was to include all property with buildable frontage on Petaluma Blvd. North and those contiguous to Petaluma Blvd. North who request inclusion. .. . ' a r ~;~,,.~,.~. , N. ., July 5, 1988 Page 139 , Vol . 24 The EIR process was explained by Mr. Moore. The notes and comments to the Draft EIR that have been received are included in the Final document: The revenue calculations will be made after the boundary is determined. In response to a question of timing of the proposed actions, staff advised the Commission/Council that there would be a loss of approximately $4(~,4fl0 in tax increment revenue if the proposed actions were not adopted at this time. The Council reaffirmed that flood mitigation is the Council's highest priority. Mr. Sabo, counsel for these proceedings, reviewed the process that had transpired to date, the public hearing has been held and he added that it is proper for the Council to make their decision at this time. The Council agreed to adopt the third boundary option which would include all property with buildable frontage oa Petaluma blvd. North and those who requested inclusion and are contiguous to property fronting on Petaluma Blvd North and ~ properties that may have requested inclusion but are not contiguous to Petaluma Blvd. in order to avoid creation of islands which are not in the district. 'The following actions were taken: PCDC Resolutions: PCDC RESO.8S-4 REI.®CA1'I®N. ItIJI.ES ®P-P~'I'ICIPA'I'I®h1 DEC TIOIq OF RE~'I'IIONS Resolution ~-4 of the Petaluma Community Development Commission approving and adopting certain relocation assistance guidelines and certain rules governing.participation by owners and business tenants and adopting a declaration of'restrictions in connection with the Petaluma Community Development Project. Introduced by Vice Chairman V~oolsey, seconded by Larry 1'eacer. AXES: BaLshaw, Cavanagh, 'Tencer, Vice Chairman Woolsey, Chairman Hilligoss NOESs None A~SEN'T: Davis ABSTAII~d: Sobel (because he was absent at the Public Hearing meeting) Page 140, Vol. 24 July ~, 1988 PCDC 12ES0. 88-5 MAKING FINDINGS Reso. 88-5 of the Petaluma Community Development Commission making findings with respect to blight within the redevelopment project area of the redevelopment plan for the Petaluma Community Development Project and approving an assessment of .conditions report. Introduced by John Balshaw, seconded by Larry Tencer. AYES: Balshaw, Cavanagh, Tencer, Vice Chairman, Woolsey, Chairman Hilligoss NOES: None ABSENT: Davis ABSTAIN: Sobel (because he was absent at the Public Hearing meeting) PCDC RESO.88-6 APPROVE PLAN, CEIt1'IFY EIR, ItECO~1E1~1IDATIONS ~- LDW~O®EItATE INCOIi~IE FI0USING Reso. 88-6 of the Petaluma. Community :Development Commission approving the redevelopment plan for the Petaluma Community Development Project and. the redevelopment plan report; certifying the Environmental Impact.Report'."for the petaluma Community Development .Project and. malting certain recommendations with respect to low- and moderate= income housing. Introduced by Vice Mayor Woolsey, seconded by John. Balshaw. AYES:. BaLshaw, Cavanagh,l'eacer, Vice Chairman `Noolsey, Chairman Hillgoss N®ES: None ABSENT: Davis ABSTAIN: Sobel (because he was absent at the Public Hearing meeting) July ~, 1988 Page 141 , Vol . 24 City Council Resolutions: RESO. 88-222 NCS CERTIFY EIR. APPR®VE REDEVEI.®PMEN'T PLAN Resolution 88-222 NCS .approving the redevelopment plan for the Petaluma Community Development Project and the redevelopment plan report; and certifying the environmental. impact-report for the Petaluma Community Development Project: Introduced by John Balshaw, seconded by Larry Tencer. AYES: Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Davis ABSTAIN: Sobel (because he was absent at the -Public Hearing meeting) RESO. SS-223 NCS PAY PCIDC FOR Plr~i.I INIPRO~M]EN'TS. Resolution 88-223 NCS .consenting to payment b'Y the Petaluma Community Development Commission for certain public improvements pursuant to I3ealth and Safety Code~Section 33445 end Malang certain determinations concerning such improvements including making findings with respect to low• and moderate income housing. Introduced by Vice Mayor Woolsey, seconded by John Balshaw. AYES: Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Ivayor I-~illigoss NOES: None ABSEN'T': Davis ABSTAIN: Sobel (because he was absent at the Public Hearing meeting) ORD. 1725 NCS APPIi®dING AMID: G)ID TAP _-- Introduce Ord. 1725 NCS approving and adopting the redevelopment plan for the Petaluma Community Development Project. Introduced by -Larry 'Tencer, seconded by John Balshaw. AYES: ~ Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor hilligoss NOES: None ABSENT: Davis ABSTAIN: Sobel (because he was absent at the Public Hearing meeting) Page 142, Vol. 24 July 5, 1988 Recess 7:55 to 5:05 DOWNTOWN PARKING AND BUSINESS IMPROVEIl~RNT ARC (PBIAI The Council heard a request from Margaret White who presented a petition with 224 signatures. The petition states, 'The' undersigned business owners.; located within the downtown ~PBIA district request the City Council of the City of Petaluma formally adopt a motion to rescind. said PBIA district and the assessment .levied on downtown .businesses. The reasons to resind(sic) being: - 1. The PBIA:district and assessment was, and is opposed by more than 50% of the businesses within the PBIA district. 2. The request by the Main Street Association to form the district was not accompanied by.proof of support of 20% of the'businesses within the district under Cali£ .Streets and.. I3ighverays Code Section 36521. 3. The assessment was enacted by the City Council in direct.con~lict with: Proposition 13, which requires a 2/3 vote of the electorate to approve any new taa. 4. The ,PIA assessment.levies and classifications stated in the Resolution.301-S7passed and the. Ordinance 1705 adopted by the City Council were not the saffis as the 1esolution published"and mailed under Code Section 36522. When c_ h~ages aad/or modifications are made, California Streets and - ys Code Section 36525 requires they be published and a nor Public Dearing be held." In response to his. ~/hits's request that Councilman John ~alshaw not participate is the di$cussion, City Attorney Joe Forest addised the Council that the Councihan does 'not base a conflict of interest and there fs, therefore, no reason to preclude his participation. Joe Baxter,. attornsy ffaoffi Santa Rosa, addressed the Council on behalf of Margaret... Whits... He .alleged the notices were defective, alleged there is a lack of uaderstandin~ of the bound~rie~ alleged theresolution did not comply with Prop. 13 of Juns91975, alleged the assent is a tax, and referred. t®a lei®nterey County~judis~l dsc~ion of Novembaa1957. City Attorney Forest respo ~ Ohs alleg~tipffi stating. the Council is acting in accordance with; States ~+hch veers tisubasquent to Prop. 13 and which refers to'the funds as' eats'; the hfonterey County rase dealtwith-pre-Prop.13 legislation and is not-applicable to the present ;, iP July 5, 1988 Page 1 ~ 3 , Vo 1 . 2 4 situation. He added there is new legislation being considered by the State at this time and, if it passes, the. PBIA will be required to conform to the new provisions which are not yet final. tits. White said they .have referred figures on the PBIA to an accounting firm for checking. Bill Berliner, Old Chicago Pizza owner, does not object to what the PBIA is doing, he objects to the cost. Robert Ramirez, Realtor,. didn't like the fact that he feels he had no choice. If this becomes a 'voluntar}~ organization, he feels it will be successful. The Council asked staff to develop a mutually agreed upon surveyor mail ballot for the Council's consideration. 1VIC NE,~ HII.I. VES'I'TATG 'I'EN'T~ITIVE 1P The Council considered the McNear Hill vesting tentative map which had been. forwarded to them by unanimous vote of the Planning Commission. The property owner, Walter Kieckhefer, plane to construct an apartment complex on the Petaluma Blvd. South site. His .application or a vesting tentative map was made to .protect the development from future City costs and restrictions. There was discussion of the possibility of deleting the 'vesting' designation of the proposed map. It was moved by Vice Mayor Woolsey, seconded by John Balshaw, not to support this resolution. The matter was continued to July 1S for consideration of a tentative map with .no vesting provisions. AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSEN'T': Davis ZONING TE~'I' The Zoning ordinance text amendments were contimied to July 11. The~T.ucchesii C:onimunity Center Dedication Committee report was presented by Diane; Young, 'T'he event is scheduled. f®r October 14 and 15. A formal fund raising dinner/dance is fanned for Friday evening. Tickets will be ~50.OO.;per person, $?3.~ of that amount will be accumulated. for the ;purchase of a piano for the nevi- community center. Saturday the ribbon cutting ceremony will ocLVr, followed by activities of general interest. to. the community. Tt was Council consensus to use $2,500 Transient Occupancy Tax monies for the celebration. Page 144, Vol. 24 July 5, 1988 RESO.88-225 NCS SOUTH POINT INDUSTRIAL PARK NORTI•I MCDOVVELL ASSESSMENT DISTRICT Resolution 88-225 NCS accepting proposal'for Special Assessment Proceedings for South. Point Industrial Park public, improvements. South Point Industrial P-ark;will construct the improvements at this time and the. North McDowell Assessment District will acquire: ,the improvements which will benefit' the Amerikids project: Introduced by John Balshaw, seconded by Brian .Sobel: AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor.Hilligoss NOES: None ABSENT: Davis RESO.8g-226 NCS 1VIIC~, IDAVIS - VICE. MAYOR Reso. 88-226 NCS electing. Michael Davis Vice Mayor-for the 1988-89 Fiscal Year. Introduced by Vice Mayor Woolsey, seconded by Brian Sobel. AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Davis L,IAIS®N ASSIGATIPiTS The following liaison assignments were made by .Mayor Hilligoss. John BaLshavv Parks :and Recreation Jack Cavanagh Planning Commission Brian Sobel Airport Commission Larry Tencer County Library Commission Lynn Woolsey ~ ~ Traffic Committee July 5, 1988 Page 14 5 , Vol . 2 4 RECYCLING REPORT PETALUMA I~EFIJSE Tom Walters, Petaluma Refuse Company, advised that the recycling training program is underway; recycling containers will be distributed to residents about mid-July. AD (_~OUlZN The meeting was adjourned at 10:30 to July 11 at 7:00 p.m. `.i2' (. Mayor M. Patricia I~llgoss ATTEST; / ~~ City Clerk Patricia E. Bernard