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Home My WebLink AboutMinutes 08/15/1988August 15, 1988 Vol. 24, Page 191 Approv ~ d as Su-brn ~-~}e d 4~~~s& MINUTES OF A REGULAR MEETING PETALUMA CITY COUNCIL MONDAY, AUGUST' 15, 1988 ROLL CALL: 7:00 p.m. PRESENT': Councilmembers Cavanagh, Tenter, Sobel, Woolsey, Balshaw, Mayor Hilligoss ABSENT: Vice Mayor Davis INVOCATION: Rev. James Zirkle, St. John's Lutheran Church led the prayer. PLEDGE OF ALLEGIANCE: Bonnie Nelson led the Pledge of Allegiance to the flag. PUBLIC COMMENT Carl Barash noted that there is a proliferation of garage sale signs and night club advertising signs being placed indiseriminatelythyoughout the City of.Petaluma. The Police Chief advised that his personnel advise people not to place. signs on public poles, but often no one sees the signs being affixed. Regarding garage sale signs, he suggested the use of a car strategically parked near intersections for temporary advertising of garage sales. He also suggested that persons who find such items on the utility poles and other public property, to remove and destroy the illegally hung signs. Bonnie Nelson, 619 Walnut Street, suggested there be special places for citizens to place signs advertising garage sales and the like. CITY COUNCIL COMMENTS Brian .Sobel noted that he and City Manager Scharer spent the day in Sacramento with Assemblyman Filante and Senator Keene regarding AB-4400 which would- - - require that the State Department of Waterways coordinate the flood mitigation in the Petaluma drainage basin. The bill. has been supported to date by both political parties and has been.. passed by the Assembly. Residents who feel strongly about flooding were urges to contact their Legislators and the Governor requesting support for the bill in its current form. Page 192, Vol. 24 August 15, 1988 Brian Sobel requested an agenda item for Council consideration of contributing, $1,000 towards- the pedestal for the Bill Soberanes Wristwrestling Statue which will be placed in'Snoopy Park'. Lynn Woolsey complimented the River Festival.and Adobe Festival committees for successful events over the weekend. CLOSED SESSION The Council recessed, to Closed :Session to meet with the City Attorney on litigation (City vs. Frankel -Phoenix Theatre) 7:20 to 8:05. 1VIINU'I'ES, July 1g The July 18 minutes were amended as follows: Page 1, Minutes - change. spelling of name. from Brandon. to Berlanga; Page 7 under Public Comment, Glenn Head's comment should read,."on behalf of Petaluma Citizens Ban on. Utility Tax committee, he noted the e~srger charter amendment has qualified and requested` return of their $200." CONSENT CALENDAR The following items from the Consent Calendar were approved by the adoption of a single motion introduced by Brian Sobel, secondedby Jack Cavanagh. AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss NOES: None ABSENT: Vice Mayor Davis RESO.88-285 NCS CLAIMS AND BILLS Resolution 88'-285 NCS approving. claims and bills #84490 through 84655.. RESO.88-286 NCS .RECORDS RE'T'ENTION -PERSONNEL Resolution 88-286 NCS adopting amendments to the Personnel :Department Records Retention schedules adopted by Resolutions 9910 NCS, 8432-NCS,: - ---------- -----~ AND 85~-5 NCS. RESO.88-287 NCS A_ CCOUN'T'CLERI~ - SENIOR ACCO C-L-EIiK ~ ~- -. Resolution. -88-287 NCS approving personnel classification revisions for Account Clerk and Senior Account Clerk.. August 15,-1988 Vol. 24, Page 193 RESO.88-288 NCS IN'I'EItMEDIATE TYPIST .Resolution 88-288 NCS approving revised personnel classification for Intermediate Typist Clerk. ICES®. 88-289 NCS DAWN PLACE -FINAL MAP Resolution 88-289 NCS approving the final map for Dawn Place Subdivision (located off of Pacciorini Drive). RES®. 88-290 NCS ANNA'S MEAD®WS -FINAL MAP Resolution 88-290 NCS approving the final map for Anna's Meadows Subdivision (located at South McDowell Blvd. and Casa Grande Road). RESO.88-291 NCS POLICY -LARGE FAMILY DAV CARE Resolution 88-291 .NCS approving large family day care policy 'grandparenting' all large homes licensed by the State at the time of the effective. date of the ordinance instituting regulations for such day care homes may apply for and receive a use permit from the City if such application is received within six months of the effective date of Ord. 1728 NCS. There shall be no fee and no conditions of approval for such permits. RES®. 88-292 NCS TRUCKS - VVA1'EI~ DEPARTMENT Resolution $8-292 NCS awarding purchase of one 4-wheel drive half-ton heavy duty truck for $13,142.43 and one half-ton heavy duty truck for $11,456_ .99 . _ from Heartland Chev-Olds-Cad. of Petaluma. _ - - - - "~ RESO.88-293 NCS I.A~?VLER RESERVOIR Resolution 88=293 NCS awarding contract for Lawler Rese~tn3r la~apr~o~~eme~~,ts required by the State Division of Dam Safety which ir~_ ~:~de,~erea~:a~;g tl~e r~~~~ _ height by up to 3.5 feet to provide an increased factor of safety in the event,af-- an 8.3 earthquake on the :San Andreas Fault or a 7.0 magnitude earthquake on - the Rodgers Creek: fault. Additional improvements will be made to the intake flume and to the access bridge. _ _ Page 194, Vol. 24 August 15, 1988 ORD. 1732 .NCS TAX RATE FOR DEBT SERVICE Introduce and adopt Ordinance 1732 NCS establishing the tax rate for :debt service for fiscal year 1988=89 at $.0154 per $100 assessed valuation. RESO.88-2941vCS ENGINEERING~ES Resolution 88'-294 NCS increasing. filing .fees for Subdivision and Parcel Maps and repealing Reso. 6439 NCS. * * * End of Consent Calendar RESO.88-295 NCS IN LIEU IIOiTSING .PROGRAM Resolution 88-295 NCS approving allocation of funds for the "in-lieu [of low income housing construction] fees" housing program as follows: $400,000 for the second mortgage program in addition to any of the $416,000 allocated but uncommitted in fiscal, year 1986-87 and 1987-88; $24U,000 for Petaluma Ecumenical Projects (PEP) site improvements and fee for' Mt. View project;. .$40,000 site development for Burbank Housing Corporation's Madrone Lane project in addition to unused committed fiscal year 1987-88 funds;.-$200;000 for acquisition by PEP of land located on Caulfield Lane; up to $250,000 for land bank acquisition pool.. $50;000 to PEP for a one. year experimental program. (The Council agreed to set up a. workshop with the Petaluma Ecumenical Projects to discuss their ongoing .programs, goals and aims, and their suggestions for uses of the $50,000 'experimental one-year operating. grant' use be deferred until after that meeting.) It was also suggested that the Council sit down with all the recipients of -the in-lieu monies and talk about what -the future brings and make sure there are safety nets with respect to each-one of these .groups so that we are clear on it and' the groups are clear on it. It was noted this -~~. -=-- August 15, 1988 Vol. 24, Page 195 is the first time the City is using the in-lieu money for somethira,g other than hard physical facilities. This one time action is not meant to be a precedent for use of these funds for operating expenses. The language of the resolution was changed to read, ."$50,000 for acne-year experimental grant to Petaluma Ecumenical Projects. Uses for such funds are to be adopted by the City Council no later than October 17, 1988." .The $35,000 is for program administration. Introduced by Larry Tencer, seconded by Brian Sobel. AYES: Cavanagh, Tencer, Sobel, Woolsey; Balshaw, Mayor Hilligoss NOES: None ABSENT: Vice Mayor Davis GRID. 1733 NCS C®MMUNITY ~F'ACII:I~'IES FEES Introduce Ordinance 1733 NCS amending Section 17.14.040A of the Municipal Code establishing the. Community Facilities fee at $1,213.00 per dwelling unit or as subsequently adjusted under Section 17.14.045 (Consumer Price Index). Claim Process The. Council had previously made a change in the Community Facilities Fee. to $1,200 per unit or $5,000 an acre whichever was less; then it was changed tb whichever is more.. The resulting staff interpretation was to collect $5,000-even if:there was one unit on an acre, which was not the Council's original intent in passing the legislation. This ordinance resolves that inequity. Staff was asked if there is a process whereby a builder could be reimbursed for the difference between what he paid and what this fee would be if this ordinance had been adopted at an earlier time. Policy It was Council ..consensus that any party who has paid the $5,000, yet who would have paid a smaller fee if this ordinance had been in effect, and who wishes a refund may file a claim for refund based on the adoption of this ordinance. The City Manager will consider that claim. for refund. It also was Council consensus that the fee should be a full dollar amount rather than the _ _ suggested $1,212.75. The fee amount was rounded to $1;2-13:00. The- -- - - ordinance was introduced by Larry Tencer and seconded by Brian Sobel, AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss -NOES: None _ _ ABSENT: Vice Mayor Davis ~ - - ~ -- = - -- --- Page 196, Vol. 24 August 15, 1988 RESO.88-296 NCS CASH DEL ORO ~ZUEST FOR REIIVIBURSEMENT 'The Council considered the request received from developer Leonard Jay for reimbursement, of a portion of his financial participation in the cost of construction and aandscaping of the Casa Grande 'Road median strip adjacent to the Casa del Oro Subdivision. Attorney Joanne .Sakai made the presentation. City Attorney Forest advised there is nothing in the City records that indicates a raised median with. landscaping was required by the City. It was moved by Larry Tenter and seconded by~ Lynn Woolsey: To adopt Reso. 88-296 NCS declining the request to reimburse the $120,173.26. AYES: Cavanagh, Tenter, Sobel, Woolsey, Balshaw, Mayor Hilligoss NOES: None ABSENT: Vice Mayor Davis RESO.88-297 NCS SKATEBOARD - S~'REET CLOSURE Reso.. 88-297 NCS authorizing closure of the street between Center Park and the McNear Building on August 28 for an Explorer Scouts fund raising skateboard demonstration during°the hours of 9:00 a:m. 'and 6:00 p.m. The Explorer Scouts will furnish the insurance. Staff advised the Council this is the same area where- the Farmer's Market is held on Friday afternoons. The resolution-..was introduced by Lynn Woolsey; seconded by John Balshaw after staff was directed to notify the businesses prior to the event. AYES: Cavanagh, Tenter, Sobel, Woolsey, Balshaw, Mayor Hilligoss, .NOES: None ABSENT: Vice Mayor Davis August 15, 1988 Vol. 24, Page 197 ~SO.88=298 NCS 1VIETCAL.F'E ANNEXA'I'I®N ' Resolution. 88-2981VCS approving a negative declaration of environmental impact for the Metcalfe Annexation and prezoning. Introduced by Jack Cavanagh, seconded. by Brian Sobel. AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss .NOES: None ABSENT: Vice Mayor Davis ®RD. 1734 NCS METCALFE PItEZONING - Introduce Ordinance 1734 NCS prezoning property to R1-10,000 and to R1- 20,000. This property is onelot located at 731. Paula Lane. The Council also considered the resolution requesting that the Local Agency Formation Commission initiate annexation proceedings. Introduced by Brian Sobel, seconded by Jack Cavanagh. AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss NOES: None ABSENT: Vice Mayor Davis ®ItID. 1735 NCS LEASE - MANGON - AIRP®RT Introduce Ordinance 1735 NCS authorizing execution of lease with Walter Mangon for service and sales of parts .and accessories at the Petaluma Municipal Airport. Introduced. by John Balshaw, seconded by Brian Sobel. AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss NOES: None . ABSENT: Vice Mayor Davis Page 198, Vol. 24 August 15, 1988 RESO.88-299 NCS PHOENIX THEATRE -SETTLEMENT Resolution 88-299 NCS approving a settlement agreement with Kenneth Frankel. on the Phoenix Theatre litigation. Introduced by Larry Tencer, seconded by John Balshaw. AYES: Cavanagh,. Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss NOES:- None ABSENT: Vice Mayor Davis ADJOURN The meeting was adjourned at 9:00 p.m. .~ M. atricia Hilligoss, Mayor ATTEST: atricia E. Bernard, City Clerk