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Home My WebLink AboutMinutes 02/27/1989.~ fliPYtyvQ:p~ QS G®rreQ*~ 11~~ 3I~-~I ~~ February 27, 1989 MINUTES OF A REGULAR ADJOURNED MEETING OF THE PETALUMA CITY COUNGI~L MONDAY, FEBRUARY 27, 1989 RO LL. CALL PRESENT: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayor Hilligoss ABSENT: None The Pledge of Allegiance was recited. Vol. 24, Page 311 PUBLIC COMMENT Fran Nottingham, 508 HStreet -supports proposed ban on semi-automatic weapons. Dale Johnson, Weaverly Drive -the gun control issue is better dealt with at another level- of government.. Take the issue to the people rather than having the City Council doing it themselves. Joe Rappaport - supports'the light of hunting but. not mass destruction. Martin Pozzi, 307 Dana. Street. -protests ban on firearms. It would be better to have the people vote. Herb Williams, 92 Alta Drive -.opposes restriction on assault rifles .Hugh :Helm, Grant Avenue - urged support of some restriction of assault rifles Rolfe Conrad, 1005 Rancho Lirida Dnve -there is a need to control the criminal and. not the weapon Kevin Vincent, 241 Liberty -opposes ban on guns on a local level. Tell Sacramento you want the cheap stuff banned. Robert Kenebeck, 407 Fair Street -supports ban on anyweapons Bob Krause, 1444 Sierra Drive - `Lead us, don't try to rule us. 7:00 p. PLEDGE OF ALLEGIANCE CITY COUNCIL COMMENTS Lynn Woolsey a Hazardous Materials- resolution will: be before you at the next meeting: Jack :Cavanagh -asked the Council if they wish to take action on AB -498 regarding redevelopment. City Manager Scharer agreed the City should oppose that legislation. John .Balshaw -said we Have- to address the homeless problem. - ~ Brian Sobel - `hopes the.Council subcommittee will meet to discuss this issue. The City Manager advised the Council a study session is scheduled for the afternoon of. March 6, to discuss affordable housing. Staff will bring the Council up to date on area-wide efforts at that time. Lynn,, Woolsey. -with. the shortage: of annual rainfall for' the third year, the Parks Department should start looking at rationing water. She has seen water runoff from parks watering. - 1VIINUTES . The February 13 minutes were approved as submitted. Page 312, Vol. 24 February 27,1989 SEMI-AUT®MATIC ASSAITLT WEAPONS Thee- report. from the City Attorney regardin~~ the ,proposed; ban on semi,automatic assault: weapons was presented by Deputy City Attorney Richard Rudnansky: The courts have not previously addressed this exact issue (banning sale and possession of assault. type weapons within. a. charter city) and it is uncertain how the Courts would rule. Based on.current'law, there exists a.good argument that the City;may .adopt an ordinance banning certain types of wea ons, if those weapons have not already been regulated, by state law, He cautioned t at if such: an .ordinance 'is~ passed, it appears likely that it would be challenged in the Court by citizens, gun manufacturers, the National Rifle Association, and other special interest groups. Currently the State Supreme Court has been petitioned to review and rule on the validity of local ordinances regulating this. ;type of weapon. The State Legislature is also considering enacting legislation with respect to, these types of weapons. If the State. adopts legislation regulating Such: weapons, the local ordinance ma very well be rendered invalid on grounds that the State .has .preempted the area of control of these weapons. Mayor` Hilligoss called on Mr. Kates; an attorney from San Francisco who successfully:argued against the proposed San Francisco Ie~islation regulatngfguns. He noted that a large number of .assault rifles have been distributed by the Fe-decal government to citizens. on the .basis of Constitutional :authority to maintain a `militia. for the national defense. He reminded that following the attack on Pearl .Harbor, `the Governor, called out- the armed citizenry to defend Hawaii's :beaches until the Army got there. The Council .had `a long. discussion: on whether or. not to proceed with. local' assault ggu weapon re latons ~ and whether or not- to .form a committee to develop a recornmendation,foc local regulations. City Attorney Joe Forest advised.ahat his: office would have proposed legislation by -the beginning of April. There was :more discussion about establishing a' committee. The atraw vote .on establishing a .committee was as follows: Yes -Sobel, Vice Mayor Davis, Mayor Hilligoss No - Gavanagh;'Tencer; Woolsey, Balshaw ~~ It was moved ;by John:Balshaw, seconded by Lynn Woolsey: ~~ It is the intent of this Council to proceed with drafting and ' holding hearings on an ordinance. to ban, specific weapons identified. as assault weapons and. to let he ..State Legislatu_r`e ... 'know we'are :proceeding with an ordinance., ~~,~~ ~~ '`~'~s ~ ' AYES: Cavanagh, Teneer,.:Sobel, Woolsey, Balshaw,, ~ ;r ~. '.Mayor Hilligoss NOES: Vice Mayor Davis (this .is not. acting in good fath"withouti a committee) ABSE'~1T: None ~, ~;. February 27, 1989 Vol. 24, Page 313 Recess 8:45 to 9:00 p.m. RESO.89-55 NCS, CDBG 1989=90 PROTECT FUNDING Resolution 89=55 NCS establishing Community Development Block Grant priorities for 1989 J90: Petaluma Ecumenical Projects '$22,500. Committee on the Shelterless $100,000. Petaluma People Services Ctr. $100,000. Central Petaluma Housing.-Rehab. $27,504. TQTAL $250,000. ~.~ -`-~~4' i, ~•O f1C1 M.O'Al C.S ~ W~1 4p IU.(~'14. ,~u,s,r,g ~ha~;-=1-a~-lion" p~^co~r0.v~n . J RESO.89-56 NCS AJTO it®V!V'~.SSESSMENT DISTRICT #19 COUNSEL, ENGINEER~FIIV:~NCIAL CONSULTANT Mayor Hilligoss left the dais due to a potential conflict of interest. Resoltttio( 89-56 NCS appointing Engineer of Work-. (MacKay & Somps) an j Bond Counsel Hawkins, De afield & 'Wood -successor to Sabo and Deisch , and authorizing execution of agreements with the .appointed ~_ engineer, financial consultant (California. Public Services Finance Corporation -Don Van Dyke) and. attorneys for Assessment District # 19 Petaluma Auto Row. Introduced by John Balshaw, seconded by~Brian' Sobel: AYES: Cavanagh,'Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis NOES: None " ABSTAIN:, Mayor Hilligoss RESO.89-57 NCS Resolution 89-57 NCS determining to .undertake proceedings pusuant to, Special Assessment .and .Assessment $ond Acts for the making of" 'acquisitions and improvements without .further .proceedings under Division 4 of the Streets and Highways Code for Assessment Distnct # 19 Petaluma Auto Row. Work includes" street improvements, storm drain, sanitary sewer~and water-line improvements.. The petition of landowners was submitted by Benson et dl and-Hansel et" al.~-Introduced =. by Lynn Woolsey, seconded by Brian Sobel. . AYES: Cavanagh, Tencer, Sobel, Woolsey, .Balshaw;. Vice"Mayor Davis NOES: None ABSTAIN: Mayor Hilligoss ~ ~ " Page 314, Vol. 24 February 27, 1989 Resolution .89-58 NCS of Intention to make a_ cquistions and ,:improvements for Assessment ,District #19 Petaluma Auto: Row. Specifies of the resolutiion.nclu'de provisions., for change 'of ,grade, plans will be drawn, improvements are of benefit to more than specific ite, public property excluded from assessments, direct Engineer to prepare and file Report with the City Clerk; MacKay..&. Somps designated ;as , person. to answer protest proceeding inquiries;'provides for aggrreements with public :agencies and public utilities, fortyyear,refundable Serial Bonds at 12% interest rate will be issued, aTfernative procedures. and statutory authority for nsame, notice the Council wrll consider- adopting an ordinance relating to fmancial detail, .access easement`s,, reserve. fund creation, and delinquent. penalty' of .2% ,per' month on assessment payments. Introduced by'Brian~Sobel; seconded by Larry Tencer:. . AYFS: Cavanagh, Tencer, Sobel, Woolsey, BaLshaw, Vice Mayo"r'Davis "' - : ~ ~ - ~ ~ =: NOES: None 'ABSTAIN: Mayor Hilligoss Mayor Hilligoss resumed herpl'ace at the dais. CORONA ELY SPECIFIC.Pd.AN, PUBLIC FEARING contd. The Council asked staff questions -about the specifics of: the proposed p1an,Cgrona Ely SpecificPlan ,(continued, from, l/23/89). Napthali Knox,_consultant; responded. Ursula Liakis, Ely Road, address. the sample 'Right. to Farm' ordinance she shared. with the City Council. She .remains concerned about new .residents objecting to bucolic serenades:and-the bouquet of agricultural flora and fauna. Karen: Colabanch 464 Corona. Road, said :the :hearing .notifications went to her deceasedhusband's business address.. in :San. Francisco:.: She .requested. ;another continuance in order to finish appraising the issue~with the .co-trustee of the Will. .; ~~..~ m ,~ . Bariy Parkinson;. attorney,. ,spoke- on behalf of'property owners in the .'transit. site' (Gow). He suggested if ~-nthe Council put this °site to "Public Use' ; it is Reverse Condemnation. Bob 1Vlartin, 17,1` Payran :Street; 'said; there are insufficient provisions for off-site . drainage. He requested all building ,plans be delayed until there. is protection for downstream residents. February 27, 1989 ~. Vo1.24, Page ~1~ N'apthala Knox noted where the drainage provisions are in the .proposed Specific Plan. ~ ~ _ . '~:. Bruce Aspnall, '707 Second Street, Santa Rosa, representing the Brody family, complimented Mr. Knox and. the staff on their response to his previous correspondence. `He .recommended Council concurrence and authorization for staff ~to conclude negotiations for a more equitable siting of the Sonoma Mountain Parkway right-of-way. There being no one else wishing to speak, the hearing was closed. Road connecting Santa .Rosa.. JC to Adobe Road - It was Council consensus there is no interest in that .road. Agricultural Operations -The Council discussed ways in which future property owners might. be apprised of the :approved presence of existing agricultural operations and, _~erhaps, having them execute a document acknowledging the existence of agncultural operations at the time of property title exchange. Placement of signs identifying° "Agricultural Lands" was also suggested. It was noted the specific agncultural endeavors may change to reflect changing market demands. The hearing was closed. The Cite :Manager advised that staff wishes to work with the Colabianchi and Brody families and then the final 'documents will be brought back to the Council. The Council asked for information on the revised financing plan at the same meeting. ICES®. 89-59 NCS KELLER STREET - I~ETUItN TO TWO WAY Resolution 89-59 NCS returning Keller Street to Two-Way traffic between Western Avenue and "B" Streets. Staff :advised the Council there will be a net loss of 15 parking spaces. It was moved by Lynn Woolsey, seconded by Vice Mayor Davis. AYES: Tencer, Sobel, Woolsey,-Balskaw, 'v: c ~ Ha.yc r Aa~1s, Mayor Hilligoss NOES: Cavanagh,'F~iee-lVfaye ~5~~ ABSENT: None Thee Council agreed that any :merchant request to ,return the street to one way should result in a sharing: of the cost to make the change. ICES®. 89-60 NCS ING'ERSON ~?VAZ'ER PAYBACK AGREEMENT Resolution. 89-60 NCS' approvin~gg~ execution of a water main extension payback agreement with Jack Ingerson. The pa back would be a total. of $14,458.34 to be paid over a 10-year period at a rate of $1,445.83 ,per year. Mayor Hilligoss left the dais Buring the discussion due to a potential conflict of interest. Introduced by Lynn Woolsey, seconded by Brian Sobel. AYES: Cavanagh, Sobel, Woolsey, Balshaw, Vice Mayor 'Davis NOES: Tencer ABSTAIN: Mayor Hilligoss Page 316, Vol. 24 RESU: February 27, 1989 GENCY PURCHASE WATER MAIN TAPPING, EQUIPMENT' Resolution 89-61 NCS approving ,emergency purchase of aTap-,mate water main tapping, machine from Vintage Water Works for $1.0,524.21. Introduced by John Balshaw, seconded by Vice Mayor Davis,. . AYES; Cavanagh, Tenter, So6e1; Woolsey, Balshaw, Vice Mayor Davis;,Mayor Hilligoss NOES: None ABSENTS None RESO.89-62 NCS ZONE 2A )F'IJNDING FOR RIVER' IMPROVEMENTS Resolution 89-62 `NCS recommending. that Sonoma County Water Agency .Flood Control Zone: 2A allocate $4.00;000 per year towards major unprovements~ to the Petaluma River .from assessments realized from ahe zone-wide ,benefit district __ approved by the voters. Introduced by Jack. Cavanagh, seconded, by Larry Tenter. .AYES: Cavanagh; Tenter, Sobel;. Woolsey; Balshaw,. Vice Mayor Davis, Mayor I-iilligoss NOES: None ABSENT:-.. 'None RESO.89-63 NCS COUNT1tY CLTB :ESTATES ALLOTMENT FOR~'EI'I`LJRE DATE Resolution $9-63 NCS extending the ahotment forfeiture :date for Country Club Estates L'Jnit II ,1988 allotments from''February 28 to March 31, 1989: Introduced by Lynn Woolsey, seconded byJohn Balshaw. AYES:; Cavanagh, Teacer, Sobel, Woolsey, Balshaw, Vice:Mayor Davis; , Mayor.Hilligoss NOES's None. ABSENT: ~ None , - -. _ ~ . SIS'T'ER CITY`PROGRAIVi . _ .. .. ._ . _...._ NICHINAN-CHO~TOTT'ORI PREFECTURE, TAPAN Mayor Hliigoss received: the., following; communication and. the Council expressed .interest in looking at a Sister City relationship with them: Nithnan-cho is located, in the southwestern corner of Tottori Prefecture,, Japan: This-borders the Japan .Sea on the main .island of Honshu across from. Osaka. A delegation. from Nichinan-cho will be ~in the Petaluma area on .March 29. AD.IOURN At i0:40:p.m:'the meeting was adjourned: '. . ' - vfc M. Patricia Hilli'goss, Mayor r, ATTEST: ~---. atrica E Bernard, City Clerk