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HomeMy WebLinkAboutMinutes 04/06/1987April 6, 1987 MINUTES OF A REGULAR MEETING OF THE PETALUMA CITY COUNCIL MONDAY, APRIL 6, 1987 V.23 P. 157 ROLL: 7:00 p.m. . ~. . . PRESENT: Davis, .Woolsey, Balshaw, Vice Mayor Tencer, Mayor Hilligoss ABSENT: Sobel, Cavanagh (Cavanagh arrived at 7:15 p.m. ) INVOCATION was given by Rod Bowman of the Petaluma Christian Church . The Pledge of Allegiance was recited. Public Comment There was no one wishing to speak. MINUTES The March 9, 1987 minutes were corrected on page 3, Resolution No. 87-61 change Engineering Depar.trnent :to Public Works Department. The March 16, 1987 minutes were amended as follows : Add the word Mar/ch to the title . _, . , V ;IP.,age.2, Community Facilities .Fee, change the wording of the second sentence. Planning Director Warren Salmons, requested that the City Council include a provision in the ordinance which would cause the fee to be tied into the Consumer Price Index movements whether they be upward or downward in the future years in order to keep up with economic conditions . /Page 4, third. line correct. spelling _the response. Amend the sentence immediately following to say staff is to develop answers to the letter submitted by Mr. Duffel at the meeting. Page 7, Highway 101 Report, mend to read there has been a re uest for $30, 000 additional funding for the stud It .has been a reed .that•. 60;,.,000 would be prorated .and . 30, 000 contingency was dropped. r , CONSENT CALENDAR The following items were approved by the adoption of a single motion which was introduced by Lynn Woolsey and seconded by John Balshaw. AYES: Davis, Woolsey, Cavanagh, Bals'haw, ~ . ~r ~;~ ,. • ~ ;~-Vice~~Mayor Tencer, Mayor Hilligoss .NOES:: None .. . ABSENT: Sobel RESO. 87-77 NCS CLAIMS .AND BILLS V. 23 ~P.. 158 'April 6, 1987 RESO. 87-78 NCS COMM-UNITY D'EVELOPM'ENT -WEEK . i • . Reso. 87-78 .NCS proclaiming :.April 11-18, 1987, National Community Development Week. RESO. 87-79 NCS PROPERTY TAX .- . Reso. 87-79 NCS establishing procedures for Property Tax Exchanges occasioned by City and Special` Districts Annexations. ._ __ RESO. 87-80 NCS DELTA.. .LEVEE ~ .. - . Reso. 87-80 .NCS supporting comprehensive Delta Levee Rehabilitation Program. . RESO. 87-81 NCS , ., _ •i; '~~ WAIVING FEES ~ ~. ~~~~ ~~ Reso. •87-81 ~-•NCS waiving. development .~ fees for the ..construction of facilities by the People Services Center; ~~,:i~ ..c RESO.~ 8!7-82 NCS APPRECIATION 'i•' • Reso. 87-82 NCS Councilmember Woolsey read 1~esolution No. $7-82 NCS expressing appreciation to Cynthia Bowman far contributing her time, energy and intelligence to..the .City of Petaluma. ~~ .: •: ' ., . RESO. _87-83.NCS.~ _ _ __~~~,.; LUCCHESI PARK ~ , , Reso. 87-83 N:CS Rejecting bids on Lucchesi Park Walkway Improvements. The low :bid .was .:from. R . B . C . Construction Co. , for $39', 000:.00, and th'e second• bid: was .from LaGrow Corp for $59,253,00. •Both bids wer..'e over budget. RESO. ~8.7=84• NCS .. _ KE•LLER, •ST$EET UNDERGROUNDING ~ ~ „r~,. Reso. 87-84 NCS updating the,'~Keller Street tnderground' District-;time schedule by establishing the reconnection ~ date for no later ~ ~ than February 1, 1.988. _ RESO. 87-85 . NCS -... _ .... ,. SO. MCDOWELL BOULEVARD UNDERGRO'UNDLNG ., Reso, 87-85 NCS updating the South McDowell. Boulevard Underground District time schedule by establishing the reconnections date for ~riq' later than October 3, 1988. ~- ••,''_ RESO. 87-86 NCS ~ . RESIGNATION _. . . Reso. 87-8 NCS accepting the resignation of Joe Milner from the $oard of Building Review and Appeals . April 6, ~ `1987 V.23 P. 159 RESO. 8?-87 NCS SEWER MONITORING EQUIPMENT Reso. 8'.7-87 NCS authorizing stuff to solicit proposals for Sewer Monitoring Equipment. RESO. 87-88 NCS RECOGNIZING Reso. 87-88 NCS Councilman Jack Cavanagh read Resolution No. 87-88 NCS recognizing Haskell E. "Hack" Boyett who has served the Sonoma County Community for many years . ,ORD'.:1677 NCS .~. -~ ~ tr ~'~CR05S CONNECTION . -~'~±' ~~' 'Ord. " 1'677 'NCS '.setting forth requirements for the protection of the .... Public Water System by Cross-Connection and Backflow Control, by repealing Section 15.08.220 and adding Chapter 15.09 to the Petaluma Municipal Code. * * * END OF CONSENT CALENDAR ~~.. FLOODPLAIN~ REGULATIONS ''"n '. ='• Council spent some time discussing the proposed Ufa. ordinance' regulating deve'loprnent in the Floodplain and requiring that any fill be balanced by a lowering of ground level within the area so that there is no net difference in water holding capacity. • Speakers were:. Jon Anderson of MacKay & Somps in Santa Rosa; Emil Mogel of Mogel Engineering in Petaluma, Matthew Hudson, Attorney representing property owners; Willie McDevitt of Amber Way, Petaluma, suggested that more needs to be done to make the ordinance regulations . more .viable for the building .community. Bob Carpenter, 518 Orchard Lane, Penngrove and Mr. Goldstein, 500 .Orchard Lane, Penngrove, . ~ expressly asked the. ordinance be adopted as it is . • The City Council asked for documentation of the negative impacts that could be caused by this ordinance. An example of the documentation • '?requested was, the details of. handicap ramp extensions having to be so ~~ -.much longer to accommodate the '0' net fill. , INTERIM GUIDELINES After more discussion it was moved by John -. Balshaw~ and .seconded by Michael Davis that the staff be .directed to use the standards of the proposed ordinance for '0' net fill until resolution of the final wording of the ordinance. AYES: Davis, Woolsey, Cavanagh, Balshaw, • ~ Vice Mayor Tencer, Mayor Hilligoss • - 'NOES.:. N-one • ABSENT: Sobel V. 23 P.. 160 ,~. April 6, .1987 1 TABLE AND REFER TO FLOOD COMMITTEE. . It 'was moved by. John Balshaw .and seconded by .Michael Davis to Table the ordinance and to refer it to the City Council Flood Subcommittee AYES: Davis, Woolsey,, Cavanagh., Balshaw, Vice Mayor Tenter, Mayor Hilligoss - _ ~ ' NOES : None _ ABSENT: , .Sobel ~ ~ ' ORD. 1681 NCS LEASE AND POLICE FACILITY FINANCING LUCCHESI COMMUNITY CENTER Ord. 1681 NCS was introduced as an urgency ordinance;. by Lynn Woolsey, seconded by Vice Mayor Tenter to authorize lease :of :parcel's °of .real property located at 96:9 Petaluma. Bled North (for , lase _ as a Police Facility. ).;and Lucchesi Park . on North' McDowell •,Blvd. , -Petaluma:~;(for use as Communi'ty•'Center) .' AYES; Davis, Woolsey, Cavanagh., Balshaw, Vice Mayor Tenter, Mayor Hilligoss NOES : None - ABSENT: Sobel Included among the documents considered by the Council were: 1 , . ~ I r ~ . °Amended and. Restated Site Lease for the Petaluma, Community Center (at Lucchesi Park) and Police Refunding .Project; and . . , , °An Agreement to cancel the 1985 Lease Agreement relating to the Petaluma Police Facilities Project; °Escrow Agreement.; °Lease Purchase Agreement dated as of, April 15, 1987 between .the California. Public Eaci-lities and .Equipment Leasing Corporation as Lessor .and the. City of Petaluma • a's Lessee. to cover the Police Facility and the Community Center; °Agency Agreement relating .to the. Petaluma Community Center• a"nd ;the Police Refunding Project between the California .Pub-lit .Facilities and Equipment Leasing Corporation and the City of Petaluma; ., °Assgnment Agreement gelatin-g to Petaluma Community Center.~and Police Refunding. P-roject between. the California Public Facilities and •Equipment Leasing Corporation; °Draft Certificates of Participation for the contract of purchase between Wells Fargo Bank, National Association, as underwriter and "the 'City of Petaluma; 1 1 April 6, 1987 V.23 P. 161 °Petaluma Community Center: and Police Refunding Project evidencing the ~1. :_,:.- proportionate interests of. the owners .thereof in lease payments to be ;: s - _ made by the City of Petaluma., County of Sonoma, California as the .., s ;;~': rental for certain property pursuant to a lease agreement with the California Public Facilities and Equipment Leasing Corporation; s.. °Agreement for legal services' between the City of Petaluma and Sturgis, _:..: Ness, .Brunsell and Sperry, .Bond Counsel. _~ r~ Introduced by Vice Mayor Tencer, seconded by Michael Davis ,. ~ AYES: Davis, Woolsey, Cavanagh, .Balshaw, • ~ j ..:~, Vice Mayor Tencer, Mayor Hilligoss NOES : None ABSENT: Sobel RESO. 87-90 NCS CREEKVIEW COMMONS Reso. 87-90 NCS upholding the appeal of Creekview Commons. The Council expressed. concern about the condition of Ely Boulevard North in the vicinity of Creekview Commons Subdivision as well as in the vicinity of subdivisions to the north. The Council .asked staff to bring back a report at the next meeting regarding the condition of Ely Boulevard North, adjacent to Creekview Commons. The Raja. Development request was for occupancy of 20 units . There has been a delay in moving power poles so that Ely Boulevard road improvements could be made. Mr. Costanten of Raja Development requested 60 days from the time the new poles are installed to make the Ely Boulevard improvements . It was moved by Vice Mayor Tencer, seconded by Lynn Woolsey to uphold the appeal and approve occupancy.. of 20 units and to allow 60 days for the developer to make .the improvements to Ely Boulevard. This time period is to begin when the PG &E has moved .the power poles . No more than 20 units may be occupied until the entire Ely Boulevard responsibility has been completed. City Engineer Tom Hargis, is to report on the status of improvements on the northerly portion of Ely . ' Boulevard North .at .the. next Council Meeting.. AYES: Davis, Woolsey, Cavanagh., Balshaw., Vice Mayor Tencer, Mayor .Hilligoss •~ NOES : None ABSENT : Sobel _ . - Recess 8:25 to 8:40 p.m. . _:s~:AG_ENDA CHANGE The Mayor announced .that Casa Del Oro Subdivision, Del :~ r•.- s Oro :Park.. discussion and 7-11 Appeal ~ of Use Permit Conditions (Old .~ • Redwood. Highway & North McDowell Blvd.) •:will not be discussed this ,'' ~ ~ .~ evening ;,• , V. 23 P. 162 .April 6, 1987 A . STREET . PA~R'K•ING •LO:Ti = '.F.ARM•ERS. MARKET. ~ •._ ~ . ; R • There .was a .very long dscws'sion and. presentation by. proponent`s ,and opponents.: of .having : a _ Farmers Market ~ .orn the side of .the A Street .Parking' -Lot.. .Judy Collins presented .the proposal..:for the Farmers Market,.. which isY supported .by the Main' Street Committee.. • The,.y are proposing to have the Market Fridays from 3:00 to ? : 0.0 p . m . between June 5y._:1987 and.:Novernber 1~3, 1.987. ~ She stated ,this program is in operation in several California cities. Farmers, who. must. be. ,certified by their 'County Agricultur.ai.~Cornmssioner as the-producers~~of..the produce they will be selling, will_ be .given.. an opportunity to have .spaces. ;to sell their produce ate specific, tunes , during •the. growing year. There. was. discussion about the site, the day, and the time. SPEAKERS AGAINST Charles Chou, owner of Food City Market :~:~:..;o Sue Achilles, Studio Gift Shop - presented a petition opposing. the~._ ~ . .. ~ . market _ Jan Sterdavent ~• Bill Berliner,. Old Chicago Pizza Vc•_DeCar.`li; repr,:eseritng .the LanMart Building . _ .. Jim..Cooke, Adobe .Florist ..- Steve. Gaultney, .Hagstrom Market • •, FOR: - Judy Wa'lter.s ~ ' Alice Forsythe Mark Linewon .. ., . Bonnie. Nelson, - 147.~Ells Street. - ~ • Don Bennett, • i4 Kehler Street Fran Barrish_ _ Vernon.. Barrish , Cplin McKenzie; 335 Vallejo Street ;Jim .Becker, owner of Aarons Furniture Store, .: ... Marcia Maleske, Coordinator of~ the .Main Street .Program spoke. on .behalf of the project ~ - Clyde Nelson, 14 .Keller.. Street - Bill Gabbert, representing the Main Street Committee and himself supported the Market ... - Chris Rohrs, 177 Albert Way supported the Market at a different. location . - ~a.a:, _ .. Ed Love, 10:11 G Street The .foregoing list. of speakers did ,not all speak on the sam'eT~ basis;.. Some: spoke on the. Far.mers..Market generally, some. spoke, of the Farmers Market.in this location~•ori a• different day. Some spoke on the. Farmers Market at another location. There was no real consensus, chat could ~b.e drawn except there was general support to have the. market. someplace . 1 April 6, 7.987 V . 23 P . 163 The Council discussed this at great length. Concerns expressed included possible damage to the landscaping to the A Street Parking Lot, the size of the lot, the timing, the competition with local businesses, and -•: - '- the type of .merchandise that might be sold. The Council was assured '~° irbyi'Judy Collins that there could be a restriction to leave alone the local . , merchants and the local merchants could. be invited to participate in the market themselves . It was moved by Lynn Woolsey, seconded by Michael Davis to approve the Farmers Market on Fridays from 3:,00 to 8:00 p.m. in the A Street Lot . Motion failed . AYES: Davis, Woolsey, Balshaw, - NOES: Cavanagh., Vice Mayor Tencer, Mayor Hilligoss ABSENT: Sobel o It was .then moved by Balshaw and seconded by Woolsey that we react in ' ~ -favor of allowing an experimental Farmers Market on the A Street Lot, subject to the staff and the applicant. being able to work something out r.• r .: and bring . it back to the Council.. This would only be for the 1987 harvest year. AYES: Davis, Woolsey, Balshaw, Vice Mayor Tencer, NOES : , Cavanagh (because ~ he felt they need more answers) . ~~~ . Mayor Hilligoss (because she sees to many problems with the parking lot being to small and the danger to the landscaping and the location. ABSENT: Sobel AGENDA CHANGE AMENDMENT At 10:55 the City Council agreed to consider Weed Abatement, Truck >i ,1;:.Traffic: on Payran Street, -and to continue the rest of the items to another meeting . ~ . RESO. 87-91 NCS . WEED ABATEMENT & CONTRACT The public hearing was opened. There was no one wishing to speak so, the public hearing was closed. RESO. 87-91 NCS ORDERING ABATEMENT OF WEEDS & APPROVING CONTRACT FOR TWO YEARS WITH VANDERGOOT EQUIPMENT COMPANY Reso. 87-91 NCS ordering abatement of nuisances consisting of weeds growing upon public. and private property in the City of Petaluma and ordering the Fire -Chief to remove said weeds , by contract or by his own forces, and awarding contract to remove weeds within the City of Petaluma• and authorizing the Mayor or City Manager to execute a contract for such abatement program. Introduced by John Balshaw, seconded by Lynn Woolsey. AYES: Davis, Woolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Hilligoss NOES : None ABSENT: Sobel V . 23 P .. 164 April 6, 1987 ATTEST: , ORD. 1682 NGS' TRUCK. REGULATIONS - , - . Ord. 1682- N,CS ~An ordinance prohibiting certain. truck traffic ;on, certain portions of .Payran Street and a portion of East D Street. :Council heard residence of 'the Payran; Jefferson ~ Street area . , .The.: •hearing was opened. Speakers were: Colin,-McKenzie, 33b Vallejo Street :. David Pyles„ Jefferson Street _ Jim Reeke, 316 Payran ,_. , Bonnie ..Nelson, 147 Ellis Street .. ~ . . John Dutton,. ,Corner of Payran . &• Jefferson... ~ - Georgina Younger, 318 Payran Street All expressed, concern about .the noise of;. the trucks. Victor DeCarl;; .who has ~a propane .business, on Wilson. Str.eet;. made certain there would be no .restrictions for his propane trucks coming .off of Wilson Street onto :other streets in th`e area. He was assured he could use Wilson Street to turn left on to D to go out of town . There being no one else wishing to speak the hearing; w.as closed. It- was moved by Lynn Woolsey, seconded by John Balshaw to approve- A, C &. D. but: not . B or B1. , . - _ .AYES: Davis, Woolsey, •Cavanagh, Balshaw,, ~. Vice Mayor Tencer, Mayor Hilligoss .. NOES : None ABSENT: Sobel - -, ,,, ~.. It was moved by Vice Mayor Tencer and seconded by John ' Balsh',aw fo approve B & B1 as written AYES: Cavanagh,. Balshaw, Vice Mayor Tencer, Mayor Hilligoss NOES : Davis, Woolsey ~ _ .,,~„ ABSENT: Sobel _ ~ . ~. . Meeting .adjourned at 11:50 p.m. to be continued April 13, 198.?. , 1 - - - ;~ . r. M , atricia illigoss ayor ~ ~ d Patricia E. ernard Gity Clerk