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HomeMy WebLinkAboutMinutes 06/15/1987V..2~3 P, 208 June 15, 1987 MINUTES OF A. REGULAR MEETING PETALU,MA CITY COUNCIL MONDAY,. JUNE 15, 1987 ROLL CALL : 3:00 p . m . PRESENT: Davis, Sobel, Woolsey, Cavanagh,. Balshaw, Vice Mayor Tencer, Mayor Hillgoss ~ Ch.Jte~c_c~. "~ 02 3:00 Meetings The City Council. asked that, there be no 3:.00 p.m. meetings without a three-week notice, unless five members agree to meet at that time . SUPREME COURT DECISION ~ ON LA-ND USE REGULATIONS City Attorney Joseph Forestreviewed the recent United States Supreme ~. Court decision ~ regarding .compensation for certain governmental restrictions on land use. He went on to advise the Council he .felt -they are in compliance ~ with .the new regulation as long as zoning amendments are based on 'safety' factors. GROWTH. MANAGEMENT SYSTEM REVISIONS Principal Planner Michael Moore .addressed the Council on the proposed growth; .management: system revisions . The following is a listing of some of the Council's comments I ,~~rg= atitiva rinrtinn of tht> cvctam chn~ild_~e ~}~.g~~.g~_~~ - The Tentative Map, Site Plan Architectural Review Committee and Zoning regulations are powerful tools that can provide the opportunity to obtain the desired construction amenities . - There should be less redundancy in the growth management/planning/.zoning process so that projects are not subject to redesign after the initial one. - The City's standards should be articulated sufficiently so that prospective developers would be close to the desired level of design . at the~.earliest stages of application to the City. - The philosophy of the Planned Unit Development being the vehicle for developer innovation has not resulted in achieving that goal. - The definitions of the planning terms needs to be developed with care; i.e., defining 'diversity' and/or 'parameter'. - This is an opportunity for the building industry to pool their resources throughout the state to bring innovative subdivision designs into Petaluma. - The Council may wish to go on a year-by-year basis reviewing the subdivisions that have been constructed to make the determinations on desirable design characteristics (over and above the minimum .standards the City desires) . June 15, 1987 V.23 P. 209 - There is a need to allow flexibility of design. `~~-lie=Ge.~eed~.~., l,A „~,;,,~f„1 that~ha~gh~r~xpe~+ar;nna _for a; - ~i~i®i~2-{~ ~o~l;,r~A cons r~~~tiII2',L~o 1~ ^~-,y - Some Councilmembers expressed the desire to eliminate the 'rating board' from the process . Based on the Council's discussion, staff will develop a draft growth control system for Council review in approximately .one month . At 5:00 p.m. the Council recessed for dinner. Reconvene - 7:00 p , m . INVOCATION - The prayer was led by 'Rev. Gary Gard of the First Presbyterian Church. PLEDGE OF ALLEGIANCE -The Pledge was -recited. PUBLIC COMMENT - Cecile Barash 1170 San Rafael Drive urged the Council to do what they can to~ build the proposed sound wall on Lakeville Highway. Warren ~ Potts, Ursula Singleton and Ken Zapcar ~~ ~ expressed. the same sentiment... Tom Gaffey, 201 Webster Street, opposed the proposed Lakeville Assessment District (see minutes page ) . MINUTES The following amendments were made to the .May 18 minutes Page 3 -minutes correction for April~ -page 2 - Councilman Balshaw asked the record reflect Lakeville)/rather than 'Ely and Caulfield' to Lakeville, ~9~ /~age~ County Library deficit -Councilman Sobel noted a couple of the Councilmembers said that might be a source of the funding . Page .ff ~~Path along the creek -revise wordin of last sentence to read, '~' 'he citizens making complaint did not shcA~ up to speak and it was agreed to ask the Police Department to keep track of. the complaints. Page(9~~~Reso. 87-147 NCS -The Council clarified the last sentence, "It as the Council's consensus that there should be one major PG&E branch ~oing into the area Qf the Lucchesi Community Center and then branching off as needed rather than tearing . up .the entire parking lot . " Page 10 - School traffic problems status report - Councilman Sobel noted - ~here~~needs to be a greater emphasis put on the questions of liability for clarification of the record because it was one ~ of the prime questions and not an afterthought. M' utes of June 1, 1987 age 2 - Library Commission - revise 5th line before the vote to read, "Dorothy Bertucc was selected by the following vote : AYES ... " age 3 - School Traffic Agreement - Councilman Balshaw asked if the ~etaluma School District has been advised of the Council's action with the Old Adobe School District ~ag~~4 -' Parkland Fees - correct fair market value for park land in Line 4 from $50.00 per acre to $5q 000.00 per acre. Page~(g~= Surplus Parking Meters - Add the following in Line 4, ..that /the 497 Parking Meters... Also add, "The price with key will be $20." V. 23 P.. 210 June 15, 1987 CONSENT CALENDAR The following Ri~tems from the Consent Calendar were approved by 'the: adoption of . a single motion which was .introduced by Lynn Woolsey and seconded: by Vice Mayor Larry Tencer. AYES: Davis, Sobel, Woolsey, Cavanagh, ,B,alshaw; Vice Mayor Tencer, Mayor Hilligoss NOES : None..- _. :. :.. ... ~ . ~ _ ., ABSENT: None . RESO. 87-160 NCS CLAIMS AND BILLS RESO. 8?-161 NCS - GROWTH.C:ON,TRDL CONSULTANT _ _ Reso. 87-161 NCS assigning the Growth Management system update consultant contract from Knox & Associates to Narrcy Alexander. ~ ~ . . RESO: ,8.7-162 NCS : ~ _:. . , LIBRARY, :COMMISSION APPOINTMENT . Reso.. 87-162 NCS appointing Dorothy Bertucci . ;to the Sonoma ~, County Library Commission for a 4--year term, to .expire in 1991. - . RESO. 87-163. NCS _ ' . CONSENT TO COMMON ..USE. _ Reso. . 87-163 NCS approving Consent to Common Use Agreement with PG & E for easement in Spring Meadows Unit V . • RESO. :87-164 NCS - CONSENT TO COMMON: USE - .. ~ ~~ . Reso. . 87-1.64. .NCS _~: approving .Consent. to' Common Use Agreement ;with PG & . E fo`r . easement in Skypark Estates .Subdivision. ~ _ . RESO . 87-165 NCS , , , ~ ' RINGING OF THE BELLS , . .: Reso. 87-165 NCS proclaiming ,Jury 4 at 11.:00 a.m. the day and time to ring bells for 4,minutes to remember and celebrate the Declaration of .Independence. . RESO. 87-166 NCS ~:~ ~SPRTNG- MEADOWS V ... Reso. 87-166 N.CS approving the final map for .Spring Meadows Unit V . ~ _ - * * * End of Consent Calendar * ~` June 15, 1987 V.23 P. 211 STREET NAME CHANGE The" requested action changing the street name of Phillips Avenue in Mountain View Estates • to Canyon- Court was continued to the next • meeting .' Staff was asked to submit a map showing all of the surrounding area. SAFE HOUSE PROGRAM Police Officer Peggy Swearingen reviewed the youth Safe House Program where there are various homes available to children for shelter should • they need one. Currently one grammar school parents group has 'instituted a Safer House program for its .students and several others are working towards that goal. The Police Department was complimented for its efforts in this regard. ORD~, 16.88 NCS PREZONE AARON AVENUE - 1003 WESTERN.: AVENUE . Adopt Ord. 1688. NCS prezoning the Jonas Annexation (aka Aaron Avenue and Hoag Heifner~) located at 1003 Western Avenue. AYES: Sobel, Woolsey, Balshaw, Vice Mayor Tencer NOES: Davis, Cavanagh, Mayor Hilligoss ,-~ l ABSENT: None +` :r.~ v ~~ -NEIGHBORHOOD/COMMUNITY • PARKS ~•' ~ • ~ ~ The Council discussed the ratio .~, ~ ~ parks. It .was their consensus 'a., ~ '.• overall ration - of neighborhood : cor • flexible . . ~~G~`~ ~~~ of (neighborhood parks to community to rnain~tain the policy of having an nrnunity parks at 60:40, but to remain a .t LAFFERTY RANCH LEASE -. BETTMAN The City Council discussed the possibility of placing • the Lafferty Ranch (watershed on -Sonoma Mountain which was part of the purchase of the Water Department from the California Water Company) into Williamson Act agricultural preserve status . The Council asked for a report on the annual public usage of the property. The subject of. public use and Williamson Act status was referred to the Recreation, Music and Parks Commission for review and a report to the City Council.in~_90 days. ELY BLVD , NORTH AT VILLAGE MEADOWS ROAD WIDENING PROPERTY ACQUISITION • an'd ELY BLVD. MEDIAN WIDTH AND BRIDGE The requirement of the developer of Village Meadows to..widen Ely Blvd. _ North . is ~_the basis for thin f agenda item. McBal Company, the developer, has encountered difficulties in negotiating with two property owners in their effort to obtain right-of-way for the required road widening and City assistance has been requested. V. 23 ,P. 212 ~ ~ June 15, 1987 q , ~ ~~, (~' /0 ELY BLVD, contd. 1 .. _ ; It.was_.Council consensus that the folio ng roadway.measurernents. should be used for. `construction of Ely Blvd. orth: 6-:foot sidewalk, 6-foot bicycle lane., ~~ 12-foot travel lane',, a 12-foot landscaped median, and .2'-e•. 12-foot travel lane. a 6-foot bicycle path, and 6-foot sidewalk. ~ ~,,y LYNCH- :GREEK BOX CULVERT/ ~' ~ ~ c~'~ pw BRIDGEi PAYBACK AREA ,. ~ , , • It_.was, Council consensus, toy reduce the. proposed .payback.area _to -include all development from Washington Street .through the Cader~ property. RIGHT-OF-WAY ACQUISITION The City Manager suggested that the Council allow the property owners to reach agreement among themselves. If there is no such agreement by June 30 , the City .could .then .commence ..eminent domain proceedings'.. It was Council consensus to proceed..as suggested: by the City Manager.. The matter will be _heard on ;July, 6, :. The City Attorney was directed. to notice the public hearing for July .6._.. ~ , . . ~. RESO. 87-167 NCS CASA_ DEL ORO LANDSCAPE ASSESSMENT DISTRICT' The public hearing was opened.. There was no one wishing to speak; the hearing was closed. Staff noted the..hearing was advertised, and posted in accordance with bond counsel's instructions. The first 'year's annual assessment will be $65.00. The second year ..assessment is. expected to: be•~lower than x$6,5:-00.. Reso. .8.7-16a NCS overruling protests and ordering the improvements and confirming the diagram and assessment for Casa del Oro Landscaping Assessment District Section I for the 198?-88 Fiscal Year. Introduced by John Balshaw, secon_d_ed. by Michael Davis.. • . ., , AYES:: Davis, ,Sobel, Woolsey,, Cavanagh; Balshaw, Vice: Mayor Tencer, Mayor Hilligoss NOES : None ABSENT : ~ None • -. ~. RECESS ~ 8:3.0 to~.8:40 p.m. ... ~ .. LAKEVILLE HIGHWAY ASSESSMENT DISTRICT . , .. Brian Sobel noted he is employed by a business which owns land .within the proposed district and he left the dais for the duration of the discussion on the assessment district. Mayor Hilligoss noted that ,she owned property in the. district; however, it .was sold in November of 1985. The~:City Attorney ;has advised her she. has. no conflict of. inter,est.:in the matter.- - s . -; ~ . ~~ June. 15, 1987 V.23 P. 213 LAKEVILLE HIGHWAY ASSESSMENT DISTRICT contd. City .Engineer Tom Hargis opened. the proceedings for staff . The City has been :attempting to ensure . the orderly development along the Lakeville Highway corridor 'since the late 1960's . At that time the City was attempting to obtain CALTRANS involvement in .establishing a plan line for the highway. The City has continued their attempts to have CALTRANS participate financially in Lakeville Highway (State Route 116) widening.. Bond Counsel Robert Brunsell of Sturgis, Ness, Brunsell & Sperry, advised the Council that as of. about 5:00 p.m. this date, eighty percent (80$) . of .the property owners by acreage have turned in protest letters and there are a couple of • letters in support of construction of the sound wall on.the residential side of Lakeville Highway. Because of the fact of the majority protest, the City Council has the following options: (1) to abandon the proceedings, ,(2) to-continue the hearing with the hope that a sufficient number of protests are withdrawn to allow the district to be formed,,. or (3) to overrule the protests (requires the affirmative vote of 6 Cou~ncilmembers) . To close the hearing. would be the same as abandoning the process. .Mr. Brunsell • went on to say there has been an informal meeting with the . property owners to discuss the proposed assessment district. . City Manager John .Scharer advised that the proposed Muirwoods Golf Course on Frates Road and the proposed Marina are not in the proposed assessment district but they will be required to participate in the cost of the project. Hearing .:Opened The following ~ is: a listing of the ~•names of persons who spoke and. a summary of their comments -Randy Kenworthy, Santa Rosa attorney representing a group of the property owners. There is agreement with .the need for the improvements,. b:ut.. there is a feeling .that some of the. improvements are disproportionate allocation of the economic burden. There are basically two problems with -the project, items that are redundant and unnecessary and. cost .spread should cover :more area. - Greg Freitas, Urban Planning Associates, ~ retained by the same .. •~,, proper:ty owners as the previous speaker. ~He referred to the Average Daily Traffic (ADT) that would be generated: by the.properties in the a....,r district as compared to the commuters and as compared to the existing .. and .proposed subdivisions. Hey. estimated at. build-out, the businesses • .. . ~ .. within the proposed boundaries of the assessment district ~ would generate ~' 370 of .the Average Daily Traffic on Lakeville Highway. The estimate for traffic generation .from the. North .:(Casa del Oro, Lakeville Square Apartments and surroundings) amounts to 240 of the ADT. The ~~:°.~- suggested. additional lands would. include the area. around Royal Tallow, Santa Fe Pomeroy and the Marina site:. V. 23 P. 214 June. 15, 1987 -Jim ..Keegan of Keegan and -Coppin., developers of Oakrnead .Nor.thbay Industrial Park.. He noted there. was rio requirement . to~._par.ticipate to participate in the' Assessment: District=..' .-.They • protest. ~ :the manner in which -the_.district is .proposed .to be for.•med., the cost level, and they feel ~ that the 'district is .not a fair benefit district because ,there have been.projects- that. averse not .included in the . dis rict which have impacted Lakeville Highway. They would like to sit down with representatives of the City of Petaluma and would like to have an opportunity to ,put pressure on the State :Legislators' to ..put; pressure on. for State funding and. would. like .to explore all alternatives . -Walter Williams, Blank Road, property owner on .Haywood. He doesn't w-ant to . be. part .of the ~dis;trict because theyhave no property fronting on. Lakeville Highway..i.Hs proposed. neighborhood shopping -center will note generate: traffic-:fromLakeville, but •r.ather• the traffic will. come from the:. existing neighborhoods to the.. east:. _ . : George,: Hedrick,. property. • !manager of . U-Haul. They ~ ~ar,e. not against the. distri'ct~ in principle, but feel .since they .have 'already :donated 40 feet~~of highway width in anticipation of the• highway widening project. He read the company's letter of protest which 'indicates they feel. the district .cost is unfair and discriminatory and .not. based on user benefit. They would be 'pleased to participate in anew study' .. -Al Coppin of Keegan and Coppin said they would 'really like; to work -- with: the .City:tto • work out a less •costly improvement that• is !rriore fairly assessed. He • referred to. a .study. done ~ for Keegan and Coppin (and others) by' ahe .the Santa Rosa engineering :form of Wnzler :and 'Kelly. They .feel the sound wall cost estimate is high and referred. to the State of Cali--fornia Department of Transportation requirement that they inspect the improvements at an inspection fee of several:h~ndred thousand dollars (even though the -State is nof~ participating in funding the project) . It is his estimate the cost of 'the project could •be .reduced by $L Million and. that an assessment of $; 20/foot would be palatable. He also stated they 'should. receive credit for their .recent improvements to the widening- of the hig,h'way along side Oakmead Northbay Industrial Park. He urged the Council to keep thehearing open to allow time, for them to work with the City . in: a _ further attempt to . ge.t • the. 'State to participate in the project, to .revise the proposed b,oundaries,, and to reduce costs .in. order to get the :job .done. ~ • -Jim Ford,. Motorola/Tegal, requested the Council .keep the .hearing. open, in .order to allow time to ~ develop an acceptable project. -Van Logan:, .representing the: 37. acre- Frates parcel as well as the Duffel •~ Muirwood's .Golf Course:. and s:ubdivisiorn. ~ He~ noted. .the . 37 acres. are zoned "Study" and asked how a fair. assessment• could be developed .for land ,when, the ultimate •use i~s not known. He suggested they be required to participate when the ultimate use is. fact. . . -Bruce Madder; Harcourt,..,Brace, .Joyanovich~. His land department has not: .had time to review the• proposal. He suggests there is. a possibility of other sources of revenues, . and the hearing ~s'hould be .left ope.nin ~' order to investigate that possibility. He asked if we are buying a. 'Cadillac.' when a 'Honda' will do. . - . 7urie 15, 1987 V.23 P. 215 _ -Matt Hudson, Petaluma attorney representing. Lakeville Associates, who _ own property on a' -curve of the `highway. 'The proposed widening would ._. _ . ~~ cause their 5.39 . acre parcel to be reduced to 3.39 acres. The }•r::••, ~ assessment spread treated this. parcel as commercial when it is going to ai:i •:= be used for a parking lot. He also spoke in support of keeping the . protest hearing open. ~.;~~.-Del Wilkensen, business ~ at Lakeville Highway and Casa Grande Road. - ~ ;:. _. He ~ echoed the sentiments of the U-Haul representative as his ` f .. •. mini-s orage project. was also required to .dedicate land for the highway -- '.. •~ widening and they are entitled to reimbursement for that. He would ~; ~: , .. ~ support an assessment district in which all people in the area of Lakeville Highway would participate in the costs. He said his assessment is two and one-half times that of the other assessments and that is not equitable . - -David Budde, representing Edna Cader Budde, owner of the undeveloped lands adjacent to Oakmead-Northbay .Industrial Park. His comments echoed those earlier persons who suggested the district could be spread farther, reduced in cost and supported keeping the hearing open to allow an opportunity to develop a more acceptable district. ~ ~ .. , -Rip :Stern, Sola Optical. They would be willing to participate in a f a i_ r ~ ~•.~ -district ` if Sola feels the district is fair and equitable . ' The Council agreed that. they. have heard valid points regarding the proposed assessment district.' It was suggested this be referred to the Council's Major Facilities Subcommittee to sit down with the representatives of the property owners to look at the cost spread, to look at the inclusion of some additional properties and to look at the points made at the hearing . It was Council consensus. the .City and representatives of the protesting property owners will meet prior to the 'July 6 :Council meeting. .Staff was asked to look at dual assessments, one for the sound wall, and the .other for the roadway improvements. The hearing was continued to July 6. Recess - 10:30 to 10:40 RESO. 87-168 NCS METCALF APPEAL DENIED Planning Director Warren Salmons reviewed the proposal for a conditional use permit to erect a 4,.0.0.0 square foot machine .shop at 501 Second _: Street. The Planning Commission denied. the request .on May 12. The - ~~ same application had been denied by she Planning Commission in 1977 and again in 1982. The City Council upheld the applicant's 1982 appeal and the project was approved by SPARC . The time on these approvals has expired. The hearing was opened. Attorney Matthew Hudson spoke on behalf of IV1r. Metcalf. Both the applicant and the neighboring residents showed slides of the area to support their opposing desires. Mr. :.Hudson submitted a~: petition with 22.~ signatures voicing support of the Metcalf project. There. also were letters from Casa Grande Motel, Benny Friedman and Mr. Neditch. Mr. Hudson advised that the. only noise emanating from the business is the compressor. which would be shielded to reduce the sound. The Council heard that there would be little traffic generated by the business and delivery trucks are mostly United Parcel vehicles. V. 23_.P..216 June 15, 1987 METCALF APPEAL CONTD. The .neighboring residents .based their opposition on their view .that. •ahe neighborhood has . historio value and the. height of the ,proposed machine shop would be. obtrusive .. . Spokespersons for the neighbor.-hood ' we're; Leslie; .Salmon,• John Sant, James Hamilton, Willamina Curtis and Phyllis Rankin.. The hearing was closed.-Reso. 87-168 NC5 denying ~ Mr. Metcalf's appeal and upholding- .the a'etion of th.e .Planning. Commission to deny..the ..use ..permit for a :machine shop because it would have to: 'be on. fill (flood _ plain, requirement) ,' the. narrow -side yard •,(3 feet) , ,the. lot 'is non-conforming, incompatibility with -the surrounding neighborhood' as well.. as the..findings made by the. Planning. Commission. Intr-oduced' by John. Balshaw,. seconded. by Lynn W,oolsey... ,., . .AYES:. Davis,,..Sobel, Woolsey, Balshaw, Vice Mayor Tencer, Mayor Hilligoss NOES: Cavanagh _ ABSENT: None- ~ _ ... RESO. 87-16;9 .NCS NO PARKING-LAKEVILLE HIGH~W,AY , . ~ _ ., ..Reso.. 87-1'69 NC;S 'restricting parking on Lakeville Highway 3,00 'feet on. each side of Petroleum Avenue. Introduced ,by John_Balsh'aw,. s'econd~ed by Lynn Woolsey. AYES.: Davis, Sobel,. Woolsey., Cavanagh.,. Balsrraw, r , .. ~ Vice Mayor Tencer, ..Mayor Hilligoss ~ . .. N'OES.:. None _ , _ .. ' ABSENT: :,None RESO. 87-170 NCS BIOFILTER PIPE CONTRACT . , .Reso. 87-170 NCS awarding biofilter pipe, contract (r,eplacing a•.~19;3'8 pipe. installation) to John Bernward . of Glenn Ellen $21, 375. . Introduced by Michael Davis, seconded by Brian Sobel. AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Hilligoss - _~~ NOES : None ABSENT: None ~.. ;...: RESO. ~ 87-171 NCS . , . ~. EXCESS WORKERS COMPENSATION INSURANCE Reso. .8:7-171.. NCS authorizing. _joint. purchase of excess.. ,Wor.ker.'s Compensation Insurance with.. the California. Joint Powers Insurance Authority . -and - . RESO. 87-172 NCS .. _. .. - PROPERTY :INSURANGE,,PURCHASE, . , ., . Reso.. 87-172 .NCS authorizing, joint purchase of .proper.ty .insurance with the California Joint Powers .Insurance .Authority.. Introduced by Vice Mayor Tencer,, seconded .by Lynn Woolsey. _ . AYES : Davis., Sobel, Woolsey, . Cavanaghy Balshaw, Vice .Mayor Tencer, .Mayor .Hilligoss .. .. NOES: None ., ~ •. ABSENT: None ... .. ,., 1 1 1 June 15, 1987 V.,23 P. 217 REMAINDER OF AGENDA Due to the lateness of. the hour,, •the remainder of the agenda was continued to June 29. ADJOURN, At Midnight, the meeting was adjourned to 3:00 p.m., Monday, June 22. M . atricia Hilligoss Mayo ATTEST: .J .~2 _: atricia ernard City Clerk r 1