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HomeMy WebLinkAboutCity Council Minutes 07/06/1987V. 23 P.. 230 7uly 6, 1987 MINUTES OF A REGULAR MEETING OF -THE' -P~E~TAL• UMA CITY COUNCIL .MONDAY, JULY 6, 1987 ROLL: 7:00 P.M. PRESENT: Davis, Sobel., Woolsey, Cavanagh, Balshaw, Vice Mayor Tenter, Mayor Hilligoss ABSENT: None The Invocation was led by James Zirkle, St. Johns Lutheran Church. Recreation Director Jim Raymond, led the Pledge of Allegiance. ~NUTES *The minutes of June 1, page 4 line 4, should be corrected to .read from 50.00 per acre to $50,000 per acre. Page 211, of the minutes, under Neighborhood Community Parks add ' expenditures" in the first line so the first line should read - "The Council discussed the ratio of expenditures for neighborhood parks to community parks . " Pa e 212 of the minutes, Ely Boulevard, third line, the description of the avel lane should be amended to read as follows: A six foot sidewal__k_,pp~~,,~~one six foot bicycle lane, one 10 foot travel lane, one 12 foot travel lane. ~0 12 foot landscaped median, a 12 foot travel lane and a 10 foot travel lane then a 6 foot bicycle lane and a 6 foot sidewalk. *The minutes of June 8, 1987, were corrected as follows: Pa e 206, Volume 23 of the minutes, third paragraph down, the sentence uld read "there was some discussion about the possibility of a (delete) ~~~~~~//////creative borrowing (insert) opportune borrowing of funds from ............" * e June 15, 1987, minutes were amended as follows: Page 208, Volume 23' f the minutes, note that Councilman Cavanagh arrived 45 minutes late for the 3:/00 p.m. meeting. - ~YJnder Growth Management Systems Revisions - delete the first comment, "It -~/// was the Council's consensus that the competitive portion of this system should be dropped." age 209, second sentence which says the 'Council needs to be mindful that higher expectations for subdivision design may preclude construction of low i come housing' , should be deleted . Page 6, minute corrections, path along the creek, change shoe to show. -~ ~"'July 6, 1987 Public Comment Lee Stapleton, 209 Sunnyslope Assessment District. ~ Referring to the item on extra territorial jurisdiction to the County Assessment District, he wanted to know if his City limits would be affected by that resolution. `-V. -23'P. "231 commented on the Sunnyslope the Consent Calendar granting of Sonoma to process the property which ~ is inside the The answer was yes . A group representing the Baha'i Faith presented a booklet to the City Council. A resident from the St . Francis - San Rafael Drive area addressed the Council regarding the parking of trucks on Lakeville Highway. City Council Comments Councilman Sobel ~ noted he had observed a truck parked in the red zone on Lakeville Highway near its intersection with Casa `Grande ~ Road and asked that the : police watch -the area closely . He also commended the Pe taluma Police Department for their work on a murder case and. asked that a commendation system be developed to be used in this type of situation . Michael Davis noted that in connection with the North McDowell Assessment District area, he observed Cou~rity ~peopile doing extensive work just north of the railroad tracks and asked that staff tell the County of the Cities intent regarding the North McDowell Assessment District. Lynn Woolsey commented that the camera should pan the Council so the people watching television could determine whether or not the Council is paying attention to the .speakers. SELECTION OF VICE MAYOR It was moved by Michael Davis and seconded . by John Balshaw to nominate .Lynn Woolsey for Vice Mayor. The nominations .were closed and the vote was unanimous. ~. , Seating from west to east: Brian Sobel, John Balshaw, Jack Cavanagh, Vice Mayor Woolsey, Mayor Hilligoss, Michael Davis, Larry Tencer, City Manager John Scharer. ~CITY..COUNCIL L- IAISON ASSIGNMENTS -~.:~, ..:Mayor Hilligoss made the following liaison. assignments. Brian Sobel - Planning Commission, Larry Tencer - Recreation, Music, & Parks Commission, Michael Davis - Traffic Committee, John Balshaw - Airport ' Commission, Jack Cavanagh -Sonoma County Library Commission. Larry Tencer asked the Mayor if he could be relieved of the liaison assignment to the Recreation Commission since he is a member of the 101 Corridor Committee and the meeting days conflict. Vice Mayor Woolsey agreed to sit on the Recreation Commission until the 101 Corridor Committee. is dissolved. V. 23 'P. 232 July 6, 1987 CONSENT 'CALENDAR The following. items from th.e Consent approved by the adoption of a single motion introduced by seconded by Michael Davis . , . AYES:. Sobel; Balshaw, • Cavanagh., Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT :. None RESO. 87-185 NCS CLAIMS .AND BILLS RESO. 87-186 NCS ORDERING ANNEXATION 87-2 KING/ADAMS Reso. 87-186 N,CS ..making ,application to property designated as Annexation No. Annexation is located at 1328 and 1400 numbers on~ Adams Lane - 10, 25, 30, 40, approximately 7.31 acres . Galend'ar, ;were Larry 'I`eneer, Y=, . . _, i .- ~. LAFCO for Annexation.. of 8:~-2 (King/Ad'ams)., y.'The I Street .and the fol~Towing 50, and 65 and encompasses RESO,- 87-187 NCS DENYING APPLICATION =LATE CLAIM ~ • .-~~; Reso. 8'.7-18:7 NCS denying application' fore leave ~to present late claim .from Benito Chavez. RESO , 87-188 NCS SIDEWALK SALES ~~ .~. ~ ,::a , Reso. 87-188 NCS consenting to Sidewalk Sales to be held on July .30, 31 and August 1, 1987 by the Downtown Merchants Association. . .. - S .: RESO. 87-189 NCS MANAGEMENT SA-LARY Reso. 87-189 NCS establishing salary and suppaemental wage benefits- for Management Employees,. Units 8 & `9. a ORD. 1b91 NCS TRANSIENT OCCUPANCY TAX Ord.. 1691 NCS introduce ordinance amending Chapter 4.24.030: of` the Municipal Code to increase the . ~ Transient Occupancy percentage ~ gate from 7o to 80.~ ~ , * * *,.*...* END OF CONSENT CALENDAR * * * * * ,.. r J 1 July 6, 1987 V. 23 P. 233 RESO. 87-190 NCS ORDERING ANNEXATION 8.7-1 REDWOOD BUSINESS PARK PHASE II 87-190 NCS making application to LAFCO for Annexation of property designated as Annexation No. 87-1 (Redwood Business Park Phase II) . This was removed from the Consent Calendar so that Vice Mayor Woolsey could abstain. -~ Introduced by Councilman Cavanagh, seconded by Larry Tencer AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Mayor Hilligoss •.~~;;~~ ~ NOES: None ABSENT/ABSTAIN: Vice Mayor Woolsey RESO. 87-191 NCS SUNNYSLOPE ASSESSMENT DISTRICT This was removed from the Consent Calendar so that the Council could • . make some comments and ask some questions on the proposed district . •r" The Council°;•was concerned about Suncrest Hill 'Drive which is not included in 'the proposed Assessment District. ' -SUNNYSLOPE- ASSESSMENT DISTRICT=SU.NCREST HILL DRIVE • .- The • Council discussed the Exhibit A to the Resolution of Jurisdiction . -- This refers to a description of the project but does not included the Council's desire to have alternative designs on Sunnyslope Road.. Mr. Stapleton (Public Comment)' again spoke to the fact that he lives within the City limits and felt it was unfair that he should have to participate in the cost of an assessment district. The Council asked if Sunnyslope -Avenue was -going to be- wide enough to include a bike path. "., ' ~ Planning .Director Warren Salmons advised. that County Public Works Director Don Head will show the Council some alternatives for the cross section of Sunnyslope Avenue and Sunnyslope Road prior to the time they are designed . City Manager John Scharer, suggested the County consider- holding a hearing in the Petaluma area, and he will contact Supervisor Harberson .accordingly. Reso. &7-191 NCS granting jurisdiction. Sunnyslope Assessment District - Sonoma County. This resolution authorizes the County of Sonoma to assume jurisdiction for processing the Sunnyslope Assessment District. The• resolution was introduced by John Balshaw, seconded .by Brian Sobel. AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey.; Mayor Hilligoss NOES.: None ' ABSENT• None V. 23 P.. 234 July 6, 1987 A Motion was made suggesting amendment to proposed Sunnyslope Assessment District to include Sunarest Hill Drive. _. - Introduced by Vice Mayor Woolsey,. seconded by Brian Sobel ~ ~ . AYES: Sober, Balshaw, Cavanagh, Davis., Tenter, .. ~ ' Vice Mayor Woolsey; .Mayor.. Hillgoss NOES: None ABSENT : None Both of the Resolution and Motion will be forwarded to the ~ County .for- their consideration and action. ,. _ .. LAKEVILLE HIGHWAY ASSESSMENT DISTRICT _ ' "i,=: CONTINUED FROM JUNE 16, L987.. .. ~ .~ , • ~~ Brian. Sobel stepped away from .the .Council. dais because. of; a pos"sible` conflict . of interest since he. ,is ;employed by a: ,:property owner iii the proposed district. The. City Manager. made. the following report: Since June. 1'S, 1987 staff has.met,..with representatives of. several of. the _proper.ties~.;iricluded.. in •the. prop'osed~ .assessment . district to explore: a strategy that would result in.. the acceptance. of a. district to. eon~struct the soundwall now the preliminary cost.-estimate is $1,260.,000,.0.0, and to defer the widening of Lakeville Highway to accommodate the input and assistance. from the landowners to .construct the soundwall.. The owners of.. the properties .represented at the. rneetrrg agreed to withdraw,itheir'protest-.>subject to_,the following .conditions: ~~~: .~t•:~ °The amount of the soundwall construction .assessment to be spread shall not. exceed $.932, 76Z (the. low bid' + 5 o contingencies) ; °The City will work with the property owners • located within ;the proposed boundary of the assessment district .to: form, a new and expanded district and to reduce ithe scope of the widening project; °Traffic impact fees from' areas outside of the present •district .will be considered;; . ~ ~ ' °Cornmunty facilities fees collected from the Lakeville. area will be assigned to the widening; and °Those-paying assessments will. be exoluded from noise . or traffic impact fees . He concluded ahat there, is a re:al_.effort' on the part of. the property owners to achieve something that everyone can live with. The public hearing w:as .continued to thus date,. The Mayor accepted additional testimony in connection .with the public hearing . . 1 July 6, .1987 V. 23 P. 235 . --- Walter Williams, 5156 Blank Road sand owner of property located at Baywood Drive and Lakeville Highway, opposed being assessed for the soundwall and for the widening of Lakeville Highway, stating that customers will come 'to ~ his property via Baywood Drive rather • ~ ~ "than via Lakeville Highway. --- Jim Keegan of Keegan-Coppin Realtors, asked the Council to relieve . persons in the assessment district from traffic fees if the Council determines they should be levied.. --- Ken Zabkar, 1166 San Rafael Drive asked to speak. The Council wished. to hear only from persons who are property owners in the .. ..,. assessment area boundary. ~ . ~. .~. ~. --- Van Logan,. representing the Frates properties at the corner of Frates Road and Lakeville Highway, expressed his feelings that this particular property, which is in a Study Zone, should have zero (0) assessment at this time and when the use and zoning of the .. property is •:determined~;J~.to determine the~~amount of assessment. --- Lucy Webb, representing Petaluma Poultry Processors and the Santa ,; Rosa. Jewish Community- Center, said her clients are willing to condition their withdrawal of protests. --- Chris Christensen, representing D & M Properties located at the intersection of Casa Grande Road and Lakeville Highway, noted that they cannot exceed a 25~-per-square-foot assessment and remain solvent. Also, he asked the Council to consider crediting people -c . who have already participated in the. widening of~ Lakeville Highway ' by granting property. --- Patricia Peck, owner of property at 5 Casa Grande Road, said there . is "disparity of interest and conflict of interest in that the developers need the district but the small owners like herself have no benefit from building of the -soundwall," and she asked that .those.. who .owned property and businesses there prior to the construction of houses across Lakeville Highway, to be exempt from building the soundwall. The Council continued their discussion of the Lakeville Assessment District and agreed they all should continue to work with CAL TRANS to minimize the cost and continue to work with the property owners to have a viable project.. The hearing. was continued to ~ July 13, 1987. Recess from 8:35 to 8:45 p . m . V. 23 P.. 236 July 6, , •1987 U-HAUL APPEAL U-Haul appealed the Planning Commissions conditions of approval as follows : • "Condition #1 Request that- U-Haul's front parking lo.t, set-back be -no further back than. that 'of .the. _ adjacent Lakeville'' 'Mini. Storage (to the east);. on ,, . Condition #7. :U-Haul should. not bear. the-,.cost of the .night-of-way ; acquisition for - the .street. imp=rovements.. to the small properties on Petroleum Avenue; and on Condition #8 The payback agreement• mentioned in this•condition -should be mandatory and . -..structured , so . ••that U-Haul is guaranteed such paybacks . The Language " ....may wish . to petition..." provides no assurance •of our return of money spent for the benefit of ol:hers." • Gene Rhodes; •Attorney for U-Haul addressed the Council. , .• It w_,as -moved • by Larry Tenter, seconded by Vice- Mayor Woolsey that. the landscape setback - be required and that it i=nclude a 50 foot land,'scape strip;.,between Lakeville, Highway and the par-king . area..•:.The pad's for placement ~ of machinery. for display shall. be on the inner ,25 feet of the landscape area. . _ i .. . . ... . .. . ... AYES: Sobel, Balshaw, Cavanagh, Davis, Tenter, . Vice- .Mayor Woolsey, .Mayor Hilligoss NOES: None ~ • ABSENT: None (As ~par;t of~. than landscape. setback the Counci.l~ required. ~a~ decelera=tion lane, a minimum of 12 feet from Petroleum t:o the Lakeville Hgfiway ingress. ) It was moved by ~ Larry T.encer and . .seconded by Viee_ .Mayor Woolsey to .deny theC appeal .for the .right-,of-way acquisition since the .applicant had withdrawn that' appeal ,having learned ~ bha# it amounted to. a si=x .inch strip on Petroleum . .Avenue; and Council. authorized. • '.the. payback agreement for f,uture.improvements. .. _ . ._.. AYES: Sobel, Balshaw, Cavanagh, Davis, Tenter, Vice Mayor Woolsey, Mayor Hilligoss NOES: ..:None. . , ,.... • . - ~i ABSENT: ~ .None • Staff will come back at a subsequent meeting with a resolution outlining the details of the Council's approval and with an agreement for financial participation in the future widening of Lakeville Highway. 1 July 6, 198? V. 23 P. 237 RESO. 87-192 NCS STEVENS BUILDING/.SOUTH POINT ~ . Reso. 87-192 NCS the Council considered the appeal received from Richard Lieb regarding the Planning Commission tie vote which failed to grant the appeal to allow the sign and logo. After some'`discussi'on it was moved by Michael Davis, seconded by Larry Tencer to uphold the appeal on the sign and the logo. . AYES: Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES : Sobel, Balshaw ABSENT: None The "no" votes reflect the concern this is a precedent setting action which is not in agreement with the City's sign regulations . RESO. 87-193 NCS FOWLER. SUBDIVISION Reso. 87-193 NCS authorizing issuance of a Mitigated Negative Declaration pursuant to California. Environmental Quality Act for the creation of the Fowler Court Subdivision located. at 760 Bodega Avenue (North side of Bodega between Ruth Court and N. Webster Street and Bodega intersection.) (A.P. No. 006-480-21) • ~ Introduced by Councilman Cavanagh, seconded by Michael Davis AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss - NOES : • .None ,~? ABSENT: .None RESO. 87-194 NCS FOWLER SUBDIVISION -TENTATIVE MAP The persons speaking on this: subject ~ were a gentlemen living at 820 Ruth Court who did not object to the proposal; Mr. Patton, 507 Larch, who suggested that the proposed temporary road would not be temporary; and the applicant, Mrs. Fowler. After some discussion the Resolution 87=1.94 NCS approving the Tentative Map for the Fowler property, a 4 lot residential subdivision located at 760 Bodega Avenue was introduced by Vice Mayor Woolsey, seconded by Jack Cavanagh ~. AYES.:. ~ Sobel, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, NOES :, . ~ Balshaw, Mayor Hilligoss ABSENT: None V. 23 P. 238 .. ,July 6, 1987 SPRING MEADOWS UNIT NO . 5 ~? ~ . LANDSCAPE- MAINTENANCE ASSESSMENT DISTRICT NO. 3 . ~;~::'~: . ~r ~. RESO. 87-195 NCS INITIATING PROCEEDINGS , RESO. 87-196 NCS APPROVING ,AGREEMENT; FOR ENGINEERING SERVICES RESO. 87-197 NCS APPROVING AGREEMENT FOR' LEGAL SERVICES RESO. 87-198 NCS ORDERING, IMPROVEMENT - _ The foregoing. resolutions were introduced by Jaclc Cavanagh..:,. seeorid'ed' by. Brian Sobel. .. _ ~ ~ - AYES: Sobel.,; Balshaw, Cavanagh, Davis, Tencer, . .Vice Mayor Woolsey, Mayor Hillgoss NOES : None - , ABSENT : None ,... RESO. 87-199 NCS APPROVING BUILDING DIVISION FEES - 90 DAYS Reso. 87-199 NCS adopting a schedule for computing Permit Fees and Building Valuation Data and repealing conflicting resolutions for an interim period of 90 days . Introduced by Brian Sobel, seconded by Michael Davis . . . AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, _ Vice Mayor Woolsey,. Mayor Hilligoss NOES : None ABSENT: None Staff was asked to come back 'prior to the ~ expiration of ..90 days with a proposed fee schedule which will take these 1985 rates, incorpprat"e the Consumer Price„Index . or.. other criteria to .bring th.e b:uildirng permit fees up to 198:2 numbers. ~ ~ ' 1 LAND DEDICATION The Cray Attorney's report on the:. Supreme Court. decision. N,ollan. vs . California Coastal Commission was continued to a later meeting . RESO. 87-200 NCS CORROSION CONTROL STUDY Reso. 87-200 NCS authorizing -contract .for corrosion engineering services to Harco Corporation in Hayward for $5, 390.00. Introduced by Larry Tencer, seconded by Jack Cavanagh. AYES: Sobel, .Balshaw, Cavanagh, Davis,. Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOE'S : None ABSENT: None July 6, 1987 V. 23 P. 239 RESO. 87-201 NCS APPOINTING FIRE CHIEF Reso. 87-201 NCS consenting to and approving the appointment of James J. Gibson as Fire Chief effective August 3, 1987. Introduced by Brian Sobel, seconded by Jack Cavanagh AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: None ..,.1 ..~ At 11:00 p . m . the Council meeting recessed to a closed session then adjourned the meeting to July 13, 1987 to continue the budget considerations.