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.