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HomeMy WebLinkAboutMinutes 09/08/1987September 8, 1987 V.. 23:;P. ,2,79 MINUTES OF A REGULAR MEETING OF THE PETALUMA CITY COUNCIL EPTEMB`ER~~8- , I987~ • ~ ~~- ~~ ~ -~ --- -~ --. ROLL,: :_: 3~:'00:•P:M. ..:c,-~ ,-.:~ r :. ' .•i• . ~ .., .. PRESENT: Sobel, Balshaw, Cavanagh, Davis, Tencer,; *Vice Mayor `~~(~•Woolsey, Mayor •~Hilligbss .,:. ~ .. ,~~- .., .. .,, _. .... . . ABSENT: None stn, ;~- ` .- :" "- . -: , ... _... ,., : •i_ , _ _ - _ *Vicei:Mayor~•Woolsey.~ arrived: at 3::~1~5rp.:m.._ ~: ,_.,~. ::, ~ - , ~, . ,MINUTES : .The Minutes of August 17, 1987.:were . amended ~:as follows ,,•. Page 5 - In-Lieu Housing. - Councilmember. Balshaw asked staff to. develop:~a:way.; for. renters to. get first; and_1ast~: month._.:,He :wanted •.to make . r sure. Ghat it: -didn't :end up : one the bottorn~ of: • the: rlist :. ~ ~- .. - .. Page 4 - Just above "Council Comments" - it should read the "Old , Ado~be---Traffic ':Safety_• Committee" ,not just Traffc-.Safety Committee.... V Page 5 -Consent Calendar -Sobel should not be r listed as Absent.. Page 6 - Last line under School Crossing Guards - the word "officially" should be added in before the ,word. !'adopa" .. , ~ - _ ..- ... PUBLIC COMMENT: None .. ~ _ .! _ _ CONSENT CALEN.DARri, .,_ : ~~. .,'~ ~ ~ ~~. - ~ : ~~ •_. _ The _~ following .items were approved b.y; r bhe adoption~of . a single motion which wasp introduced.:by. -Brian Sobel. and seconded 'by Jack .Cavanagh. AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor_.-Woolsey, Mayor Hilligoss NOES NONE , a °i~ .. -. ._ :~-.=i, :_ ~. , __ ., ~ .. _ . r+~ ~ = -----~-~ ABSENT: NONE RESO. 87-264 NCS CLAIMS & BILLS ORD. 1969 NCS KLEBE SUBDIVISION (BODEGA VISTA) Adopting Ordinance No. 1969 NCS rezoning Klebe Subdivision~:.,(:B`od'ega Vista) to PUD. RESO. 87-265 NCS BODEGA VISTA SUBDIVISION - TENTATIVE:MAP...,: -:. , _~ :. i:; -,. Resolution 87-265 NCS approving tentative map for Bodega Vista Subdivision . V. 23 P. 28,0 September 8.; ,1987 ...., RESO.. 87-266: NCS : , ~ .... _ , . - . BODEGA VISTA SUBDIVISION - UNIT DEVELOPMENT PLAN ' . Resolution 87-266 NCS-f approves : ,Unit ..Development Plan for. Bodega Vista Subdivision. , , .. ..RESO. 87,-26.7 NCS „ ., .. ,. ~x.. TRANSPORTATION DEVELOPMENT. ACT .(TDA) FUNDING 'CLAIM TO M~T C. ... . ~ . Reso. 87-267 NCS modifies the '87-'88 Transportation Development Act . ~ { T~DA F:unding.. Claim.. to! : MTC increasing:. local TDA ..allocation to fund ,G.olden;; Gate :Transit services;.lin Sonoma rCounty from. 23 0: to :25$. RESO. 87-268 NCS' .. •.. ~ . AWARD..OF BID FOR HANGA•R~ CONSTRUCTION. PROJECT. .Reso....87-268 NCS awards .the bid for, hangar' .constr.uction project to . ;~:,...:.•.the,.:,lo,w ,bidder - Fostmeir .Construction. Their base bid was $.402, 500.00 plus additional alternatives totaling $424,-500.00. The , Engineers estimate was $471,400.00. "; .... ~RES0.:8,7-269 NCS .. LUCCHESI PARK TREE PLANTING PHASE II . Reso. 87-269 NCS accepts completion of work on the Lucchesi Park ,. Tree .Planting..Phase II. .Redwood Landscaping. Company of Santa. Rosa planted , 238, 15 gallon size trees at $15, 818.00. ~., ,~ * *• * * * END OE. CONSENT CALENDAR _.i REQUEST .FROM THE PE.TALUMA SWIM CLUB ~. c~ Jim. Raymond presented a-,:request..from .the. Petaluma Swim_ Club to keep •-{' the City pool open from September .15 .through the end of the month, September 30 . Petaluma Swim Club traditionally has -used the Petaluma High School: pool .when .the . City pool closes . Due to vandalism, the Petaluma High School pool is not available until the end of the month. Petaluma Swim Club is willing. to• contribu_te $1,250.00 toward the .City's cost of keeping the pool open an extra. two weeks . . The. cost to keep :the .pool„-~op,en ,two .extra~~weeks :is~c~approximately $1,866.00 minus the . $1;:2~5.O.. Q0. from .the .Swim.. Glub leaving. a•.: remaining. balance of $616.00 -,. for the City to cover. .Brian Sobel suggested. that the insurance .company for the High School might be able to foot the $616.00 bill. . ...: Lauren. ,Doyle spoke..up. requesting that .the .City keep the pool open on . the. .weekends .during this time. : He said that he doesn't mind paying . .. more. money . , It ,was moved by Councilmember ,Tencer and . .seconded by -? Gouncilmember Davis to keep the City pool open through the end of September. ,for. the Petaluma Swim Club.. and the lap swimmers . . AYES.: „rSobel,., Balshaw, Cavanagh, .Davis, Tencer, Vice Mayor Woolsey, Mayor. Hilligoss NOES : NONE , ,.., ABSENT: NQNE~.. .. .,. ~ .. September :8,• 1987 • V. ~23` ~P..'281 REQUEST FROM SOUTH POINT SUBDIVISION FOR., PUBLIC ~ IMPROVEMENT AGREEMENT..' : , ., _ . ... _ ~ ~ ; ; . _ . - The City Council granted the request to develop the,. access road and utility extensions to service the Stephens Btiildi'ri'g~ ~• subject to no development of the lots within the proposed South Point Subdivision and Parcel Map 212. The improvements were lim'i'ted . to the access road and .did not include all the streets within the .subdivision.. or .N.o. McDowell Blvd. improvements. The developer, through •his_engirieer, • ~ ~is requesting a modification - to the. approval which. would allow for all •-the~~-public improvementst..to• be constructed and':. still' agree to no development of the subdivision lots.. ..There will "be new :underground storm drain pipes installed with the development and some widening of the channel parallel to Highway 101 which is at the westerly. side of the proposed ..South Point•:Industria~l ,P..ark.~ .Councilmember ,Balshaw was concerned about arrangements being.•~ made. legally ,with _ our City Attorney so that we're not .going to be surprised. at a protest • hearing It .was. "suggested :that the'same. type of .agreement that. was used. in the U-Haul matter be used in:~ this : `"inatter~. ir.Gouncilm'ember ~ Tencer commented that tentative costs were set at between 40~ and 50~ a square foot and that if we just take the difference. in • what_:they'd have to do by their tentatives-'.and then cask them to ~ bond ~ that. ~. • Emil Mogel ~. from •.Mogel• Engineering, spoke ' up ~ a•gainst .putting • up .a bond . Tom Hargis stated that it would make sense to have the traffic signal go in with the development. ''.. s• : t •-~... ~ _ , , Vice Mayor Tencer moved that we require bonding for the cost above and beyond what the frontage improvements of the 'tentative map a require as well as the installation of the traffic signal as part of our approval. Vice Mayor Woolsey seconded this motion. A five-minute break was. requested by. the Developer . in order.' to .'have the discussion. and motion clarified and said break .was granted by,'• the • ~ Mayor : ~ • After. ~ the • •~break ~ Emil ~~ Mogel stated • ~•that 'they°. were • ' going. to .r• -withdraw:~~ their - request•r:•and•:. just.~:go 'wit'h.rcthe agreement" that had already been approved. The. motion waswithdrawn. = .:. . • ' REQU~EST-~F.ROM jMcBAIL CO,:. RE MEADOW : PARKS ~ S:U,BDIVISION.' ~.: ~:. McBail~ ~Co. is ,req~uesting~ modification. of their. tentative map .condition. . ~ Since: 'the proposed ~ assessment ~dstrict•• has ~ been progressing slowly, the developer wishes to proceed with. his subdivision development prior to winter.,..rains. He is proposing _to post bonds to cover his ~tanticipated;~assessment district=costs :if:~allowed to proceed:.~~ This. would . ~ be. to ~ avoid .a situation ~ :as developed'" with .the : Lakeville. • Assessment District when property owners protested -the •proposed:•:'costs.. The tentative. map condition required funding for preliminary engineering to accelerate _ the proposed district.. - .This part of ._the -condition should be r,etained,. He is willing to' post, ~ some~• es.timater of a bond !amount that is the. difference of his participation. in the assessment district. John .. Scharer ~sugg•ested. that the:..Gouneil .has .the. ability.=to forrn•:a. benefit district. We could create a benefit zone oven the lands of 'McBail that would contain the levy of the difference between the two so that that property would have to contribute to the development of: McDowell no matter what form it ultimately takes . If the assessment district is formed the benefit district would be wiped out. It was suggested to have the bond float with the benefit district until the finalization of V. 23 P. 282 "September 8;~~1987 • • ~ the assessment district. Steve Ba:i~ley •with McBail Co. -asked about the accuracy of the 50~ per square foot figure. John Scharer stated that their bond would be for the difference between their frontage improvements and other storm drainage improvements and other things that were calculated in that assessment district. The bonded amount • .'would be' 50~ times x minus •their improvements. It would be more like 15~. This idea of a benefit district must be brought up at a future meeting as an agenda item. The City •Attorney was asked to draft the amendment to the tentative map for the next meeting . Discussion on the benefit district was set for September 14: RESO~. 87--270 NCS MARINA PROJECT . John • Scharer presented 'the -proposed Compromise Title •Settlement .Agreement with the State of California State Lands Commission. . -ear Negotiations + begari• -approximately- l:Z -years ago. This Agreement has been approved by the .Attorney •Gener.al's Office, MOPA, MOPA's '. attorneys, Northwestern Title Security Company and the City Attorney. • ~ .The' Agreementprovides for an exchange of properties between the City ~~i• and 'the S'LC such that •the .City •will own,• after the Agreement, all of the land-. upon •which~ the private portion ~ of the project will be built free from all claims of State ownership . The State will own the remainder of the • • land,- -where the Marina and boat 'launching facility will be located, and - ~ wi•Il,-long-term lease the' land Ito the.City. Councilmember- Balshaw moved that we approve this Agreement ~as• requested. Councilmember Davis seconded this motion. AYES: Sobel, Balshaw; Cavanagh; ~ Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss ~ , NOES : • ~ None ABSENT: None ' -• PROPOSED MODIFICATION OF. ~C.ROSS-CONNECTION ORDINANCE Torn. Ha~rg~is :presented this' report . - ~ The statewide program is looking at a. better safeguarding of the public • •water supply by more stringent requirements for those .properties that either have one side piping systems that have potential for backfeedng into a Municipal or District water supply or private parties • that: • have their own wells . One of the definitions for auxiliary water supply has been changed. We allow a ::cprivate- property owner that• has • a well ~ on his property to utilize that water supply without, in effect, installing ~ a physical cross-connection ,device. -The state has said• that is not acceptable. What• needs to be done is to reintroduce the. ordinance . at a future meeting . .. ~ ~ • SYCAMORE HEIGHTS -MAJOR FACILITIES FEES CONTRIBUTION When Sycamore Heights Subdivision was approved there was a condition on the tentative map that stated the following "~A11 ~ ~ property- owners shall participate. in assessment district (s) , mitigation fees. or other .funding mechanisms which may be' formed or - ~ r.equired ~by °the City. for-.design; -•review;••°formation, • construction and/or ~~~•~i maintenance~~-of major~-flood •mi~tig:aton and traffic. circulation "projects (i.e., Rainier Avenue) that affect or are affected ~by this project site. This project's ultimate "fair September 8, 1987 V . .23 ~P;. ;283 share"..responsibility toward these improvements shall .be determined by the . City_.,Council. " _ . The questions before the Council are as~ follows:- ' l .~ ' Is Sycamore Heights- subject ~ to what have since been termed .. _ Major Capital _ .Facilities .Fees, in .particular, those fees . •pertaining to traffic 'circulation?~ 2. If so, how shall we.'determine the amount of the fees 3. How much shall these fees be and when shall. they be _paid? '.Staff's 'suggestion is for' Sycamore Heights to pay traffic' .related -Major Capital Improvement Fees. of '$150.00 .per' daily vehicles trip._.end.. The Tr,affic~ Report for, Sycamore Heights .~identified• the traffic. gener.•ation per unit •as~ abou.t .9Z veliicle .trips .p.er..day.. ..Staff suggests.i.that these fees be paid with the close of -escrow 'arid. ;that... some _sort of ~ agreement be created like-. the. In-Lieu Housing.. Fee Agreements so _that the title companies know .to • distribute. those. mitigation fees back to ;the City at the.' cl'ose' of. escrow .. Couricilrnember Balshaw •sug:gested ~ that' •when this issue comes ,back to 'Council that 'we. ahould require .an annual assessment ' by. staff.' of:.remaining build-out ,and remaining cost so th~at,'the. fee is changed automatically.. It .was. moved -by Councilmember• Tencer. that the Councils t•approve . the... recommended ~ fee . of • $150.00 per .trip end for Sycamore Heights traffic related Major Cap':ital Improvement. "Fees:. Councilmember. Sobel seconded this motion. ' Ed Love representing Leonard Jay Development stated that up until the discussion today the Council has adopted the major facilities fee. in concept only. They do not believe that a specific project such as Sycamore .should be charged a .specific fee before the Council has ' 'discussed the fee with the development community •and. debated it among themselves . ' Mr. Love asked .that the fee be waived at this tim_ a as a condition ..of the final 'map ..and ..a 'new .condition be drafted that the fee would be paid retroactively.after the .ordinance has .been.-passed. The fee could. be .paid on a per house basis at .close. of escrow as •Mr.: Salmons discussed. earlier. Councilmember T.eneer suggested .ahat :this could be Pied in to approval of occupancy .of each unit.. It .was agreed that the wording •of :this a'greement` would be $15.0.00 per. trip. end-~or w•ha~tever the ' Council .adopts as the traffic. impact: fees, whichever is • less. Mr. Salmons asked the City .Manager to bring. this back. on-•as 'an• item once again with a resolution or the Council to vote on at that time. RESO..87-271 NCS _ . .. _ .~ . HIRE CONSULTANT FOR ALGAE' STUDY ' .,' , Staff wishes to hire Carl Schrader directly since he has left Metcalf & ' Eddy to start.his own firm.as.•a•corisultant to complete-the: Algae Study for Water .Pollution Control 'Plant Oxidation Ponds to meet. Regional Water Quality, ;Control Board requirements .. .The .study would 'be ,Ci.ty :funded as Cleam .Water Grant funds for ._ design or .study purposes are no longer availablerfto ~~the~~ City .... .. 1 V..'23 P. 284 September 8, 1987 This resolution was introduced by Councilmember Balshaw and seconded by Councilmember Tencer AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer,' Vice Mayor Woolsey, Mayor Hilligoss NOES : None ABSENT : None ~ - RESO. 87-272 NCS • McDOWELL MEADOWS PARK -PARK FEE EXTRAORDINARY IMPROVEMENTS Leonard Jay Enterprises, developer of McDowell Meadows, is requesting consideration of extraordinary park development expenses in the amount of $14,000.00. The breakdown for that follows: 1. Play area (Jungle-Gym & 1 park bench $8, 256.00 (with "deadman") 1 ". ~ 2. Ground Cover area (Trees & Shrubs) 5,744:00 •. $14,000.00 Both the Planning Commission at the regular meeting of~ August 25, 1987 and the Recreation, Music and Parks Commission at their meeting of ,August 12, 1987, have recommended approval of those two additional .. - ~ items in the amount of $1~4, 000.00. If this is approved by the Council the developer would have to submit bids and invoices so that we can be sure they got the lowest bid and that the invoices match that which the ~ ~ contractors said they .were ,going to spend. .Once that documentation has been provided, we would authorize them to be reimbursed or a credit established against future fees that would be paid in that development as homes are :approved, as is the case here. Councilmember Sobel introduced a motion to approve the proposed credit for extraordinary improvement costs for park land development. Councilmember Balshaw ...P ~ seconded this motion . AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Mayor Hilligoss NOES': None ' ABSTAIN: Vice Mayor Woolsey Meeting was adjourned for dinner recess at 5:30 p.m. <<~ ,;~ ,~ 1 September. 8, 1987 V. 23~P.. 285 _ .. ~. ~... :. .. J ..~... RECONVENE ...~.~.,.~ ,., :i-:(::~t,~ ..: ... ROLL CALL: .7:00, p:m. ~ , ~. .. ... ~ ,:.." ... . . PRESENT: Sobel, Balshaw, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss .: ; ." ., ,.. , ABSENT: Cavanagh .. ,- , ,''~. . The invocation.:w.as .given .by: Clyde .Howe.,_.N,eig=hbor.hood. Chizr.ch'. ", ,. :; The Pledge of Allegiance was recited. ' PUBLIC COMMENT: - _ ; ' :.; .,.. • , ~• ~ • Ray Anders,.: 1294 Mona .Lane, :speaking... on. behalf of,. "We the People'! . He reminded citizens that September 24 is the concert for the Airforce Band „at .:.the ~ Veterans Memorial Building . Tickets can be obtained by writing We The People, P. O. Box 1787, Petaluma, California 94953. 1V1r. Anders also requested, blue. Christmas!.~tree: lights ~,~ .. . Nancy Draylee, 1557 Creekside .Drive, .presented a Crossing Guard Petition to ahe Council .requesting, the; ..Council to provide crossing guards for the, schools... ~ , . : ~. : , - . ' ' . Lois.: , Santero' presented a Crossing ..Guard. Petition:.,.ao .. the Council -_ reques~ti~ng ~ Council sto..prov'de ,crossing guards:.!for, thei schools ...c. ...._ J' .~. i G: .. L... ~ -+iUiR+ ~;. .:i . _. '.~ :J.i Cl! 7._Cll!. .... ~(..! 3' Elizabeth Bettini read a statement to the Council expressing, her con.c.ern regarding.the. crossing guard<<issue.. . Simone Sergeant presented a Crossing Guard Petition, .'to.. the Gouricil requesting Council to provide crossing guards i'or the schools. ,,.~ ~ - . John Martin, .1440 Quail presented a Crossing Guard Petition to the Council requesting Council to provide.:crossing guards ;for the schools. CITY COUNCIL COMMENTS :. .: Vice Mayor Woolsey requested that we take a look at the northeast corner of Petaluma Blvd. and Washington Streets. The building isbeing refurbished Vice Mayor Woolsey suggested that we consider either . planting grass or plants or something in place of the green groundcover presently there. She has also asked that the Snoopy sign be upgraded if it is needed at all. The Vice Mayor also asked whether the Council was going to set a mobile home rent control mediation committee and suggested that that should be on the agenda soon. 1 `.~'~V. '23 P. 286 September 8, 1987 ~! i. ,. Michael Davis commented that there .is another spot at the Howard and :. Washington :intersection with ~ .the. artificial turf cover and he suggested •.::. }~~ that ~sornething 'different .should .bedone: ., .-. ... ...: :~ .Mayor Hilligoss suggested .than something nice should be planted at 5 ~.~ , f .-.cornersr, ~right_~here. near :City .Hall.. ;.:;o.~~_ ~~Brian Sobel responded to the parents who presented their Crossing ~.~ ;.-:.Guard ,Petitions.. .He pointed out. that the Superintendent. of the School ~~ , District has backed. out of.:negotiations completely.. We have .shown good . ~ faith n• these negotiations .and-,still •_want~to do our. share in this. process. ,~ ,~ - _. . ,~ ~ ~: Mayor-: ~~ Hilligoss - rr.ead • from ahe:~ .~ State • Traffic Manual - ~ School Area ._ ~ Ped'estrian Safety. "The safety of students. enroute to and from school is the joint responsibility of parents, school administrators, other public : officials and:.the, general public . !' Mayor Hilligoss shared a letter of congratulations from the California -. . ~ State: Automobile ,Association for winning a pedestrian safety citation in .•the~: A.utomobile~: Association ::• Pedestrian: ;Protection Program.: ~' This award ..was based on ~ the City's.•1.986 •spedestrian~ statistics and safety • activities . RESO..•87-272 NCS ~ ~ ~ - •~.~- STATE WARRANTS SCHOOL CROSSING GUARDS f:. •, • . Tom' Hargis explained that the State of California's Department of ice. Transportation ~ standards for "School .Area : Pedestrian Safety is one chapter. of,:~the• State ~"Traffic, ~Mannual".:. It: establishes a criteria for when various traffic safety measures, including crossing guards, should be implemented . .,: For crossing guards, the warrants (criteria) are based upon the number of school .age pedestrians and wehiclest~utilizing the intersection, as well as .the approach speed of vehicles ..if school .safety patrols are being considered. .By adopting:.an accepted statewide. standard..for review of crossing guard protection requests, the Council would be able to n compare-• numerous requests : on. an ~ robjectiwe :basis..- . , This.. would not necessarily prevent funding of guards at locations that did not meet the warrants , but would allow for a priority comparison . .. Mr. Hargis noted that although this Warrant System has not been officially adopted, it has been used by the city for the last three decades . ~-_ :. • C = ~ The City Attorney ..explained that .the -only provision of State law dealing • . _ ~ . .with •~.ther:~subject:: of.. crossing =• guards ins'.:-found iin • the.uEducation Code. None of the provisions-: • enacted: ~.by ' the. ,legislature . 'mandate any organization to have crossing guards--either school districts or cities or counties . What the Education Code does say is that (1) County Superintendent of Schools may employ such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety of school children who use such intersections . The word may dictates ~September;8;• 1'987 -''~•V. 23` P,• ,287 SCHOOL CROSSING GUARD WARRANTS contd. that this is discretionary, ornly:~f' The legislation. that we' have Ito work.. with .was adopted in 1978 .:and. states Ghat the governing board of any school district may employ • • •in accordance with ~ the• tprovisions of this chapter such personnel as may be necessary to act as guards at pedestrian ; :crossings to• : •insure-•• the •~ safety . of ~ school ; children; who use such intersections. So what the legislature has. said,.;to .the extent that this issue has been addressed, .that the County Superintendent . of Schools may employ such crossing guards or governing ~ boards of school district may. do •likewise. It goes on to say that. assuming that .crossing. guards are-'employed by school ~ :distr-icts 'then they. may _be reimbursed . •• • out of Vehicle Code ~~funds and 'other types of funds. Then :it ..says that to the extent that either the city or the county does not provide ' crossing guards, and, the. school district chooses to~ •provide .them then -they shall be'•reimbursed~'for =their-costs.:. ' It .goes ~on ~tha~t. in-.`order to receive .•-such 'reimbursement there•-mus't be: ran : agreement. between' ~ the city or the county and the school district, which ~ sets. forth these .standard terms and conditions . ' • So first• you _ have• Ito have. • ari agreement; as between.. the `school' district and the city,' at which time • the school district .shall ••be-reimbursed for their costs for the guards. which they`,~•p'rodid'e'.~ There is~ no' place in the state law or in the Government Code, Education Code, etc., 'which addresses city or county's obligations to provide crossing guards and, therefore, there is no mandate to provide these crossing guards ., • ~~ ::'_ •' John Martin expressed his concerns about the fact that the. statistics used •°in the• •background •~data for: this ' issue i go .back _ to ~ 1985,: s.o the numbers .are two • years old . •' • H'e also felts that -it was unreasonable for the City to expect the school district to._ go 5.0-50 on this issue.. -• Bonnie Nelson, 147 Ellis Street, Apt. 13, exp:ressed~ her ¢oricern about the urgency of getting crossing guards on the streets. Couiicilmember. Balsliaw~; introduced' the ..motion to adopt. the' .State of California., Department of Transportation Warrant ~ System for: School Area Pedestrian .Safety, _ Counclmember Tencer seconded that emotion: • ' AYES: "~ Sobel; • Balshaw; • Davis; Tencer; Vice Mayor Woolsey=; Mayor NOES : None ~ : ~ ~. , . , , • . ABSENT: Cavanagh BOYS AND GIRLS CLUB FACILITY PROPOSAL FOR LUCCHESI, , . Jim ~Rayinond .presented ~ this ~ request .from the Petaluma Boys 'and Girls Club>•to .use ;approximately orie~ ~ acre on the southeast. ~ corner of_•+Lucchesi Park as a potential site for an east ~ side facility, . ;, . • • V. 23 P„ 288'September ~8, 1987 Joyce Levine,. president of the Boys and Girls Club explained that there '-.has been•~an average of~ 180•'individual children a day in their Boys & ~: Girls Club.- If all of their other programs are included, the Boys & Girls Club is serving approximately ; 300 individual :children per day. Their • bus program is four times greater than it was last year . Ms . Levine pointed out that there is no parking problem for the Club. The children ~ either ride their bikes, or ~ they 'walk or they get dropped off by their parents. Parents ' 'don't' stop and stay--it"~is a club for children. Right now there is no off-street parking at their present facility' 'and there is no parking problem. • She pointed .out that there is •no impact on traffic, parking; etc., just by the nature of the program. The Friday night bingo game is the only time when parking could be a problem, yet there have been no complaints from neighbors . • Councilmember • Davis pointed out that there were many meetings with . .representativ.es of different groups• in the community and went through many different possible sites in the community and came to a final agreement on the Lucchesi site because it is the most central of all the • sites and-.the rnost~~ accessible to• the people. •~ Councilmember Tencer moved that the City direct the Parks and •~~Recreation•;Commission to• redo the master plan to include thatsite for ~. t•he Boys and Girls Club. ••~Counci~lmember Davis seconded' this motion. Dorothy Morris, Chair of the Parks, Music & Recreation Commission ' '~:,~• ~'.addressed •the Council 'expressed her disappoint in the fact that the Commission was not kept abreast of the process of this Blue Ribbon Committee that Councilmember Davis established, Councilmember Tencer asked for a call of the question. The Mayor then asked for the roll call. AYES: 'Sobel, ' Balshaw, Daavis., •Tencer ' NOES: Vice 'M'ayor. Woolsey; Mayor 'Hilligoss~ ABSENT: Cavanagh MUIR,WOOD •~DEVELOPME•NT AGREEMENT ~- . Warren Salmons, Director of Community Development and Planning, requests that Council consider the draft development agreement which • : •reflects : •the staff's revisions to the + applicants proposal . This draft agreement was' considered •by the Planning •Cbmission on' August 25 and unanimously recommended for approval. The Commission noted several areas which- they wished staff to address prior to submittal to Council, Their comments included: (1) the term'•of'the agreement, (2) provisions re moratoria, and (3) applicability of future fees or taxes. ,: i L - ,, . ~ . . , r~ ~ , "Sep"tember• 8,• T'.987 ~ V. -23: P. =289 Attached to this agreement are a number of exhibits . Exhibit C to the - dociz~rnent is the Planned Community District Resolution. -with the illustrative .map that PCD Developrrient~ Plan has approved ~by that Resolution., The .basic -working part : of • the. document, Exhibit D, describes;-the responsibilities ••and oblig~ations-~ of• the -City ~and• .of the ,Developer with respect to a number ,of key portions of the development. This document sets..out the.timing of the development,: land uses; as well. as establishing=jcertain obligations -that. developer. is being •_ asked ao'' fulfill and dome obligations .that "the .City' is.obligating itself to fulfills •suc'h as the--.creation.. of a zone .for water 'zone so that some .of the adjacent developable .land in the area can be; provided portable water and water sufficient .for fire flow The applicant's have inserted in the document provisions for future moratoria .and •staff suggests :removal ~ of :that language ., ...The term of the document..was suggested by. the applicants initially at twenty years, staff is..recornmending ten years . ~ .: •- ~ ~_ Vice Mayor Woolsey asked;~what..would: happen if Duffel. does not,~start the project for four years, is the City held to five years for the bypass and ten years for ..the clubhouse starting .from the . date ~of ~. our ..agreement? Councilmember ~.Tencer stated that he : would hike. something. added that ' would prevent any' residential unit..from c being finaled, .sold, .leased or rented until the golfcourse was open to public play. .John '_ Scharer ,pointed...out.. paragraph..... 9~_.of,;. the ,.agreement;_ _,Perodic Review,';; which. provides.,, for, a ..review ..for ..compliance;: of • the, .terms,, covenants and conditions , of, this agreement every • twelve • months . Mr ., Scharer also suggested some language to be included in paragraph 10, as follows:. ,. • "However, in the event that the golf course should not be completed within three years from the .date of...this agreement, this agreement shall be null and void and of no .further force .and effect." Page 9 and 10 in Exhibit D, under Section 12 - Storm Water .Bypass, gives a limit of 5 years from the date of the Development Agreement for plans and specifications for the Bypass to be. completed .and available. to bidders. Council suggested that this should be ten -years (the length of 'the -agreement) . ~ .. • : • On Exhibit ,~D, Page. 2 , at.. top .paragraph, .oast. sentence, the word "commence" should be changed- to ."start or finaled" . On Exhibit D, Page 3, third paragraph, first line., the word "may" should be changed to:. "wi11'!~. ... , , . ; - .. . . u - ` .. ~. ~ •t On Exhibit D, page 6, third line from the top, the fee for estimated daily automobile trip for the golf course club house/activity area is :listed as $50.00. This amount should be made consistent with whatever the ordinance requires . Y., 23 P. 290 September 8,• -1987 1' , ' On Exhibit. D, page 7 -Public Access, John Balshaw was concerned that the public was not going to get access to -any decent starting times due to the. .privileges afforded those with memberships. John Scharer explained that the intent of this. paragraph was to give the purchasers of residential units the ability to call one week in advance for a starting time as opposed to normally you call two days in advance for the public. . ~ The phrase in the sixth and seventh line, ".or to 'others" should be . removed Lynn Woolsey suggested that Petaluma residents' green. fees be less than non-Petaluma residents . • . •. Van Logan, representing the Duffel Company with Sarah Logan and Hilde Harper with Duffel Company and 'Tom Sherwood their attorney spoke up . Van Logan explained that the plan is 18 holes of golf course with 527 :units so that the golf course generally runs along Casa Grande Road and along parallel to Ely .Road. with. some housing .there and. along Frates Road where it becomes part of the greenbelt. The portion in the County acts as the' Greenbelt.. •. Van Logan stated that Duffel had a problem with Item 4 of the actual Agreement. Tom Sherwood stepped up to the mike for this item. The new language added to 4b, four lines from the bottom would -read: "denying or conditionally approving any subsequent Development :Proj.ect Application which proposes development of the property in a manner inconsistent with the master plan on the basis ... " . Van Logan wanted to register an objection to the amount of $690, 000.00 ~~ in .the .Exhibit. D on page 6. ~ He explains Ghat it is in direct conflict with the. $350, 000.00 amount .which was approved in Resolution 87-115 N.C.S. in Section. 13 on page 4. .. .Tom .Sher.wood then • brought up the subject • of .the effect of. moratoria on this Development Agreement (Item 4(c) of the Development Agreement) . D:u_ffel :is- concerned that regardless of any' moratoria placed on the issuance of building permits that this Development Agreement will still be valid and their building can continue. ~~Joseph Forest stated that he felt that we are virtually "buying a lawsuit" by; subjecting .ourselves to this kind of a restriction.: He also stated that under the recent Supreme Court decisions adopting ~ a moratorium may be even more of a risk to the City because if we are wrong we are ., , :going to start paying damages to. anybody that we hold up . So he believes we are going to see less and less moratoria unless there are some really good health and safety reasons for it. Tom Sherwood stated that he just wanted a qualifier in that paragraph 4(c) stating that if it was a health and safety situation beyond the City's control that the moratoria would be effective. It was suggested that the two attorneys work out this language and bring it back to the Council, September 8,•.1987 V. 23><'.P:,`291. Duffel brought up a problem they had with Exhibit D, page 1, Project Phasing .:. s rThey~.. were not , .happy .with • : the+ word !'substantially' being removed".and• asked that ths.'!be :tied~.n•,rto_• occupancy ~permits~._ins:tead. Therefore, • ••.the• ~,golf-• course: ~~_ mus;t .be ~ •op'en •~for ;.public: ~playt b°efore occupancy" permits can be •issued. Hilde Harper explained that' Mr :~ Du'ffel ' is. opposed-- to. dedicating. `the 'two acres immediately...adjacent.to the. clubhouse,.: ~He would, make it available for purchase but is adamantly opposed to an outright dedication.. The City Manager explained that this was already agreed in two other drafts . Council:• suggested:: that. • the . •diseussiori~ be ::terminated:: tonight,. These negotiations need to be worked out between the applicaxit~•andstaff and attorneys . .,. tir_ :c, I~_... _ .•• ~ ~;; r l::.i.tlti ~:):, ..a" ,~ r ,:r. _ r*._~ ~' This item was opened for a• public hearing. ~ .. , . Bon•ne~~"+Nelson.; 1471rEllis.•Street,~ .Apt.,.. 13•.voiced. •her.opinion ;about. her disappointment in the lack of :interest in. low income housing .:. ~ r •+-t The Mayor requested that the two attorneys ~~get >together :and?:wor:k oizt an agreement and bring it back on September 21, 1987. RESO. ~87--27.3(x!) N.C.S. - PARK ~ FLACE .VII. ; . _ .. ,. .. ~ •_ . _ RESO~. 87-273(b)~_NCS ,, ~ ~ . ~. .. ,~ .,_ •. .. . ,. PARK PLACE. VII , The":original. PUD :was. approved .in. 1981..:. Requested :revision..is made by Young-. Ameri`ca~.Homes~~in.•xesponse :.to.l:market . conditons~cand.~. customer preferences. Staff recommends adoption of conditions to update, this project in terms of its contribution toward large scale capital improvements.. (e: g . Rainier::Averiue, .citywide flood' mitigation., e,fe'.) . It :was • sugg!ested~ that th'e ~timn~g. , of" the payment .of the .major capital facilities..fees • be at+ ;the • close of. escr..ow 'on the, .unit as opposed to the time of the building permit. ~-:.• ... ~ .... . , ,., , • John_ ~Joslin, "• ~r-epresenting r, Young;. ~Americari: Homes explained -that :what • they :wanted:, to do ..was to take: they >approved . final map }• and change the unit mix . It is a. reduction :of..unts . • . - ~ . ~ _ ~ .: 1 John Balshaw- introduced •!these+ two - motions ~ and Brian _Sobel..s,econded AYES: Sobel, Balshaw, Davis Tencer, Vice Mayor Woolsey, Mayor Hilligoss _ •. . ~ • ~ . .. A~BSE~N:T:.. Cavanagh . ..: _ .•., -,., ; t,• ~_ ._ _ ,,,.. • ~~'I V. 23_P._ 292 .~ Sepaember.~:8,~ •1987 The meeting was adjou-rued at 1-1:~30~ ~p : m .. =to: a closed- session . -1. - .~ .- --- -.. t. .~,-.. .f ~._r.n ~:~_",~_,__ . ~:;M~:~~Patrcia- Hillig.ossf,~.~'May r--- =. ~ f--- - ~~-=`f ATTEST: 1 .-~ Patricia E. Bernard, City Clerk .I ,,. .1~ .. .. 1 .. . . ~ .r: ._ r~ .. l _ .. ~ _ 1 7 ..' ~. _ r.:.. .. ~11~ r... .. tl ~ ,. ..... .. ~.. i......~ _ ~ .. ~ .. I~. 7 _ _ '. _ _ _ ...L ~.A _. ._ .. _ __._ _ ~ i 1