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HomeMy WebLinkAboutMinutes 09/16/1985September 16, 1985 287 MINUTES OF A REGULAR MEETING :f; ? PETALUMA CITY COUNCIL MONDAY, SEPTEMBER 16, 1985 ~ A.~ ROLL CALL: 7:00 p.m. ~.~~,,~~ ~= ., PRESENT: Bond Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Balshaw, ~ABS•ENT : Mayor Mattei INVOCATION The invocation was led by Rev. Rolf Conrad of the United Methodist Church. r-, ~ tit', - , MINU,TES~; The minutes for the 3 p.m. September 3 meeting were approved r, .as .submitted, - the minutes for the 7 p . m . September 3 meeting were . °x::;~:approved as amended. ,~~. CONSENT CALENDAR The following items were approved by the adoption of,,a- single motion which was introduced by Michael Davis- and seconded by Jack. Cavanagh. ',:;AYES.:: Bond, Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Balshaw NOES' None ABSENT: Mayor Mattei ,~;i RESO.. 85-299 NCS ~.. r:-~ CL,AIMS AND BILLS . F• ., . ORD. 1630 NCS •. :,~:• ~• SURPLUS PROPERTY ' _ In-troduce and order posted Ord. 1630 NCS amending Chapter 3.12 of the Petaluma Municipal Code governing the sale of surplus property. R'ESO. 85-300 NCS COMPLETION OF McNEAR PARK TENNIS COURT .RESURFACING I Reso. 85-300 NCS accepting completion of McNear Park Tennis Court + .. •: Resurfacing Project 8654. ~;. . ;;~, :.RESO:. 85-301 NCS ~' ~;;~~,j~,ROSENBERG CONDOMINIUM SUBDIVISION FINAL MAP Reso. 85-301 NCS approving final 'map for Rosenberg Condominium _,~.IJ '• S,u'bdivison. RESO. 85-302 NCS TRANSIT .ROUTE/BUS SCHEDULE REVISIONS Reso. 85-302 NCS approving amended transit routes and bus schedule revisions . I f '~::,rn ;, ,, .. ~ RESO. 85-303 NCS • ,~r~~, •_ STREET RESURFACING CONTRACT AWARD. Reso. 85-303 NCS awarding contract for street resurfacing of Cherry, ~_t ..'~.~ West and Walnut Streets to W . K .McLellan of Petaluma in the amount of $5'3,257.00. 288 September 16, 1985 PEDESTRIAN SAFETY AWARD Mr. William Lennon of the California State Automobile Association presented the City with a plaque for Ped estrian Safety . UNDERGROUNDING 12 kv.LINES ~ .~ ~ :~ Qantas Development had requested the City Council to reverse its decision of June 17., 1985.,. to require undergrounding of tih~e- £12 kv electric lines on Ely Blvd. North. The City Council did not='~choose: to reconsider their earlier action . .~..,. CARAVAN STAGE COMPANY . ~~ : ~ . t There was no objection to the addition of this item to the. ;agenda. The Caravan Stage Company, a Canadian theatre group travelling by horse and wagon throughout the United States presenting -tent'stage shows and promoting EXPO 86 as well. EXPO. 86 will be in Vancouver, British Columbia, between May and October of 1986. The Caravan Stage - Compan=y requested a waiver and permission to set up,ather~ 100 .foot diameter show tent, to camp (between September 19 andSeptember 25) with their wagons, which double as their stage, and to, ~keep~`~:their 11 Clydesdale .horses in Lucchesi Park, which activities are s,peci=fically not allowed. ' ' ~ ~~': x. , . t It was moved by Lynn Woolsey and seconded by Jack Cavanagh ~ :that we allow the Caravan Stage Company to utilize Lucchesi • P,ar-k ~ for their stage .performances, overnight accommodations and a holdng_''area for the horses from Thursday, September 19, through Wednes'd'ay, September 25. : ~:% AYES: Bond, Cavanagh, Davis, Woolsey, Tenter, Vice. Mayor%•Balshaw NOES: None .:=:~1. ABSENT: Mayor Mattei ~~I:t RE5O. 85-304 NCS ~' ~..i SOUSA PHASE. I FINAL MAP ' + Reso. 85-304 NCS approving. final map for Sousa Subdivision Phase I (located on Magnolia Avenue) . This item had been removed'::from the Consent Calendar. Staff noted that the neighbors have been noticed of this agenda item:.;and there had been no objections received from. any neighbors . Inaroduced ~ by Michael Davis, seconded by Jack Cavanagh. :.~i. AYES: Bond, Cavanagh, Davis, Woolsey, Tenter, Vite• Mayor: Balshaw NOES : None ABSENT : Mayor Mattei .. - 's; RESO. 85-305 .NCS ' ~°`~ AMARAL ANNEXATION ~ .~=: Reso. 85-305 NCS approving .negative declaration of environmental impact for the Amaral Annexation (northwest corner- of ,Corona and Industrial Avenue and Old. Corona Road Right-of-way) and_~prezoning. Introduced ~ by Larry Tenter, seconded by Lynn Woolsey. '~`~: • AY~ES~: Bond, Cavanagh, Davis, Woolsey, Tenter, Vice Mayors Balshaw NOES: None ~~~-'~ ABSENT: Mayor Mattei September 16, 1985 289 s ,ORD:;...1631 NCS REDWOOD OIL/AMARAL ANNEXATION. PREZONE .Introduce Ord. 1631 NCS prezoning Redwood Oil/Amaral/Singleton .:.,:,~., properties Annexation Planned Community District, Flood Way and :Flood Plain .Combining Districts This annexation is located between U . .5~.~ .Highway .101, Corona Road right-of-way and the Petaluma River ~~; ~ : bridge adjacent to Rancho Arroyo Business Park. Introduced and ,:. , ordered posted by Roland Bond, seconded by Michael Davis. ,. , ~, A--Y,ES:, Bond, Cavanagh, Davis, Woolsey, Tenter, Vice .; ~~~:,;Mayor Balshaw ~~ ' . NOES:. None ,.,, .~ ABSENT: Mayor Mattei RESO. 85-306 NCS REDWOOD OIL/AMARAL ANNEXATION - LAFCO Reno. 85-306 NCS making application to the Sonoma County Local :, •:~,~.A,gency Formation Commission to initiate proceedings for annexation ~; ~ ~~ ' pursuant to the Municipal Organization Act of 1977 - Redwood Oil and ~, .~; Amaral/Singleton et al annexation northwest of intersection of Corona ~~ ;:.. Road and Industrial Avenue. Introduced by Larry Tenter, seconded ,by Michael Davis . AYES: Bond., Cavanagh,. Davis, Woolsey, Tenter, Vice Mayor Balshaw NOES : None ~~ ~- ~ A=BSENT : Mayor Mattei R~E50':, 85-307 .NCS SUNKEN VESSEL "OLD TOM" On May 26, 1985, the vessel Old Tom sank in the Turning Basin from damages received from another vessel mooring alongside the Old Tom. - Th'e owner has been contacted several times regarding the removal of the sunken vessel, but no measures have been taken by the owner . • other than the filing of a claim against the City of Petaluma. Staff .;ri requested authority from the. City Council to ..follow the procedures ka;.x. ,:~oufilined in Harbors and Navigation Code Section 522 to remove the ~,r"`~~ sunken vessel. in order to preclude the possibility of the boat breaking r.,,.r~ up~•-this Winter due to tidal action and/or heavy storm water run-off. ,c ,,~ Mona Burkhof, the owner's legal representative, addressed the Council .+., ass did. Public Works Superintendent Pat Miller. The cost. estimate for removing the vessel is between $5,000 and $12,500. Reso. 85-307 NCS . requiring removal of the vessel after the statutory 30 days has run. The attorney for the vessel owner agreed to accept this evening's action as sufficient legal notice and agreed to waive any further notice requirement as required by Harbors and Navigation Code. Introduced by Roland. Bond, seconded by Michael Davis. AYES: Bond, Cavanagh, Davis, Woolsey, Tenter, Vice Mayor Balshaw i:,: :,.,~i NOES : None • -,--~ ABSENT: Mayor Mattei 'e=i.a~Liri - 7 r • s.:i''.l:i' 290 September 1.6, 1985 . RESO. 85-308 NCS AIRPORT GRANT OFFER Reso. 85-308 NCS accepting grant offer ($982, 125.00)~ja~~Arport Improvements Phase II (for land, approach protection., Parcel~:Cl [approx. 37.8 acres] , construction of apron [approx. 170,-.0:00: square feet] including tiedowns, marking- and lighting, constructi'on.of; access road [approx. 24", feet x 2,400 feet] including marking., lighting 'and drainage.) . This covers Grant ,#DTFA 08-85-C-30:180./".Project 3-06-0186-05: The Council directed staff. to prepare a chan=gei~ order to include the provisions for a bicycle lane- and sidewalks ..iron ;East Washington at the Municipal Airport :entrance. Cost estimate`s: are to come back to the Council. It was agreed the landscaping::'should be reviewed by the Site Plan Architectural Review Committee:' The Council was assured that approval of this. grant offer and approval of the contract (next agenda item) did not in any way lock them -into a specific site for the restaurant. .'3 ,a; ,: REQUEST FO:R CONCEPTUAL .DESIGN ~ ~ . _.:•~, The City .Council asked .that the Airport Commission •provide a schematic. for development..of . the .remainder of ahe airport. y This .schematic is. meant to identify use categories ,and approximate ~ sizes .of the areas that. would. be designated .for each .use category. . It.~"was the understanding of the Council that this 'conceptual': design ~ woul'd be subject. to modification as the airport development proceeds. ~'..' ~°ti1 The resolution to accept the grant offer was introduced b~yy Larry Tencer and seconded by Roland Bond. AYES: Bond, Cavanagh, Davis, Woolsey, Tencer, Vi~ee .Mayor." Balsliaw. NOES.: None __ a~". _r_..: i " ABSENT: Mayor Mattei - . aw:~ RESO. 85-309 NCS -.r~ ? - AIRPORT PHASE• II. CONTRACT .. .~L, ~ - Reso. 85-309 NCS awarding contract for Airport Improvements;:Phase II to Don Dowd• ,Company of .Sebastopol in the' amount of $1-, 062;1084 whieh~ includes the base bid of $1,~0-59-,248 plus alternate AA5 which ~;i"s` fuel resistant seal of the apron area in the amount of $2,860.00'J': ~ The action to adopt this resolution included the approval of a change= or,.der for a sidewalk and bike path on :East Washington at the .entrance to the .Municipal. Airport. .Introduced by Roland Bond; seconded +by Jack Cavanagh. AYES:Bond, Cavanagh, Davis, Woolsey, Tencer., Vice Mayor B.alshaw NOES: .None `Vi`i ABSENT: Mayor Mattei _ ~ ., RESO. 85-310 NCS ~ POLICE' FACILITY:/AUTHORIZE PLANS-SPECS :.~ ~ . Reso. 85-310 NCS authorizing Leroy Bean to proceed with completion of the construction drawings and specifications. Mr. Beari-'•s~rcurrent estimate of the project's cost is $985,423.00, and move-in-date estimate is approximately 6 months. Introduced by Michael Davis, seconded by Lynn Woolsey. AYES: Bond, Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Bals•haw NOES: None ABSENT: Mayor Mattei September 16, 1985 291 V_ IEW PRESERVATION /SOLAR ACCESS The City Council discussed the possibility of adopting a view .-preservation and solar access regulation. Alberta Kyle presented a ;.~t ~; petition with 31 signatures requesting the City adopt a 'view ~, ~~' •~ -;preservation' regulation. Delores Banda of 12 Haven Drive; Joyce ~"~A'~c`t"g~y~' Waldra, 24 La Cresta; and Kurt. Knoblot, 53 La Cresta also spoke. .. ~~ Tehe Council was 'asked to develop a regulation which would protect the trees as well as protect the views.. It was also noted there is a deed restriction for the LaCresta Subdivision which requires property-owners to protect the. neighbors' views. The Council sent .~~ ~. the question to the Planning. Commission for their investigation, review, and recommendations on view preservation/solar _ r.: access/restriction on ridge line- development. .BED AND BREAKFAST There was considerable discussion regarding the proposal to adopt bed and breakfast regulations. The Council agreed the following matters should be included in the ordinance regulating bed and breakfast inns: On-street parking should be allowed (qualifier-only when parking is permitted on-street in front of the proposed inn) ; R-1 Districts are :_.,_,~.,.r, }:;acceptable only where they abut a Commercial District; signs may be a ., , ~ ~rriaximum. of six square feet and should be distinctive and in character .and compatible with the building; preferred placement of signs is on the building; signs .shall not be neon; signs shall reflect the character and charm and complement the Victorian structures where appropriate; the intent of this legislation is to provide alternatives to existing contemporary commercial lodging. This was continued to allow staff to prepare amended legislation. MISCELLANEOUS ZONING ORD. TEXT AMENDMENTS ~;~.' Due to the lateness of the hour, this was continued to a later meeting. J .A : _ , FORTUNE-TELLING . T.he, City Council: discussed the proposed .fortune-telling re gulations. The California Supreme Court recently held that the Azusa ordinance precluding persons from practicing fortune telling and related activities was unconstitutional on the basis of restriction of First Amendment ('free speech.) rights. This decision was final on September 15, 1985. John Stevens, 827 Santa Rosa Avenue, Santa Rosa, requested ~-3 ~:•:„ permission to .conduct such_ a business on East Washington Street (a .~' ~! a . ; ~ . Neighborhood Commercial zoning district) . ,t . .. It was moved by. Larry Tencer, seconded. by Lynn Woolsey: ,_ That. we accept the findings and recommendations of the Planning Commission that this be a 'conditional use' only in 'Highway-Commercial' zoning districts. AYES: Woolsey, Tencer NOES: Cavanagh, Davis, Vice Mayor Balshaw ABSENT: Bond, Mayor Mattei 292 FORTUNE TELLING contd. ~V The City Council discuss"ed Mr. Stevens' request for ,permission. to have such a service based in a. Neighborhood Commercial zoning district, particular-ly on East Washington. ..Street. The majority of the .Council felt this would . be acceptable as a ConditionaL;~~ Use ~ in Neighborhood Commercial zoning districts: only if the business were located on an 'arterial' as defined by the City Engineer. ~~.a . .,_ Negative Declaration (see also Page 293) Resolution. approving the issuance. of a .negative declaration pursuant to 'the California Environmental: Quality. Act for amending ? Ar-,ticle , 1, Section 1-203; and. .adding Article .13, Section .13.419 of Zoning Ordinance No. 1072 NCS. Introduced by Michael Davis, seconded by Jack Cavanagh . , .~ .!, ~a. AYES: Cavanagh, Davis, Vice Mayor Balshaw . ~ ~ ~ ~ ';~i' ~V NOES : Woolsey, .Tencer ~. • ABSENT : Bond, Mayor .Mattei .. ? Ordinance adopting revised regulations (see also Page 2930. :, Introduce and .adopt urgency ordinance amending the Zoning,_Ordiriance to provide for .fortune .telling establishments as a Conditional ~ Use Permit. .Introduced by Jack Cavanagh-., seconded by. Michael Davis. AYE'S: Cavanagh, Davis, .Vice Mayor Balshaw ~I . NOES: Woolsey, .Tencer .. t. ABSENT: Bond, Mayor Mattei ~ ~ , ORD. 1633 NCS FORTUNE TELLING - .:MUNICIPAL. CODE _ ;~ Introduce :and :adopt Ord. 1633 NC.S repealing Section 10.32:,0;10 'of ~ the Municipal Code which prohibited fortune telling activities. Introduced by Jack Cavanagh, seconded by Lynn Woolsey. • :+~',""~ AYES.:Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Balshaw.. NOES : None ~" AB5EN.T: Bond, Mayor Mattei ~ c; ,~r RESO. 85-312 NCS .. .~ SEWER VACUUM TRUCK . <,~..: ~Reso.~ 85-312; NCS authorizing purchase of a .combination high,-velocity sewer jet and vacuum .truck in concert .with the City of S:urinyval'e's March 20, 1985, bid which they awarded on July 9, 1985. `The total bid price .is ,$113', 684.29 , bid. by G . C . S . , .Inc . , of West Sacramento. Delivery is; expected. in about five months.. The .resolution was. introduced by ,Jack Cavanagh, seconded by Larry Tencer. AYES.: Cavanagh, .Davis, Woolsey., Tencer, Vice Mayor Balshaw NOES: None ABSENT: Bond, Mayor Mattei September lb, .1985 1 1 ~ _~ September 16, 1985 293 R~E'SO. 85-313 NCS SINGLE FAMILY MORTGAGE REVENUE BONDS Reso. 85-313 NCS approving participation and joint powers agreement with Marin and Sonoma Counties for single. family mortgage revenue bonds. Introduced by Michael Davis, seconded by Lynn Woolsey. AYES: Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Balshaw NOES: None ABSENT: Bond, Mayor Mattei FORTUNE TELLING ~~ :.Upon advice of staff that urgency ordinances must be approved by a unanimous vote of the City Council that is present, the Councilmembers agreed to reconsider their votes on fortune telling . t: RESO.. 85-311 NCS ~N;EGATIVE DECLARATION -FORTUNE TELLING (see also Pages 291 & 292) Reso. 85-311 NCS approving the issuance of a negative declaration ,.;~ ,pursuant to the California Environmental Quality Act for amending Article 1, Section 1-203; and adding .Article 13, Section 13.419 of Zoning Ordinance No. 1072 NCS. Introduced by Michael Davis, seconded by Jack Cavanagh. AYES: Cavanagh, Davis, Woolsey, Tencer, Vice Mayor Balshaw NOES : None ABSENT: Bond, Mayor Mattei ORD . 1632 NCS ~EORTMUNE TELLING REGULATIONS (see also PagesL91 & 292) a;..:. ~ .Introduce anal adopt urgency Ordinance 1632 NCS amending the Zoning Ordinance to provide for fortune telling establishments as a Conditional Use Permit in Highway Commercial zoning district and in Neighborhood Commercial zoning districts but only if they ar.e located on an 'arterial' as defined by the City Engineer. Introduced by Jack Cavanagh, .seconded by .Michael Davis . " AYES: Cavanagh, Davis,• Woolsey, Tencer, Vice Mayor Balshaw NOES : None ABSENT: Bond, Mayor. Mattei• •- _ •~~",,, :-ADJOU,~RN. Th'e meeting was adjourned as 11:25 p.m. ,~-,_.~.;: "~~'. Mayor Fred V. Mattei "ATTEST: Ct Clerk Patricia Ber