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Home My WebLink AboutMinutes 10/11/1983October 11, 1983 CITY UF PETALUMA CITY COUNCIL MINUTES REGULAR ADJOURNED MEETING ROLL CALL PRESENT Battaglia/Bond/ Cavanagh/Balshaw/ Vice Mayor Mattei ABSENT Perry INVOCATION 343 Tuesday, October 11, 1983 7:10 p.m. Mayor Harberson/ The prayer was led by Rev. Tim West, St. John's Episcopal Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Mattei CLOSED SESSION - The Council recessed to a closed session 7:15 . p. m. to ?: 28 p. m. MINUTES The September 19 minutes were approved as submitted. CONSENT CALENDAR ' The following items were approved by the adoption of a single motion which was introduced by Councilman Cavanagh and seconded by Councilman Bond. AYES: Battaglia/Bond/Balshaw/Cavanagh/Vice Mayor Harberson/Mayor Mattei AB SENT : Perry NOES : None RESOLUTION #9921 NCS CLAIMS AND BILLS ORDINANCE #1559 NCS REZONE STONITSCH PROPERTY Adopt Ordinance No. 1 59 NCS rezoning assessor's parcels nos. 19-030-11 and 12 from R1-6500 (single-family residential) to C-H (Highway Commercial) .(NWP RR and Shasta Avenue) 12ESOLUTION #9922 NCS FIRE PREVENTION WEEK Resolution No. 9922 NCS proclaiming the week of October 9 through October 15, 1983 as Fire Prevention Week. RESOLUTION #9923 NCS STREET NAME CHANGE The Street Naming r.esolution changing map of the Valley Court because the the name Caracas Committee recommended that the Council the name of the .street recorded on Oaks subdivision from Quercus Court to name Court . for emergency response Quercus Court is very similar in This change would eliminate the confusion in the future with twc adopt a the final Buckeye sound to potential ~ streets having similar sounding name. ~i~ ~ October 11, 1983 Adopt Resolution No. 9923 NCS changing the street name of Quercus Court to Buckeye Court in the Valley Oaks Subdivision. RESOLUTION #9924 NCS SUIT AGAINST FIREMEN'S FUND Resolution No. 9924 NCS authorizing the City Attorney to file a complaint against Fireman's Fund Insur.ance Company, the City's insurance carrier during the years 1980 and 1982 when the liability occurred. It has declined to reimburse the City for the expense of independent counsel which was retained to represent the City of Petaluma in various litigation involving general liability. RESOLUTION #9925 NCS BASKETBALL ASSOCIATION Resolution No. 9925 NCS authorizing an agreement with the Adult Baslcetball Association for the purposes of conducting the 1983-84 Adult Basketball Program. RESOLUTION #9926 NCS VOLLEYBALL ASSOGIATION Resolution No. 992 NCS authorizing an agreement with the Petaluma Morning Women's Volleyball Association for the purposes of conducting the 1983-84 Women's Volleyball Program. RESOLUTION #9927 NCS 1983 STREET RESURFACING Resolution No. 9927 NCS accepting completion of 1983 Street Resurfacing Project No. 8592 which was awarded to ° P,iombo Corporation . RESOLUTION #9928 NCS EIGHTH STREET STORM DRAIN Resolution No. 9928 NCS accepting completion of Eighth Street Storm Drain "D" Street to Kelly Creek Project No. 8587 which was awarded to North Bay Construction Company. RESOLUTION #99.29 NCS COMMUNICATIONS DISPATCHER Resolution No. 9929 NCS amending Personnel Classification Plan and Designation to establish an additional position Communications Dispatcher - Clerk bringing the total number for that position to nine. . Uctober 11, 1983 345 RESOLUTION #9930 NCS FOSTER PARCEL MAP Resolution No. 9930 NCS granting certain modification to the requirements imposed by the subdivision ordinance for the Foster Parcel Map (14 Laurel Avenue) . The request for modifications consisted of the following : Lot l: Reduce minimum lot frontage from 65 feet to 45 feet. Lot 2: (a) Reduce the minimum width of the driveway access strip for the flag lot from 30 feet to 23 .feet; (b) Increase the maximum length of the flag lot access strip from 125 feet to 155 feet. * * * * * * * * * * * * END OF CONSENT CALENDAR * * * * * * * * * PETITIONS AND COMMUNICATIONS DIAMONDHEAD ELDERLY HOUSING PROJECT The developer (John Lee) has retained counsel to cause the City of Petaluma to refrain from enforcing the approved development provision that Diamondhead be occupied solely by elderly persons. On behalf of the developer, Jonathan Wilcox, a principal of Mills and Wilcox law firm, asked the City • Council to direct the City Attorney to "draw" a resolution withdrawing the age restriction (elderly only) from the development. It is their interpretation of the O'Conner v. Village Green Owners Association (1983) 33 Cal. 3d 790 decision, which refers to age discrimination in housing, to mean that one cannot sell exclusively to elderly persons . The City of Petaluma interprets the decision to mean that minors may not be excluded from certain housing units but certain other units may legally be specifically designed. and planned exclusively for elderly owners, as in the case with Diamondhead. City Attorney Joe Forest read portions of the O'Conner Decision. Mr. Wesley Newbold of Bundeson's Realty, denied allegations of Diamondhead that they had been coerced in any way by any City staff inember. The Council took no action. LUTHER BURBANK ARTS CENTER The County of Sonoma had asked for City input on their proposed purchase of the Luther Burbank Arts Center (the former Christian Life Center) located at the intersection of Highway 101 and River Road-Guerneville north of Santa Rosa. However, on this date the Board of Supervisors withdrew their purchase offer so the City Council did not discuss the item. 346 October 11, 1983 RESOLUTION #9931 NCS CITY POLICY - BUSINE5S AN'D INDUSTRIAL DEVELOPMENT Resolution No. 9931 NCS stating City policy relating to Business and Industrial Development. It is intended that this be included in a new Chamber of Comn~erce brochure. Introduced by Councilman Battaglia and seconded by Councilman Bond. AYES: Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: None AB SENT : Perry Councilman Perry arrived at 8:10 p.m. RESOLUTION #9932 NCS MORTGAGE B.OND - ALLOCATION COMMITTEE The City Council considered a request from the Northern Division Building Industry Association for a Tax-Exempt Mortgage Revenue Bond Issue. The Building Industry Association requested initiation of proceedings with the City Council to obtain approval to apply for an allocation in the amount not to exceed of $60 million by the Mortgage Bond Al~location Comn~ittee. Proposed Participant Developers Participation Millions McBail Company 14.5 Jay Development 20.0 Young America Homes 6.5 Duffel Company 8.0 - Z. A. M. Enterprises 2. 0 Forus Company (Siri & Harte) 1,35 Kuykendall-Chatham Developers 8.0 $ -~ Resolution No. 9932 NCS authorizing application to the California State Mortgage Bond Allocation Committee for an allocation to permit the issuance of mortgage subsidy bonds. Introduced by Councilman Battaglia and seconded by Councilman Bond. AYESs Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: None ABSENT: None October 11, 1983 347 RESOLUTION #9933 NCS ~ MORTGAGE BONDS - DEVELOPER COMMITMENT LETTERS Resolution No. 9933 NCS authorizing the City Manager to sign and accept developer commitment letters committing projects and funds prior to that allocation. Introduced by Councilman Cavanagh and secondecl by Vice IVlayor Harberson. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None AB SENT : None SPARC APPOINTMENT This was continued from the September 19 meeting . At that time six Councilmen were present and the balloting resulted in a tie vote. On one ballot Byron Fauss received a majority vote. RECREATION COMMISSION The following persons had applied for the vacancy created by the resignation of Naney Read: Marvin Ashman, Cliff Cole, Douglas Haigh, David Pugh, Dusty Resneck. David Pugh received a majority vote of the Council. RECESS The Council recessed from 8:35 to 8:40 p.m. NEW AND UNFINISHED BUSINESS RESOLLTTION #9934 NCS AUTHORIZiNG ISSUANCE OF BONDS ~ ~ SPECIAL AS5ESSMENT DISTRICT # 10 NS Resolution No. 9934 NCS authorizing issuance of bonds - Special Assessment District # 10 NS. Bond counsel Brunsell presented this item. This resolution supercedes Resolution No. 9918 NCS adopted September 19, 1983. The only change is the maturity table on page 2. Introduced by Councilman Battaglia and seconded by Councilman Bond. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: None ~ AB SENT : None . 348 O ctober 11, 1983 RESOLUTION #9935 NCS ORDERING SALE OF BDNDS SPECIAL ASSESSMENT DISTRICT #10 NS Resolution 9935 NCS authorizing sale of bonds - Special Assessment District #10 NS. Introduced by Councilman Battaglia and seconded by Councilman Bond. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None ° ORDINANCE #1558 NCS RANCHO ARROYO BU,SINESS PARK Adopt Ordinance No. 1558 NCS amending. Zoning. ,Or.dinance No. 1072 NCS by rezoning Rancho Arroyo Business Park from M-L (Light Industrial) and FPC (Flood Plain Combining ) to P. C. D. (Planned Community District) and FPC (Flood Plain Combining) (Located generally between the Petaluma River and U.S. 101, Petaluma Blvd . North and Corona Road .) . AYES: Perry/Battaglia/BondlCavanaghlBalshaw/Vice Mayor Harberson/Mayor Mattei NOES: None ABSENT: None RESOLUTION #9936 NCS RANCHO ARRQY.O BUSINESS PARK Resolution No. 993 NCS approving the PCD Planned Community ~ _ Program for Rancho Arroyo Business Park located at Stony Point Road between Corona_ Road and Petaluma Blvd. North. ~. Introduced ' by Councilman Bond and seconded by Gouncilman Perry. AYES: Perry/Battaglia/Bond/:Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei • NOES: None ABSENT: None LAKEVILLE SQUARE APARTMENTS The following persons spoke: , Van Logan, Duffel Financial - developer Carl Wisser, architect of project . Ross Blackburn,. Duffel..Financial, controller Dom Clausen, tjkm, traffic consultants retained by the developer. The Council approved the on-site parking stall to apartment unit ratio o£ 2.2:1, Staff was asked to monitor parking stall usage in 4 apartment complexes in Petaluma to determine the actual usage ratio. Currently the City requires 2.5;1 parking spaces to apartment units. There was some question about the ratio of low/moderate income units and the number of years this low/moderate rental mandate should be in force; ten, twenty or forty years. The item was continued to October 17. O ctober 11, 1983 349 RESOLUTION #9937 NCS -- PACCIORINI ANNEXATION Resolution No. 9937 NCS approving issuance of a negative declaration of environmental impact for the prezoning and annexation of A.P. 19-203-12. Introduced by Councilman Battaglia and seconded by Councilman Perry. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None ORDINANCE #1560 NCS PACCIORINI ANNEXATION Introduce Ordinance No. 1560 NCS Prezoning A.P. 19-203-12 - Prezone 3.32 acres to R1-20,000 (Residential) and 1.98 acres to R1-40,000. Introduced and ordered posted by Councilman Cavanagh and seconded by Councilman Bond. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None AB SENT : None RESOLUTION #9938 NCS PACCIORINI ANNEXATION Resolution No. 9938 NCS Formation Commission to pursuant to the Municipal Introduced by Councilman Bond. making application to the Local Agency initiate proceedings for annexation Organization Act of 1977 ( 5. 3t acres) . Battaglia and seconded by Councilman AYES: Perry/Battaglia/Bond/CavanaghJB.alshaw/Vice Mayor Harberson/Mayor Mattei ~ NOES: None AB SENT : None RESOLUTION #9939 NCS PEDRONI ANNEXATION Resolution No. 9939 NCS approving issuance of a negative declaration of environmental impact for prezoning and annexation of A.P. 19-202-06, 07 ("I" Street and Terrace Avenue) . Introduced by Councilman Bond and seconded by Councilman Perry. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei ~ NOES: None . . . ABSENT: None 350 ORDINANCE #1561 NCS PEDRONI ANNEXATION October 11, 1983 Introduce Ordinance No. 1561 NCS prezoning A.P,. #19-202-06 and 19-2U2-07 3.5 acres to R1-20,000 and 1,.5 acres ~ to R1-40,000. Introduced and ordered posted ~ by • Councilman: Cavanagh and seconded by Vice Mayor Harberson. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: None ABSENT: None RESOLUTION #9940 NCS PEDR.ONI ANNEXATION Resolution No. 994'0 NCS making application to the Local Agency Formation Commission to. initiate proeeedings -. for. annexation pursuant to the Municipal. Organization Act of 1977•. ~~ (Vicinity of "I" Street and Terrace ~ Avenue. ) Introduced .by Councilman Battaglia and seconded by.:Gouncilman Perry. ~ ~ AYES: Perry/Battaglia/.Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: None ABSENT: None ~ PUBLIC HEARINGS RESOLUTION #9941 NCS ~ JEFFERSON STREET SEWER ~ . . . Resolution No. 9941 NCS approving . issuance of a negative declaration of environmental impact on Jefferson Street Sewer Project. ~ The p,ublic. hearing was opened, there being no public• ~ input, the public hearing was closed. . Introduced by Councilman Bond and seconded by Councilman Battaglia . ' AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None RESOLU.TION,#9942 NC5 . . DOCKS AT TURN.ING BASIN .. Resolution No. 9942 N,CS appr.oving issuance of a negative declaration of environmental impact.. on doeks . at the turning basin . The public hearing was opened, there being no public input, the , public hearing was closed. Introduced by Councilman Battaglia and seconded by Councilman Balshaw. AYES: Perry/Battaglia/Cavanagh/Balshaw/Vice Mayor HarbersonJMayor Mattei NOES: Bond ABSENT: None O ctober 11, 1983 351 STAFF REPORTS RESOLUTION #9943 NCS S.P. TRANSPOR:TATION v. BOARD OF EQUALIZATION Resolution No. 9943 NCS authorizing the Sonoma County Counsel to represent the City of Petaluma in litigation entitled "Southern Pacific Transportation Company, et al. , v. Board of Equalization of the State of California, et al. , in San Francisco Superior Court, No. 810433." This resolution authorizes the Sonoma County Counsel to represent the City of Petaluma in litigation initiated by Southern Pacific Transportation Co. , against California Counties & Cities for refund of taxes for prior years. Introduced by Councilman Harberson and seconded by Councilman Cavanagh. AYES: Perry/Battaglia/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: Bond ABSENT: None RESOLUTION #9944 NCS ' CO° ZONE NEGATIVE DECLARATION Resolution No. 9944 NCS approving issuance of a negative declaration of environmental impact on CO zone amendments as described in Ordinance 1562 NCS. Introduced by Councilman Perry and seconded by Councilman Bond. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None ORDINANCE #1562 NCS "CO" ZONE AMENDMENTS Introduce Ordinance No. 1562 NCS amending Zoning Ordinance No. 1072 - NCS by adding Sections 10-403, 10-403.1 and 10-403.2 conditionally permitting single-family residences and duplexes in C-O (Neighborhood Commercial) zones. Introduced and ordered posted by Vice Mayor Harberson and seconded by Councilman Balshaw. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None ABAG GENERAL ASSEMBLY Mayor Mattei appointed Councilman Balshaw as voting delegate and Councilman Perry as alternate delegate. 352 CLOSED SESSION October 11, 1983 The Council recessed to a Closed Session at 10: 45; p, m. .- ~ . ~~~c ~ Mayor Mattei .. ~ ~ 5~.ya- .. s. ~ t• '~: '-n L "J.~;~" ' __..- .ai. ~