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Home My WebLink AboutMinutes 09/06/1983September 6, 1983 325 CITY OF PETALUMA CITY COUNCIL MINUTES REGULAR ADJOURNED MEETING Tuesday, September 6, 1983 ROLL CALL 7:00 p.m. PRESENT ABSENT Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson Mayor Mattei None INVOCATION The Invocation was recited by Rev. Sean O'Hagen of the Four Square Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Cavanagh. MINUTES The August 8, 15, and 22, 1983, 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 Perry. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei ABSENT: None NOES : None RESOLUTION #9882 NCS CLAIMS AND BILLS Resolution No. 9882 NCS approving claims and bills. RESOLUTION #9883 NCS RESCIND RESOLUTIONS 98 2,98 3,98 4 NCS AND CANCEL NOV . ELECTION Resolution No. 9883 NCS rescinding Resolution #9862, 9863 and 9864 NCS Pertaining to a special election for an advisory ballot measure relating to the Sonoma County Junior College District. Sonoma County Junior College District~ previously requested that the City of Petaluma hold a Special Election to allow voters to encourage the City to expand its Sphere of Influence to have a Junior College Campus located in the vicinity of Frates Road and Lakeville Highway. Subsequently the Jr. College District dropped its option on ~the property and no election is required. 326 September 6, 1983 RESOLUTION #9884 NCS . APPOINTMENT - PLANNING COMMISSION Resolution No. 9884 NCS reappointing C. Glenn Head to the , Planning Commission for a four-year term to expire on June 30, 1987. RESOLUTION~ #9885 NCS . APPOINTMENTS-SPARC Resolution No. 9885 NCS appointing E. Clark Thompson and Fred Tarr to the Site Plan Architectural Review Committee to serve until June 30, 1985. RESOLUTION #9886 N.CS APPOINTMENTS - RECREATION, MUSIC AND PARKS COMMISSION Resolution No. 988 NCS appointing Robert Koenitzer, Charles Lewis and Hildy Wurzburg to the Recreation, Music and Park Commission for four-year terms to expire on June 30, 1987. RESOLUTION #988? NCS APPOINTMENT - PERSONNEL BOARD Resolution No. 9887 NCS appointing Godfrey Hartzel to the Personnel Board for a four-year term to expire June 30, 1987. ti ~ RESOLUTION #9888 NCS APPOINTMENT - HISTORICAL AND CULTURAL PRESERVATIO.N . . . COMMITTEE ~ • Resolution No. 9888 NCS appointing Jim Webb to the Historical and Cultural Preservation Committee and Terry Kosewic and Debbie Riddle as his alternates to serve until June 30, 1984. RESOLUTION #9889_ NCS APPOINTMENT - HISTORIC LIB.RARY AND MUSEUM COMMITTEE Resolution No. 9889 NC5 appointing Claudette AzeVedo, E.H. Hopkins and Lois R. Kluge to the Historic Library and Museum Committee to serve one-year terms which will expire on June 30, 1984.. RESOLUTION #9890 NCS AFFIRMATIVE ACTION PLAN FISCAL YEAR 1983-84 Resolution No. 9890 NCS approving "Goals and Timetables" for the Affirmative Action Plan for Fiscal Year 1'983-84'. The following 2 items were removed from the agenda: Resolution approving final map - Park Place VII Resolution approving final map - Park Place Medical Center * * * * * * * * * * * * END OF CONSENT CALENDAR * * * * * * * * * September 6, 1983 327 PETITIONS AND COMMUNICATIONS RESOLUTION #9891 NCS 5TH ANNUAL RIVER~ RAFT~ :. ; i„; ~;,, ,:~. ,' ; .-~ ~.~. ~: ' . ~ REGATTA ~ ~~ ~ Resolution No. 9891 NCS approving the closure.~;of~ Water ; Street between Western Avenue and Washington Street • on Sep.tember 17, 1983 for the hours of 9 a.m. and 4 p.m. for the fifth annual . , Petaluma. River ,Raft Regat;ta,. :,In,troduced by;~Vice,~Mayor,.Har,berson and seconded by Councilman Battagl,ia., : . . . . , . , „:._.;. , ~, ; AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor ,,,,_;.,,,,~._, :., H.,arb.erson/Mayor. M,attei NOES: None AB SENT : None PUBLIC HEARINGS SPECIAL ASSESSMENT DISTRICT #10 N. S. Robert Brunsell of Sturgis, Ness, Brunsell and Sperry, bond counsel for the proposed assessment district reviewed the actions to be considered by .the City Council. _ The Public Hearing was opened. The Mayor opened the hearing on the resolution of intention and the Engineer's ~Report for Special Assessment District No. 10 NS. No writ'ten protests were on file with the Clerk. Robert L. Nelson appeared on be~half ~ of ~:th~e::owners ;o~f A:ssess~ment Parcels No. 3 and No. 14 and made an oral protest to tlie amount of the assessment on two grounds : . . _ . :: ~ ~ , .. . > . . . . . - , l, that the amount assessed on a portion of the land was ,~based on its being "floodplain" land, -;whereas , the , land ~ ~appeared on existing federal maps as "floodway" land; ..,.,,, , -. ..; ~ :,i ~ ~ = , :t ~~: .. 2, that the protester's land was assessed for the cost of relocation of existing sewer line which was required by an alignment of the new Industrial Avenue for the benefit of all owners within the assessment district. The protest was responded to by Joe Burton, Engineer of Work. Mr. Burton, Mr. Nelson, City Engineer Hargis and Bond Counsel Brunsell responded to questions addressed by the City Council. The Public •Hearing was closed. The Council directed amendment of the Engineer's report in accordance with this decision and levied the assessment in accordance with the amended Engineer's report. The following five resolutions were adopted: 328 September 6, 1983 It was moved by Vice Mayor Harbersori -~ and seconded by Councilman Bond to allow the protest as to the designation of the land as floodway land. • ~ ~ ~ ~ -'~- = ~ ~' ~ ~~' ~~ AYES: Perry/Battaglia/Bond/Cavanagh/B'alshaw7Vice' Mayor~,~~,-' Harberson/Mayor Mattei ~ '~ ` ...,.. ~;NO•ES : G'= None~ . . ~ ~ , . . . ~. , . ABSENT: None The following vote results in a denial of the protest as to the relocation of the sewer line :~ It was moved by Councilman Balshaw and seconded by Councilman Perry to allow the protest on the change of assessment spread, of moving the sewer line from Amaral'.s property to the street. AYES: Perry/Balshaw/Mayor Mattei NOES: Battaglia/Bond/Cavanagh/Vice Mayor Harberson ABSENT: None RESOLUTION #9892 NCS OVERULING PROTESTS SPECIAL A5SESSMENT DISTRICT 10 NS Introduced by Vice Mayor Harberson and seconded by Coizncilman Batfiaglia. , . AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ~ • • ABSENT : None RESOL• UTION #9893 NCS ,. . , , .._~i ,.~~~: . PUBLIC NEC~ESSITY •~~,:,. •.,:. ~j~:., .~_t , ~.. . .. . , , .~,:,.,_,.,, .-;~ ~ ~ ~Resol'ution No.! 9893 NCS `fin~ding~- and~''deter'minirig•~that'"'tlie~`public ~~~~~ ~°~ conve'nien'ce an~d necessity ~require"the construction ~of improv'ements in Special Assessment District #10. Moved by Councilrrian Bond and seconded by Councilman Cava'nagh. AYES: Perry/Battaglia/Bond/Cavanagh~/Balshaw/Vice Mayor • Harberson/Mayor Mattei NOE5: None ABSENT: None RESOLUTION #9894 NCS ~ APPROVE .REPORT - ORDER ASSESSMENT . Resoiution No. 9894 NCS approves the arnended Engineer Report, confirms and levies each individual assessment, and orders the improvement in Special Assessment Distriet No. 10 NS. AYES: Perry/Battaglia/Bond/~Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ~ ' ABSENT: None September 6, 1983 329 RESOLUTION #9895 NC,S' ~ - ..~' :. ~ AUTHORIZING CHANGEr.ORDERS~. ~..: ~., . ~ - - ~ ! . , . .. ~~:~: SP.ECIAL ASSESSMENT ~DI5T,RICTr~#10 ~N.S. : - . . ~.~i ~ ... . ~ ~~- :_,•: :This~~ ~aut~horizes ~bhe:. Di~rector of Public Works to issue change orders up to the Contingency Amount of the eontract. Introduced by Councilman Cavanagh and seconded by Councilman Battaglia. AYES: PerryiBattaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None RESOLUTION #9896 NCS ENGINEERING SERVICES - REVISED AGREEMENT eso ution o. 896 NCS approving amendment to agreement for Engineering Services in the amount of an additional $48, 536. 00 - Special Assessment District #10 NS. Introduced by Vice Mayor ;., Harberson::and- seconded by Councilman Battaglia. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None • ABSENT: None , RESOLUTION AWARDING CONTRACT .. ~': , i' . . ~ .,;...'.;~i :; Because of the oral protest from Nelson, Amar:al :.et a1, ~ and potential for litigation, City Manager Scharer recomr~ended the the . ..=.~ r~ ; •: Council con~tinue• ~.this ~ itern:~ .to the• Septemb.er ,19 .meeting. Mr. - .~~ ,;;.Nels,on .• advised he wa~s~-~: not:~~prepared to agree ~:to: ~~a ~ Writ of Mandamus. : , ~ , ... - . . . . Mr. Walter Morgan;_.a representative of Birr, Wilson and Co. , the brokerage firm that. had. agr.eed to purchase :the bonds,, said his firm is amenable to the delay in awarding the contract to September ~ 19 . _ . RECESS The Council recessed from 8:25 to 8:35 p.m. GENERAL PLAN AMENDMENT LAKEVILLE SQUARE, APARTMENTS FRATEB ROAD AT ELY ROAD John Wagstaff of Wagstaff and Brady the consulting firm who prepared the draft Environmental Impact Report (EIR) summarized the findings in the EIR. The public hearing. was opened. There ..~ being .no ~:one ~wishing to sp.eak, the hearing was closed. . .... : . . , ~ , ~ . . .~ , ., , ..,:~ . ~. , I 33`0 September'6,•~198~3 RESOLUTION #9897 NCS 'IFYING THE FINAL EIR - LAKEVILLE SQUARE Resolution No. 9897 NCS certifying, appr.oving and adopting the final EIR and making findings with respect to substantial adverse effects in connection with the Lakeville Square Apartments' final Environmental Impact Report. Moved by Councilman Bond and seconded by Councilman Battaglia. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor ~Harberson/Mayor Mattei NOES : None ABSENT: None RESOLUTION #9898 NCS - LAKEVILLE S(JUARE Resolution No. 9898 NCS adopting an ameridment to the G'eneral Plan/Environmental Design Plan Land Use Element to designate the property for_'~ .Lakeville!_S.q.uare ~~Apartments'•- (~A.P. 17-040-12) to be designated Residential Urban Medium Density (15 units per acre-a change from Planned Residential 7 units~`per ~acre')_:~ ~:Iritroduced by Councilman Battaglia and seconded by._Co.uncilman .Perr:y `~ _`_ AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Mayor Mattei NOES: Vice Mayor Harberson ~ ' ~ ~'~`~ '~ ~ ABSENT: None ~ ~ '~~~'''' ~~ ' GENERAL PLAN AMENDMENTS: ~ Oak Street at Kentucky ~ Principal Planner Warren Salmons reviewed the proposed change from Urban High Density to Central Urban Commercial. The public hearing was opened. There were no public comments. The hearing was closed. Shasta Avenue - Northwest Pacific Railroad Tracks Principal Planner Warren Salmons reviewed the proposed change from Urban Low Density Residential to Service Commercial. The public hearing was opened; there being no public comment, the hearing was closed. Petaluma Ecumenical Project Lindberg Lane and Kresky Court. Principal Planner Warren Salmons reviewed the proposed change from Urban Low Density Residential to Urban High Density Residential. RESOLUTION #9899 NCS NEGATIVE D'ECLARATION-:___~_ ':___________-. . .' :~~ GENERAL PLAN AMEND,MENTS Resolution No. 9899 NCS approving ~ issuance ~'of':_ a-; Negative Declaration pursuant to the California's Environmental Quality Act for amendments to the General Plan/Environmental Design Plan Land Use Element listed in City Council Resolution No. 9900 N. C. S. Introduced by Councilman Bond and seconded by Councilman Battaglia. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None September 6, 1983 331 RESOLUTION #9900 NCS GENERAL PLAN AMENDMENTS: A.P, -162-O1 Oak Street/Kentucky Street A.P. 19-031-11 and 12 Shasta Avenue/Northwest Pacific R.R. • ~ Tracks- A.P. ?-471-37 and 38 Lindberg Lane and Kresky Court Resolution No. 9900. NCS approving General Plan/Environmental Design PlanlLand .Use~Element.`_.as foll'ows:.___ . l. Remo Ribizzo - (Oak Street/Ken.tucky ::=St'r.eet) Requesting a General Plan/Environmental Design Plan Land Use Element amendment from Urban~~High Density (20 units pe r acre) to ~ Central~`"Urban Commercial designation for A.P. #6-162-01. 2. Gottfried Stonitsch - (Shasta Ave. /RR Tracks) Requestin g a General Plan/Environmental Design Plan Land Use Element amendment from Urban Low Residential to Service Commercial on A. P. Nos . 19-031-11, 12 located in the vicinity of Shasta Avenue and Northwestern Pacific Railroad. 3. Petaluma Ecumenical Pro'ect . - (Lindberg Lane Kresky Court) Requesting a General Plan/Environmental Design Plan Land Use Element amendment from Urban Low Density Residential to Urban High Density Residential for A.P. No.'s ?-471-37, 38 located at Lindberg Lane and Kresky Court . Introduced by Councilman Battaglia and seconded by Councilman Bond. . , Ayes: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/.Mayor Mattei , N,OES : None. , - __ .:_ _.~___ . .__ ._--- -- ~--~- - ~----- ABSENT: None RESOLUTION #9901 NCS SOROPTIMIST GIFT - LUCCHESI PARK Resolution No. 9901 NCS authorizing an. agreemerit ~~ with the Soroptimist International of Petaluma, Inc. to purchase `playground .._ equ~ipment for the Tiny~Tot a~rea at L-ucchesi Park. ~~Introduced by ..._...C.ouncilman Cavanag,h~.and seconded by Councilman Perry.. . AYES: Perry/Battaglia/Bond_/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei . NOES : None . ABSENT: None i 332 Septem\ er 6, 1983 STAFF REPORTS ~. ~ . ~ . ORDINANCE 1555 NCS --::--- - -- . ---~~ - • --~-- ~ ~ -~ - - . . TAX RATE DEBT SERVICE • ,, , :. . .. , .. Introduce, adopt, and order published Ordinance-=1555 NCS levying rate of taxation . upon .the assessed. valuation -for. ~~the ,~Fiscal Year July 1, 1983 to June 30, 1984. The rate of taxation for debt . _•service ..upon ,_.each ,Qne _ .Hundr.ed , ($100.00.),_ valuation_ ..of said property shall be .$..022.: Introdueed by. Councilman~ ~,Bond and seconded by Councilman Cavanagh. ~. AXES: Perry/Battagiia/Bond/Cavanagh/.Balshaw./Vice Mayor Harberson/Mayor Mattei . ~ N.OES : . None ~ ABSENT:. None . RESOLUTION #9902 NCS TRUGK BODY ANIMAL CONTROL Resolution No. 9902 NCS authorizing the purchase of specified body for Animal Control vehicle in the amount of $5,14U.00 plus tax. Introduced by ~Councilman Perry and seconded by Councilrnan Battaglia. • - AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor ~ . Harberson/Mayor Mattei _ • ~ NO~ES : None. . = . ABSENT: None ~ ~ RESOLUTION #990.3 .N.C5°, ~ - ~~~ • ~ ~ -~ ~ ~ ~ ~ ~ ~~ ~ STREET SWEEPER ~~~ Resolution No. 9903 NCS authorizing the Emergency purehase of a ~ Regenerative Air-Tymco 600 Gasoline Street Sweeper ~~from•' G. CS ., ~ Inc. , 2419 Cellara Way, West Saeramento, CA; the purcha'se price . .._. ... is ~ not. to exceed ~$6~7,.520... •--In~trodu¢ed' 'by -Gouncilman--Perry and seconded by Councilman Battaglia. - - ~ -• `~ - ~~~ AYES: Perry/Battaglia/Bon,d/Cavanagh/Balshaw/'Vice Mayor Harberson/Mayor Mattei ~ ~ NOES : None ABSENT: None _ •,_ ..~. ORDINANCE #1556 NCS ~ ~ SPARC MEMBERSHIP Introduce and order published Ordinance No. 1556 NCS revising membership for Site Plan and Archi~tectural Review Committee. Introdueed by Vice Mayor Harberson and seconded by Councilman Perry. AYES: Perry/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : B,attaglia/ Bond ABSENT: None Sep.tember 6, 1983 333 RESOLUTION #9904 NCS _ . .. . ALLOTMENTS AP.ARTMENT.S.. Establishing quotas for the Residential Development Control System -_ for the 1983 construction year and establishing city-wide area where allocations may be awarded pursuant to said quotas. City-wide Allotment Quota - 1983 and Estimates 1984 and 1985 Const. Housing Unit 2-year Dwelling Unit Allotment Year Backlog Projection at 5 o Quota Population Growth Per Year 1983 1,115 du. 1,444 329 du. 1984 777 est. 1,517 est. 740 est. 1985 815 est. 1,592 est. 777 est. Introduced by Vice Mayor Harberson, seconded by Councilman Balshaw. AYES: Perry/Battaglia/Bond, Cavanagh, Balshaw, Vice Mayor Harberson/Mayor Mattei - NOES : None ABSENT: None RESOLUTION #9905 NCS ALLOTMENTS 1983--ESTIMATES FOR 1984 & 1985 - Resolution No. 9905 NCS establishing 1983, 1984, 1985 quotas for . the re-award of unused allotments from: 1980 (252 dwelling units) ; 1981 (63 dwelling units) ; and 1982 (237 dwelling units) . These 552 dwelling units may be awarded for the construction of apartment dwelling units in either the 1983, 1984 or 1985 construction years. Introduced by Vice Mayor Harberson and seconded by Councilman Balshaw. AYES: Perry/Battaglia/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES : None ABSENT: None RESOLUTION #9906 NCS DIAMONDHEAD-LOW INCOME UNITS Resolution No. 990 NCS authorizing the Mayor or City Manager to accept Units 5 and 49 of the Diamondhead Inc. Development on behalf of the City for use as low income housing pursuant to the terms of that certain agreement dated January 12, 1981. Introduced by Councilman Battaglia and seconded by Vice Mayor Harberson. AYES: Perry/Balshaw/Bond/Cavanagh/Balshaw/Vice Mayor Harberson/Mayor Mattei NOES: None ABSENT: None 334 September 6, 1983 CLOSED SESSION The Council recessed to a Closed Session at 10:05 p.m. ATTES : ~ i_ L • _ J: .. 1 • i y Clerk Bernard ...~ ~ Mayor Mattei , ~ . . ..-~_f:. 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