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HomeMy WebLinkAboutMinutes 05/01/1995May 1, 1995 Vol. 29, Page 89 1 MINUTES a i OF A REGiJLAR MEET'ING s ~ PETALiJNIA CITT~" COUNCIL, a MONDAY, MA~' 1, 1995 s RO~L CALL 3:00 p.m. 6 Present: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss ~ Absent: Barlas (attending a Sonoma County Transportation Authority meeting) s COUNCII, COlYIMENT 9 Mary Stom~pe - she commended the Chamber of Commerce and others for the successful io Butter and Eggs Day. i i Nancy Read - she presented a City proclamation to the Veterans of Foreign Wars and they ~2 were very appreciative. i3 1VIINIJTES ia The minutes of the April 17 meeting were approved as amended: is Page 83, Line 39 - Highway 101 is 37 years old and it is 17 years beyond... i6 Page 84, Lines 23, 24 - The No votes represented opposition to widening the freeway at i~ all unless it is part and parcel of a whole transportation plan. is CONSENT CALENDAR i9 The following items which are noncontroversial and which have been reviewed by the City 2o Council and staff were enacted by one motion which was introduced by and seconded by. 2i Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 22 Noes: None 23 Absent: Barlas (attending a Sonoma County Transportation Authority meeting) 2a 1tES0. 95-102 NCS zs ~ CLAIMS AND BILLS 2~ Resolution ~95-102 NCS approving Claims and Bills #44138 to #44639. a~ R~SO. 95-103 NCS 2s WEED CONTYtACT - GIUS~'I I2ANCH 29 Resolution'95-103 NCS awarding contract for weed abatement to Angelo Giusti of Giusti 3o Ranch, Forestville. The hourly rates are as follows: Disking -$48.00, Mowing -$48.00, 3i Hand work -$18.00, Blade work -$48.00. 3z ItESO. 95-104 NCS 33 C~IVIPLETION - OLD REI)WOOD ~IWY. PAASE 1 34 Resolution:95-104 NCS accepting completion of Old Redwood Highway, U. 5.101 3s Improvements, Phase I Project 9821. Page 90, Vol. 29 May 1, 1995 i RESO. 95-105 NCS ~ z CLAUDIA C'LEAVER, ROSS PARKERS~N 3 MATERNIT~' L~AVE -~ SPARC ~ ; 4 Resolution 95-105 NCS authorizing six months maternity leave from the Site Plan s Architectural Review Committee for Claudia Cleaver and appointing Ross Parkerson to ~ fill in for her during tfiat time, ending October 31, 1995. ~ ' * * * * * End of Consent Calendar * * * * * s RESO. 95-106 NCS ~ 9 CHANGE BiTDGET SUBMITTAI. DATE io Resolution 95-106 NCS authorizing a change in the Charter requirement ofsubmitting the ii budget to the City Council from the first meeting in May t~ the first meeting in June. for ~2 the 1995/96 budget only. Introduced by Vice Mayor Read, seconded by Matt 1Vlaguire. i3 Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss ia Noes: None is Absent: Barlas i6 TEEN PROGRAM STATUS ~~ The supervisor fo'r the Teen Programs begins work this week. The first task to be is completed by her ~is a listing of the needs of the teen center (Kenilworth Community i9 Center). zo RESO. 95-107 NCS ~ zi 1995 TAX & REVENYJE ANTICIPATION NOTE 22 Resolution 95-1071NCS authorizing and approving (1) borrowing of funds for fiscal year z3 1995-96; (2) issuance and sale of a 1995-96 Tax and Revenue Anticipation Note, and (3) z4 participation in the California Communities Cash Flow Financing Program pursuant to zs Government Code'§53850 to §53858. The maximum amo~xnt of the borrowing will be $4 2~ Million. 2~ Introduced by Matt Maguire, seconded by Lori Shea. zs Ayes: Shea, Maguire, Stompe, Hamilton, Wice Mayor Read, Mayor Hilligoss z9 Noes: None ~ 3o Absent: Barlas 3~ BURBANK HOiJSING - ~OI,IDAY iNN s2 Staff submitted th'e following information about the pro~~osal of Burbank I-Iousing to 33 obtain the Holiday~Inn on Santa Rosa Avenue in Santa Rosa for a homeless facilify. This 3a would include 104~ residential rooms, 250 parking spaces, a day center, overnight shelter, ss provision of rehabilitation services and 68 single hotel rooms. In addition to the 36 residential rooms, ; there are the banquet, conference, anc~ "Shapemaker" areas of the . s~ facility which could be used for a part of the shelter program. May 1, 1995 Vol. 29, Page 91 i Arnold Sternberg of Burbank Housing noted the kitchen could be used as a job training a facility. TNere are several non-profit groups coming together to work towards the goal of 3 utilizing the Holiday Inn facility for the homeless, for those in transition between homeless a and self-sufficiency, and for counseling assistance. Catholic Charities and Burbank s Housing are the two main non-profit organizations involved at this time. Mr. Sternberg 6 feels the facility should be self-sustaining in ten years. The Council felt if the Holiday Inn ~ were opened for a shelter, there would most likely be a need to have a shelter facility here s in Petaluma, too. The amount of $500,000 will be needed from the County itself, as the 9 facility is located in the County. The Council nodded their heads in support of this effort . ~o to develop a county shelter facility at the Holiday Inn on Santa Rosa Avenue, Santa Rosa ~~ (but outsid'e of the city limits). Each city in the county woutd be asked to participate iz financially. ~ John Records of Committee of the Shelterless (COTS) said this looks like a is "dream come true." i ia lt was noted that the Federal Department of Housing and Urban Development supports is this type of proposal, and tentative approval of the project has been received from them. i6 Assemblywoman Jackie Speier (South San Francisco - District 19) has submitted ~~ proposed legislation to the State Legislature which would enable cities to give some of is their redevelopment money to a facility which is located out of the city's jurisdiction, if i9 that redevelopment money was meant to be used for the homeless people. A letter will be 2o sent by thelMayor to the California Legislature supporting Assemblywoman Speier's bill, zi and a letter will be sent to Housing and Urban Development in support of this project. 2z 23 RESO. 95-108 NCS E. WASHINGTON WATER TANK 2a Resolution'95-108 NCS authorizing staff to solicit bids for re-coating the interior of the zs East Washi'ngton Water Storage Tank #1, which is a 1967 welded steel, 2 million gallon z~ water tank.' Staff has been advised by a specialized registered construction inspector and 2~ by a corrosion specialist that the tank's entire hot coal tar lining needs corrective attention. 2s The cost is: estimated to be $250,000. In light of the specialists' findings for this tank, 29 staff is recommending that a tank consultant look at the City's other three older steel . so water reservoirs to determine whether or not they need the same type of restorative s i treatment. Introduced by Matt Maguire, seconded by Lori Shea. 32 Ayes: Sl~ea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 33 Noes: None 34 ~ Absent: Barlas 3s CI~OSED SESSION 36 The Council recessed to Closed Session for the following items: s~ Conference with real property negotiator pursuant to Government Code §54956.8. The 3s property is! 16 Cedar Grove Park (3.9 acres). The negotiating parties are the City of 39 Petaluma, Allan Holmberg, and the Agticultural Preservation and Open Space District. ao Under negotiation is authorization to negotiate and instruction to negotiator concerning 4i the price and terms. az Liability Claims pursuant to Government Code §54956.95. The claimant is Albert 43 Terribilini, Jr., and the agency is the City of Petaluma. a4 Conference; with Legal Counsel regarding litigation pursuant to Government Code 45 §54956.9, Western Marina Charters, Inc., d.b.a. Petaluma River Company vs. City of 46 Petaluma Oase No. C95-0805 T.E.H. a~ There were' no reportable actions from the Closed Session. Page 92, Vol. 29 May 1, 1995 i They adjourned to idinner at L• ittle Steamer, 54 East Wasfiin~;ton Street. t 2 RECONVENE AND ROI,L CALI, 3 Present: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss a Absent: Hamilton , . ~ s PLEDGE OF ALLEGIA~NCE ~ Chief Building Inspector Joe Kagan led the Pledge of Allegiance to the Flag. . ~ MOMENZ' OF SII,ENCE s PUBI.IC COMIVIENT' ~ 9 Natalie Tenn from ~Garbage Reincarnation brought brochure5 for the Council members. io COUNCII., COlVIMENT' ii Lori Shea - asked to have an item on the next agenda to disc;uss and set a policy on a City iz Council.Code of Conduct. i3 ------ she also asked to have an item on the next agenda to discuss land use issues at the ia Gateways to the City is ----=- regarding ~proclamations, other cities do something rnore than that, and she would i6 like that discussed,~ also. .aa.¢- m~~ c~u~.~.o~ cM ~u-~- 9~( . i~ Matt Maguire - thanked those persons who came out for t:he public forum last Monday is night. He would like the evening to be less formal with no speaker cards which are a i9 barrier to expression. His preference is an open microphone. Perhaps we could discuss 2o that before the next forum. 2i Jane Hamilton - there was a meeting with the Vice Mayor and the Army Corps of z2 Engineers. She agreed there may be a need to do something about individual 2s Councilmember actions. This would be a good agenda item z4 ------ there are a number of projects coming up regarding the river. She suggested a 2s workshop would beneficial to the council and to the public, especially a delineation of how 2~ all the river projects are related. She would like to see that scheduled for discussion at a z~ Council meeting very soon. ..arz~. ~"~, m, ~~~ q~ zs Carole Barlas - went to a Presidio conference last week. Am item that was discussed was 29 called "sustainable development." She noted this would include a direct information 30 "pipeline" between the Federal Government and local government. She offered to share 3i the printed information she had received. 32 Vice Mayor Read ~- she congratulated the Butter and Egg Day Parade participants and 33 planners. May 1, 1995 Vol. 29, Page 93 i Mary Stompe - she thanked the community for participating in the first community 2 meeting. Perhaps the focus of the next meeting could be the budget along with a s discussion of restricted and unrestricted funds. a------ she talked about police and fire dispatch needs. She asked that this be discussed by s the Council~ before the budget is finalized. 6------ she tlianked staff for addressing essential services for people who are homeless. i ~ PROCI,AMATIONS s Mayor Hilligoss read a proclamation stating Thursday, May 4 is Bike to Work Day. The 9 proclamation was accepted by Pat Brown from the Bicycle Committee. ~o Mayor Hilligoss also read a proclamation naming May as `Shop in Petaluma" month. ii Kathleen Doyle, President; Onita Pellegrini, Manager; and Theresa Hedges were present r2 to accept tlie proclamation. i3 ~ ItESO. 95-109 NCS ia 334'/z BOI)EGA AVENUE is ORDER '~'O SHOW CA~JSE I i6 Resolution!95-109 NCS declaring certain conditions of the property at 334'/2 Bodega ~~ Avenue to be a publie nuisance and ordering said nuisance to be abated. The violations at is 334'/z Bodega Avenue have been the subject of staff action since April, 1992. The result i9 of the eleven letters sent by the City Attorney's office over a two year period resulted in zo some progress towards improvement of the property; however, the promised 2i improvements have never been completed. In October of 1994, the Planning Commission 22 granted Mrs. Heifner a 45-day grace period to rectify all violations. 5he has submitted a3 plans for a~ building permit. Those persons who spoke were administ~ered the veracity za oath. Principal Planner Jim McCann reviewed the history of the nuisance, as outlined in zs the staff report on the item for this Council meeting. He said it appears that the property 26 owner is making some progress but the actions being taken are very late. The public 2~ hearing was opened and the following persons spoke: 2s Jim Mellin,, 810 North Webster - he moved there 4 years ago and the noise emanating z9 from the subject property has made life there most uncomfortable. He is not in a position 3o to sell and~ move because of the present state of the economy. He `begged for real si consideration on this." He asked for some normalcy to come into their lives. 32 Mr. Mellin read a letter from Mr. Spiro of 7 Wallace Court - Mr. Spiro commented about 33 noise, beer~ cans, debris over the back fence. He noted that the building officials were 3a quite strict with his home construction and he had assumed they saw what was going on in 3s the neighborhood. There is no peace. s6 Mary Paula, 340 Bodega Avenue - she has lived there 27 years and is concerned about s~ safety. He'r fence alongside the driveway access to the subject property was damaged by ss vehicles so often, they moved it back 2 feet onto their own property to save the time, 39 wear, tear and cost of repeatedly fi~ng the former fence. ao Adele Schrierderect, 814 North Webster - she expressed the same views as her neighbors ai did . Their view of the subject property is of a junkyard, the all night noise, the foul 4z language, the boards have been kicked out of their fence, the auto repair still persists. She as wrote the Mayor a letter two years ago about this problem. There is no glass in the aa windows. She said she would appreciate the Council's consideration on this. .q,.l.;c, .„,~~ ~,. Page 94, Vol. 29 May 1, 1995 c.,'Y-?~i.. ^~f . i Eric Swift, 330 Bodega Avenue -"Nuisance is a nice worci to describe the hell we have 2 gone through." During the time he has been there, there has been a drug arrest, constant 3 tenant problems, loud rap music, and an endless nightmare for years. She hasn't made any a progress. Please ei d this for us. The hearing was closed. s As the Council liaison to the Planning Commission, Councilmember Stompe said the 6 neighbors have been very patient. It has affected their quality of life. The City has tried to ~ work with the ownier over and over again. s Tlvs nuisance abatement action is only for the kitchen facilities at 334'/z Bodega Avenue. 9 It does not take irito account the noise. Councilmembers asked that the noise and auto ~o repair be looked into as welL The resolution to abate the nuisance was introduced by i i Matt Maguire and seconded by Vice 1Vlayor Read. i2 Ayes: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss i3 Noes: None ~ 14 Absent: Hamilton is RESO. 95-110 NCS ~ . i~ HOSPICE - 416 PAYRAN - NEG. DEC. ~ ~~ Resolution 95-110 NCS adopting a mitigated negat' e declaration of environmental ~s impact pursuant to the California Environmental Q lity Act and City guidelines for ~9 rezoning of the new Hospice Of~ice location at 4 Payran Street, The project was 2o reviewed by Planning Director Pamela Tuft. avi Doss f'rom Petaluma Valley Hospital 2i thanked the City for ~ts cooperation, which he sai has beeri excellent. He suggested that 22 if anyone wished to, they could help with some of the building expenses, such as a 2s donating something or some money for the "backyard." Introduced by Vice Mayor Read, za seconded by Carole Barlas. 25 Ayes: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss 26 1Voes: None ~ 27 Absent: Hamilton 2s ORI). 1979 NCS 29 HOSPICE REZONE -41'6 PAYRAN STREET 3o Introduce Ordinance 1979 NCS authorizing rezoning of property at 416 Payran Street 3i from Light Industrial to Planned Unit Development. This is to be the location of the new 32 Hospice Administrative offices. Introduced by 1Vlatt Maguire, seconded by Lori Shea. ss Ayes: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss 34 Noes: None ; 35 Absent: Hamilton 36 H~SPICE P~D I 3~ The City Council! discussed the proposed resolution establishing the Planned Unit 3s Development standards for the newIIospice ~4dministrative Office. This resolution will be 39 adopted along witli the ordinance at the next meeting. ' May 1, 1995 i Vol. 29, Page 95 I~SO. 95-111 NCS 2 ~ ADOBE CREEK S~JBI)IVISION 3 Resolution; 95-111 NCS adopting a mitigated negative declaration of environmental a impact for ~Adobe Creek Unit II, Phase 2(accessed from Falcon Ridge Drive, a private s road). Staff reviewed the proposed changes, which have also been reviewed by Tom 6 Furrer of the United Anglers at Casa Grande High School. They have been working very ~ hard to save Adobe Creek as a fish spawning area. Since the project was originally s approved, the home sales to new property owners have been to younger couples with 9 children wliich was not the anticipated market. As a result of that change in market, the io developer tias asked for permission to develop a park which the Council was assured will ii not be utilized by the golfers. Introduced by Carole Barlas, seconded by Matt Maguire. 12 Ayes: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss 13 Noesc None 14 ! Absent: Hamilton is i RESO. 95-112 NCS i~ I ADOBE CREEK SiJBDIVISION - AMENDED D~VELOPME_NT PLAN i~ Resolution 95-112 NCS approving the amended Planned Unit Development Plan for Unit is II, Phase 2, of the Adobe Creek Golf and Country Club located between Casa Grande and i9 Frates Road. Introduced by Vice Mayor Read, seconded by Mary Stompe. 2o Ayes: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss 21 ~ Noes: None 22 ~ Absent: Hamilton 23 I 0~2D. 1980 NCS z4 ADOBE CR~Eiz SUBDIVISION DEVEI,OPMENT AGREEMENT zs Introduce Ordinance 1980 NCS amending the development agreement for Adobe Creek z6 Subdivisiori, Unit II, Phase 2. The development has gone through several changes, The a~ development agreement was originally executed by Duffel Financial, then J.Grande, which zs changed to~J.G. Orbis. In the beginning it was called Muirwood Golf and Country Club. 29 Introduced iby Matt Maguire, seeonded by Carole Barlas. 3o Ayes: Shea, Maguire, Barlas, Stompe, Vice Mayor Read, Mayor Hilligoss 3 i Noes: None 32 Absent: Hamilton 33 RESO. 95-113 NCS 34 ME~RINE~ - ~CD 3s The Council considered the proposed resolution to amend the Petaluma Marina Office 36 Complex Planned Community District to allow fast food restaurants with the addition of 3~ drive-through facilities as conditional uses on the 3 parcels in the most westerly corner of 3a the property, a triangular shaped parcel bounded by a Sonoma County Water Agency 39 Channel, L'akeville Highway and the Marina parking lot. When the Marina zoning was ao adopted, th;ere was approval of a fast food restaurant on site, but there was not approval ai of the addition of a drive-through facility as part of a fast food operation. The a2 owner/operators of the Marina complex are applying for an amendment to allow a drive- a3 through fa'st food operation. This was approved at the Planning Commission and 44 recommended by them to the City Council. t. ~ , ~ ~> ,~': . , Page 96, Vol. 29 May i, 1995 ~ i Mr. Coombs, partner of the Marina complex, advised the Council that the fast food z businesses have declined to locate within the business park due to the "no drive-through" s condition. He said they are going to construct a one-way east bound entrance onto the 4 property at the most westerly corner. This would improve eastbound entrance onto the s property from Lakeville Highway. He said they have pers~vered, and they are asking for ~ the Council's help, and are asking to be credited for doing a good job. ~ Staff suggested the Council could consider an option available through the PUD approval s process is to stipul'ate that the conditional use permit for that restaurant or its design must 9 come to the Council and not rest exclusively with the Planning Commission and/or Site io Design Architectural Review Committee. Mr. Coombs said they would have no problem ~i with that whatsoe~~er. iz Council comments~ i3 That is a unique area, and it does not need a drive-through restaurant. McDonald's, a fast ia food restaurant, is ~close by. This is an upscale place. It would be a mistake to rely on a is drive-through fast food restaurant thece. Our Gateways ar~e saturated with neon and fast ~~ food. I am not for three fast food drive-through restaurants at this site. ~ i~ According to the Planning staff analysis of the proposal, "the concerns raised in 1991 is related to aesthetics. and traffic associated with fast food uses, and the potential diversion i9 of traffic from the ~freeway into the business park. Food service uses witfiin the Planned 2o Community District are primarily intended to serve the needs of the office, potential hqtel 2i use within the business park, marina activity, and surrounding local development. There is i2 a concern that fast food would bring highway traffic there. This automobile oriented as nature of fast food uses could detract from the pedestrian and water-oriented focus of the za marina development." i zs At the time of approval, it was known there would be fast foods, beeause it is the z~ confluence of Hig}iway 116 and Highway 101, :so we will have services to the traveling 2~ public. If it's going to take one restaurant with a fast food to bring in the Hungry Hunter 2s or bring in the Mane Callender's restaurant, then we need to look at that together. z9 The sign of the tim'es is the only successful type of fast food is a drive-through. Three fast 3o food. The Petaluma City Councils before I came into office have been criticized on a 3i couple of major project, the sign is one, the auto mall is one, the discount mall is one, and 32 we might be able to point fingers and go back and say well we are getting a sales tax now 33 from this and the other but there has been often criticism about the kinds of decisions the 34 Council is making ~ around ambiance kind. of decisions, how we want our . community to 35 look, what we feel `about our community. My sense since I have been on the Council and 3~ talking to people most people would probably sacrifice another fast food restaurant to try 3~ to keep Petaluma more umque in its character. t?Vhat are we becoming? What are we sa choosing to be in our community? There are many other kinds of small restaurants, kinds 39 of delis and sandwich shops and things like that that seems to me could work in lieu of ao another national or; multi-national fast food chain here. ~ Do we want to continue to have a ai city which is unique and special in our area? . May 1, 1995 Vol. 29, Page 97 i It appears that the applicant has attempted to bring in different types of restaurants and a has been unsuccessful at this point. There is another group of people that may not be s served in t}iat location by a regular upscale nice restaurant and that is the boaters that use a the Marina! After spending a day on the river, one does not feel presentable to go to a s regular rest'aurant. 6 There was ~ Councilmember feeling that no action on this proposal would result in no ~ change in the currently approved zoning, and the Marina Office Park would still have the a right to have fast food restaurants without a drive-through. io ~~ ia 13 ia is Resolution 95-113 NCS rejecting a proposed amendment to the Marina PCD zoning regulations by virtue of a motion which follows: It was moved by Carole Barlas, and seconded by Matt Maguire, To deny the proposal. Ayes: Shea, Maguire, Barlas, Noes: Stompe, Vice Mayor Read, Mayor Hilligoss Absent: Hamilton i6 The Council Rules and Regulations were reviewed to determine the result of the tie vote: ~~ Since 1950~ the Council Rules and Regulations have stated the following wording relating ia to a Tie Vote: "Tie Votes. In case of a tie in votes on any proposal, the proposal is i9 considered lost." City Manager Scharer advised the proposal is lost; the Planning 2o Commission recommendation is lost. zi MEETING WITH BRIGAD~R GENERAL - CORPS OF ENGINEER zz Vice Mayor Read reported on a March 13,1995, meeting with the U. S. Army Corps of ~3 Engineers Planning Agency attended by the Mayor and Vice Mayor in Washington, DC z4 Their suggestion to the city was to continue to deal with the `District." The `District" is zs all of the South Pacific, which District is headquartered in San Francisco. The meeting 26 with the District was set up with the help of the Washington, DC, office. z~ On April 20, 1995, the Mayor and Vice Mayor met with Brigadier General Scott and his zs Planning D:epartment in San Francisco. The U. S. Army Corps planning people were 29 aware of the status of the flood mitigation project and were understanding about the time so lines that t}ie City is going through. ~~v~ si Mayor Hill'igoss noted the thing they went~own to San Francisco to meet them and to say s2 that Petaluma is still interested in what~?j and to get a letter of permission to dredge the ss accumulated silt from the Turning Basin. They said that they would hurry the approvals 34 for the dredging. The permit has to go around to all the different agencies for approval. ss Staff asked for a status report on the afternoon agenda under unfinished business where 36 there is a'staff report on the flood mitigation count down to when it's going to be 3~ completed. ~ Perhaps we could have this report once a month. S:i1Fd= ~$+•~" Page 98, Vol. 29 May i, 1995 i z At 9:15 p.m. the meeting was adjourned. 3 4 5 f~TTEST: 6 ~-- • ~ ~ I ~ Patricia E. Bernard, City Clerk I I y'~~it ;~L'F': ADJOURN