HomeMy WebLinkAboutMinutes 11/16/1992November 16, 1992 Vol. 27, Page 203'
1 MINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, NOVEMBER 16, 1992
4 3:00 p. m. ROLL CALL
5 PRESENT: Read, Davis, Vice Mayor Cavanagh, Mayor Hilligoss*,
6 Sobel*, Nelson
7 ABSENT: Woolsey
8 *Hilligoss arrived at 3:20, Sobel arrived at 3:30
9 PUBLIC COMMENT
to Fred Ptucha, President of the Sister Cities-Santa Rosa-Cherkassy introduced Sasha P.
11 Alexander Krainiy of Cherkassy Oblast, Ukraine, who spoke to the Council requesting
12 they look favorably at their area for a sister city. It was noted Santa Rosa has established
13 a sister city and Sebastopol is looking favorably at a sister city relationship in the
14 Cherkassy Oblast, Ukraine, area. He noted there are 25 cities in the Cherkassy area
15 which are on a river. Connie McClain and Leslie Beason spoke in favor of the request as
16 did newly elected Councilwoman Carol Barlas. The City Manager noted this will be
17 placed on a future agenda and the Council will receive a report on the cost and the
18 process.
19 MINUTES
20 The November 2 minutes were approved as amended:
21 Page 187, Line 7 -note that Woolsey was absent;
22 Page 187, Line 19 -add, "The slick finish to the water based striping paint is the cause. "
23 Page 190, Line 35 -change "sweat equity" to "low income housing ".
24 Page 191, Line 47 _ correct spelling of "golf course"
25 CONSENT CALENDAR
26 The following items which are noncontroversial and have been reviewed by the City
27 Council and staff were enacted by one motion which was introduced by Vice Mayor
28 Cavanagh, and seconded by Michael Davis.
29 AYES: Read, Davis, Nelson, Vice Mayor Cavanagh,
30 Mayor Hilligoss
31 NOES: None
32 ABSENT: Woolsey, Sobel
33 RESO. 92-288 NCS
34 CLAIMS AND BILLS
35 Resolution 92-288 NCS approving Claims and Bills #23628 through #23945.
36 RESO. 92-289 NCS
37 MOUNTAIN VALLEY PHASE 1B -AMENDED FINAL MAP
38 Resolution 92-289 NCS approving the amended final map for Mountain Valley
39 Subdivision Phase 1B.
Page 204, Vol. 27
November 16, 1992
~ RESO. 92-290 NCS
2 ~2UEST' SCWA ACCEPT ,MAINTENANCE OF CAPRI CREEK
3 Resolution 92-290 NCS requesting the Sonoma County Water Agency (formerly called
4 the Sonoma County Flood Control and Water Conservation District)' to accept
5 responsibility of Capn Creek maintenance.
6 ORD. 1908 NCS
7 EDEN IIOUSING OPTION FOR CORONA RANCH
s Adopt Ord. 1.9087 NCS authorizing Eden Housing to exercise .its option to acquire the
9 Corona Ranch affordable housing site.
io ORD. 1910 NCS
i i SONOMA GLEN ESTATES
12 Adopt Ord. 1910 NCS rezoning Sonoma Glen Estates from PCD to PUD.
13 RESO. 92-291. NCS
14 APPROVE DEVELOPMENT PLAN SONOMA GLEN ESTATES
~5 Resolution 92-291 NCS approving the development plan and standards for Sonoma Glen
16 Estates Subdivision.
17 RESO. 92-292 NCS
is APPROVE TENTATIVE MAP FOR SONOMA GLEN ESTATES
19 Resolution 92-292 NCS approving the tentative map for Sonoma Glen Estates.
20 * * * * * End Consent Calendar
21 RESO. 92-293 NCS
22 PG&E TRANSFORMERS POLICY
23 Resolution 92-293 NCS adopting a policy requiring underground placement of utility
24 transformers in residential developments. This resolution confirms Council action of
25 October 19. (Mayor Hilligoss arrived at the beginning of the discussion.) Introduced by
26 Michael Davis, seconded by Nancy Read.
27 AYES: Read, Davis, Nelson, Mayor Hilligoss
28 NOES: Vice Mayor Cavanagh
29 ABSENT: Woolsey, Sobel
3o SONOMA COUNTY VISITORS BUREAU
31 PRESENT KIRK LOK PRESENTATION
32 President Kirk Lok addressed the Council. He noted the following:
33 - The Sonoma County Visitors Bureau will move to the Wine Center in Rohnert
34 Park.
35 - They hope to .increase their budget next year from $400,000 to $750.,000.
36 - They are. looking to the City Councils and the County fora "fair share" dollar
37 commitment to the Bureau.
38 - For the cities that are not paying into this fund, criteria can be established as to
39 "how" and "to whom" benefit should accrue.
November 16, 1992 Vol. 27, Page 205
SONOMA COUNTX VISITORS BUREAU coot' d.
2 The City Council agreed that they would be prepared to share in this "fair share" funding
3 of the Bureau. The City Council would also like to know how other cities respond to Mr.
4 Lok's proposals. Councilman Sobel arrived early in this discussion.
RESO. 92-294 NCS
TRAF'F'IC SIGNAL EQUIPMENT
7 Resolution 92-294 NCS standardizing the purchase of traffic control equipment to the
s State of California Department of Transportation Standards for Type 170 Traffic Signal
9 Controls. The Traconex equipment the City has been using will be discontinued. Staff
to recommended utilizing the CALTRANS Standard 170 Controller., Introduced by Nancy
11 Read, seconded by Bonnie Nelson.
12 AYES: Read, Davis, Sobel, Nelson, Vice Mayor Cavanagh,
13 Mayor Hilligoss
14 NOES: None
15 ABSENT: Woolsey
16
17
ORI). 1911 NCS
1991 FIRE CODE
is Introduced Ord. 1911 NCS adopting the 1991 Fire Code and the City's amendments that
19 were included in the 1988 Fire Code adoption. It was noted there is no CEQA
20 requirement to the adoption of the ordinance. Before the ordinance is adopted, staff will
21 clarify the explanation of the new fire zone at the Urban Interface. Introduced by Vice
22 Mayor Cavanagh, seconded by Bonnie Nelson.
23 AYES: Read, Davis, Sobel, Nelson, Vice Mayor Cavanagh,
24 Mayor Hilligoss
25 NOES: None
26 ABSENT: Woolsey
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RESO. 92-295 NCS
FIRE FEES
29 Resolution 92-295 NCS approving Fire Department fees. Fire Chief Krout and Fire
3o Marshal Thomas answered the Council's questions regarding the proposed fee schedule
31 for Fire Department Inspections that are required by the Fire Code. The Council had
32 been given a list of fees charged by some other Sonoma County jurisdictions. The
33 proposed fees represent the costs of performing the various services. The fees covered
34 vanous Fire Department projects from inspection of aircraft refueling vehicles and airport
35 repair hangars to carnivals., fire alarm systems, fireworks sales, and numerous other
36 inspection activities. Establishment of various fees is part of an effort by all the cities of
37 California to require payment for services rendered to specific users of City personnel
3s services for their unique needs. At this time, a charge for Fire Department suppression
39 services was not accepted by the Council. Vince Landof and Fred Jennings spoke for the
4o inspection fees and against the fire suppression fee. The resolution was introduced by
41 Brian Sobel and seconded by Bonnie Nelson.
42 AYES: Read, Sobel, Nelson, Mayor Hilligoss
43 NOES: Davis, Vice Mayor Cavanagh
44 ABSENT: Woolsey
Page 206, Vol. 27 November 16, 1992
1 RESO. 92-296 NCS
2 CORONA RANCH -ALLOCATION OF LOAN TO CORONA CRESCENT
3 Resolution 92-296 NCS approving the allocation .of Corona Ranch Loan proceeds. for
4 development of Corona Crescent Townhouses by Eden Housing, Inc. Introduced by
5 Michael.. Davis, seconded by Brian Sobel.
6 AYES: Read, Davis, Sobel, Nelson, Vice Mayor Cavanagh,
7 Mayor Hilligoss
8 NOES: None
9 ABSENT: Woolsey
to RESO. 92-297 NCS
11 CORONA ,CRESCENT TOWNHOUSE DEVELOPMENT LOAN APPROVAL
12 Resolution 92-297 NCS approving loan documents for Corona Crescent Townhouse
13 Development. Introduced by Nancy Read, seconded by Michael Davis:
14 AYES: Read, Davis, Sobel, Nelson, Vice Mayor Cavanagh,
15 Mayor Hilligoss
16 NOES: None
17 ABSENT: Woolsey
18 CAPITAL IIVIPROVEMENT PROGRAM
19 5-YEAR -SEWER SYSTEM IMPROVEMENTS
20 Due to the time (5:05 p.m.), this item was continued to the next Council meeting.
21 RESO. 92-298 NCS
22 AMICUS BRIEF - ROBERTS v CITY OF PALMDALE
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Resolution 92-298 NCS. authorizing the City of Petaluma to join in an amicus brief in the
case Roberts. v City of` Palmdale. The subject is the ability of city attorneys to confer
with their councils regarding pending litigation as well as important issues as: to ~attorney-
client work product privileges. Introduced by Nancy Read, seconded by Michael Davis.
AYES: Read, Davis, Sobel,. Nelson, Vice Mayor Cavanagh,
Mayor Hilligoss
NOES: None.
ABSENT: Woolsey
COUNCIL COMMENTS
Nancy Read requested support for appointment to one of the two open seats on .the Local
Agency Formation Commission. Brian Sobel requested. support for appointment to the
Golden Gate Bridge .Board to replace Vice Mayor Cavanagh when his seat becomes
vacant in February.
CLOSET) SESSION AND AI).TOURN
The Council went into closed session to discuss litigation and meet and confer items. At
5:45 p.m. the meeting was adjourned to 7:'00 p.m.
November 16, 1992 ~ Vol. 27, Page 207
I RECONVENE 7:10 p. m. and ROLL CALL
2 PRESENT: Read, Davis, Woolsey, Vice Mayor Cavanagh, Mayor .
3 Hilligoss, Sobel, Nelson
4 ABSENT: None
5 PLEDGE OF ALLEGIANCE
6 Outgoing Councilwoman Lynn Woolsey led the Pledge of Allegiance.
. 7 PUBLIC COMMENT
8 -Barry Bisson noted the Friends of Petaluma support the City Council's position on the
9 Lafferty ranch. He also spoke in support of the effort to place teenagers at work at the
10 low income housing sites learning painting and other skills.
~ ~ -Kirk Andrade and Gene Simms asked for the Council assistance in developing a network
I2 for helping needy families in Petaluma. This winter, their fifth year, they are selling
13 $1.00 tickets for which the winners will receive several hours of skilled carpentry. The
I4 money will be used to assist needy families. It was suggested they contact the Petaluma
15 organization called Christmas Cheer who also does this type of needy work.
16 COUNCIL COMMENT
I7 Brian Sobel -This is the last meeting for Councilwoman Lynn Woolsey who has won the
18 election for Congressional representative of District and will be going to Washington,
I9 DC, in December for orientation and other new duties.
20 Mayor Hilligoss - Presented a bouquet to Lynn Woolsey on behalf of the Council.
21 Lynn Woolsey -She expressed her appreciation to everyone and noted this "new job"
22 makes her a salaried employee of the people in the Congressional district. She noted
23 being a Councilmember is a terrific learning experience. This job will be the most
24 important job she has ever had with the exception of raising her children. Her district
25 office will be here in Petaluma, the central point of the district. She asked everyone to
26 let her know what is important to them.
27 City Manager John Scharer -Took the opportunity to thank Lynn Woolsey on behalf of
28 the staff for all the support she has given over the years.
29 Mayor Hilligoss - noted the Associated Students of Sonoma State University are
3o collecting blankets and quilts for the needy.
31 ®RD. 1909 NCS
32 COUNTRY CLUB ESTATES 2A & 3A .REZONE TO PUI)
33 This subdivision is located above Country Club 1 and below an existing golf course.
34 Staff reviewed the changes to the map and answered Council questions. The new average
3s lot size for the 42 lots rs 10,702 square feet. These changes comply with the Hillside
36 regulations. Adopt. Ord. 1909 NCS rezoning Country Club Estates 2A and 3A to PUD.
37 AYES: Read, Davis, Sobel, Vice Mayor Cavanagh, Mayor Hilligoss
38 NOES: Nelson
39 ABSENT: None ABSTAIN: Woolsey
4o RESO. 92-299 NCS
4I COUNTRY CLUB ESTATES 2A & 3A PUI) STANI)ARI)S
42 Resolution 92-299 NCS approving Unit Development Plan Standards for Country Club
43 Estates 2A and 3A. Introduce by Brian Sobel, seconded by Vice Mayor Cavanagh.
44 AYES: Read, Davis, Sobel, Vice Mayor Cavanagh, Mayor Hilligoss
45 NOES: Nelson
46 ABSENT: None ABSTAIN: Woolsey
f.
Page 208, Vol. 27
November 16, 1992
1 RESO. 92-300 NCS
2 COUNTRY CLUB ESTATES 2A &_ 3A TENTATIVE MAP
3 Resolution 92-,300 NCS approving the tentative map for Country Club Estates 2A & 3A.
4 Introduced by Vice. Mayor Cavanagh, seconded by Michael Davis.
5 AYES: Read, Davis, Sobel, Vice Mayor Cavanagh, Mayor Hilligoss
6 NOES: Nelson
7 ABSENT: None ABSTAIN: Woolsey
s ORD. 1.9:12 NCS
9 CARDROOMS
to Introduce Ordinance 1912 NCS approving the amendment to Section 6:20:020 of the
11 Municipal Code to delete card room .hours.. Upon adoption of thus ordinance, cardrooms
12 may :apply for a conditional. use permit or amendment to a conditional use permit to allow
13 up to 24 hour cardrooms. Introduced by Michael Davis, seconded by Lynn Woolsey.
14 AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
15 NOES: None
16 ABSENT: None
17 RESO. 92-301 NCS
1s LAFFERTY RANCH -COUNTY GENERAL PLAN AMENDMENT
19 Resolution 92-301 NCS requests the Board of Supervisors to remove consideration of the
20 Lafferty Ranch Specific Plan Amendment from their calendar and requests the Board of
21 Supervisors to~:direct the County Planning. staff to reject. the pending application for a
22 General Plan Change on the property. The ,resolution also requests, the Board of
23 Supervisors to initiate a comprehensive review of the General Plan and- Specific Plan
24 designations for the ranch thus providing all property owners, including the City, public
25 participation opportunities. It was noted the City had not been informed about the
26 pending action: on the City's property. This watershed land came into City ownership
27 through the purchase of the water system from Cal Water. With the closing down. of
2s Lawler Reservoir, the need for watershed had disappeared. The Council asked that
29 Supervisor Harberson be asked to outline the City's concerns in a letter to the Board.
3o Joan Gopolcheck of Santa Rosa, a planner representing the applicants for this change,
31 reviewed her version of the process which to date did not include the County notifying
32 the City. It was suggested by the Council that a meeting on the issue be held in the South
33 County (i.e. Petaluma). David Keller- suggested a "win-win" way of accomplishing the
34 goal would be to have a committee of representatives of all parties involved to work
35 towards a solution to the ultimate use of Lafferty Ranch. David Haney, 1419
36 Meadowlark, offered to be on the committee. John Saen, 600 Sonoma Mountain. Road,
37 said there are two very distinct points of view and although the area is referred to as
3s "Lafferty Ranch", the area being discussed is much larger than that.. The "Lafferty
39 Ranch" reference was selected for ease of identification as the name of the entire area. It
4o was moved by Bonnie Nelson, seconded by Michael Davis.
41 AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
42 NOES: None
43 ABSENT: None
44 RESO. 92-302 NCS
45 CORONA-ELY BENEFIT DISTRICT
46 Resolution 92-302 NCS approving the Corona Ely Benefit District #1.
,r.r ~.
November 16, 1992 ~ Vol. 27, Page 209
1 The Benefit Assessment Fee will be recorded against each property (but will not be a
2 lien); it will come due like any other development fee when a parcel receives its
3 Certificate of Occupancy, so it is payable at the end of the development process; it will
4 be increased each year by a Bay Area Construction Cost Factor from the Engineering
5 News Record; it will expire at the end of July, 2011.
6 Credits will be made to the affected three lots which were reduced by the construction of
7 Sonoma Mountain Parkway. These could be granted through Traffic Mitigation fees.
s There .are 7 parcels that are not within the City limits which were included in the Corona
9 Ely specific plan. These parcels will require another method to collect the assessment.
1o Resolutions for both the Traffic Mitigation fee credits and the annexation conditions will
11 be developed and submitted to the City Council for action. The public hearing was
12 opened. There being no one wishing to speak, the hearing was closed.
13 AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
14 NOES: None
15 ABSENT: None
16 APPEAL - IDELTA BATTERY
17 FROM PLANNING COMMISSION ACTION TO UPI30LD
is REVOCATION OF USE PERMIT
19 Delta Battery is located at SOl Petaluma Blvd. North at Kent Street. Planning Director
20 Pamela Tuft reviewed the history of the business activities through to the Planning
21 Department's recommendation of revocation. This business, under the name of Nelson
22 Strasser, received an approved Conditional Use Permit in October of 1986. On May 14,
23 1992, a letter was directed to Leo Ortega at the same address outlining the violations that
24 have existed for a period of time. On July 14, 1992, the Planning Commission heard
25 staff recommend commencement of revocation proceedings. Neither the owner nor the
26 applicant attended that meeting; the staff's action to revoke the use permit was upheld.
27 The business is no longer solely a battery replacement and starter business. It appears
2s now to be an automobile repair shop with numerous vehicles parked outside of the service
29 bay, contrary to the use permit conditions. Staff circulated photographs of the location to
3o the Council. It appears that Mr. Strasser owns the building and Mr. Ortega runs the
31 business.
32 The public hearing was opened. Mr. Lee Ortega spoke on behalf of the business. Not all
33 of the cars in the area are from his business. The East Side Garage utilizes Kent Street
34 for parking as do the insurance company and the glass company. He also said that he has
35 been too busy to comply; he has a lot of Spanish speaking customers; he feels he is being
36 picked on; is there any way we can comply. Mr. Ortega said there are a number of other
37 businesses which also do not comply. He circulated some additional photographs to the
3s Council to support that comment. He has talked to other shops and asked if they have
39 been talked to by the City. They indicated they had. not been contacted. Everyone
4o should do the same. Mr. Ortega is not the original applicant. Mr. Strasser is. Mr.
al Ortega said he asked the owner to remodel the parcel. Mr. Ortega was told. that he has a
42 booming business which is not appropriate for the area. It was suggested that he look for
43 another site.
44 Staff was asked about the property at Washington Street across from the Phoenix Theatre.
45 The Council was advised that the staff is monitoring the business. They comply as
46 quickly as they are called upon to do so by the City.
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Page 210, Vol. 27 November 16, 1992
1 DELTA BATTERI' APPEAL cont' d.
2 Mr. Strasser expressed .dismay with 'the staff approach which he felt was sarcasm. -The
3 information he gave to Planning related to his business before when there wasn "t enough
4 for just batteries and starters. Leo Ortega expanded the business. Mr. Strasser noted that
5 he wanted to sell -the business to Mr. Ortega. He added that Planning.. staff aid
6 categorically we don't want you here.
7 Mr. Ortega said he had heard the City is trying to get all the shops out of that area. He
s was told that is not true. Both men were advised that they could apply for a new use
9 permit at that location. Some Councilmembers discouraged continuation of the business
to at that location. The hearing was closed.
11 It was moved by Nancy Read, seconded by Lynn Woolsey, that. the revocation be
12 effective in 90 days which would be February 17. In the meantime, Mr. Ortega may
13 continue in business while he looks for a new site.
14 AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh., Mayor Hilligoss
15 NOES: None
16 ABSENT: None
17 LIAISON ANI) STAFF REPORTS
is Mayor Hilligoss noted the Bay Area Air Quality District has met the Federal ozone
19 requirements.
20 Councilman Sobel wants to be sure staff is doing what it can to' reach out to the new
21 Councilmembers and is working very closely with them.
22 City Manager Scharer advised the ;City has received $717,557 from the Tillie Prince
2s Trust. The Abrams estate is on schedule to be distributed in the Spring of 1993.
24 ADJOURN
25 At 9:05 p.m., the meeting was adjourned.
26 M. Patricia Hilligoss, Mayor
27 ATTEST:
28 Patricia E. Bernard, City Clerk