HomeMy WebLinkAboutMinutes 05/04/1992May 4, 1992 Vol. 27, Page 77
1 MINUTES OF. A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, MAY 4, 1992
4 3:00 p. m. ROLL CALL
5 PRESENT: Read, Davis, Cavanagh, Vice Mayor Woolsey *, Mayor
6 Hilligoss, Nelson
7 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County
8 Transportation Authority meeting in Santa Rosa and arrived at
9 5:10 p.m.)
10 * -arrived at 3:20 p. m.
11 MINUTES
12 The April 11 minutes were approved as amended:
13 Page 67, heading, change day to SATURDAY
14 The April 20 minutes were approved as amended:
15 Page 74, Line 19, correct spelling of name to Rau .
16
CONSENT CALENDAR
17 The following items which are noncontroversial and have been reviewed by the City
is Council and staff were enacted by one motion which was introduced by Jack Cavanagh
19 and seconded by Nancy Read.
20 AYES: Read, Davis, Cavanagh, Nelson,
21 Mayor Hilligoss
22 NOES: None
23 ABSENT: Vice Mayor Woolsey, Sobel (Councilman Sobel was attending the Sonoma County
24 Transportation Authority meeting in Santa Rosa)
2s RESO. 92-103 NCS
26 CLAIMS AND BILLS
27 Resolution 92-103 NCS approving Claims and Bills #19007 through #19137.
2s RESO. 92-104 NCS
29 FINAL MAP HILLVIEW OAKS
3o Resolution 92-104 NCS approving the final map for Hillview Oaks Subdivision which is
31 located on Ely Blvd. North near Rainier. This is a low/moderate income housing project
32 developed by Burbank Housing.
33
34
RESO. 92-105 NCS
FINAL MAP KINGSMILL UNIT 3 PHASE 4
35 Resolution 92-105 NCS approving the final trap for Kingsmill Subdivision Unit 3 Phase
36 4 which is located near Cader Fartns in the Corona Ely area.
37 * * * * * End of Consent Calendar * * ~` * *
Page 78, Vol. 27
May 4, 1992
1 ORD. 1886 NCS
2 TRIP REDUCTION ORDINANCE
3 Ordinance 1886 NCS amending the Municipal Code by adding Chapter 11.90 -Trip
4 Reduction Program was discussed at length. Staff was asked what constitutes "a
5 commute". The City Council deferred action on the ordinance until the entire Council
6 could be present. The matter was continued to May 18.
7 ORD. 1887 NCS
8 AIRCRAFT TRAFFIC AND APPROACH REGULATIONS
9 Introduce Ordinance 1887 NCS amending
to traffic pattern for the Petaluma 1Vlunicipal
11 to 1,087 feet, and amending Section 16.20
12 changes reflect recent Federal Aviation
13 Michael Davis, seconded by Nancy Read.
14 AYES: Read, Davis, Cavanagh, Nelson,
15 Mayor Hilligoss
Municipal Code Section 16.20.020 -elevation
Airport fro-n 1,079 feet above mean sea level
,030 -Approach Altitude to 1,58,7 feet. 'These
Administration amendments. Introduced by
16 NOES: None
17 ABSENT: Vice Mayor Woolsey, Sobel (Councilman Sobel was attending the Sonoma County
18 Transportation Authority meeting in Santa Rosa)
19 Vice Mayor Woolsey arrived.
20 RESO. 92-106 NCS
21 ASSESSMENT DISTRICT ADMINISTRATIVE COSTS
22 Resolution. 92-106 NCS setting the Annual Assessment for Administrative Costs for
23 Assessment Districts:
24 #17 -North McDowell Improvements,
25 #19 -Petaluma Auto Mall,
26 #20 -Redwood Business Park #2,
27 #21 -Corona Ely area, aka Sonoma Mountain Parkway,
28 #22 - Sotith Point Business Park.
29 Introduced by Michael Davis, seconded by Jack Cavanagh.
30 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey,
31 Mayor Hilligoss
32 NOES: None
33 ABSENT: Sobel (Councilman Sobel was attending the Sonoma County Transportation Authority meeting
34 in Santa Rosa)
35 LAFFERTY RANCH
36 The City Council considered alternatives for use of the Lafferty Ranch such as entering
37 into another agricultural lease or selling the 269.785 acres. This land was acquired from
38 Cal Water when the water company was purchased as part of the watershed. The
39 property has been used as pasture for a number of years. With the closing of the Lawler
4o Dam in October of 1992, the watershed will not be required for supplemental. drinking
41 water supply. There has been an expression of interest by neighboring property owners
42 to purchase the lend for cattle grazing.
;;~ ,
May 4, 1992
Vol. 27, Page 79
1 LAFFERTY RANCH contd.
2 The dollar amount of the lease has always equalled the amount of the property tax paid by
3 the City. There has been some use of the property for educational purposes; this access
4 has been coordinated with the lessee.
5 The Council heard arguments for leaving the land in agricultural use with open space
6 assured in perpetuity and heard arguments for allowing unrestricted public access. This
7 land is located on Sonoma Mountain Road above Lawler Reservoir. The terrain is mostly
s steeply rising woodland and pasture. A gullied creek transverses the property. About
9 219+ of the 269+ acres is accessible only by foot.
1o David Hansen, Executive Director of the Sonoma County Agricultural Preservation and
~~ Open Space District, offered to join with the City to help preserve this land as a scenic
12 easement or park site. In response to Council query, he suggested that public access
13 would be a problem for a private property owner and most likely would deter prospective
14 buyers.
~5 Carole Barlas, 40 Sunnyhill Drive -She asked what purpose does it serve - to bring in
~6 money or to preserve land?
i~ Scott Hess, 1709 Springhill Road - He said he hiked the Lafferty Ranch a couple times
1s last week. This land should be protected from full public assault, but he feels there
19 should be some limited opportunity for access.
20 Doug Emory, Sebastopol -There are old trails which were made by organized youth
21 groups. These marked trails are overgrown, but still visible in spots. Public access to
22 the ridge should be preserved. The land sho~-ld be protected with limited access to Scout
23 troops, seniors, elder hostels, and the like.
24 Randall Smith, 2970 Sonoma Mountain Road -The reason the area is pristine is the
25 private ownership of land up there. There is a multiplicity of automobile accidents and
26 disruptions by teenagers partying. Tl~e neighbors have acq~-ired a necessary habit of
27 picking up the roadside garbage on a regular basis. For country hiking, Jack London
2s Park is a much easier trek. He urged the Council to put the property into private
29 ownership.
3o Patricia Cheda, 3272 Old Adobe Road -Their property adjoins the Lafferty Ranch. If
31 the property is given wide p~-blic access, you should be aware of the difficulty there is to
32 get a sheriff response up there. It is also hard to access for emergency vehicles. If you
33 sell the property and req~-ire public access, the property owner will more than likely lose
34 his liability insurance. Production agriculture is not able to obtain liability insurance if
35 there is public access. The public does not stay where it belongs, it goes on other
36 peoples' land. This land should be also protected from an increase m fire danger which
37 would come from increased access.
3s Tom Furrer, Casa Grande High School Teacher and faculty person for the Adobe Creek
39 restoration efforts of the Casa Grande High School students. He noted if you allow the
4o public on the property, because it is so steep, they will use tl~e creek as the easiest route
41 to climb the hill. As a result they will further endanger an already fragile ecosystem.
42 There were two steelhead in Adobe Creek this year. That is a start.
a.
Page 80, Vol. 27 May 4, 1992
~ LAFFERTY RANCH cont.' d.
2 He also noted that there continues to be a problem with the golfers at the Adobe Creek
3 Golf Course tramping into the creek and. through the sii~all brush that where the young
4 fish hide. He repeated that this creek is very fragile, and he urged the Council to direct
5 the land into hands that understand this fragility.
6 Peter Pfendler, 750 Sonoma Mountain Road -His property is adjacent to the Lafferty
~ parcel. _ This is extremely steep property. The only way people can climb it is right on
s the creek bed. He has offered to purchase the property at the appraised value. They
9 would be willing to put on restrictions to guarantee the property will remain in open
1o space, and never be developed.. Currently it is in general agricultural use. This fragile
11 area needs to be protected from ..human impact. Public access would have the most
12 serious impact on this environment. Heavy rains have brought big landslides up there.
13 Any access should be strictly supervised, and,, even theca, there is a liability issue. He
14 would be willing to talk about nature classes and other controlled use of this fragile land.
is He repeated that he would be agreeable to a perpetual open space easement.
~6 Eric Spector, 3200 Sonoma Mountain, Road - .He is interested in the land being preserved
17 for steelhead with whatever mechanism is available. To open it to public access would be
18 a disaster. This would increase traffic on Sonoma Mountain Road. There have been 3
19 deaths on .this road. There is very limited sight distance; it is a treacherous road. For the
20 safety factor, he urged not to increase traffic.
21 Vice Mayor Woolsey would like to see the City get the highest value for the property and
22 continue to have controlled, supervised access for the schools and youth groups. The
23 City should decide how often this access should be allowed.: Upon sale, the. proceeds
24 should be used only to purchase replacement property that is accessible for the public.
25 John Seaman, 600 Sonoma Mountain Road -Suggested the City Council view this issue
26 from the standpoint as one of the neighbors rather than as just an owner of public land. It
27 is the agricultural tudorship that has maintained this land so ~ beautifully. It is not the
28 public use that has kept it the way it is. There are accidents on the road- every two
29 months. He has had to call tow vehicles for accidents and is constantly picking
3o containers full of garbage, used condoms, clothing, bottles and the like from beside the
31 road. Recently a bicyclist going downhill too fast lost control and as a result is a
32 paraplegic; he is reported to have blamed the gravel for his problem. On Saturday
33 afternoon, Mr. Seaman was drawn by some noises. to the Lafferty side of his home. Here
34 he saw two men, one with a child and a dog and the other with a baby. They were
35 walking through the lower field which was full of cows and bulls; he felt this was not a
36 safe combination - bills and cows, dog, and small children.
37 Nancy Chien-Eriksen - Wo~ild prefer the land be kept in public ownership and doesn't
3s understand the need to rush into this. But she would support purchase of replacement
39 property for public use. This should be done at the same time the Lafferty Ranch would
4o be sold, so the funds would not be diverted to some other use. She would like to see the
4t property used in an educational way with limited access.
42 Jack Arnold, 622 Second Street -Get the replacement property first, then sell the Lafferty
43 land.
44 Dr. Bettman - He questions where the property lines of the Lafferty parcel really are.
May 4, 1992 Vol. 27, Page 81
1 Mrs. Cheda -Who is going to be responsible for the destruction of our land by the
2 public? That creek goes through our la~ld also.
3 Council Comments:
4 - How much is the land worth today?
5 - Can the City put restrictions on the use and access?
6 - What type of rise is there for other regional parks?
7 - Does Crane Park have private and public use?
s - What parcels are available to replace this for public access?
9 - Dogs running loose on such a place and campers utilizing the area could
to create. big problems.
ii - Would support limited access to people who would be environmentally
12 sensitive.
13 The City Manager assured the Council the proceeds from sale of this property will be
14 protected for purchase of a park which is 'more accessible to the public. With the closing
15 of the water filter plant at Lawler Reservoir the property is not so critical for watershed,
16 but for protection of wildlife it is more important. Staff would like to work with the
17 Sonoma Land Trust so a conservation easement could be drafted which limits access and
is maintains the integrity of our creeks. We will obtain traffic counts for Helen Putnam
19 Regional Park and Crane Park. Staff will check the property lines and easement that Dr.
20 Bettman mentioned. Tl~e public will be able to participate in the discussion when it
21 comes back to the City Council.
22
23
COUNCIL AND MAYOR RESPONSES
STATE LEGISLATION
24 The Legislative Bulletin from the League of California Cities (the League) has been used
25 as a basis for City's response to legislation wending its way through the State Legislature.
26 There are occasions when the League has requested its member cities to communicate
27 swiftly with State Legislators on certain bills which are close to a vote. There are also
2s times when the City has taken positions which do not coincide with the League's position.
29 Historically, the City Council's Legislative subcommittee has made recommendations of
3o support or opposition to the Mayor for the Mayor's subsequent written communication to
31 the appropriate individuals and legislative committees in Sacramento.
32 There was considerable discussion about the most efficient process to reach a City
33 position and then comm~inicate that position to the State Legislators. All
34 Councilmembers will now receive the Legislative Bulletin. '
35 It was moved by Michael Davis, seconded by Vice Mayor Woolsey, the
36 City Council Legislative Subcommittee recommendations shall be referred
37 to the full Council for final and direction to the Mayor regarding written
38 communications on legislative activity in Sacramento.
39 AYES: Read, Davis, Sobel, Nelson Vice Mayor Woolsey
40 NOES: Cavanagh, Mayor Hilligoss
41 ABSENT: None
42 CLOSED SESSION
43 At 5:45 p.m., the Council recessed to a Closed Session to discuss pending litigation with
44 the City Attorney.
45 7:00 p.m. - ROLL CALL
46 PRESENT: Read, Davis, Cavanagh, Mayor Hilligoss, Sobel, Nelson
47 ABSENT: Vice Mayor Woolsey
r ~~
~4r~"i':~~ :; '°G. ~i,. =x!1+94}~T~~~t~~'~,((fj~`~~r ~ ~,; . I ~~g'.
i ~':
Page 82, Vol. 27 May 4, 1992
1 INVOCATION
2 Don Jerge, USCG Training Center, Two Rock, gave the invocation.
3 PLEDGE OF ALLEGIANCE
4 Scott Manchester led the Pledge of Allegiance.
5 PUBLIC COMMENT
6 Daniel French, 48 Century Lane -Requested assistance in being relieved from .payment
7 of a cost recovery bill that he felt should be cancelled. The City Manager asked the
s Finance Director to meet with him immediately to resolve the issue.
9 Roland Johnson,. 2369 Santa Ynez -Advised the Council. that for all "Rap" concerts, the
to Police Department requires that the following notation be placed on all placards
~~ advertising the event, "All patrons will be subject to u search upon entry. " Mr. Johnson
12 felt the Police requirement is racial in nature and asked why this is not required to be
13 printed on placards on all occasions. The City Manager said he would discuss this with
14 the Police.
15 Scott Manchester -Asked the City Council to reconsider the proposed green fee to play
~6 on the new golf course near the airport. He said the green fee will be $19 on weekdays
~~ and $29 on weekends, and he added that this is out of the price range of the average
is golfer. He also inquired about the specific golf courses which were used to determine the
19 green fee, since some were private golf clubs in Marin County. He asked why Mountain
20 Shadows South Course, Rohnert Park, and Bennett Valley, Santa Rosa, municipal golf
2t courses were not used as benchmark golf courses. He said this will also reduce the
22 opportunity for youth to have access to golfing. The City Manager noted the benchmark
23 courses were agreed upon early in the process; there will be youth and senior golf rates.
24 Edie Weinheimer, representing the Earth Day request on the agenda, asked the City
25 Council to support their req~iest for relief from the Lucchesi use fee.
26 Tim Haddad, a member of People Involved in Proper Planning (PIPP), asked for
27 information on the Marina revenue picture and noted his group's litigation against the
2s City on the auto plaza sign was successful in Court.
29 At the Council's request, City Attorney Rudnansky responded saying that the City filed a
3o motion called a demurrer with the Court. The City's demurrer said that the petitioners
31 (PIPP) were barred under the theories that they pled. With respect to the PIPP cause of
32 action attacking the sign's consistency of the zoning and the general plan, the Court ruled
33 in favor of the City and sustained the demurrer. With respect to the PIPP .attack on the
34 negative declaration of environmental impact, the Court also sustained the City's
35 demurrer and ruled in favor of the City. What the Court did say is they will give PIPP
36 another opportunity to come back, if they can plead a valid theory under the California
37 Environmental Quality Act. They have 30 days to do so.
3s CITY COUNCIL COMMENTS
39 Michael Davis -noted that at this time the Sonoma Mountain Parkway seems somewhat
4o narrow for bicycle riding. The City Manager said staff will look at it.
May 4, 1992 Vol. 27, Page 83
1 Bonnie Nelson -bicycle safety is a problem all over the City. Bicycle safety needs to be
2 addressed.
3 Bonnie Nelson - requested the City Council place the general topic, "Council
4 Subcommittees" on an agenda soon.
5 EARTH DAY FINANCIAL ASSISTANCE
6 The request from the Earthday 1992 .Coordinator for relief from paying the $1,115.00 fee
~ for use of Lucchesi Park was approved by motion.
s Moved by Brian Sobel, seconded by Michael Davis to authorize use of
9 $1,115 Transient Occupancy Tax Funds for the Earth Day facility use cost
10 of Lucchesi Park.
11 AYES: Read, Davis, Cavanagh, Sobel, Nelson,
12 Mayor Hilligoss
13 NOES: None
14 ABSENT: Vice Mayor Woolsey
15 CHEHALIS & MONROE LEFT TURN POCKETS
16 Supervising Engineer Mike Evert reviewed the request for northbound left turn pockets
17 from Sonoma Mountain Parkway at both Chehalis and Monroe Streets at a cost of $8,000
is for each left turn pocket. It was moved by Brian Sobel, seconded by Michael Davis, to
19 authorize a change order to the Sonoma Mountain Parkway project to construct left turn
20 pockets at Chehalis a-ad Monroe Streets with the funds to come from either the
21 Community Facilities Fees or Traffic Mitigation Fees.
22 AYES: Read, Davis, Cavanagh, Sobel, Nelson,
23 Mayor Hilligoss
24 NOES: None
25 ABSENT: Vice Mayor Woolsey
26 RESO. 92-107 NC5
27 1 HAWTHORNE CT. NUISANCE ABATEMENT PUBLIC HEARING
2s Chief Building Official Joe Kagan, Building Inspector Mark Friedman, and Anna n'ha
29 Millee were sworn to tell the truth. Joe Kagan reviewed the history of contact with the
3o property owner regarding repair of a January 1, 1991, fire damage in the attic at 1
31 Hawthorne Court. Repairs had commenced without a permit; a stop work order was
32 issued; the construction work being clone exceeded fire damage repair; revised plans were
33 requested of the owner and were submitted; after review, revisions to the plans were
34 requested and correction lists were sent to the owner; there was no reply from the owner;
35 the permits expired January 31, 1992; to date no further corrective work has been done
36 on the fire damage. The matter was then referred to the City Attorney for action.
37 Bonnie Nelson, who lives close to the subject property, abstained from participation in
3s the discussion.
39 The Chief Building Inspector had a collection of photographs of the building which the
4o Councilmembers reviewed. The Chief Building Inspector advised the Council, with that
4t with a considerable amount of effort and if approached aggressively, the repairs could be
42 accomplished in 60 days.
43 The public hearing was opened. Property owner Anna n'ha Millee, Sebastopol, said she
44 is not able to develop the drawings and information which would meet the Building
45 Inspector's sensibilities. She felt that sloe could change the pitch of the roof and create
46 more floor space during the fire repair without City review of structural integrity and
47 review of alteration.
i c ~~
r,'pr~Fr"P'~
Page 84, Vol. 27 May
v T, r ~~
;4 `~
1,~ 1'992
1 In .answer to a question from the Council, the Chief Building Inspector noted the plans
2 they received from Anna Millee were handwritten and did not contain the calculations
3 (showing rafter and wall connections ,etc.) that are required. At the request of the
4 Council, the Chief Building Inspector will provide names of several persons who could
5 help Anna Miller with her construction plans and with the correction work itself. The
6 City Council agreed there shall be submittal of construction plans and permit for
7 construction shall occur by the expiration of 60 days. Staff will report the progress of the
8 structural work at that time.
9 Resolution 92-107 NCS declaring certain conditions of property at 1 Hawthorne Court a
1o public nuisance and ordering nuisance to be abated. Introduced by Michael Davis,
11 seconded by Jack Cavanagh.
12 AYES: .Read, Davis, Cavanagh, Sobel, Mayor Hilligoss
13 NOES: None
14 ABSENT: Vice Mayor Woolsey
15 ABSTAIN: Nelson
16 RECESS At this time, the Public Information Officer presented a program outlining options for
17 children's activities during the summer vacation.
18 RESO. 92-108 NCS
19 NEG. DEC. GOLDEN GATE TRANSIT ROUTE AMENDMENTS
20 Principal Planner Jim McCann reviewed the additional route proposed by Golden Gate
21 Transit and advised the Council the Bridge District does not have the funding to ~inifiate
22 the route immediately. Jerome K~iykendahl of Golden Gate Bridge District also
23 addressed that issue. Rich Moran, President of the East Petaluma Commuters Bus,
24 expressed support for the new route. He noted there used to be five "club buses", and
25 now there is one. Club buses are subsidized by the Golden Gate Transit District.
25 Planning Commissioner Linda Rahman spoke on behalf of commuters noting there are
27 more commuters who wish to ride the bus to work than there are bus seats available. As
28 a result, there are commuters who stand up, all the way to San Francisco. In addition, the
29 commuters try to have a seat by driving to the bus stops which are toward the beginning
30 of the route where they are able to park and ride. It was suggested that some of the buses
31 on the existing route, alter their route to coincide with the proposed Route 86.
32 Resolution 92-108 NCS approving a negative declaration of environmental impact for
33 authorizing a bus line certificate to the Golden Gate Bridge and Transportation District
34 and approving the addition of Route #86. ~Introdiiced by Nancy Read, seconded by Brian
35 Sobel.
36 AYES: Read, Davis, Cavanagh, Sobel, Nelson,
37 Mayor Hilligoss
38 NOES: None
39 ABSENT: Vice Mayor Woolsey
May 4, 1992
Vol. 27, Page 85
1 RESO. 92-109 NCS
2 CERTIFICATE OF CONVENIENCE
3 GOLDEN GATE TRANSIT ROUTE AMENDMENTS
4 Resolution 92-109 NCS authorizing iss~iance of a certificate of convenience to the
5 Golden Gate Bridge, Highway and Transportation District and approving the addition of
6 Route #86 and directing staff to send a letter to the Golden Gate Bridge and
7 Transportation District urging the District to put more buses on this route at the earliest
s time. Introduced by Brian Sobel, seconded by Michael Davis.
9 AYES: Read, Davis, Cavanagh, Sobel, Nelson,
10 Mayor Hilligoss
11 NOES: None
12 ABSENT: Vice Mayor Woolsey
13 MARINA STAFF REPORT
14 The City Manager reported. that for the last forty years, there has been an effort by
15 various citizen groups to encourage the City to develop a Marina. Many feasibility
16 studies have been completed and the consistent conclusion has been that a marina is not
17 feasible without ancillary private development to provide "other revenues" in additional
18 to berth rentals.
19 In August of 1984, the City entered into an agreement with Messrs. Richard Coombs and
20 Borue O'Brien regarding apublic -private partnership to develop a Marina. In October
21 of 1985, the fifty year Ground Lease, with option, between the City and Marina Office
22 Park Associates, also known as MOPA, was completed. The ground lease had a
23 provision whereby tl~e developers were to make advance lease payments to cover cash
24 shortfalls from marina operations. These advance lease payments would be paid back to
25 the developers with offsets from fi~tiire lease payments due to the City.
26 In 1990, MOPA expressed a desire to purchase the fee title ownership interest in the land
27 covered by the ground lease. After the City received the appraisal of $430,000 for these
2s lands, the Council subcommittee negotiated the sale at $525,000. The Council
29 subcommittee also negotiated a long term revenue stream that could not be altered by
3o future Councils into a large prepayment sum which might be put to use for expenses other
31 than that of the Marina; and they wanted to guarantee the adjacent lot would be utilized
32 for a hotel. Thus a 10% note was structured to assure long term revenue and Lot 4 has a
33 75 year restriction on use as a hotel only. The ground lease did not contain any hotel use
34 provision.
35 On the one hand there is a cumulative revenue shortfall of $132,642, and on the other
36 hand the City has received $119,000 in property tax resulting in a net shortage of
37 $13,642. The recent nationwide weak economic situation has impacted all businesses.
3s The marina is 35% occupied. The point at which expenses are covered by revenues is
39 approximately 70% occupancy. MOPA has agreed to cover the cash shortfall incurred
4o through June 30, 1992, through a combination of principal and interest payments.
41 Confirming action will be before the Council prior to June 30, 1992.
Page 86, Vol. 27 ~ May 4, 1992
~ AD.TOURN
2 At 9:30 p.m., the meeting was adjourned.
~,~
3 M. Patricia Hilligoss, Mayor
4 ATTEST:
5 atricia E. Bernard, City Clerk