HomeMy WebLinkAboutMinutes 03/16/1992March 16, 1992 Vol. 27, Page, 43
1 MINiJTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, MARCII 16, 1992
4 ROLL CALL
5 PRESENT: Read, Cavanagh, Vice Mayor Woolsey, Mayor Hilligoss,
6 Sobel, Nelson
7 ABSENT: Davis
s 37 1VIINiJTES
9 The March 2 minutes were approved as amended:
1o Page ~3; Line 32 -Add, "It was also recommended the-staff present a plan to identify how this
11 funding would be better applied to fix our streets. "1/
12 Page ~6 Line 18 -Change their to Santa Rosa's.
13 Page 3~~Line 38 -Add "Nancy Read declared she is a member of the Boys and Girls Club
14 Board of Directors. " I~
15 Page 4:~~,ine 19 -Add, "This extension was granted to this owner only and the extension is not
16 transferrable. " 1/
1~ C®NSENT CALENDAR
1s The following items which are noncontroversial and have been reviewed by the City
19 Council and staff were enacted by one motion which was introduced by Jack Cavanagh
20 and seconded by Nancy Read:
21 AYES: Read, Cavanagh, Sobel, Nelson
22 Vice Mayor Woolsey, Mayor Hilligoss
23 NOES: None
24 ABSENT: Davis
2s RESO. 92-61 NCS
26 CLAIlVIS AND BILLS
27 Resolution 92-61 NCS approving Claims and Bills #17581 through #17920.
2s RESO. 92-62 NCS
29 SURPLUS POLICE VEIIICLE
3o Resolution 92-62 NCS declaring Police vehicle #27 (Ford Taurus) surplus and
31 authorizing sale of the vehicle. The mechanics have advised the mechanical condition of
32 this vehicle has deteriorated beyond repair.
33 RESO. 92-63 NCS
34 I{INGSMILL PIIASE IV
35 Resolution 92-63 NCS. approving grading prior to final 'map for Kingsmill Phase IV, Unit 3 and
36 requiring a $204,300 Faithful Performance Bond.
Page 44, Vol. 27 March 16, 1.992
~ RESO. 92-64 NCS
2 GRANT APPLICATION -INTEGRATED WASTE MANAGEMENT
3 Resolution 92-64 NCS authorizing application by the County Joint Powers Agreement
4 participants to the California. Integrated Waste Management Board for a -grant of 1987
5 Solid Waste Disposal Site Cleanup and Maintenance Account Funds (State General
6 Fund). These grants were earmarked to provide local governments monies to help defray
~ the costs of establishing.. ,and implementing waste diversion and separation programs for
8 the purpose of preventing. disposal of .hazardous waste materials 'into the solid waste
9 landfills; i.e. garbage .dumps.
to RES®. 92-65 NCS
11 ~'VEEDS DECLARED A NiJI5ANCE -SET HEARING
12 Resolution 92-65.NCS declaring weeds a nuisance and setting the public hearing for April
13 6.
14 * * * * * End of Consent Calendar
15 RE50. 92-66 NCS
16 COUNTY-WEE JOINT POWERS AGREEMENT -INTEGRATED WASTE
1~ MANAGEMENT
18 APPOINTMENT OF'CITV'S REPRESENTATIVE
19 Resolution 92-66 NCS approving the final draft of the Joint Powers Agreement with the
20 Cities ,and County for AB-939, the integrated waste management 'legislation.. This
21 agreement provides for a cooperative forum on handling of wood waste, ,yard waste,
22 household hazardous waste and related public education programs. The City Council
23 appointed .Public Works Director Pat Miller to represent the City. Introduced by Nancy
24 Read seconded by Brian .Sobel.
25 AYES: Read, Cavanagh, Sobel, Nelson
26 Vice Mayor Woolsey, Mayor Hilligoss
27 NOES: None
28 ABSENT: Davis
29 GAS LOG APPLIANCES
3o The question of gas .log appliance installation regulations was tabled. Staff recommended
31 they work with the regulations as they are written. If problems arise, the Council will be
32 advised; staff will submit recommendations at such time.
33 RES®. 92-71 NCS.WATER FII.TEIt PLANT
34 FREE WATER -USERS NOTICE
35 The staff and Council discussed the possibility of discontinuing the use of the. Water
36 Filter Plant. at Lawler Reservoir. If the City of Petaluma wishes to continue to treat and
37 distribute water .from the Lawler Reservoir, .the State I~ealth .Department's .Safe Water
38 Treatment Regulations will require an expenditure of an estimated .$800,000 to 'bring the
39 treatment system into compliance. Furthermore, in order to bring the `Lawler pam into
ao compliance with the California Division of Safety of Darns, an expenditure of an
41 estimated $454,000 would be incurred.
March 16, 1992
Vol. 27, Page 4S
1 Staff advised the Council that the sum of these potential costs for the mandatory upgrades
2 at Lawler Dam would make this source of water cost more per year than Russian River-
a Cotati .aqueduct water costs. Staff recommended that a better utilization of water funds
4 would be in closing the operations at Lawler Reservoir in October of 1992 and drilling
5 additional wells as they are needed.
6 Cessation of use of the reservoir will also result in the old California Water Service
7 agreements with "free water users" no longer being applicable due to the elimination of
8 water access points on the Old Adobe Line that triggered the original agreements with
9 property owners.. These "free water users" will have a choice to connect to City water
1o service or develop a different water source. New water service has been installed to their
11 property lines.
12 No connection fees or meter fees will be charged to these water users. The water rates
13 charged to the former "free water users" will be the residential water rates. (Note
14 resolution numbering out of order sequence -resolution should have been included in
15 packet. Legislation was submitted after minutes were finalized and other legislation was
16 numbered and signed. P. E. Bernard, City Clerk) Introduced by Bonnie Nelson,
17 seconded by Brian Sobel.
18 AYES: Read, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
19 NOES: None
20 ABSENT: Davis
21
22
RFSO. 92-67 NCS
GRAND JURY RESPONSE
23 Resolution 92-67 NCS approving the response to the 1991 Grand Jury Report. The two
24 topics of interest to the City that were addressed in the Grand Jury report are: (1) The
25 School district allocations from redevelopment agencies and (2) Low and moderate
26 income housing funds generated by redevelopment agencies. Many of the Grand Jury
27 comments appeared to have been based on minimal research with the local jurisdictions.
28 No one in the City of Petaluma reported having any contact by this Jury regarding detail
29 of the processes on which the Jury made observations and recommendations.
3o City staff has met with the staff of other redevelopment agencies and with special
31 redevelopment counsel. They have developed a joint response to the Grand Jury report.
32 Although the 1991 Grand Jury has retired, the joint response will be forwarded to the
33 Presiding Judge and to the Grand Jury files. The. City Council asked staff to offer some
34 suggestions to enhance the effectiveness of the. Grand Jury process in future years.
35 Introduced by .Jack Cavanagh, seconded by Vice Mayor Woolsey.
36 AYES: Read, Cavanagh, Sobel, Vice Mayor Woolsey, Mayor Hilligoss
37 NOES: Nelson
38 ABSENT: Davis
39
40
Reso. 92-68 NCS
1992-93 I-JOUSING PROGRAM
41 Resolution 92-68 NCS approving the 1992/93 Housing Program as adopted by the
42 Petaluma Community Development Commission. Monies received from developments
43 "In Lieu" of construction of low/moderate income housing available for 1992-93 are
44 $463,000. Monies from the redevelopment agency available for the. 1992-93 fiscal year
45 are $770,568. This results in the availability of $1,234,279 for the 1992-93 Housing
46 Program.
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Page 46, Vol. 27
March 16, 1992
1 1992-93 .FIOiJSING .PROGRAM
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The City Council Housing Subcommittee recommendation for dispersal of 1992-93
housing monies follows:
Burbank Housing ~ '
Site Acquisition 500,000.
Preserve Parklane Administration 25,000.
Committee On The Shelterless
Year-round Singles Demonstration 17,300.
Project (4 months)
Innovative:Housing,
Home Acquisition "Shared" program 0..
Northbay Ecumenical Housing
Manufactured Home Loan, supplement
to 1991-92 allocation * 10,000.
Petaluma Ecumenical Project
Payran Acquisition Elder Apartments 273,500.
Petaluma People Services Center
MAP Pool 36,000.
CITY
Shelter Maintenance 10,000.
* Plus $240,000 already earmarked 240,000.
3o Resolution 92-68 NCS was introduced by Vice Mayor Woolsey and seconded by Nancy
31 Read.
32 AYES: Read; Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
33 NOES: None
34 ABSENT: Davis
35 REGIONAL GOVERNIV~NT
36 ABAG GENERAL. ASSEMBLY
37 The City Councilmembers will communicate their recommendations to Councilman Jack
3s Cavanagh. who is the City's delegate to the ABAG General Assembly.
39 CLOSET) SP:SSI®N
4o The- Council went into Closed Session to discuss litigation with the City Attorney.
41 AI)TOURIV TO 7:00 p.m.
42 ROLL CALL 7:00 p. m.
43 PRESENT: Read, Cavanagh, Sobel, Nelson, Mayor Hilligoss
44 ABSENT: Davis, Vice Mayor Woolsey
March 16, 1992
Vol. 27, Page 47
1 PLEDGE OF ALLEGIANCE
2 Herold Mahoney led the Pledge of Allegiance
3 PUBLIC COMMENT
4 Wayne Morgenthaler, from the Petaluma Community TV project -they have a program
5 that Viacom telecasts between 5 and 6 p.m. He gave the Council a document to read.
6 He would like to have an opportunity to participate in any cable television discussions
7 with the Council.
s Pat Hansen, 443 Donner Court - on behalf of Hospice, she presented the City with a
9 framed black and white photograph of the lighting of the Christmas trees in Center Park
10 last December. Hospice utilizes this as a fund raising activity by "selling" individual
11 lights.
12 Pam Torliatt, 1017 GStreet -she took the tour _of the sewer plant and was impressed with
13 the EOS presentation. There were only about 9 people in her tour group. She
14 encouraged residents to take the opportunity to gather groups of 9 or 10 persons and ask
15 for a tour of the plant.
16 Read Harris, 615 Madison Street -also works with the Petaluma Community TV project.
17 He said that although the agreement states that Viacom has the ability to utilize 1/2"
is video tape, they have told him their facility can transmit only 3/4" tape. He said this
19 makes public access a farce. He requested the Council make Viacom comply with the
20 agreement.
21 Pete Rodda, 23 Meadow Glen -urged the Council not to have a specific plan for the
22 Petaluma Blvd. South area because this could be integrated into the River Enhancement
23 Plan process.
24
CITI' COUNCIL COMMENTS
25 Brian Sobel -congratulated Read Harris and Wayne Morgenthaler who have worked very
26 hard on the Community Access issue. The City needs to follow up on the video tape size
27 issue.
2s CABLE TV SUBCOMMITTEE APPOINTMENT
29 Nancy Read -she would like to be on the Cable TV Committee. Mayor Hilligoss
3o removed herself from the Council Subcommittee on Cable Television and appointed
31 Nancy Read in her stead. ~ ~~
32 She complimented the Planning staff on the River Walk booklet,~e~a2~~~~
33 Bonnie Nelson -noted that at the end of the last meeting, Mr. Benedetti had returned to '
34 advise Mrs.. Nelson she was correct and that, indeed, the price of a gallon of milk is less
35 than the price of 2half-gallons of milk.
36 Recently her son went to a birthday party and on his way to the party,
37 from a spot under the bridge, some homeless, drinking adults had called up to the
3s children inviting the children to .come under the bridge to visit. She said she is in favor
39 of helping the homeless find shelter and food, but she has no desire for the City to have
4o trolls under the bridge.
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Page 48, Vol. 27 March 16, 1992
1 PROPOSED DEVEI.oPMENT OF EAST SIDE OF RIVER
2 .T. II. POMEROY -PROPERTY._OI.1 R,IVEit & 1VI~NF:A,R PF.NiNSiTi.A
4 The City Council heard the. presentation of a proposed master plan for mixed- use of lands
5 along the easterly bank of the Petaluma River roughly between D Street and the Highway
6 101 Petaluma River overpass., the Pomeroy property. Mr. Tim McGowan. indicated .the
7 desire of J. H. Pomeroy is to relocate within the City, if possible, and they :are attempting
8 to coordinate: their relocation, future production orders and ultimate land: development.
9 They have experienced several years' delay due to some changing philosophy on the part
io of the State. Lands Commission.
~ i In order to plan future, job projects so they do not .impact thee. company's relocation,. J. H.
12 Pomeroy needs to resolve the differences: between the State Lands' property ownership
t3 claims anal: J. H. Pomeroy fee title documents. The City. Council. was advised about the
14 reluctance on :the part of State Lands to proceed with identification of State Lands' fee
is title boundaries until the City of Petaluma .River "Parkway" (State Lands' 'wording)
16 Enhancement:. Plan has been finalized. State Lands feels that a substantial. portion of the
17 Pomeroy property remains subject to State sovereign ownership, either 'in fee title or in a
~g retained. public trust easement.
19 In connection with 'the City's River Enhancement Plan, the J. H: Pomeroy company has
20 offered to the City a 30 .foot strip for a public pathway around the perimeter of their
21 lands. They .also have offered a parcel at the very tip of the McNear "island" peninsula.
22 The Council also heard about the possibility of constructing amulti-family .residential
23 complex, hotel, ancillary retail and restaurants on the 90+ acre .:Pomeroy property, Mr.
24 Russell Pitto of Simeon Properties, who is planning. the development, is also looking at
25 the 16 acre railroad property and the 6 acre Shamrock property for this mixed ~ used
26 development. Simeon Properties is also scheduled to address the River Enhancement
27 Plan Committee.
2s In response to Council query, Assistant City Manager Warren. Salmons advised that each
29 property along the Petaluma River has a unique characteristic with regard to the State
3o Land claim of ownership at the- river edge: In some locations, there is no State .claim to
31 the land and in other locations there is a significant land claim.
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The City Council expressed no' objection to having a letter sent by `the :;
City to the State `Lands ' Commission stating the proposed settlement
agreement between J. H. 'Pomeroy and the -State .Lands Commission has
been discussed and'is acceptable to the City; and,', the City will reserve
the opportunity to enhance that>~ settlement in the 'future in Line with the >~
River'Enhancement Plan.
March 16, 1992 Vol. 27, Page 49
1 ORD. 1884 NCS
2 HELICOPTER TRAFFIC PATTERNS
3 Introduce Ordinance 1884 NCS amending the Municipal Code by adding Section
4 16.20.040 establishing helicopter traffic patterns and regulations at the Petaluma
5 Municipal Airport. Introduced by Jack Cavanagh, seconded by Nancy Read.
6 AYES: Read, Cavanagh, Sobel, Nelson
7 Mayor Hilligoss
8 NOES: None
9 ABSENT: Davis, Vice Mayor Woolsey
to RESO. 92-69 NCS
11 COUNTRY CLUB ESTATES 3 ALLOCATIONS
12 Resolution 92-69 NCS approving a final extension of Country Club Estates 3 allocations
13 from the current deadline of March 31, 1992, to March 31, 1993. The Country Club
14 Estates 2 and 3 subdivisions are being redesigned to provide more open space and to
15 concentrate the land use to allow that to occur. Introduced by Jack Cavanagh and
16 seconded by Bonnie Nelson.
17 AYES: Read, Cavanagh, Sobel, Nelson
18 Mayor Hilligoss
19 NOES: None
20 ABSENT: Davis, Vice Mayor Woolsey
21 RESO. 92-70 NCS
22 SECONDARY ALLOCATIONS - BURBANK HOUSING & COLABIANCHI
23 Resolution 92-70 NCS approving extension of secondary allocations from March 31,
24 1992, to no later than March 31, 1993, for Burbank Housing (Zell Property) and Karen
25 Colabianchi (Corona Road area). Introduced by Nancy Read and seconded by Jack
26 Cavanagh.
27 AYES: Read, Cavanagh, Sobel, Nelson
28 Mayor Hilligoss
29 NOES: None
30 ABSENT: Davis, Vice Mayor Woolsey
31 RECESS 8:15 p.m. to 8:30 p.m.
32 Public Information Officer Bonnie Bard shared information on the following topics with
33 the television audience during the Council Recess: Hazardous Materials collection dates
34 and material handling criteria, Spring Clean-up dates and debris box location, annual
35 weed abatement process, new Recreation Department Program brochure, anticipated
36 mailing of the State mandated Water Department water chemical analysis to all residents,
37 and her telephone number for the public to use in addressing issues with the City.
38 DISCUSS
39 SPECIFIC PLAN & EIR PREPARATION S. PETALUMA BLVD. AREA
4o The City Council was given an update on the "Petaluma Blvd. South Specific Plan Phase
41 I Report: Preliminary Analysis Findings". Planning Consultant John Wagstaff reviewed
42 the Preliminary Analysis Findings in detail.
43 Staff noted that the 1987-2005 Petaluma General Plan makes several references to the
44 City overseeing the preparation of a specific plan for the Southern Gateway area, using
45 the reasoning that a specific plan is a vehicle for careful urban design at a level of detail
46 not possible in the General Plan because it can focus on a particular area on the
47 development of design standards, zoning specifics, phasing, mix of uses and the like.
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Page 50, Vol. 27
March 16, 1992
~ The area is bounded on the northeast by the Petaluma. River. It is divided by U. S.
2 Highway 101 and by 'the NWP RR tracks. The "southerly" boundary of the study is
3 beyond the Urban Limit. Line. There was much discussion about whether or not the study
4 should 'include that land w, hich is to the exterior of the City's Urban Limit Line. which is
5 at the northernmost edge of the quarry settlement ponds. Although there was consensus
6 about the inviolability of that Line, it was felt by some that studying the area to the
~ outside would ensure development potential. In addition, some landowners-approached
s the City with an annexation request which triggered the first phase study to build an
9 information base on which to consider the annexation request.
io John Wagstaff reviewed the study in detail. At a very early stage. in the study a clear
~ ~ understanding was reached with the Christensen property ownership that at the end of
12 Phase 1, the City would make a decision as to whether or not that property was going to
13 be included in the subsequent phases of the planning effort.
14 The owners of the quarry property have expressed an interest in long-term planning,
15 anticipating the time when their resource will be exhausted. They envision a mixed use
~6 there much the same as Larkspur Landing which used to be Hutchinson Quarry:
17 The General Plan speaks to the desirability of visual improvement at this Southern
1s Gateway. And it goes on to say that an important aspect of a planning effort would be to
19 determine how improvement of that corridor could be addressed to learn what is
20 compatible maintain the viability existing businesses.
21 Urban Limit Line -choices include (1) leaving the Urban Limit Line as it is with the
22 Urban Separator immediately inside the Urban Limit Line; (2) move the Urban Separator
23 outside of and adjacent to the Urban Limit Line to pick up the settlement ponds, thus
2a leaving 4 or 5 acres of developable land on the Christensen property; (3) include all of
25 the Christensen property in the Urban Limit Line.
26 There is a question of wetland status of the settling ponds. The Army Corps of Engineers
27 determined it has wetlands jurisdiction over those lands. The Christensens have requested
2s anew determination from the Army Corps.
29 John Wagstaff went on to say that development of these lands .south of the Urban Limit
3o Line is directly tied into the need for sewer and good freeway access. The kinds of uses
31 that would not be needing sewer would be uses that would not really be compatible with a
32 visually improved gateway corridor.
33 His report indicates the possible need to reserve certain special sites in the planning area
34 for particular uses that would have very particular site requirements; i.e., a river oriented
35 hotel or highway oriented hotel complex. The report emphasizes the need to encourage a
36 strong visual and land use relationship to the river. Also identified is the need for a
37 coordinated area-wide wetlands planning effort.
3s He noted the CALTRANS U.S. Highway 101 on and off ramps may be moved down to
39 Kastania.
4o Planner Jennifer Barrett reviewed the Planning Commission recommendations.
4 ~ Other speakers were:
42 Ron Deering on behalf of Chris Christensen who owns 33 acres, some of which is inside
43 and some of which is outside of the Urban Limit Line.
March 16, 1992
Vol. 27, Page 51
1 Ed Sousa representing the Haynie Fuel Service is fearful this effort will wipe out their
2 business. If the on and off ramps are moved, how will this affect his business? If you
3 decide to approve construction of buildings here, you might as well build a brick wall
4 because no one will be able to see the view. He is also worried about the potential cost
5 impact to the small property owners. If any plans are going to be made, they would very
6 much like to be a part of it.
7 Herold Mahoney representing Royal Petroleum and Curtain Freight is opposed to his
s participating in funding further phases of a study. It would be appropriate to see what
9 CALTRANS' decision is on moving the off-ramps down to Kastania. He has customers
1o who have experienced terrific hardship from the McDowell project and he is concerned of
11 a repeat of that hardship. He doesn't know where the City will get the financing.
12 Pam Torliatt, 1017 G Street, this area should be looked at in connection with the River
13 Enhancement Plan and at the time of the General Plan update. You should defer action
14 until that time. Will- development of this area bring people into our downtown? She is
~5 concerned that adding an area to the study will automatically add the area into the City.
16 Harvey Goldberg of Deerfield Beach, Florida, he has a dock he donates to the Sea
17 Scouts. He requests any development of the area include putting in a restroom and 5 or 6
1s showers in a facility for the Sea Scouts. You are doing the right thing by planning ahead
19 for this type of area. Please remember the Sea Scouts in your planning processes.
20 Larry Sartori, 920 Mt. View, spoke on behalf of the Andersons who have parcels 14 and
21 18. He supports the planning process.
22 Lang Yee owns a home on the River (parcel 10) and is opposed to any planning activity
23 in the area. The drawing shows a road going through his property. He washed dishes to
24 earn the money to buy his home and he wants to be left alone. There are 50 owners and
25 only 8 paid for the study. He canvassed the others and they don't want it. This was
26 essentially jammed down his throat. No one has asked him for input.
27 Mattie Cloud, 1007 Phillips, although she has no objection to proceeding with the
2s specific plan, she has questions such as: Who pays for this, the landowners or the City?
29 The property owners don't want strings attached. How is this going to dovetail with the
3o River Enhancement Plan? She doesn't want the Urban Limit Line violated.
31 After some discussion, the five Councilmembers agreed to continue the discussion until
32 April 6 when there should be a full Council.
33 AD.T®URN
34 At 10:40 p.m., the meeting was adjourned to 7:00 p.m. M 30.
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M. Patricia Hilligoss, Mayor
ATTEST:
- ,
atricia E. Bernard, City Clerk