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October 1, 1990 Vol. 26, Page 61
1 MINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, OCTOBER 1, 1990
4 3:00 u.m. - ROLL CALL
5 PRESENT: Balshaw, Sobel, Davis, Vice Mayor Cavanagh, Mayor Hilligoss,
6 Woolsey, Tencer
7 ABSENT: None
8 There was none. PUBLIC COMMENT
9 MINUTES
10 The September 24, 1990, minutes were approved as submitted.
11 CONSENT CALENDAR
12 The following items which are noncontroversial .and have been reviewed by the City
13 Council and staff were adopted by a single motion which was introduced by Vice
14 Mayor Cavanagh and seconded by Michael Davis.
15 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer,
16 Vice Mayor Cavanagh, Mayor Hilligoss
17 NOES: None
18 ABSENT: None
19 RESO.90-331 NCS
20 CLAIMS AND BILLS
21 Resolution 90-331 NCS approving Claims and Bills #02998 through 03481.
22 ORD. 1824 NCS
23 SONOMA MT. PARKWAY PRECISE PLAN LINE
24 Adopt Ordinance 1824 NCS approving the Sonoma Mountain Parkway precise plan
25 line.
26 ORD. 1825 NCS
27 GROUND LEASE AT LUCCHESI PARK - BOYS AND GIRLS CLUB.
28 Adopt Ordinance 1825 NCS authorizing ground lease of real property to the Petaluma
29 Boys and Girls Club for construction of a facility in Lucchesi Park.
30 RESO.90-332 NCS
31 CONTRACT RENOVATION 1550 PETALUMA BLVD. SOUTH
32 Resolution 90-332 NCS awarding the contract for renovation of 1500 Petaluma
33 Boulevard South to C & G Builders for $502,150. The Petaluma People Services
34 Center contribution to the project will be $253,150. and the COTS (Committee on the
35 Shelterless) contribution WIll be $249,000. Phase 1 is "selective demolition%, Phase 2
36 is completion of asbestos abatement and completion of the remodelling.
Page 62, Vol. 26
October 1, 1990
1 RESO.90-333 NCS
2 TRUSTEE = ZONE IV WATER CERTIFICATES OF PARTICIPATION
3 Resolution 90=333 NCS ,appointing, Bank of America as trustee for the Zone IV Water
4 System Improvements. Certificates :of Participation.
5 POLICY ON SPARC REVIEW AFTER COUNCIL APPROVAL
6 At City Council meetings,. applicants normally present a_project in very broad, general
7 terms and do not identify particular design. specific& However; there are times in the
8 course of the development approval process while trying to induce City approval,; an
9 applicant will describe specific design detail (i;e., facade, such as "white brick", "read
10 glass, fake Windows color .scheme; or other specifi - design detail) that may be the
11 very ;factor that persuades the Council to accept a project. For that. "reason, the
12 subsequent City review process should not result in changes to the design specifics
13 without the Council's concurrence. The City Council emphasized that it is proposed
14 changes in those specifics related to siting and design about which the Council wishes to
15 be kept informed. Staff will draft a_resolution for consideration on October 15.
16 RESO.90-334 NCS
17 "DRUG YREE ZONES"
18 The Council considered the request from McDowell Drug Task Force to adopt a
19 resolution establishing 'Drug =Free Zones" that include: areas within 1,000, feet of a
20 public or private elementary, vocational, junior: or senior high. schools, youth centers,
21 swimming; pools and within ublic parks. State and Federal statutes provide for
22 additional penalties for drug, cocaine and cocaine derivative) pushing in :these 'Drug
23 Free Zones". Staff will work with school officials with the program and with the
24 signing of the zones. Dick Sharke from the McDowell Drug Task Force thanked the
25 City for this . support. Resolution '9.0-334 NCS authorizing drug free, zones was
26 introduced by.Brnan Sobel, seconded by Lynn Woolsey.
27 AYES:. Balshaw. Sobel, Davis, Woolsey, Tencer,
28 Vice Mayor Cavanagh, Mayor Hilligoss
29 NOES: None
30 ABSENT: None
31 OUTSIDE WATER -. OLD ADOBE SCHOOL
32 The City Council considered the request from Old Adobe School District for outside
33 water service to maintain irrigation of playing fields and possible human consumption
34 at.Old.Adobe School on :Old Adobe Road. The Council approved the concept as long
35 as the manner of connection will not in any' way be ggrgwth inducing nor will the
36 service . be for zany purpose other than the school'sgg&. Moved by Brian Sobel,
37 seconded by Jack Cavanagh.
38 AYES:, Balshaw: Sobel, Davis, Woolsey, Tencer,
39 Vice Mayor Cavanagh, Mayor Hilligoss
40 NOES`' None
41 ABSENT: None
42 The Council expressed 'its concern. that it did not want -this action to have the impact of
43 assisting' the district in closing Old Adobe School. Appropriate legislation will be
44 brought back for Council action.
October 1, 1990 Vol. 26, Page 63
1 RESO.90-335 NCS
2 CHILD CARE COMMITTEE BY-LAWS
3 Resolution 90-335 NCS approving the Child Care Committee by-laws as
4 recommended by the Music, Parks and Recreation Commission and modified by the
5 Council. Introduced by Larry Tencer, seconded by John Balshaw.
6 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer,
7 Vice Mayor Cavanagh, Mayor Hilligoss
8 NOES: None
9 ABSENT: None
10 ORD. 1826 NCS
11 ADD MUNI CODE CHAPTER 13.35 BENEFIT DISTRICT IN ASSESSMENT DISTRICT
12 Introduce Ordinance., 1826.NCSadding; Chapter 13.35 Benefit Districts Relating to
13 Assessment Districts.- Finance Director David Spilman noted the ordinance has.been
14 reviewed and amended by the development community, Bond Counsel Bob Brunsell
15 and the City Attorney. The prdinance was introduced'by Michael Davis and seconded
16 by Vice Mayor Cavanagh. `
17 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer,
18 . Vice Mayor Cavanagh, Mayor Hilligoss
19 NOES: None
20 ABSENT: None
21
TRANSIENT OCCUPANCY TAX RATE
22 The Council authorized staff to communicate with the Transient Occupancy Tax
23 (TOT) collectors and the Chamber of Commerce prior to the October 15 meeting
24 regarding a proposed TOT increase from 8% to 10%. The Council asked staff to
25 report on the City of Monterey use of a portion of their TOT for neighborhood
26 enhancement.
27 ADJOURN TO 7:00 mm.
28 RECONVENE ROLL CALL
29 PRESENT: Balshaw, Sobel, Davis, Vice Mayor Cavanagh, Mayor Hilligoss,
30 Woolsey, Tencer
31 ABSENT: None
32 INVOCATION
33 David Englund, Roblar Community Church of God, led the invocation
34 PLEDGE OF ALLEGIANCE
35 PUBLIC COMMENT
36 There was none.
37 CITY COUNCIL COMMENTS
38 Michael Davis - had some questions about Maria Drive geornetrics behind Royal
39 Oaks Mobile Home Park.
40 Brian Sobel, - read a letter complimenting the Engineering staff.
41 Lynn Woolsey - addressed the public regarding the criticism of the attendance of some
42 Councilmembers at a recent party.
43 John Balshaw - asked what the status of use of the Armory is for winter shelter for
44 single persons since -the COTS is not planning to volunteer their services there this
45 winter
'01
Page 64, Vol. 26 - October 1, 1990
1 PROCLAMATIONS
2 The- Mayor read, the following- proclamations:
3 Mental Illness Week October 7-13
4 Fire Prevention Week October 1-13
5 Red Ribbon Week October 20-28
6 October - Energy Awareness, month
7 PUBLIC HEARING RIVER OAKS FACTORY OUTLETEIR (cont'd.)
8 The following persons spoke at the River Oaks [Factory Outlet Village. EIR public
9 hearing which was a. continuation of the public hearing opened at the September 17
10 meeting:
11 Konocti Girl Scout Troon 222 - read a letter in opposition.
12 Jane Hamilton. 110 G Street spoke on .behalf. of F6fids' of'Petaluma and"herself -
13 opposed, the EIR is a jumble of comments and respci
rf:
October 1, 1990 Vol. 26, Page 65
1 Scott Hess. 1709 Suring Hill Road - supports and opposes, agrees the entire area
2 should be looked at; the building design of ,the proposed outlets should really respect
3 the river; supports the 200 foot open area along the river; do something else with the
4 parking as it is horrible and degrades trees which don't do well in parking lots; you
5 should go into an enlightened state of awareness when building on the flood plain; put
6 parking underneath so you can control the quality of the run-off; traffic should not
7 come in by the river; there is hardly any place in Petaluma where you can enjoy the
8 afternoon sunlight, this would be a good location 'to do that; be ecologically conscious
9 by utilizing experts when the bulldozing is done; those signs stating new factory outlet
10 mall here push his button, they should be taken down.
11 Keith Jones. 831 Cleveland Avenue - supports; if everyone is with what we have now,
12 then do nothing; then what we have now will be just a little worse; the flooding in
13 North McDowell area is improved; traffic concerns him a lot; this will bring passive
14 traffic, not intensely concentrated like 4:30 p.m. to 5:15 p.m. when the businesses
15 evacuate; there is nothing wrong with have choices for shopping; would support
16 investigation into Bill Kortum's suggestions.
17 RECESS 8:35 to 8:45
18 Anthonv Harrison, 82 Jess Avenue - opposes because of flooding and traffic on Payran
19 Hal Moorehead. 139 Westridge Drive - supports, described Chelsea's first outlet in
20 Flemington (Liberty Village), New Jersey; said it was a positive addition to the town.
21 Matt Maguire. 626 East. D Street opposes;, because to. be successful,. _the .project
22 depends on cars; this is the worst sort of development for a ,planned` growth
23 community; this should be built around a :mass tiansit, system; restrict 1parking spaces
24 to zero and ban all parking within the area"except for -residential permits; access
25 should be by foot or transit.
26 Ellen Moorehead. 139 Westridge Drive - supports; spoke about the Flemington
27 outlets; is marketing director for the Plaza Shopping, Center and said the merchants
28 welcome the factory outlets.
29 Gary Barr, Cinnabar School - the school board has taken no stand on the issue;
3o however, there is a concern for the children's safety along the bus routes.
31 Sue Svmons, 344 Smith Drive - supports, talked to people in the City of Monterey who
32 say it has worked out all right; pet peeve is the Golden Eagle Shopping Center
33 backing onto the river.
34 Ned Orrett. 1161 Western Avenue - self described as registered civil engineer and
35 ecologist; .the question is, can the earth survive with this; can we sacrifice open space
36 to automobile traffic for a shopping experience?
37 Maxine Durnev. 1=98 Elv Road, represents California .Native Plant Society - opposes,
38 this is an opportunity lo- have open corridors along the river; described the history of
39 the City of Fremont.
40 Steve Fillinger. 527 Sutter Street - supports, we have a chance. to avert the amount of
41 shopping dollars that leave this town.
42 John Chenev. 55. Rocca Drive - opposes, is concerned about flooding; is suspicious
43 everything is already decided before hand.
Page 66, Vol. 26 October 1, 1990
1 PUBLIC FEARING R1VER;0AK9 FACTORi(OUTLET EIR.(cont'd.)'
2 Joan Cooper: 333.Pleasant Street - represents Friends of Petaluma, opposes, said they
3 have signed _statements from over 100 voters opposed to the plan.
4 Marcie Becker: 953 _Gossaize. Avenue - represents, Downtown Marketing Group -
5 supports; submitted documents prepared. by Chelsea.
6 Norm Wallen, 1' Coadv Court - oppPoses, this. is not in, the communitYs best. interest;
7 there is a perception, that public officials are crooks and keeps hearing people don't
8 trust the, Council on this because' it is a. done deal"; hopes the Council is.,really
9 listening.
10 'Dan Jaffe.. 501 'Keokuk Street - opposes, this is morally wrong to tamper with the river
11 until the Payran'residents are assured of no more flooding; the bene'fi't should exceed
12 the cost of infrastructure; otherprojects could generate revenues; this is the wrong
13 project at the wrong ' place .at the wrong time andwill compound' existing ,problems;
14 before you approve the EIR, give 6 months for persons in the community to propose
15 options.
16 Tom Williams. 52 Graylawn - opposes; because it too strongly compromises the city's
17 image :and lifestyle; encourage the -Council to reject this.
18 Chris Christensen, 109 Rocca Drive - opposes, because of .traffic on Payran makes it
19 difficult ,to make a left turn from Rocca Drive onto .Payran right now, at peak traffic;
20 all you are looking at is :intersections; also noise and pollution will result: isgoing to
21 costhiin'taxe's noise,;floodin-wharis.he going to getout of'it?
22 Dorothy Morgan -Fleet. Frepreserits Citizens Against Rainier _ opposes, . questioned
23 traffic impacts such ,as those from the Santa Rosa JC to .be. built on Ely Blvd. North;
24 this' is fragmentation and uncontrolled growth; do the interchange EIR first.
25 Caroline `Williams. 52 -,Graylawn opposes, don't. let our town be known as a
26 destination for- discount shoppers ;with, a.roadside attraction; this won't cause people to
27 shop, downtown; deal with .the -flooding and,do an off ramp.
28 Cindv Ruffino. 2449 Petaluma Blvd. North - opposes, because of, traffic issues; very
29 difficult -to make left turn to Oak. Lane;, this is a gross thing -to do with, 'the river;
30 doesn't want to1ook at concrete buildings,
31 Man Bouch.' 1410 Skillman Lane -_ opposes, what direction do we, want development
32 to take in our lifetime? This will cause traffic and is inadequately planned. He
33 represents several doctors.
34 Gordon Blumenfeld. 112 7th Street - ,opposes„ does not think. highly of the
35 merchandise; implore the Council to deliberate very carefully.
36 Duane Bellinger-, Board member, Waugh School - opposes, the effect on Waugh
37 School' is not mentioned in the EIR. requests response to the impacts of the
38 automobile's carbon monoxide, lead and asbestos emissions; how much of this will go
39 into the classrooms; if the mall is. a failure, the people lose; of the methods of
40 distribution of retail' goods, mail order is least'energy intensive; corner store is. next,
41 supermarket is next and regional shopping centers. bring 85% 90% of the people
42 from out of the 'area .and are ,most energy intensive; why- wasn't this question
43 addressed? In 20 years that would mean 95 million,gallons of gasoline., The .social
44 costs of gasoline include hospitalization, uninsured motorists, damage and disabling
45 accidents. How much of .our fuel are we willing to use- for a fashion statement?.
October 1, 1990 Vol. 26, Page 67
1 Jim Lowrie. 792 Gossage - opposes, is sad, disappointed to seething with anger; trust
2 you will table this until the items are addressed: river, traffic, Cinnabar School,
3 Rainier, Petaluma Blvd. North, health, safety, flooding. Would like Chelsea to look at
4 flooding; would propose a Taft -Hartley 180 day cooling off period to evaluate the
5 project.
6 Donald Vivian. 26 Pavran Street - opposes.
7 Connie Peabodv. 514 8th .Street - opposes, brought a little live oak in a can and some
8 acorns; what we are all saying is we are concerned about the environment; endorses
9 Bill Kortum's suggestion; also suggested building an environmental education center
10 on the property.
11 Patricia Haramati, 505 7th Street- opposes, what is going to happen to our downtown
12 if the mall goes in; the historic reality is the downtown suffered greatly when the
13 eastside mall went in; is concerned about traffic and automobiles considering what is
14 happening globally (threat of war in the Middle Eastern oil producing area); wants to
15 see final EIR that is a more comprehensive document rather than a fumble of
16 comments; EIR doesn't address retail recession; when gasoline goes to $2.00 per
17 gallon, what will happen; the -freeway interchange of the City's choice should be
18 designated; which will that be; what improvements will be done to Petaluma Blvd.
19 North and what are the cumulative impacts to. Petaluma Blvd. North; B & C should be
20 included; how do they judge what the impacts will be; need traffic projections in
21 January and February; do the Level of Service figures reflect the Junior College; her
22 stopwatch records longer delays at intersections than have been reported.
23 Jim Bergin. 5401 Alta Monte Drive, Santa Rosa, representing himself and the
24 Creamery Store - supports, before she died, Nell Coddiiig said something like this is
25 coming to the area; outlets, attract people to spend money; factory outlets would be to
26 Petaluma what an anchor store is to a shopping center; it is up to the individual
27 merchant to go after, his business;, feels the developer is genuinely concerned about
28 Petaluma.
29 Tim Taffe. 7585 Vallev Ford Road - opposes, went to Freeport, Maine, specifically to
30 shop at L. L. Bean. A clerk in the store told him the outlet stores hurt the local
31 merchants; a family member of the sales clerk lost restaurant business to the outlets;
32 the clerk in L. L. Bean also told him taxes have gone up, traffic has gotten heavier, the
33 outlets don't provide local jobs (they imported them from New York and New Jersey,
34 but not from Maine).
35 Alan Sandy. D Street - opposes, because of traffic; has the cumulative effect from
36 Corona -Ely been included in the figures; wouldn't it make more sense to figure out
37 what to do with all these parcels before we go ahead and jump in with this project?
38 Charlie Carson, BIA of Northern California - supports, he is not able to draw much of
39 a parallel between Freeport, Maine; and Petaluma; revenue from the outlet in the
40 form. of shoppers coming back into the downtown to. shop, Sales Tax and permit fees
41 will be a positive and can infuse needed monies into infrastructure upkeep.
42 Wendy Cleveland. 1100 Gossaize - opposes, will the revenue from all the fees from the
43 factory outlet mall offset the impacts; on Saturdays, there is more than a 43 second
44 delay at Payran and Petaluma Blvd. North; what -will the traffic impact be on Petaluma
45 Blvd. South; will the downtown benefit with the additional traffic which will go that
46 route, that has not been addressed; downtown benefit, flood impact, highway
47 interchange, and lack of river master plan all point to the EIR being inadequate;
48 indicates the General Plan is not sufficient and a specific plan should be done.
1 PUBLIC HEARING RIVER OAKS. FACTORY OUTLET EIR. (cont'd.)
2 Mary Durney. _ 10364 Old Redwood Highway - opposes, this is one of the most
3 beautiful views along 'the river; thinks it should -ie a park.
4 David Noton. 1321 Chanrnan Lane - opposes, are the Councilmenibers hearing the
5 speakers opposing this?
6 Hearing -Closed There being no one else wishing to speak who had not spoken either
7 September 17 -or October 1, the hear ng,was closed..
8 Dialogue between developer and, ovvonents It was suggested that _at the very earliest
9 time; the developer, opponents, staff' and a facilitator' meet to begin a dialogue on the
10 perceived. problems.
11 EIR Format of responses The Council noted the EIR has become unwieldy- and
12 asked that the consultantcategorize the comments and responses into a summary for
13 ease of reference.
14 Councilmember questions on. the EIR The Councilmembefs .will ..continu'e their
15 deliberation on the EIR at the October 15 meeting at which time they will :address the
16 consultant requesting responses.
17 Also at the October 15 meeting questions will be hosed to the Traffic Engineer to
18 discuss among other things a, concise response on the time delay, at intersections in
19 terms. of delay experienced now. Also requested.was informatioII on road capacities,
20 sufficient traffic and cost data in order to evaluate whether the on/off -ramps should
21 be at Rainier or Corona. Road, whether or not the ramping could be .constructed in
22 phases; and what is the earliest construction time table.
23 Other subjects mentioned by Councilmembers were flooding; traffic, basic site design.
2a When they discuss river utilization and preservation,. the Council wishes to be able to
25 quantify the number of persons who wished; an environmental education experience or
26 siting differently with relation to "the river, for instance, so the Council, will get a: sense
27 of the extent of the public's wants. Regarding, the 200 .foot open- area along the river,
28 what will that impact be on businesses?
29 Meeting with CALTRANS; and Senator' Keene It was noted that a meeting has been
30 scheduled on October 11 with State Senator: Barry Keene and CAI TRANS in San
31 Francisco to discuss the proposed freeway connection.
32 EIR Responses Staff will ask the the -consultant to schedule November 12 as the date for
33 submittal of the EIR, hearing responses. .
34 The following items will be- considered at a later date:
35 1. General Plan Amendment to Special Commercial
36 2. Prezone/rezone 65±., acres to PCD
37 3. Master Plan 'for, Petaluma Outlet Village
38 4. Annexation of 24.298 acres
4
44-01V4
Page 68, Vol. 26
'October 1, 1990
1 PUBLIC HEARING RIVER OAKS. FACTORY OUTLET EIR. (cont'd.)
2 Mary Durney. _ 10364 Old Redwood Highway - opposes, this is one of the most
3 beautiful views along 'the river; thinks it should -ie a park.
4 David Noton. 1321 Chanrnan Lane - opposes, are the Councilmenibers hearing the
5 speakers opposing this?
6 Hearing -Closed There being no one else wishing to speak who had not spoken either
7 September 17 -or October 1, the hear ng,was closed..
8 Dialogue between developer and, ovvonents It was suggested that _at the very earliest
9 time; the developer, opponents, staff' and a facilitator' meet to begin a dialogue on the
10 perceived. problems.
11 EIR Format of responses The Council noted the EIR has become unwieldy- and
12 asked that the consultantcategorize the comments and responses into a summary for
13 ease of reference.
14 Councilmember questions on. the EIR The Councilmembefs .will ..continu'e their
15 deliberation on the EIR at the October 15 meeting at which time they will :address the
16 consultant requesting responses.
17 Also at the October 15 meeting questions will be hosed to the Traffic Engineer to
18 discuss among other things a, concise response on the time delay, at intersections in
19 terms. of delay experienced now. Also requested.was informatioII on road capacities,
20 sufficient traffic and cost data in order to evaluate whether the on/off -ramps should
21 be at Rainier or Corona. Road, whether or not the ramping could be .constructed in
22 phases; and what is the earliest construction time table.
23 Other subjects mentioned by Councilmembers were flooding; traffic, basic site design.
2a When they discuss river utilization and preservation,. the Council wishes to be able to
25 quantify the number of persons who wished; an environmental education experience or
26 siting differently with relation to "the river, for instance, so the Council, will get a: sense
27 of the extent of the public's wants. Regarding, the 200 .foot open- area along the river,
28 what will that impact be on businesses?
29 Meeting with CALTRANS; and Senator' Keene It was noted that a meeting has been
30 scheduled on October 11 with State Senator: Barry Keene and CAI TRANS in San
31 Francisco to discuss the proposed freeway connection.
32 EIR Responses Staff will ask the the -consultant to schedule November 12 as the date for
33 submittal of the EIR, hearing responses. .
34 The following items will be- considered at a later date:
35 1. General Plan Amendment to Special Commercial
36 2. Prezone/rezone 65±., acres to PCD
37 3. Master Plan 'for, Petaluma Outlet Village
38 4. Annexation of 24.298 acres
October, 1, 1990
1
2 At 11:10 p.m., the meeting was adjourned.
3 M. Patricia Hilligoss, Mayor
4 ATTES .
r
5 Patricia E. Bernard, City Clerk �—
w .
Vol. 26, Page 69
ADJOURN