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HomeMy WebLinkAboutMinutes 11/05/1990November 5, 1990 ApprDVe.& as su6,„i44cb it -1 a-qo Vol. 26, Page 85 1 MINUTES OF A REGULAR MEETING 2 PETALUMA CITY COUNCIL 3 MONDAY, NOVEMBER 5,1990 4 3:00 P.M. ROLL CALL 5 PRESENT: Balshaw, Sobel, Davis, Vice Mayor Cavanagh, Mayor Hilligoss, 6 Woolsey, Tencer 7 ABSENT: None 8 PUBLIC COMMENT 9 There was no public comment. 10 - , . COUNCIL COMMENT 11 Michael Davis - referred to communications by Dena Edwards regarding the soccer 12. field at Miwok School. He asked if the Parks and Recreation Commission liaison 13 could help in addressing that situation. 14 Brian Sobel - noted the Recreation Director has responded satisfactorily to the issue. 15 Michael. Davis. - if Measure. F (Police and Fire Binding Arbitration) passes and. 16 Measure E is defeated on November 6, we should consider restructuring the budget in 47 such a way that .next year, 'so when arbitrators make a decision that impacts -the 18 budget it won't impact the other departments. 19 Lynn Woolsey - at Mary Street and Petaluma Blvd. North there are a number of 20 vehicles violating the "no left turn" regulations. There has to be something done there 21 so�people don't go north from that location because it completely inhibits traffic flow 22 on Petaluma Blvd. North. 23 Mayor Hilligoss - has been advised that a 600 pound motorcycle does not trip the 24 traffic signals at intersections and asked staff to look into that problem.. 25 MINUTES 26 The October 29 minutes were approved as corrected: 27 Page 80, Line 29, note that Vice Mayor Cavanagh voted no. 28 Line 40, note that the Building Industry supports the real property transfer tax 29 increase. 30 PROCLAMATIONS 31 Mayor Hilligoss proclaimed November 25 - December 1 as Home Care Week and 32 proclaimed November 20 through January 1, 1991, as Mothers against Drunk Driving Project 33 Red Ribbon. 34 CONSENT CALENDAR 35 The following items which are noncontroversial and have been reviewed by the City Council 36 and staff were enacted by one motion which was introduced by Vice Mayor Cavanagh and 37 seconded by Brian Sobel. 38 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer, 39 Vice Mayor Cavanagh, Mayor Hilligoss 40 NOES: None 41 ABSENT: None 42 RESO.90-355 NCS 43 CLAIMS AND BILLS 44 Resolution 90-355 NCS approving Claims and Bills #03890 to #04266. Page 86, Vol. 26 November 5, 1990 1 RESO.90-356 NCS 2 OAK HILL.RESERVOIR - COMPLETION *OF RETAINING WALL Resolution 90=356 NCS accepting completion of the Oak Hill Reservoir retaining wall by Matterhorn California of Santa Rosa for $14,611.50. 5 RESO.90-357 NCS 6 1990 HANDICAP ACCESS RAMPS 7 Resolution 90-357 .NCS accepting completion of the 1990 Handicap Ramp Project s which was awarded to Chaddock Construction for $5,390. 9 RESO., 90-358 NCS 10 CHERRY HILL FINAL MAP 11 Resolution 90-358 NCS approving the final map for Cherry Hill Subdivision (near 12 Magnolia and Liberty). (Before the vote, the City Attorney advised the bonds, need to - 13 be revised.) 14 RESO.90-359 NCS 15 APPOINTING GEORGE LOUTSCH TO THE PERSONNEL BOARD 16 Resolution 90-359 NCS confirming the October 15 Council aetion .appointing- G66rge 17 Loutsch to the -Personnel Board 'to complete the term. of the ,seat- vacated by' Carol 18; Belove's untimely death. r 19 RESO. 90-360 NCS 20 CLOSURE OF STREETS FOR NOVEMBER 11 VETERANS' DAY PARADE 21 Resolution 90-360 NCS approving closure of Western Avenue, Kentucky .Street, 22 Washington Street and Petaluma Boulevard between Washington Street; and "D" 23 Street between 10:30 a.m. and 2:30 p.m. for the Veterans Day Parade on .Sunday, 24 November 11, 1990. 25 RESO.90-361 NCS 26 CONSENT TO COMMON USE - ADOBE CREEK GOLF COURSE 27 Resolution .90-361 NCS approving Consent to! Common Use agreement with PG&E 28 relating to a water main installation that crosses the electric transmission facilities 29 easement at the Adobe Creek Golf Course and Clubhouse. 3o RESO.90-362 NCS 31 AWARD ACTUARIAL STUDY TO TILLINGHAST 32 Resolution 90-362 NCS awarding the contract for an actuarial study of the Liability, 33 Workers' Compensation and Dental funds to Tillinghast for a maximum of $15,000. 34 RESO.90-363 NCS 35 CONFIRMING TAX DEFERRAL 36 Resolution 90-363 NCS confirming the: tax deferral of the employee portion of the 37 contribution to Public 'Employees Retirement 'System. This document is required 38 pursuant to the Federal Internal Revenue' Service Tax Code Section 414 (h) (2). 39 RESO.90-364 NCS 40 ROTARY LAWN MOWER.PURCHASE 41 Resolution 90-364, NCS awarding, the contract for,pur. chase of a 60" rotary lawn mower. 42 to Bee Tee Equipment of Hayward for $7,385. November 5, 1990 Vol. 26,.Page.87 ORD. 1828 NCS REZONE KINGSMILL SUBDIVISION 3 Adopt Ord. .1828 NCS rezoning Kingsmill Subdivision (formerly Waterford Oaks - 4 located in the Corona/Ely area) -to Planned Unit Development. 5 RESO.90-365 NCS 6 KINGSMILL UNIT DEVELOPMENT PLAN 7 Resolution 90-365 NCS approving the Unit Development Plan for Kingsmill 8 Subdivision. 9 RESO.90-366 NCS 10 KINGSMILL TENTATIVE MAP 11 Resolution 90-366 NCS approving the Tentative Map for Kingsmill Subdivision. 12 CONTINUE SHELL APPEAL TO DECEMBER 3 13 The City Council continued the hearing on an appeal submitted by Shell Oil from the 14 Planning Commission. denial of a request to install car wash at their Payran and 15 Petaluma Blvd. North location to December 3. 16 * * * * * End of Consent Calendar 17 RESO.90-367 NCS 18 QUITCLAIM STORM DRAIN EASEMENT - MC NEAR HILL 19 Resolution 90-367 NCS authorizing quitclaim of superseded storm drain easements 20 for McNear Hill (Petaluma Blvd. South). This action is a result of the building pad 21 siting modifications made to the approved vesting tentative map. The subdivision has 22 changed from "airspace" condominium to "townhouse" condominium which caused the 23 building pad locations to be modified. This was removed from the agenda for staff 24 clarification of the subdivision change. Introduced by Lynn Woolsey, seconded by 25 John Balshaw. 26 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer, 27 Vice Mayor Cavanagh, Mayor Hilligoss 28 NOES: None 29 ABSENT: None 30 RESO.90-368 NCS 31 CERTIFICATES OF PARTICIPATION ZONE IV WATER 32 Resolution 90-368 .NCS awarding sale of $6,600,000 par value Certificates of 33 Participation (denomination of $5,000 each) for Zone IV Water System Improvements 34 to Bank of America at a net interest rate of 7.04889161% and an underwriter's 35 discount of 1.9917o. Bond consultant Don Van Dyke, after calculating the interest rates 36 and underwriter's discounts for each of the maturities, included in each of the 6 bids, 37 recommended sale to' Bank of America and explained the benefit of their lower 38 interest at the longest maturity (November 1, 2013 of 5.0001o. Finance Director David 39 Spilman estimated the additional connection fee in Zone IV water distribution area 40 would be. $3,000 to service these Certificates of Participation. Introduced by Larry 41 Tencer, seconded by Michael Davis. 42 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer, 43 Vice Mayor Cavanagh, Mayor Hilligoss 44 NOES: None 45 ABSENT: None Page 88, Vol. 26 November 5, 1990 1 ORD., 1829 NCS 2 TRANSIENT OCCUPANCY'TAX 3 Mayor .Hilligoss Having been absent at introduction, reported that she, watched the 4 meeting on television and therefore would participate in °the discussion and vote. 5 Adopt Ordinance 1829 NCS increasing the Transient Occupancy Tax from 8% to 6 10%. Finance Director David Spilman affirmed the Council's direction to delay 7 changing the reporting period from quarterly to monthly until January, 1991,.and 8 affirmed the Council's direction to , develop ,a procf;dure for reporting reservations 9 made prior to November 5 at the _8% Transient Occupancy Tax rate. 10 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer, 11 Mayor Hilligoss 12 NOES: Vice. Mayor Cavanagh 13 ABSENT: None, 14 -ORD. 1830 NCS 15 REAL PROPERTY TRANSFER, TAX 16 Mayor -Hilligoss noted although she was absent from the last Council meeting; she had 17 watched the meeting on television and she read a prepared speech about the State 18 Legislature balancing their budget, at the expense of local governments. There was 19 considerable discussion about the inereasin� financial burdens being declined by the 20 State at the expense of cities. Some Councilmembers spoke of considering repeal of 21 this real property, transfer tax .increase if the econonuc situation changed for the 22 better-. Adopt Ordinance 1830 NCS, increasing the Real Property Transfer. Tax from 23 $0.55 per 'thousand dollars to $1.15 .per thousand dollars (including liens; deeds of 24 trust and encumbrances and including, special assessments). A representative of the 25 real estate community spoke passionately saying- this :is going to make it a -little more 26 difficult for some people to purchase. proX901) rty: There was consensus that there should 27 be a repeal of'the portions of "SB -2557 that shifted financial burdens down to 28 the County and local jurisdictions. 29 AYES: Balshaw. Davis, Woolsey,,Mayoi Hilligoss 30 NOES: Sobel, Vice Mayor. Cavanagh, Tencer 31 ABSENT: None 32 RESO.90-369 NCS 33 SPARC,w POLICY ON PROTECTS SEEN BY COUNCIL 34 Resolution 90-369 NCS establishing a policy for the Site Plan Architectural Review 35 Committee stating amendments to projects which have been the subject of Council 36 discussion shall not, be revised' without Council, concurrence. The .Planning Director 37 noted if an item has generated d'iscuss'ion, it will `be brought back after. SPARC -review; 38 If an item doesn't generate discussion, staff will conclude the Council is not interested 39 in,seeing it again. Introduced by Brian Sobel, seconded by Michael Davis: 40 AYES: Balshaw. Sobel,,Davis,`Woolsey, 41 Mayor Hilligoss 42 NOES Vice Mayor Cavanagh, Tencer 43 ABSENT: None i .- November 5, 1990 Vol. 26, Page 89 RESO.90-370 NCS QUARRY GARDENS NEGATIVE DECLARATION 3 Resolution 90-370 NCS approving a mitigated negative declaration: for rQuarry 4 Gardens (McNear South of Mission). Planner Jenny Cavanagh reviewed .the project 5 specifics and noted • the impacts and mitigations. Introduced by Larry Tencer, 6 seconded by. Lynn Woolsey: 7 AYES: • Balshaw. Sobel, Davis, Woolsey, Tencer; 8 Vice Mayor Cavanagh, Mayor Hilligoss 9 NOES: None 10 ABSENT: None 11 RESO.90-371 NCS 12 O'UARRY GARDENS TENTATIVE MAP 13 Resolution 90-371 NCS approving the tentative map for Quarry Gardens (McNear 14 South of Mission). The specific conditions of the" tentative map were reviewed by 15 Planner Cavanagh prior to the Council action. It was noted it is,.the, intent to. save the 16 mature trees along McNear Avenue. Introduced by Michael Davis, seconded by Vice 17 Mayor Cavanagh. 18 AYES: Balshaw. Sobel, Davis, Woolsey, Tencer, 19 Vice Mayor Cavanagh, Mayor Hilligoss 20 NOES: None 21 ABSENT: None 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESO.90-372 NCS MARINA BUSINESS CENTER UNSUITABLE FOR BEACH OF PARK Resolution 90-372 NCS declaring that the Petaluma Marina Business Center is unsuitable for use as a public beach or park. Before discussion began, Councilman Sobel noted a potential conflict of interest (he may lease office space at the Marina) and he stepped out of the Council Chambers for the remainder of the session. City Manager John Scharer noted the Council subcommittee consisting of Mayor Hilligoss, John Balshaw and Larry Tencer met with principals of the Marina Business Center regarding the future development of the site. The Lok family, who will enter into an owner participation agreement with the redevelopment agency, intends to construct a 154 room hotel on the property (Lot 4). The Council subcommittee will continue to meet to work out several details of the process. Introduced by John Balshaw, seconded by Larry Tencer. AYES: Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: None ABSENT: None ABSTAIN: Sobel ORD. 1831 NCS AUTHORIZE CONVEYANCE MARINA TO PCDC Introduce Ordinance 1831 NCS authorizing the conveyance of the Petaluma Marina Business Center to the Petaluma Community Development Commission. Introduced by Lynn Woolsey, seconded by Vice Mayor Cavanagh. AYES: Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: None ABSENT: None ABSTAIN: Sobel Page 90, Vol. 26 November 5, 1990 1 ADJOURN 2 At 5:05 p.m., the Council sat in Closed Sessio discuss 3 adjourned. 4, _A Patricia Hilligoss, ;1Vlayor 5 ATTEST - 6 Patricia E. Bernard; City Clerk and then