HomeMy WebLinkAboutMinutes 12/10/1990December 10, 1990
Approved as subrn;44ed
12.- 1'1-40
Vol. 26, Page 105
1 MINUTES OF A REGULAR ADJOURNED MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, DECEMBER 10, 1990
4 3:00 mm. - ROLL CALL
5 PRESENT: Balshaw, Sobel, Davis, Vice Mayor Cavanagh, Mayor Hilligoss,
6 Woolsey
7 ABSENT: Tencer
8 PUBLIC COMMENT
9 MINUTES
10 The minutes of November 19 were approved as submitted.
11 The minutes of November 26 were approved as submitted.
12 CONSENT CALENDAR
13 The following items which are noncontroversial and have been reviewed by the City Council
14 and staff were enacted by one motion which was introduced by John Balshaw and seconded
15 by Michael Davis.
16 AYES: Balshaw. Sobel, Davis, Woolsey,
17 Vice Mayor Cavanagh, Mayor Hilligoss
18 NOES: None
19 ABSENT: Tencer
20 RESO.90-395 NCS
21 CLAIMS AND BILLS
22 Resolution 90-395 NCS approving Claims and Bills #04774 through #05159.
23 RESO.90-396 NCS
24 APPROPRIATE FUNDS FOR HOMELESS
25 Resolution 90-396 NCS allocating additional funds . ($4,138) to $20,862 already
26 appropriated for operation of the National Guard Armory for homeless adults. Also
27 appropriated was a 5% contingency of $1,250 to be allocated for expenses which may
28 be authorized by the Director of Commumty Development.
29 RESO.90-397 NCS
30 UPFOLD APPEAL- CHEVRON STATION 1440 'E. WASHINGTON
31 Resolution 90-397 NCS confirming Council action of November 19 upholding ;,the
32 appeal of Chevron regarding driveway access to East Washington near Washington
33 Square.
34 ORD. 1832 NCS
35 " REZONE�COLVIN SUBDIVISION
36 Adopt Ordinance 1832 NCS rezoning Colvin Subdivision at 412 Bodega Avenue from
37 R-16,500 to R-1/20,000.
Page 106, Vol. 26
December 10, 1990
1 RESO.90-398 NCS
2 ABANDON STORM DRAIN EASEMENT - MADISON MANOR
3. Resolution 90-398 NCS abandoning an unused storm drain easement located on Lot 6
4 of Madison Manor Unit 2'.
5 RESO.90-399 NCS
6 CANVASS NOVEMBER 6.199.0. ELECTION
7 Resolution . 90-399 NCS 'declaring canvass of returns and results, of the Regular
8 Municipal and Petaluma . High School Board and Charter Amendment elections
9 consolidated with the Statewide General Election on November 6, 1990.
10 'WHEREAS; the City of Petaluma conducted' a Regular- Election on November 6,
11 1990, in conjunction with the Statewide General Election; and,
12 WHEREAS. the City of Petaluma also conducted a Special Election Consolidated
13 with the Regular Election to submit a proposed Charter amendment by adding
14 Section 83 which reads as'follows:
15 Measure E - Shall Section ,83 be added to, -the City Charter which states:
16 "Section ,83 - Voter Approval Required of Arbitrator's _Awards - Wages,. benefits or
17 employee -related °expenses which have not been approved by resolution of the City
18 Council, and which .are the result of binding .fact=finding or binding arbitration .may not
19 be imposed on the taxpayers of Petaluma without, approval of the voters as set. forth in
Zo this section. Notwithstanding any other provision.of this Charter, such expenses shall
21 not be paid .by _ the City until additional revenues and appropriations .thei efor ,have
22 been approved by vote of the people pursuant to California Constitution. Article XI1I
23 A; Section 4 and. Article XIII B, Section 4. The City Council shall not„be required to
24 call an election to approve..such additional revenues and appropriations more than
25 once a.year and may consolidate`,said elections with elections held.for other°purposes.”
26 WHEREAS' the City of Petaluma also conducted a Special Election, on an initiative
27 measure, which was certified by ;the City Clerk, to submit a proposed Charter
28 amendment by adding Section, 82 which would read asi follows:
29 "Measure 'F - Shall Section 82 be added to the City Charter which states:.
30 "Section 82: - Police and Fire Binding Arbitration.
31 Section t. Declaration of Policy. It .is hereby declared to be the policy of the City of
32 Petaluma that strikes by firefighters and police officers pose an imminent. threat to
33 public° 'health. , and. safety and should be prohibited, and that 'a, method should be
34 adopted for ,peacefully and equitably resolving disputes that might otherwise lead to
35 such strikes.
36 "Section. 2. - Prohibition _Against Strikes,,No City of Petaluma police officer or
37 firefighter: employee, employee 'union, asociation or organization shall; ;strike or
38 engage in such. concertedi economic .activity against ahes City of Petaluma. Disputes
39 unresolved by negotiations .should 'be resolved by the 'arbitration procedure set, forth
40 herein. Any such employee who fails: to report' for work without good and just cause
41 during- said negotiations or who aids_, abets or encourages strikes, or other such.
42 economic 'activity against 'the City of Petaluma during such time shall .be subject to
43 disciplinary.:action,.including, but not limited to -termination from the City of Petaluma
44 employment, subject to the provisions of this Charter, the City's Personnel Rules .and
45 Regulations and lawful procedures.
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December 10, 1990 Vola 26, Page 107
"Section 3 . Obligation to Neiiotiate in Good Faith. The City, through its duly
authorized representatives, shall negotiate in good faith with the recognized fire and
police department, employee organizations on all matters relating to the, wages, hours,
and other terms and conditions of the City employment, including the establishment of
procedures for the resolution of grievances submitted by either employee organization
over the interpretation or application of any negotiated agreement including a
provision for binding arbitration of those grievances. Unless and until agreement is
reached through negotiations. between the City and the recognized employee
organization for the fire or police department or. a determination is made through the
arbitration procedure hereinafter provided, no .existing benefit or condition of
employment for the members of the fire department or police department bargaining
unit -shall be eliminated. or .changed.
"Section 4. Impasse Resolution Procedures. All disputes or controversies pertaining
to wages; hours; or I terms: and conditions of employment which remain unresolved
after good faith negotiations between the City and either the fire or Police
-Department employee organization shall be submitted to a three-member Board of
Arbitrators upon the declaration of an impasse by the city or by the recognized
employee organization involved in the dispute.
'Representatives designated by the City and representatives of the recognized
employee organization involved in the dispute, controversy or gievance shall each
-select one arbitrator to the Board of Arbitrators within three ) days after either
party has notified the other, in writing, that it desires to proceed to arbitration. The
third.member of the Arbitration Board shall be selected by agreement between the
two arbitrators selected by the City and the employee organization, and shall serve as
the neutral arbitrator -and Chairman of the Board. In the event that the arbitrators
selected by the City and the employee organization cannot agree upon the selection of
the third arbitrator within ten (10) days from the date that either party has notified the
other that it has declared an impasse, then either party may request the State of
California Conciliation Service to provide a list of seven (7) persons who are qualified
and experienced as labor arbitrators. If the arbitrators selected by the City and the
employee organization cannot agree within three (3) days after receipt of such list on
one of seven (7) to act as. the third arbitrator, they shall alternately strike names from
the list of nominees until only one name remains and that person shall then become
the third arbitrator and'chairman of theAArbitration Board.
"Any arbitration convened pursuant to this article shall be conducted in conformance
with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil
Procedure.
38iAt. the conclusion of the arbitration hearings, the Arbitration Board shall direct each
39 of the parties to submit, within such time as the Board may establish, a last offer of
40 settlement on each of the issues in dispute. The Arbitration Board shall decide each
41 issue by majority vote by selecting whichever last offer of settlement on that issue it
42 finds most nearly conforms with those factors traditionally taken into consideration in
43 the determination of wages, hours, and other terms and conditions of public and
44 private employment, including, but not limited to, changes in the average consumer
45 price index. forgoods and services, the wages, hours, and other terms and conditions of
46 employment of other employees performing similar services, and the financial
47 condition of the City and its ability to meet the cost of the award.
f0b: 3
Page 108, Vol. 26
December 10, 1990
1 "After reachin& a decision, the Arbitration Board shall- .mail or otherwise deliver a true
2 copy of its decision to the parties. The decision of the. Arbitration Board shall not be
3 publicly disclosed and shall not be, binding until- ten. (10) days after it. is delivered to
4 the parties. During that ten-day period the parties may meet privately, attempt to
5 resolve their differences, and by mutual .agreement amend or modify any of the
6 decisions of the Arbitration Board. At the conclusion of the ten -;day period, which
7 may be extendedE -by ' r iutual agreement between the. parties, the decision of the
8 Arbitration Board together, with any amendments or modifications agreed to by the."
9 parties shall be publicly disclosed and shall be binding upon .the parties. The City and -
10 the recognized employee organization shall take whatever action .is necessary to -carry
11 out and effectuate the award.
12 "The expense of any arbitration convened pursuant to this article, including the fee for
13 the services of the Chairman of the, Arbitration Board, shall lie-. borne .equally by the
14 parties. All other .expenses which the parties may, incur individually are, to be' borne by
15 the party incurring such expenses.
16" WHEREAS, the Municipal .Election was held in the City of Petaluma on_ 'November u
f'
17 6, 1990; and,
18 "WHEREAS, the votes from said election were., received. ?and canvassed by the
19 Sonoma County and Marin County Elections Departments (Exhibit A .to this
20 resolution), and the returns thereof were ascertained and declared in all respects as
21 required by law:
22 '.NOW, THEREFORE, BE IT RESOLVED by the City Council of the. City of
23 Petaluma as follows:
24 (1) The City Clerk is hereby instructed to enter' this Resolution on the minutes of
25 this meeting as a statementof- the result of said election;
26 "(2) The total. number of ballots cast in the City at said Regular Municipal Election
27 was as follows:
28 MEASURES Total Votes 'Votes For, Votes Aizainst
29 Measure E.fdiled 13,369 6,118 7,251
30 Measure F passed 13.,662 9,073 4,589
31 Total number of Voters 23,592
32 Total number of Ballots 15,218
33 Voter Turn -out 64.5%
34 Petaluma High School Board:
35 2-vear seat Yelect 1) -Total Votes Votes For -
36 Camille A. Sauve 8;4.72
37 Marin County Vote 48 8,520*
38 Jeanne -Dreikosen 6,644
39 Marin County Vote 37 6,681-,
December 10, 1990
1
Petaluma High School Board:
Total Votes
2
4-vear seat (elect 3)
6,526
3
Sally Foley
11,255
4
Marin County Vote
6,025
5
Louis Steinberg
7,994
6
Marin County Vote
4,277
7
Carolyn Tennyson
6,488
8
Marin County Vote
15,228
9
Pearl Evans
6,472
10
Marin County Vote
# # # End of Canvass # #
11
Allan Andres
6,071
12
Marin County Vote
13
John Mills
..5,993
14
Marin County Vote
15
Total Number of Registered Voters for Scliool Board Election:
16
Sonoma County
31,538
17
Marin County
253-
18
Total Number of Ballots for School Board Election!
19
Sonoma County
20,633
20
Marin County
168
21
Voter Turn -out for School Board Election:
22
Sonoma County
65.4%
23
Marin County
66.4%
24
Petaluma Mavor (elect 1)
25
M. Patricia Hilligoss
26
Vince Landof
27 Petaluma Citv Council (elect 3)
Vol. 26, Page 109
Votes For
85
11,340
54
8,048*
38
6,526
22
6,494
53
6,124
32'
6,025
7,807*
5,789
28
Brian Sobel
7,286*
29
Nancy Read
7,036*
30
Bonnie Nelson
5,990*
31
Norm Ross
5,146
32
Larry Tencer
5,070
33
Terry Kosewic
4,277
34
Total number of ballots
23,592
35
Total number of Registered Voters
15,228
36
Voter Turn -out
64.5%"
37
# # # End of Canvass # #
Page 110, Vol. 26 December 10, 1990
1 RESO.90-400-NCS
2 APPOINT TENCER TO RIVER COMMITTEE
3 .Resolution 9.0-400 NCS appointing Lawrence Tencer to the Petaluma River .
4 Enhancement Citizen Project Committee.
5 RESO.90-401 NCS
6 PURCHASE RACK HOE
7 Resolution 90-401 NCS approving purchase of a back hoe- from. Westco Tractor and
s Equipment of Santa Rosa for $15,000.
9 RESO.:90-402 NCS
10 PURCHASE DUMP TRUCK
1.1 Resolution 90-402 NCS approving purchase of a 4 to 5 cubic yard dump. truck from
12 101 international of Rohnert Park for $24,428.44.
1.3 RESO. 90-403 NCS _
.14'. AMEND CADER PUD
15 Resolution 90 -403 -NCS amending Resolution- 90-.193 NCS, which approved the unit
16 development plan for Cader'Far`ms Subdivision in the Corona Ely Specific Plan area,
17 by deleting the 10% architectural diversity requirement of the General Plan.
18 RESO.„90-404 NCS .
.19 AMEND. MOUNTAIN VALLEYPUD,
20 Resolution 90-4.04 NCS .amending Resolution 90-242 NCS which approved the unit
21 development plan for. Mountain ' Valley Subdivision [formerly, Morningside: Subdivision]
22 in the .Corona Ely ;Specific Plan .area, by deleting the 10010 .architectural diversity
23 requirement of -the General Plan.
24 # :# # # # End of Consent Calendar # # #.# #
25 RESO..:90-405 NCS
26 NEG. DEC. FOR ZONING ORDINANCE 1072 NCS TEXT AMENDMENTS
27 Junk Yard Definition 'The City Council reviewed the proposed amendment to the
28 Junk Yard definition which clarifies the difference between "Open Storage and "Junk
29 Yard". The Council concurred with the suggested amendment and added .language to
30 Zoning Ord. 1072 NCS stating junk yards are prohibited in R districts. It was further
31 recommended that the language be strengthened to facilitate the abatement of
32 abandoned vehicles in R districts.
33 Floodwav and floodblain The City Council concurred with the staff recommendation
34 to .bring, Article 16 -into conformance with the Federal Emergency' Management
35 Agency newly adopted administrative rules.
36 Riverfront - Warehouse District The Planning Department brought this to the
37 Council as the result of contacts from Petalunians regarding too;many`cars parking on
38 the streets in this zone. The Council did; Aotact to amend. Zoning, Ord., 107.2 NCS, but
39 did direct ,staff, to prepare a policy resolution stating it. is the intent of the City, to
40 encourage redevelopment in the Riverfront area and the parking standards .for' this
41 area may be more relaxed than would be the case in development of new industrial
42 areas.
December 10, 1990 Vol. 26, Page 111
1 The resolution authorizing issuance of a negative declaration of .environmental impact
2 was introduced by John Balshaw; seconded by Vice Mayor Jack Cavanagh.
3 AYES: Balshaw. Sobel, Davis, Woolsey,
4 Vice Mayor Cavanagh, Mayor Hilligoss
5 NOES: None
6 ABSENT: Tencer
7 ORD. 1834 NCS
8 AMEND ZONING ORD. 1072 NCS TEXT
9 Introduce Ordinance 1834 NCS adopting Text Amendments to Zoning Ord. 1072 NCS
10 pursuant to Council action on November 19, November 26 and December 10:
it Article 1- Definitions:
12 Accessory Dwelling
13 Bed and Breakfast
14 Building Heights
15 Definition•of Junk Yard
16 Article 2 - Establishment and Designation of Districts:
17 General Plan / Zoning Consistency
18 SPARC review of subdivisions
19 Article 5 - Agricultural District:
20 Conditional Use, Agricultural District
21 Article 6 - Single family Residential Districts:
22 Height Regulations
23 Article 16 - Floodway, Floodplain:
24 Definitions
25 Manufactured Home Parks
26 Ariicle 26 Administrative Procedures and Required Permits:
27 Signs,Adjacerit to the Freeway
28 Sign Permit Application
29 Site Plan Architectural Parameters of Residential Review
30 Introduced by Vice Mayor Cavanagh, seconded by Brian Sobel.
31 AYES: Balshaw. Sobel, Davis, Woolsey,
32 Vice Mayor Cavanagh, Mayor Hilligoss
33 NOES: None
34 ABSENT: Tencer
35 RESO.90-406 NCS
36 COUNCILMEMBER HEALTH INSURANCE
37 Resolution 90-406 NCS providing continued health benefits (health, medical, dental
38 and vision care) for Councilmembers [does not include spouses] who leave office after
39 having served at least 8 years on the City Council, who have reached the age of 50, and
40 who have been covered by health insurance for a 'minimum of 3 years immediately
41 prior to requesting coverage. Coverage is not retroactive to former Councilmembers.
42 The City will pay the premium amount equivalent to the least expensive plan available
43 to the City. Should an eligible, retired Councilmember avail himself to other
44 coverage, the City will pay towards that coverage at a rate not to exceed 100% of the
45 lowest cost plan premium available to the City at that time.
Page 112, Vol. 26
December 10, 1990
1 COUNCILMEMBER HEALTH INSURANCE cont'd.
2 Vince Landof, 12 Cordlia Drive, expressed concern about the future cost of the
3 program because of -the fact that: health insurance- coverage costs have risen a great
4 deal in the past few years and there is no evidence that degree of increase will change.
5 Staff noted the premium would be ,reduced. at the time the Councilmember is eligible
6 to receive .Medicare coverage. Introduced by Lynn_ Woolsey, "seconded by John
7 Balshaw.
8 AYES: Balshaw. Sobel, Davis, Woolsey,
9 Vice Mayor Cavanagh, Mayor Hilligoss
10 NOES: None .
11 ABSENT: Tencer
12 RESO.90-407 NCS
13 OAK HILL PARD TREE EVALUATION
14 Resolution 90-407 NCS accepting the Oak Hill Park. tree evaluation conducted by
15 Arborist, Rob Gross, and authorizing staff to remove the damaged trees. The
16 recommendation was developed through a coordinated effort by a neighborhood
17 group, the consultant and staff. Recreation. Director Jim Carr introduced .Mr.. Gross
18 who described. the root fungus and wood fungus intrusion on certain oak trees, in the
19 park. The root fungus stems from. turf irrigation; oak trees require. much less water
20 than grass does. The wood fungus has taken hold on trees which werein a weakened
21 condition. The wood will be -sold to recover some of'the cost. It is recommended that
22 16 trees be removed. Introduced by Michael Davis, ,seconded by Brian :Sobel.
23 AYES: Balshaw::Sobel, Davis, Woolsey,
24 Vice Mayor Cavanagh, Mayor Hilligoss
25 NOES: None
26 ABSENT: Tencer
27 RESO.90-408 NCS
28 MULTI -HAZARD EMERGENCY PLAN
29 Resolution 90-4084. NCSadopting updated Emergency Operation Plan and repealing
30 prior plans. Fire Chief Knout.noted'the proposed multi -hazard emergency plan. covers
31 all hazards and is meant to supersede the existing plan which was adopted by
32 Resolution 9556 NCS. In the near future, each Emergency Operations Center. Section
33 Chief will be updating the annex under his/her control; i.e., public, information, police,
34 fire, rescue, shelter-, transit,, and so on. Introduced byLynn Woolsey, seconded by
35 Vice Mayor Cavanagh.
36 AYES: Balshaw. Sobel, Davis, Woolsey,
37 Vice Mayor Cavanagh, Mayor Hilligoss
38 NOES: None
39 ABSENT: Tencer
4o RESO.90-409;NCS
41 DISASTER COUNCIL MEMBERSHIP
42 Resolution 90-409 NCS confirming Disaster Council membership:
43 Industry:
44 Jim. Ford of Tegal
45 Wayne Roller of 3M
46 Utilities:
47 Marcel Feibusch of PGandE
48 unnamed Pacific Bell representative
49 Schools:
50 Bill Anderson, Petaluma School .District
51 Tom Eggert, Adobe School District
December 10, 1990 Vol.'26, Page 113
1 Chamber of Commerce:
2 Libby Harvey of Alphas Chemical
3 Red Cross:
4 Bob LaMay
5 Darlene Lamott
6 Hospital/Clinic:
7 Mary Brown, Petaluma Valley Hospital
8 John Edmunds, Kaiser Clinic
9 Office of Emergency Services:
10 Dan Nicholas
11 Rod Gram
12 City of Petaluma:
13 Mayor Patty Hilligoss,
14 City Manager -John Scharer
15 Fire Chief Terry Krout
16 Citizen Representative:
17 Vince Landof, retired PGandE
18 Introduced by Michael Davis, seconded by Brian Sobel.
19 AYES: Balshaw. Sobel, Davis, Woolsey,
20 Vice Mayor Cavanagh, Mayor Hilligoss
21 NOES: None
22 ABSENT: Tencer
23 RESO.90-410 NCS
24 DBE FOR FAU
25 Resolution 90-410 NCS adopting a Disadvantaged Business Enterprise program for
26 Federal Aid Urban. The U. S'. Department of Transportation, through CALTRANS,
27 requires that all recipients of federal funds implement the disadvantaged business
28 enterprise program, the goal of which is to provide an opportunity for at least 10%
29 disadvantaged business enterprises and minority firms to participate in the
30 performance of contracts and subcontracts. Accordingly, that will be the goal for the
31 upcoming North and South McDowell Blvd. resurfacing project. Introduced by
32 Michael Davis, seconded by Brian Sobel.
33 AYES: Balshaw. Sobel, Davis, Woolsey,
34 Vice Mayor Cavanagh, Mayor'Hilligoss
35 NOES: None
36 ABSENT: Tencer
37 CLOSED SESSION
38 At 5:00 p.m., the Council recessed to a Closed Session to discuss litigation with the
39 City Attorney.
40 ADJOURN
41 The meeting was then adjourned to 7:00 p.m.
42 RECONVENE and ROLL CALL - 7:00 u.m.
43 PRESENT: Balshaw. Sobel, Davis, Woolsey,
44 . Vice Mayor Cavanagh, Mayor Hilligoss
45 ABSENT: Tencer
SjOr. 6y
Page 114, Vol. 26 December- 10, 1990
1 PLEDGE OF ALLEGIANCE
2 PUBLIC COMMENT'
3 Duane Bellinger, 12 Fujita Road, spoke in opposition to certification of the EIR for
4 the River Oaksfactory outlet project because of inadequate response, to'the questions
5 he had' askedabout the amounts of carbon monoxide, asbestos and .lead emissions
6 from vehicles travelling to and from •the project and the effect that would have on the
7 children attending the new Waugh School District: school on Maria Drive. He also
8 asked where we will obtain the 9 million gallons' of gasoline used -to transport vehicles
9 to and from the .outlet stores.
10 Vince Landof, 12 Cordelia Drive, asked if the City has considered the amount of
11 traffic that will he generated by -the proposed car wash at Payran and Petaluma Blvd.
12 North and the effect that will have_ on Payran. residents.. There are .so many cars
13 coming past a 'Shell: car wash in Marini County the owner gets out into the street to
14 assist customers leaving his establishment.
15 CITY COUNCILCOMMENTS
16 John Balshaw - (regarding the car wash comment) it is. nice- the car wash proprietor
17 becomes involved rather than _ calling the Police. Department to control traffic;
18 (regarding `the vehicle emissions) the City Council didn't hear the same comment
19 when a number of subdivisions were approved for• that same area).
20 John Balshaw regarding the project status reports, one of the purposes of the reports
21 was to know when projects were slipping front their, original, schedule. .Sm
oe projects
22 have been given revised starting time lines. The reports should be revised to reflect
23 the original information that was given to the Council:
24 Michael Davis - (regarding vehicle emissions) most cars do not• used leaded gas now.
25 The site of the proposed factory. outlet stores is on a'ra.il line which may well be the
26 more efficient travel corridor in the future.
27 Michael Davis - it appears there are some diseased redwood trees at Wiseman' Park.
28 He asked that the City have a specialist check on them. '
29 Lynn Woolsey - there is excess dirt being stockpiled as a- result of the auto .row
30 construction. She is concerned that a heavy rain would 'cause a lot of erosion from
31 those stockpiles.
32 Lynn Woolsey - constituents have asked her to look into restriping, and reduction in
33 parking on the westbound. lanes on D Street at 6th Street because there is a back-up
34 caused bypersons wanting to turn. left:
35 Mayor Hilligoss - The 'Carousel Fund, a, charity, received $3,000 from a developer
36 offering, the right to� the highest bidder to name two streets in a new subdivision; with
37 concurrence of the Street Naming Committee.
38 PROCLAMATIONS
39 Mayor Hilligoss read the following proclamation: Stop Tobacco Access for Minors
40 Project.. 'The Council amended the proclamation by amending the last sentence as
41 follows: 'Be it further resolved, that the City Council of Petaluma hereby eReeurage-s
42 directs the Petaluma .Police Department to take appropriate steps to -ensure that the
43 State .law prohibiting the sale of tobacco to minors be observed."
December 10, 1990 Vol. 26, Page 115
1 SHELL OIL CAR WASH
2 CONTINUED 'TO. DECEMBER f7
3 At the request of . the applicant the appeal received from Shell Oil of Planning
4 Commission denial of use permit for car wash at Petaluma Boulevard North and
5 Payran (which had been continued from 10/15 and 11/5) be continued to December
6 17.
7 RIVER OAKS
8 CONTINUED CONSIDERATION OF DRAFT EIR
9 The City Council heard Carolyn Cole, the EIR consultant, review the intense degree
10 to which the environmental impact report has been addressed. She noted this is the
11 most comprehensive record of concerns she has seen during her career in this field.
12 The Council had many questions regarding traffic and the economic balance between
13 the estimated revenue the project may generate and the estimated costs in City
14 services.
15 Traffic - There was considerable discussion regarding levels of service designations
16 and peak hour traffic estimates: The consultant advised that traffic levels of service at
17 some intersections will not be significantly lower as a result of the project, and at some
18 intersections there will be a benefit from the project. It was noted that "p.m. peak
19 hour" (evening commute time) was in all cases (office use or shopping use) the worst
20 case traffic level of service scenario. In any event, the environmental impact report's
21 evaluation of traffic resulted in .lower levels of service than the City's Computer
22 Traffic Model show. The Traffic Engineer assured the City Council the Traffic Model
23 figures are more realistic.
24 Economist - The consulting economist, Michael Fines, commented that they anticipate
25. there will be more, revenue'than costs resulting from the project. He added there is
26 little incentive at this time for persons to come to Petaluma to leave sales tax money,
27 although the auto row will begin to fill that role when it is completed.
28 Pedestrian Walk along_ Waterway - The landscape consultant reviewed the proposed
29 pedestrian pathway along, the river and pointed at the two proposed locations the,
3o public would be -able to view the waterway. She noted, the pedestrian pocket design
31 should allow the plant and animal life along the waterway to have some freedom from
32 human intrusion.
33 Botanist -He noted. the existing oak trees will remain untouched.
34 Detention Ponds for"Clean Run-off - The City was advised the detention ponds will be
35 designed to contain the oily residues which will be mixed with the storm water
36- "drainage from the hard' surfaces.
31 School' Children - On site meetings with school representatives and staff on Petaluma
38 'Blvd. -North resulted in proposals for.minor changes to school bus pull-outs which will
39 be included in the required off-site improvements.
4o It was emphasized the EIR addresses only the one parcel on which the factory outlet
41 stores are proposed. Each of the two remaining parcels must process separate
42 environmental. documentation at the time a specific development is being proposed.
43 Conclusion It was noted that approval of an EIR does not necessarily assure approval
44 of a project. The EIR is designed to identify impacts and addresses consequences of
45 development It gives the community and the decision -makers background
46 information that can be incorporated into the design and approval process by
47 identifying impacts and indicating that some action must be taken to reduce the
48 significance of an impact.
Page 116, Vol. 26 December 10, 1990
1 Councilmembers noted it is possible that at any time, the extent of the mitigations the
2 City may choose to require could cause a developer not to continue with a project.
3 The Couiicilmembers .complimented the participating individuals for their articulate
4 and- extraordinary effort to assist the City m evaluation of the environmental impacts.
5 It was hoped this will result in a continued dialogue with the- public on ihel .master
6 planning of the area. 'The planning concepts used here should be continued along the
7 entire waterway area, leaving some areas in a more natural state and others with
s passive. public uses in mind.
9 This is the conclusion of. consideration of the envirornmental impact report. Staff was
10 directed to prepare legislation to certify the EIR as complete and adequate pursuant
11 to the California Environmental Quality Act.
12 Biological Mitigation. Monitoring Plan Staff noted 'transmittal of the biological
13 mitigation_ monitoring plan to the Council. This will be discussed .ata future time.
14 LIAISON REPORTS
15 Brian Sobeladvised the' Council there will be a meeting of the Highway 101. Corridor
16 Action Committee, to discuss the next step, since ,the .sales tax ballot measures for
17 Highway 10.1 improvements were defeated in both Sonoma and Marin Counties. It
18 was suggested their' agendas be structured. to allow Public Comment at the beginning
19 of their meetings rather than at the end of the meetings.
20 ADJOURN
21 At 10:00 p.m. the meeting was adjourned.
22 M. Patricia Hilligoss, Mayor
23 ATTEST:
24 Patricia E. Bernard, City Clerk