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HomeMy WebLinkAboutMinutes 02/04/1991~PProaed oc5 ~rrr~cd 2-II-91 February 4, 1991 Vol. 26, Page 147 1 MINiJ~ES'OF A REGULAR MEETING 2 I'ETALiJMA CI~'Y COiTNCIL 3 MONDAY, FEBRUARY 4,1991 4 ROLL CALL 3:00 p.m. 5 PRESENT: Read, Davis, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss, 6 Nelson ' 7 ABSENT:. Sobel (attended Highway 101 Corridor meeting) 8 P~IBLIC COMMENT 9 There was none. 1o MINUTES 11 The January 22 minutes were amended as follows: 12 Page 135 Line 32 add,. "Introduced by Vice Mayor Cavanagh, seconded by Bonnie ' 13 Nelson"; Line 41 add, "Introduced by Michael Davis, seconded by Brian Sobel". 14 Page 139, end of Line 14 change "4" to "5"; . 15 Page 140, Line 31 Note that the result of the straw vote. was to keep the salary ti 16 reference in the Action:Plan. 17 The January 28~ minutes were amended as follows: 18 Page 143 Line 27, Bonnie Nelson noted the same presentation by Brian Sobel was the 19 most interesting one she attended. 20 CONSENT CALENDAR 21 The following items which are noncontroversial and have been reviewed by the City 22 Council and staff were enacted by one motion which was introduced by Lynn Woolsey 23 and seconded by Michael Davis. 24 AYES: Read, Davis,: Woolsey, Nelson, 25 Vice Mayor Cavanagh, Mayor Hilligoss 26 NOES: None 27 ABSENT: Sobel (attended Highway 101 Corridor meeting) 28 RESO.91-25 NCS 29 CLAIMS AND BILLS 3o Resolution 91-25 NCS approving Claims and Bills #06676 through #97159. 31 RESO.9.1-26 NCS 32 SALE SURPLUS BUS AND PARTS 33 Resolution 91-26 NCS approving the sale for one 1976 surplus Mercedes Benz bus and 3a surplus parts to Jefferson London, Sausalito, for $3`,022 and directing the Finance 35 Director to submit the funds from the- sale of the bus to the State Transportation 36 Development Act Fund for future City of Petaluma use. 37 RESO.91-27 NCS 38 DESTRUCTION MICROFILMED BUILDING DIVISION RECURDS 39 Resolution 91-27 NCS authorizing destruction of the paper from which building 4o records were microfilmed. ;Page 148, Vol. 26 February 4, 1991 1 IZESO.91-28 NCS 2 APPOINT`RAHIVIAN TO PLANNING COMMISSION 3 Resolution 9128 NCS confirming the City Council. action.: January 22 to appoint Linda 4 Rahman to the Planning Commission to replace :newly elected Councilmember .Nancy 5 Read. T'he term expires June 30, :1993. ~ RESO.9-1-29 NCS 7 APPOINT KOSEWIC TO SPARC 8' Resolution 91-29 NCS confirming the City Council action January 22` to appoint John 9 Terry". Kosewic to the Site Plan Acliitectural Review Committee to replace John. _. .. io Strong,. resigned. The term expires June 30, 1991. 11 RESO.91-30 NCS - 12 APPOINT.PETEIZ'SON~'TO CHILD CARE COMMITTEE. 13 Resolution 9;1-30 NCS_ appointing Patty .Peterson to th.e Child Care Committee to 14 ~ `' replace newly elected Councilmember Bonnie Nelson. The term expires June 30, 15 1991. X16 RESO. ~9.1-31 ~NCS~ 17 TRAFFIC SIGNAL.CONTRACTI ~ ` is Resolution 91=31 NCS 'awarding the traffic signal ~ rnodifieation contract for East -19 :Washington Street at Maria Drive, East. Washington. at Lakeville. Street and 20 ~~ Washington ,Street. at Howard Street to' Cantarutt' Electric of Novato for $148;4'Sq. 21 ~ The- cost for signals: is $11'9;000 and. for related street resurfacing $31,000. 22 RES0.9132:NCS 23 COIVIPLETION TRAFFIC `SIGNAL WORK 24 Resolution, 9.1-32 NCS: accepting completion of the- traffic signal .modification at 25 Petalu_ma`Boulevard:South at "D" Street and traffic sgna installation at "D" and Sixth 26 Streets. Community Electric of'San Rafael had been awarded this .contract. 27 * * * * * End of Consent Calendar .~ 28 RESO.91=33'NCS 29 RESIGNATION PHILLIPS FROM BUILDING REVIEW BOARD 3o Resolution.91=33 NCS accepting the resignation of Charles Phillips, a~ member of the 31 Board of Building Review Committee since August 7, 1967, acid setting `the deadline 32 date for accepting., applications to be February 27 with appointments scheduled for the 33 ,March 4 Council meeting. Introduced by Vice Mayor Cavanagh, seconded .by Bonnie 34 Nelson. 35 AYES:. Read, Davis, Woolsey, Nelson,, 36 Vice Mayor Cavanagh, Mayor Hilligoss 37 NOES: None 3$ ABSENT: Sobel (attended Highway 101 Corridor meeting) 39 RESO.9.1=34' NCS 40 GLEN~ROOK SUBDIVISION 41 Resolution 91-34 NCS approving an. amendment to the.. Deueiopment Plan phasing of 42 Glenbrook Subdivision to requie construction of streets and utility improvements ~of 43 each phase of unit- development they are intended to serve. February 4, 1991 Vol. 26, Page 149 1 A11 rights-of-way and utility easements required for these improvements. shall be 2 dedicated with the first final map, with future lot areas labelled as remainder. Lot A 3 (Capri Creek open space) and Lot B (PG&E easement area) shall be dedicated with 4 the first final map. 5 AYES: Read, Davis, Woolsey, Nelson, 6 Vice MayorCavanagh, Mayor Hilligoss 7 ~ :- NOES; .None 8 ~ ABSENT: Sobel (attended Highway 101 Corridor meeting) 9 ~ RESO.91-35 NCS 10 MOUNTAIN VALLEY SUBDIVISION .. 11 Resolution 91-35 NCS .a proving an:.amendment to the Development Plan phasing 12 Mountain Valley ~' Subdivision to •'require construction of streets and utility 13. improvements of ;each. phase of unit development they are intended to serve. 14 Improvements ~n `the area, of the 'Adobe School District. site shall be phased to 15 coincide with school facility, construction which is anticipated to be 1992. Introduced 16 ~by_Michael. Davis,~seconded by~~Lynn Woolsey. The Urban Separator and public park 17 site shall be dedicated with. the first 'final. map. Improvements to Lot B shall be 18 phased in~ the same. manner. as .the. infrastructure improvements. Introduced by 19 Michael Davis, seconded by Lynn Woolsey. 20 AYES: Read, Davis, Woolsey, Nelson, 21 Uice Mayor Cavanagh, Mayor Hilligoss 22 NOES: None 23 ABSENT: Sobel (attended .Highway 101 Corridor meeting) 24 SI-IELL OIL LAND EXCIIANGE REQUEST 25 The Council considered the request from Shell Oil (Lakeville and Caulfield Lane) for 26 approval of an exchange of land.. It is the .intention of Shell Oil to revamp the gasoline 27 station by construction of a car wash and amini-mart. The Council reiterated their 28 policy that no alcoholic beverage sales would be allowed: Rick Norman of Majors 29 Engineering in Novato. addressed the Council on behalf, of ahe applicant. It was 30 suggested by Council'members that the City also .consider installation of a traffic light 31 at that location: M'r. N:ormansaid' the applicant is willing ao build the ultimate street 32 improvements on the southerly side of Caulfield Lane. 33 It is the usual .practice of .staff to bring this type of question to the Council to 34 determine whether or not there is any interest on the Council's part in authorizing 35 staff to do some future planning for adjacent. areas. ~ In that regard, staff asked for 36 Council direction whether or not the Council wished staff to develop more 37 information on the possible extension of Payran Street southerly across Caulfield Lane 38 to create better access to the parcels to the south and east of the Shell Station. 39 It was moved by Vice Mayor Cavanagh,. seconded by Michael Davis to authorize staff 40 (City Manager, City Engineer, Planning Director) to determine if all the other 41 property owners. are interested in taking advantage of the ,planning efforts involved a2 with the Shell proposal to obtain better access to their parcels; commencing 43 negotiations in connection with :development of such access, and to report the results 44 to the Council before further action is taken. 45 AYES: Davis, Woolsey, Nelson, 46 Vice Mayor Cavanagh, Mayor. Hilligoss 47 NOES: Read (objects to'the process) 48 ABSENT: Sobel. (attended Highway 101 Corridor meeting) ~K ?red ;' ~ ., i ~ " , . ~u ~ `V.: , Page 150, Vol. 26 February 4, 1991 1 RESO.91-36 NCS. Resolution 91-36 NCS approving anagreement with the Countyy regarding. collection of the City's real roperty transfer tax: The County is charging $2.00 per document to collect the $1,15/p$1,000 valuation real property transfer tax. Tn addifion; there ~is a ope time $4,081.SS computer software .fee (the City's Portion of $1.5,584 total .fee). Councilmember Read noted this is .about equal to six month's salary,for a~programrner ust to insert the dollar amount chap e and "re ort format chan' e ;mto the Cou J ~ g P .~ g ~ nty's ,software ,package. . to The City Council ,.made: two amendments'to the agreement as follows: 11 Page:'.2 - at he bottom 'of the page ;where, it says, "There shall.~:be no '~ 12 credit (zero. ~e.rcent) after October 3:1 :199`1 fore. an ctf ,." was ,amended. 13 by adding this clause, ""unless there is another agreement with ~tl'is City." :~ 14 Page 3, Paragraph 5 -Indemnity The sentence was revised to °read; 15 "City shall indemnify and hold harmless County and' its ;agents, officers ~ • 16 and employees for any liability arising-`from t City's imposition of: 17 County's collection of the tax or "refusal to~'record adocument for. non- 18 payment' of the tax, iFrespece~-d€-~o~~€y's--alleged-~se~dxc£--o~ 19 ~egl~gertee;-~tl~ether--~etive--or-massive." Introduced by °Vice Mayor 20 Cavanagh; seconded by Michael Davis. 21 AYES: Read, Davis, Woolsey,'Nelson, 22 Vice Mayor Cavanagh; Mayor H- illigoss 23 NOES: None 24 ABSENT: Sobel (attended Highway 101 Corridor meeting) '~ 25 RESO.9.1-37 NCS 26 COASTAL. CONSERVANCY GRANT 27 Resolution 91-37 N.CS requesting Coastal Conservancy Grant. `Funding for the 28 Petaluma :liver Erihaneement Plan. The State has granted $400,000 to the Coastal ~' a 30 unless the are~encumbered. ~ er E 'h nce_ ent_P a ., These funds are in ',eo _ardy y ~ "^ ^~~~'~~ *.t~°~ suggested and the Co Heil ~. a,,. 31 concurred with adding this whereas• "Whereas, they City has commenced tle. planning 32 process by appointing ~a 19=member citizen. advisory committee, and aaid committee is 33 currently :active;" Introduced by Lynn Woolsey, seconded by Nancy Read.. 34 AYES: Read, Davis, W,.,oolsey; Nelson; 35 Vice Mayor Cavanagh, Mayor Hilligoss 36 NOES:IVone 37 ABSENT:~'Sober(attended Highway'1,01 Corridor meeting), 38 RESO:91=38.NCS 39 NOI~T~II-3AX ROWIN.~ CI.~JB 4o Resolution 9`1-38 NCS a rove PP 41 Rowin Club. for ,rnoo'rtn a neng a 25=year lease agreement with the Northbay g _ g w, 75 x 35 :foot corrugated aluminum combination 42 floating office.-and, boat storage building at a location in the Marina where .no otfier 43 mooring has been planned. Currently, the ,minimum mooring fee is $5::00/foot 44 pursuant to agreement with California Boafing~ and Waterways. Tle Northbay 45 Rowing Club is .requesting the City communicate with I3oatng and Waterways. in. an. 46 .effort to reduce `the mooring fee for this "otherwise unused space" at.the Marina. February 4, 1991 Vol. 26, Page 151 1 Currently the Rowing Club is utilizing space at the base of H Street, which has. 2 resulted. in the H .Street neighbors ~rotestmg the impact on them and on the public 3 access to the river. A petition v~nth 25 signatures of persons requesting the boat 4 storage be removed from the foot of H Street was presented to the City. 5 Neighborhood speakers were ,Marko. Ringer and George Peterson. They addressed 6 the restrictions to .public access to the river and parking as some problems they are 7 encountering with the current boat storage facility. The Council suggested that staff 8 and the neighbors meet to develop workable solutions to their problems until the' boat 9 storage facility is moved. io There was a suggestion that there be a 3-year period during- which the rental might be 11 50%, 75% then 100% of whatever the current mooring fee is at the time the floating 12 building is completed. SPARC will review the building. Greg Sabourin from the 13 Rowing Club suggested there building an be completed in~two years. Introduced by 14 Lynn Woolsey, seconded by Michael Davis. 15 AYES: Read, Davis,'Woolsey, Nelson, 16 Vice Mayor Cavanagh, Mayor Hilligoss 17 NOES: None 18 ABSENT: Sobel (attended Highway 101 Corridor meeting) 19 MARINA STATUS REPORT 20 Public Works Director Pat .Miller presented the status report on Marina operations. 21 One third of the. marina is occupied at this time. Staff recommends installation of a 22 fueling facility in order to offer boaters both.. gasoline and diesel fuel. Otherwise the 23 nearest fuel dock is 14 miles away.:A~ lessee, ;Dave Simonson, urged approval of the 24 fueling facility. The Council. concurred with the recommendation to install an above 25 round fueling facility .near the launching ramp. Hours of operation of the fueling 26 facility will be posted at the marina. 1.4owws ~' oP~~d~; o ~ ••~~ ~~ bQ reg ula.x. 27 Staff also requested. Council direction regarding.. regulating the "live aboards" which 28 has become a matter of nuisance to the marina acid 'its lessees. The Council agreed 29 that weekends, holidays and written Harbor Master permission,. shall be the "live 3o aboard" limitations. 31 Staff recommended the; insurance requirement be reduced from .$500,000 to $300,000. 32 The Council concurred with all the above by adopting a motion introduced by Michael 33 Davis, seconded by Vice Mayor Cavanagh. 34 AYES: Read,.. Davis, Woolsey, Nelson, 35 Vice Mayor Cavanagh, Mayor Hilligoss 36 NOES: None r, 37 ABSENT; Sobel (attended Highway 101 Corridor meeting) 38 ~ CLOSED SESSION 39 `The Council sat in Closed Session to discuss pending litigation. 40 41 42 43 44 45 46 47 ROLL CALL 7:00 p.m. -PRESENT: Read, Davis, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss, Sobel, Nelson ABSENT: None Jim Zrkle, St. John's Lutheran Church, led. the invocation. RECONVENE INVOCATION PLEDGE OF' ALLEGIANCE Lolita Vlcek of the Angus Courier led the Pledge of Allegiance. ~ ~ ~g• ' '~ Page 152, Vol. 26 ;February 4; 1991 1 PUBLIC COMMENT 2 Dick Sharke, Director of ~-the 1VIcDowell Drug Task Force read an ~ article about the 3 group's'su~~ess:n reducing drug abuse in Petaluma. He invited the Councilmembers 4 to attend a-related functioii.at the Veterans' Building, :at 7:30 p.m. on February 28. 5 CITX COUNCIL COMMENTS " 6 1Vlichael; Davis asked that a ~res'olution supporting- bur troops in the Persian. Gulf be on 7 the' next .agenda. " 8 He urged individuals to do as much as they can to reduce their dependence on 9 petroleum products., so we°wll not be dependent on.off-slioreoil. to Lynn "Woolsey noted the Planning "Commission approved a use permit: for Sweed 11 School located. on Keller Street for the "12 Step. Prograrri°' however, they have. already 12 conducted business in violation of the conditions of approval and "the :neighbors "are 13 not pleased.. with their hours. She suggested they should be informed th_ er use." permit 14 is in peril of.being revoked.. 15 TRAFFIC MITIGATION:FEE . T6 The resolution. setting the Traffic'Mtgation.,Fee was continued to February' 19 1991.. 1'7 FACTOR' OUTLET 18 RIVER OAFS- 19 The City Council. heard from Principal Pla. nner Pamela Tuft on the process to be 20 followed: Sh.e advised th'e public hearing "noticing- for this processing phase included 21 publication in the Argos Courier and' ,mail 'to those persons interested and within a 22 certaia distance from the proposed.project. 23 The following, items are before the Council for~consideration: 24 A. Resolution approving CEQA findings 25 B. R'esolut_ion approving Mitigation 1Vlonitoring :Program. 26 C. Resolution approving General -Plan Amendment to Special Commercial. 27 D. Introduce Ordinance upholding appeal of Planning Commission denial of 28 prezoning 29 E. Resolution approving PCD .Master Plan Program 30 F. - "Resolution authorizing; commencement of request'. for Annexation of 24:3. acres 31 Chelsea Group representatives David. Bloom, President; Jim Lucas, Project 32. Coordinator; and Greg Waddell, Project Planner 'spc-ke. giving a history :of the 33 company; shgwing.slides of other factory "outlet villages they have developed, outlining 34 their goals ands plans to work with existing Petaluma retailers to their mutual benefit 35 a~[nd,1Q diva}Ym the'.1evolut`ion of the design of the proposed project.~•.~ p.~~se„-~~'o~ o 36 Recess ~:15 to 9;25. 37 The public hearing was :opened:.. Mayor Hilligbss noted receipt of aaetfer from Henn, 38 ~ Etzel and :Melon regarding: billboards on the parcels. The following named. persons 39 "spoke;: ~ - - 4o Leonard., Jay,representing Parcels Band C - requestE:d Council concurrence. that 41 Leonard Jay Enferprises," Inc., on behalf of Petaluma Boulevard.. Redevelopment 42 , _ Partners, Ltd.,. be given, the: direction to proceed, with a preliminary 1Vlaster Plan Study 43 that will encompass the area 'between Linda del 1VIar as the ~ soiith'ern boundary, 44 Corona. Road as the northern boundary, LJ. W. Highway 101 as the eastern boundary ~~ `and Petaluma Boulevard. North as the western boundary. ,The: study would be 46 completed within. 90, days and, ahe process would include public workshops. The 47 hearing was opened .and the Mayor asked speakers to keep their remarks. to around 5 48 minutes m order to allow everyone an, opportunity to speak: February 4, 1991 Vol. 26, Page 153 1 Phyllis Hart, 1134 Baywood Drive -Past President of the Chamber of Commerce; 2 which. voted to support the factory outlet village on behalf of the 730 3 members 4 Bob Martin, 171 Payran Street -suggested there would be environmental advantages 5 to revise the- buildings to place them directly above the parking lot. This 6 more efficient land. use would allow more space for wetland and 7 riparian habitat restoration. 8 Kathryn Flynn, 523+ Webster Street -the response to comments to her December, 9 1990, letter. failed to adequately address her concerns .and may result in 1o unmitigated disturbance to significant cultural, and biological resources ii that she knows are located within the parcel proposed for general plan 12 amendment and annexation. 13 Scott Hess, 1709 Spring Hill Road on behalf of Friends of Petaluma. -you should do a 14 master plan before anything else. The problem is in the oil pit area. 15 Stop, take a breath, master plan what is a more harmonious design. 16 David Keller, 1327 IStreet -represents the Petaluma River Council - he faulted every 17 document and every process in connection with the project for over 45 18 minutes. This conforms to the General Plan is like saying a hot dog 19 stand. complies. This is a Trojan horse, The biological rmtigation plan 20 writers had constraints put on them. This is a repeat of the Golden 21 Eagle. 22 Elizabeth Gaidos, 751 Paula Lane - expressed concern about the timing of public 23 safety responses for the neighborhoods. If the project is successful then 24 Petaluma. is a City with City problems. 25 John Cheney, 55 Rocca. Drive - is. concerned about flood control. 26 Duane Bellinger, Corona. Ely area resident - is concerned about the use of petroleum 27 and impacts of'that usage. 28 Joan Cooper, 333 Pleasant Street -represents Friends of Petaluma - we should not 29 approve' ,thee .outlet project on property located within 200 feet of the 3o raver and until a comprehensive master plan is developed and adopted 3I' -for the' area: The EIR is not adequate for anon-existent plan on B and 32 C. Referred to, toxic. runoff to the river and the agricultural land that is 33° ~ - being ,taken away.. We will see lights burning and is this the most energy ~_ 34 efficient; lighting we can have. The residents outside of the City limits 35` feel disenfranchised in connection with this project. . 36 Bi11.Kortum, '180, Ely Road -This will be a competitor to the downtown. Take a look 37 - at what is ,going on, in the Bay Area with transportation problems. 38 Emphasize area wide traffic concerns in the master plan. 39 Anita Dimondstein, 1410 Skillman on behalf of Friends of Petaluma -had to leave the 40 ` . meeting .early but left a letter addressing her opposition to the project 41 for the~~ reasons stated in the EIR hearings. 42 At 11:00 p.m. the hearing was continued to February 11. i ,, :;r Page 154, Vol. 26 ~" I February 4, 1991 1 AD TOJRN 2 The meeting-was adjourned to Feliruary 11 at 3 4 ATTEST: ~~ _ - r ~ C 5 Patricia E: Bernard, City Clerk 1VI. Patricia Hlligoss Mayo ,, .~ , _ ,. _ ~ ~~ ~.