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March 18, 1991 Vol. 26. Page 181
1 MINUTES. OF' A REGULAR. MEETING
2 PETAI:UMA CITY COUNCIL
3 MONDAI', MARCI~ 18,1991
4 ROLL CALL 3:00 p.rn.
5 PRESENT: Read,. Davis, Woolsey, Vice Mayor Cavanagh, Sobel, Nelson
6 ABSENT: Mayor Hilligoss
7 PUBLIC COMMENT
s There was no public comment. '
9 MINUTES
to The March 4 minutes were approved as submitted.
11 - `CONSENT CALENDAIZ
12 The following items which are noncontroversial and have :been reviewed by the City.
13 Council and staff were enacted by a single motion which was introduced by Lynn
14 Woolsey and seconded. by Brian Sobel.
15 AYES: Read, Davis, Woolsey, Vice Mayor'Cavanagli;.Sobe1, ;Nelson -
16 NOES: None '
17 ABSENT: Mayor Hilligoss
18 ~ RESO.91-60 NCS
19 CLAIMS AND BILLS.
20 Resolution 91-60 NCS approving Claims and Bills #08818. through. #09206.
21 RESO.91-61 NCS
22 DECLA'RE' WEEDS NUISANCE -HEARING AP1EtIL 1
23 Resolution 91-61 NCS declaring weeds a nuisance. and' setting the hearing for April 1,
24 1991.
25 RESO.91-62 NCS
26 COMPLETION BUS BARN
27 Resolution 91-b2 NCS accepting- completion of construction of the transit buildin
28 (new bus barn located on Kenilworth Drive adjacent to the school bus facility
29 contract which was awarded to A. P. Construction, 4909 Stonehedge Drive,. Santa
3o Rosa. The total costwas $103,597.71.
31 RESO.91-63 NCS
32 TDA/STA FUNDING `BUS & PARATRANSIT
33 Resolution 91-63 NCS authorizing ap licaton for Transit Development Act and State
34 Transit Assistance funds for the 1991/p1992 fiscal year. The City anticipates receipt of
35 $1,118,320 the distribution of which will. be $296,922 allocated to Golden Gate
36 Transit, .$82;821 to Sonoma County Transit and $1,227 to Transit~'Planning, leaving
37 $737,240 for the City of Petaluma fixed bus. route and paratransit service.
Page .182, Vol. 26
1Vlarch 1'8, 1991
1 Prior to a vote on the Consent Calendar, the City Manager noted ,that the TDA/STA
2 funding: process would be explained in detail at tY~e 1991-1992 fiscal year budget
3 hearings.
4 RES:O.91=64:NCS
5 WATERWORKS SUPPLIES
6 IZesolu,ton. 91-6.4 'NCS awarding a :contract- for ~misc~llaneous water works :materials
~ and supplies to Bell Industries of Santa Rosa for $22,898._70.
s RESO.91-65 NCS
9 APPOINT MARTIN P®ZZL TO BOARD BVILDTNG: IZEVIFW
to ~ 'Resolution 91~=65 .NCS confirming :the March 4 Council vote to appoint Martin -Pozzi
11 to the?Board of Building R'ev'iew and Appeals.
12 RESO: 91-66 NCS
13 GLENBROOK PUBLIC IMPROVElVIENTS :P-RIOR TO MAP .
14 ~~ Resolution 91-66 NCS approving execution. of a Public Improvement agreement with
15 McBail Company ~fo Glentirook Sulidv"s'on prior to final map approval. ;,
16 RESO.91-67'NCS •
1? SWIM .POOL. COVER STORAGE/ REST
is Resolution 91-67 NGS awarding-the purchase contr"act for' a .new swimming pool cover
i9 storage reel'to Mac Ball Industries of .Oakland for $2,'753.00.
20 _ RE8O.91 68 NCS _
21 n CARPET LUCCHESI' SENIOR CENTER
22 ,Resolution 91-68 NCS ;awarding the contract for caip.et installation at :the Lucchesi
23 . , SeniorfCenter to Conklin Brothers of Santa Rosa for $3;817.00. Prior to a vote on -the
24 Consent- Calendar, staff advised' they Council -the difference. in cost. between the loca'1
25 bidder's figure and Conklin Brothers., figure did not ;;make it beneficial to the City to
26 purchase locally iri order to receive the Sales Tax revenue.
27 RESO.91-69 NCS
28 SWIM CLiTB.AGREEMENT
29 Resolution 91=69 NCS authorizing execution of a joint use agreement with the
3o Petaluma Swim Club for use of th_e municipal swimming pool orated .at 9.OQ East
31 Washington Street. Prior to a vote on' the Consent Calendar, Parks and Recreation
32 Director Jim• Carr rioted that the tightened polite on issuance. of swimming pool keys
33 to the Swim Club was a matter of maintaining.control of pool'fa'cilty access:
34 RESO.91-70 NCS
35 .AERIAL PHOT®GItAPIIY-CONTRACT
36 Resolution 9~1=70 NCS awarding the aerial photography contract in the amount of
37 $11,367.00 to Geonex Cartwright of: Sacramento: Staff advised that copies of these .
3s will be available for purchase by the public. ,
March 18, 1991 Vol. 26. Page 183
1 RESO.91-71 NCS
2 GENERAI. PLAN HOUSING ELEMENT
3 Resolution 91-71 NCS adopting minor technical amendments to the City of Petaluma
4 Housing Element 'to bring it :into final conformance- with State of California
5 Department of Housing and Community Development approval. (See also Council
6 minutes on Hearing dated November 19, 199Q), The Council complimented Bonnie
7 Gaebler and the Planning staff for their hard work on the Housing Element.
s ORD. 1842 NCS
9 LEASE LUCCHESI SENIOR CENTER - PPSC
1o Adopt Ord. 1842 NCS' amending the Lucchesi Senior Center lease with Petaluma
a,l People Services Center to extend the lease term from 15 to 25 years.
12 ORD. 1$43 NCS
13 BOND ISSUE PROCEDURES
is Adopt Ord. 1843: amending Municipal Code Chapter 4.08 regarding bond issue
15 procedures to allow more flexibility in'establishinghond recall premium rates.
16 ORD. 1844 NCS
17 RIVERFI~ONT WAREHOUSE ZONING DISTRICT
is Adopt Ord.. 1844 rezoning 9 parcels (201 and 205 G Street; 200, 204, 206 H Street and
19 508, 510, 512, 514 Second Street) from Highway Commercial to Riverfront Warehouse
20 Zoning.
21 * * * * * End of Consent Calendar
22 RESO.91-72 NCS
23 PETROI.EUNI PLEDGE
24 Resolution 91-72 NCS supporting. the reduction in use of petroleum products in order
25 to free ourselves from dependence on oil and ao show a commitment to an energy
26 policy and development of individual energy conservation plans. Suggested energy
27 saving strategies would include use of bicyeles_ and/or mass transit, walking, using
28 telephone and telephone facsimile machines, install energy efficient lighting and
29 machinery, utilize solar energy including but not limited to a clothes line, purchase
30 locally grown produce. which las been fertilized with organic materials, reduce use of
31 plastic products and encourage research.. and development of non-polluting alternative
32 energy systems that reduce dependence on oil use (examples would be solar energy
33 collectors and wind power generators). Introduced by Lynn Woolsey seconded by
34 Brian Sobel.
35. AYES: Read, Davis, Woolsey, Sobel, Nelson
36 NOES: Vice Mayor Cavanagh
37 ABSENT: Mayor Hilligoss
~.
Page 184, Vol. 26 March 18, 1991
1 RESO.91-73 NCS
2 ENERGY AUDIT CON'~ItAGT
3 Resolution 9~1-73 ~NCS awarding. -the contract :for an.energy .audit and energy use
4 reduction project, for City of .Petaluma buildings to Wfstern Energy Management; Iric.,
5 of':Sacramento for $8,200. ~ - .
6 It was noted that a wastewater component was not.ineluded in the proposed'• contract
7 because the City will have a new treatment plant under . cdnstruction within. 2-1/2
s years. EOS, the firm -that operates the- wastewater treatment plant; has been
9 conducting; it's. own energy. ,audit. The information derived. from theirr' audit will be
1o incorporated into the. design of the. new faciTi~ty. Introduced by Lynn Woolsey,
11 seconded by Bonnie `Nelson.
12 AYES:. Read, Davis, Woolsey, Vice.Mayor Cavanagh; SoUel, Nelson
13 NOES: None
14 ABSENT: Mayor Hilligoss
15 RES®. 91.74 NCS'
16 APPEAL ALT'TO PLAZA ELECTRO1yIG MAROUEE,FREEV4~AY SIGN
17 Consider appeal from Visual Information Systems regarding . the Site Plan
18 .Architectural Review Committee action. to require the height of the proposed .
19 electronic marquee portion of the proposed sixty-foot Auto Plaza pylon. sign .to be
20 reduced from twelve feet to nine feet (continued. fror.~ 3/4/9::1). Johri'Kane ,of Visual
21 Information Systems. addressed the Council and urged. them to approve,. a sign, which
22 has atwelve-foot, 3-line. alternating message margLiee: He noted this is theonly
23 allowable signing on-the freeway side for the. entire Aizto Plaza.
24 It was suggested $y 'Nancy Read, that if software for the Auto Plaza marquee could be
25 compatible with the software. for the Lucchesi Park marquee (also being 'des`igned by
26 Mr. Kane's firm), some compromise could be readied if the Auto ,Plaza marquee
27 would display cominunity'servrce messages. There was discussion, about the Federal
2s and State Highway-regulations on this type. of messagf; board:. At this 't'ime, these civic
29 messages are prohibited;. however; it is 1VIr. Kane's feeling that restriction will b`e
3o removed in the near future. City Manager John Scharer asked the. principals of Auto
31 Plaza if they would be.in agreement to occasionally utilize the Auto,Plaza marquee'for
32 civic messages. 'They (Henry Hansel and --Bob Benson) indicated 'there would be no
33 problem~in amending the agreement. to reflect that sign u"sage: The City :Manager will
34 pursue. the amendment as sogn as the Federal. and State freeway regulations ..allow
35 that sign usage.C-~f ~~+~~- ~ ~~r~~ ~S 6~- w~}~~ ~g~ ~
36 Nancy Chen-Erickson spoke in ,opposition to the sign for the reasons she is not'. in the
37 market for a new automobile and she does not wish to read their automobile sales
3g messages: She also said it does~not fit with:Petaluma.
39 It was :moved' by 1Vlichael, .Davis, econded by Brian Sobel, to adopt Resolution 9:1-74
40 NCS upholdin the appeal and . approving a twelve foot. marquee- containing. three
41 lighted lines o changing' script. The: message marquee will. be .located between the
42 upper six-foot section wli'ch says "PETALU1vIA" and the lower six-foot. section-which
43 says "AUTO `PLAZA". 'The lower section is approximately 3'1 feet above ground level.
44 The' entire sign is a sixty-foot; internally illuminated free standing pylon sign. The
45 applicant is~ to~work with the Parks, and Recreati~on.Director with 'the goad of sharing
46 software that will .enable messages of a civic nature to be sent to the Auto Plaza ,sgn: ,
47 pursuant: to an agreement to be executed ly the Auto Plaza developers and the City.
48 AYES: Read,Davis; Vice,Mayor Cavanagh, Sobel; Nels"on.:k .+
49 NOES: Woolsey ~ ~~
50 ~ ABSENT; Mayor Hilligoss ~ -
~.
March 18, 1991 Vol. 26. Page 185 '
1 MILLS.-ACT CONTRACTS
2 The Council discussed the request the City has received from Mark Dennis for a Mills
3 Act contract on residential property.The Mills Act for residential property is similar
4 in nature to the Williamson Act for agriculture. Property owners and government
5 agencies enter into ten-year contracts, renewable from year bo year unless non-
6 renewal notices are filed. The notice of non-renewal would begin a phasing out
7 period. 'The purpose is two-fold: (1) to reduce .property tax liability for "historic"
g residences that have been.. (2) preserved within guidelines to be established by the
9 City. On the plus side, there would be an incentive to improve certain properties; and
io on the negative side, there would be a loss of property tax revenues. Staff was
11 directed by the Council to develop criteria for Council adoption prior to entering into
12 any such contract.
13 The Council asked staff to research the potential property tax loss and redevelopment
14 agency.revenue impact if, Mills Act contracts were executed for the buildings which are
15 currently in Historic Zoning~Overlay Districts.
16 Included in staff calculations will be the revenue `impact of utilizing the Mills Act
17 contracts for the unreinforced masonry buildings downtown. Also questioned was the
ss additional staff ,that would be needed to monitor such contracts. Planning Director
19 Warren Salmons estimated that 600 properties might. be eligible at this time. He
20 suggested that the criteria to be established by the City should target particularly
21 unique buildings and locations.
22 CLOSET! SESSION
23 The Council recessed to a Closed Session to discuss pending litigation with the City
24 Attorney.
25 .AI9.TOURN TO 7:00 p.m.
26 RECONVENE 7:00 p.m.
27 ROLL CALL
28 PRESENT: Read, Davis, Woolsey, Vice Mayor Cavanagh, Sobel, Nelson
29 ABSENT: Mayor Hilligoss
3o INVOCATION
31 The Enoch Jones, Auxiliary Chaplain-Special. Needs, Coast Guard gave the
32 Invocation.
33 PLEDGE OIi' ALLEGIANCE
34 City Engineer Tom Hargis led the Pledge of .Allegiance.
35 PUBLIC COMMENT
36 Vince I~andof, Cordelia Drive, spoke against the proposed actions on the River Oaks
37 project.
38 CITY COUNCIL COMMENTS
39 Lynn Woolsey -would like the City Council to adopt a resolution asking the Governor
40 not to suspend AB-98.
41 Brian Sobel - we should know that the Council has a consensus to do that.
42 Bonnie Nelson - .yesterday's Press Democrat had an article .about a Single Room
43 Occupancy hotel in Berkeley. She will bring the article in when the Council discusses
44 affordable housing: She noted the hotel is being built without public subsidies.
~' t
Page 186, Vol. 26 March 18, 1991
RES.O.91-75
2 r~ixr;sl'UNE,:AYIPEAL P®1RTION iJPHELD. PORTION DENIED
3 The appeals from 'Firestone and ~ from Washington Square regarding :th'e Planning.
4 Commission.. conditions of. approval for a conditional use permit for a fire store to be
5 located in Washington Squai`e shopping center on:McDowell.Blvd. relate to required
6 cross-access easements .between Washington Square and the corner retail. complex.
7 which houses Wherehouse Records and several other small busmesses..Alsoappealed
S are traffic impact fee amount and timing of payment: as~ well as upgrades in building
9 architecture .and andscaping.. :Staff recommended elimination of 'the condition
to requiring across-access easement between Washington Square and the Wherehouse
11 parcel. After the staff's review of the appeals,.thehearng was opened..
12 Phil Poindexter of .Fi_restone asked the Council to give them. direction :as to the
13 placement .of `thee building so they could have. their .designer complete the' building
14 design,.arid landscaping plan to soften "the facade, .Regarding; the{ Council suggestion to
15 .design. the building°with.~some angles., he said this ~is difficulty to do on a srtrall parcel.
16 Mort Friedm. an; ~attorne, representing, the property owner, asked for Council guidance
y
17 re ardin lacement g
g g ~ p of the buildin and. he amount :of square -feet that would be
18 permitted, so~they~could design a building ,that would satisfy 'the City's requirements..
19 'There _was a .great deal of Council .discussion regarding the ideal amount of building
20 setback from. South McDowell about the '.location. of the patron. parking, and'. about
21 the visual impact: of the. building as shown in drawings before the Council. Regarding
22 the traffic .impact fee, Mr. Friedman asked where the :funds would be'used.. The City
23 Manager.:noted .some of he 'traffic fee monies would be utilized for scheduled
24 'improvements to 1VIcD.owe11 in the :area of the shopping center -and some of the fee
25 would be used elsewhere in tfie City. Mr.Friedman said they would need the entire
26 ten service hay, 6,600 square foot facility in order to survive financially.
27 Keith Sterling, of Sterling Video 1'ocated in Washington Square, was glad for
28 elimination of the cross-access easement. o the, Wherehouse corner.. He said that-
29 would have:. a ;negative impact on his business. In response to a Council question, he.
3o said ,loss of parking in the area of the proposed Firestone. store would .not affect the
31 shopping center to .any extent. He added, if the. employees of Wherehouse parked on
32 .then site, there would be an improvement in tfie perking situation in ,the shopping
33 center.There being no one else wishing to speak, the hearing. was closed.
34 Reso. 91-75 NCS to uphold the. appeal .regarding the cross-access easement between
35 Washington Square and. the Wherehouse corner and deny the remainder of the
36 applicant's appeals, based upon the .Planning Comrrussion's` .findings. They Council
37 indicated the proposed corporate architecture is unacceptable; staff should work out
38 the desired building setback; the building design should come back to the Council
39 before it' goes ~to 'the Site Plan Architectural Review Corrimittee~. Introduced by
4o Michael. Davis; econded by-Brian Sobel.
41 AYES: Read, Davis, Woolsey; Vice. Mayor Cavanagh; Sobel; Nelson
42 NOES: None
43 ABSENTS Mayor Hilligoss
~: ~;,
March 18, 1991 Vol. 26. Page 187
1 ORI). 1845 NCS
2 WATER RATES
3 Adopt Ord. 1845 NCS amending Chapter 15.16 of the Petaluma Municipal Code
4 regulating, water rates. Finance Director David Spilman reviewed the basis of the
5 13% rate increase. It was noted by Councilmembers that there has been a
6 considerable time lapse since the last rate review and increase, and the Council
7 directed that these rates be reviewed at the minimum every other year. The vote to
s adopt the ordinance was:
9 AYES: Read, Davis, Woolsey, Sobel, Nelson
10 NOES: Vice Mayor Cavanagh
11 ABSENT: Mayor Hilligoss
12 RECESS 8:30 to .8:40 p.m.
13 RIVER OAI~S.FACTORY OUTLET LEGISLATION
14 (continued from 3./4/91) Principal Planner Pamela Tuft reviewed the process to date
is and responded to the Council questions. The Council reviewed each of the proposed
16 48 pages of .legislation, ,line by .line, and made wording amendments to strengthen the
17 environmental safeguards. .Staff will update the various documents to include the
is Council's amendments for Council consideration at a' future meeting. The following
19 listed documents are under consideration:
20 A. Resolution approving environmental findings.
21 B. Resolution approving Mitigation Monitoring Program
22 C. Resolution approving General Plan Land Use Amendment to Special
23 Commercial
24 D. Introduce Ordinance upholding appeal of Planning Commission denial of
25 ~ „~prezoning/rezoning- and amend zoning of project site
26 E. 'Resolution conditionally approving Planned Community District Master Plan
27 Program
--
28 F: Resolution authorizing request to the .Local Agency Formation Commission for
29 commencement of annexation of 24.3 acres
30 ~ AI).TOURN
31 At 11:15 p.m., the meeting was adjourned in memory of Art Parent, Mayor from 1957
32 to 1961. He passed away on March 15, 1991.
I/
33 J~ k Cavanagh, Vice ayor
34 ATTEST:
35 Patricia E. Bernard, City Clerk