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Minutes 09/05/1989
Page 146, Vol. 25 September 5, 1989 1 2 MINU'~ES OF A REGULAR MEETING 3 ` 'PETALUMA:CITY C®UNCIL 4 ~'UESI)Al', SEPTEMBER 5,1989 5 6 ROLL CALL:3.:00 P.M. ~ ERESEIVT: Woolsey, Cavanagh, Davis,. Balshaw, S Vice Mayor Sobel, Mayor Hilligoss 9 ABSENT: Tencer F'FPPr6JCe~ 0.S CCrY@e.'}~ 4- I $-1959 10 11 PUBLIC'COMIVIENT Frank Prim demonstrated a prototype of a voting device to be 12 constructed and installed by staff'in the Council Chambers. 13 14 MINUTES 15 The: July 24 minutes were amended at "Roll Call" to indicate Woolsey arrived at 16 3:15 p.m. 17 18 The August 21.mnutes were amended on Page 142, Lirie 17, amend wording as 19 follows: "The Council asked ataff. to report back pe~'i~dically quarterly regarding 20 the bus revenue....."; 21 Page 1'43, Line 33,. Jet Gasoline Beer and Wine Sales; ,amend sentence to read, 22 "Staff will prepare two resolutions for the Council's consideration; one resolution 23 will approve the use permit with conditions, the otherwill deny the use permit 24 with et~n~i~i©~s findings:". , 25 Page 144, Line 18- et seg, was clarified as follows: 26 "CO.UNCIL IDIRECTION/I'OLICX ON CONSiJLT~iNT SELECTION 27 The Council concurred that in all the future consultant selections with the 28 exception of EIR consultants; the Council will be advised by staff about the 29 pending: process and. will 'obtain Council's concurrence in that selection process. 3o Consultant is intended to include legal counsel, underwriters, and any experts and 31 special people." 32 33 CONSENT CALENDAR 34 The following items were enacted by one motion which was introduced by Vice 35 Mayor Sobel,. seconded by Michael Davis: 36 AYES: Woolsey; Cavanagh, Davis, Balshaw, 37 Vice Mayor Sobel, Mayor Hilligoss 38 NOES: None 39 ABSENT:- Tencer 40 a1 RESO'89-271 NCS 42 CLAIMS ANI) FILLS 43 Resolution 89-271 NCS .approving Claims and Bills #92712 through #93115. 44 45 RESO..'89-272 NCS 46 PUIZCIIASE: BACK. IIOE 47 Resolution 89-272 NCS approving purchase of a. JCB Backhoe/Loaderback hoe 4s from Westco Tractor and Equipment of Santa Rosa for $32,'1`12.50. :Y .IF.~ September 5, 1989 Vol. 25, Page 147 1 2 RESO.89-273 NCS 3 BAI'WOOD SHOPPING CENTER EIR -DENY CERTIFICATION 4 Resolution "89-273 NCS denying .certification, approval, and adoption of the final 5 environmental impact report for the Baywood Vrllage Shopping Center. 6 7 RESO.89-274 NCS 8 DURST FI-ELI) CONTRIBUTION 9 Resolution 89-274. NCS authorizing a $200,000 contribution for Durst Field from 1 o the Parks Capital Improvement funds. Approval of the agreement authorizing 11 the appropriation was adopted on August 21 (Resolution 89-264 NCS). 12 13 ORD. 1773 NCS 14 APPROPRIATE -ASSESSMENT DISTRICTS, HOUSING 15 Introduce and Adopt Ordinance 1773 NCS appropriating for landscape 16 assessment districts. and housing program funds. 17 18 RESO.89-275 NCS 19 PARATItANSIT SERVICES 2 o Resolution 89-275 NCS authorizing execution of a one-dear agreement with 21 Petaluma People Services Center for paratransit "Dial-A-Ride" services. 22 2 3 RESO.89-276 NCS 2 4 POLICE VEHICLES 2 5 Resolution 89-276 NCS approving the purchase of. four police package vehicles 2 6 for patrol use from Henry Curtis Ford for $61,942.40. 27 2 8 RESO.89-277 NCS 2 9 STORAGE SHED -POLICE DEPARTMENT 3 o Resolution 89 277 NCS approving purchase of.:a pre-.fabricated storage shed for 31 Evidence and Property storage from Wickes Lumber for $3.,995.21. 32 3 3 RESO.89-278 NCS 3 4 AGREEMENTS WITH PG&E -MARINA 3 5 Resolution 89-278 NCS approving agreements with ,PG&E in connection with 3 6 the Marina construction: Public Utility Easement across AP 5-060-24, 5-060-27, 3 7 and 5-060-28; an agreement to install utility facilities; an agreement for 3 8 underground line extension within the project; and an agreement for gas main 39 extension within the project. 4~-0 4'1 * * * * * End of Consent Calendar Page 148, Vol. 25 September 5, 1989 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 48 49 50 RESO.89-279 NCS RE.TECT TRUCK'BIDS' Resolution 89-279 NCS're~ecting al'1 bids received.on August 14 for two. 1-1/2 ton and three 1/2 ton pick-up trucks. Local suppliers did not bid because of a misunderstanding. regarding the bid' dates and the process. Introduced by Vice= Mayor Sobe'1, seconded by Jack Cavanagh. AYES: Woolsey, Cavanagh, Davis, Vice :Mayor Sobel, Mayor HilTigoss NOES: Balshaw ABSENT: Tencer RESO.89=280 NCS FOWLER SJBDIVISION -FINAL 1VIAP Resolution. 89-280 NCS approving the final map ,Fowler Subdivision located on Bodega Avenue east' of~.Ruth Cout. Iritiodueed by John Balshaw, seconded by lack Cavanagh,. AYES: Cavanagh, Davis, Balshaw, Vice Mayor Sobel, Mayor Hillgoss NOES: Woolsey ABSENT: Tencer RESO.89-281 NCS VALLEY VISTA PARK AGREEMENT Resolution. 89-28,1 NCS approving an .agreement with the Petaluma School District for Valley Vista Hillside Park to be located at Valley ,Vista Elementary. School and. authorizing appropriation of $25,000 from the Parks' Capital Improvement Funds. ~ T'he agreement term is twenty years, and' it. is automatically renewed for five year periods. The Council specified that;hours of the public's access to the park. shall' be from the time school is °out in the afternoon to sunset.. -The. day care center located on the site is not to be included in the reference. to "school". Three ,mothers of children attending the school were present to answer the Council's. questions.. They are. working with landscape professionals to design :the play area in a scale and theme that: would be appro~ppriate for ages Preschool to Grade 6, The goal 'is to discourage older children froin:having,any desire to use the hillside space. CHILD CARE PROPOSALDISCIJSSION Pursuant. to Co until direction,, staff solicited proposals for a child care.. facility to be located on City properay with favorable. Tease terms to reduce facility .costs thus helping to ,make, low fee child care available: There was a Council su estion that the. i dQ t ~ ol~c~4~~i v~ouMdclude le of a child care fee ~„ ut~fr~ o nevery new hous ~n~t~at c~i~c~ care ~e~°would be utl zed for child care. within. a given area from which the, fee 'was collected. Staff recommended rejecting the proposals (two of the proposals would benefit only the businesses making the proposal- and the third felt the current need did not. justify the expense of another facility) and establish arty-wide .child care fund to assist lower income families with child care costs through issuance of. a subsidy or voucher system. S}o~C lw,.s 1ce,er d,~r¢C-lerl -1b e~cplnrt 0.tt ~' rd;rg e~iors. . y.. ...~. .. . J September 5, 1989 Vol. 25, Page 149 1 ~ ~ CHILI) CARE 2 McBal Corporation has offered $150,000 as seed money °for a ~~ child 3 care program. This is in lieu of utilizing three lots in the Village East III 4 subdivision which were given to the City through the Fina1.~lVlapprocess on that 5 subdivision. It was Council consensus to reject the child care proposals, to 6 accept and invest- the $15U,000 from McBail Corporation and send the matter 7 back to the Child Care Committee for a policy .recommendation on the use the 8 $15.0,000 for implementation of'chld care facilties.:It was noted the only other 9 developer that has assisted the City in connection with underprivileged and 10 lower income projects is Condiotti. 11 12 TItAFF'IC IIVIPACT MITIGATION FEE 13 The City Council continued its discussion. of Traffic Impact .Mitigation Fee from 14 the August 21 Council meeting. Bill. Hendrickson of Economic and Planning 15 Systems responded to the Council's questions. (Mr. Hendrickson is the 16 consultant who is ,advising the City regarding. its compliance with Government 17 Code .Section 66000 which requires that there be a. connection between the 18 impacts from a .development project and the public improvement. to be funded 19 from a fee levied upon a specific development. Additionally, cities are required 2 o to segregate fee' revenues and to eomnut those revenues to projects within five 2 ~ years of collection.) 22 2 3 The estimated figures used for the Rainier Overcrossing of U. S. Highway 101 2 4 did not include 'related improvements to Petaluma Blvd. North. It was the 2 5 Council consensus the :anticipated Petaluma Blvd'. North improvements cost 2 6 estimate should be included in the Rainier overcrossing cost figure. 27 2 8 The Council was advised there is no statutory authority that would allow the City 29 to replace any fee revenue loss resulting from any fee exempted projects. 30 31 The Council discussed car pool and ride-sharing incentives as they relate to trip 3 2 generation and fee calculation formulae. The use of tripe counts or square foot 3 3 measurements were discussed as possible bases of fee calculations. 34 35 The subject was continued to September 18. The City Attorney looked to the 3 6 Council for direction: 3 7 - The • timing during the approval process the 'fee should be collected for 38 residential projects larger than one unit; and, 89 - Which types of projects, if any, should be exempted. 40 41 ItESO.89-282 NCS 4 2 INSiTItANCE JOINT POWERS AUTHORITY 4 3 Resolution 89-282 NCS amending the California Insurance Joint Powers 4 4 Authority Agreement as follows: 4 5 1. Board of Directors membership increase. from the current 11 4 6 member to 22 members so each of the 22 member jurisdictions 4 7 would be represented; . -tip-' .+~;; , a ~ . .~ : , . ;~~ _~. Page 150, Vol. 25 ~ September 5, 1.989 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 'JOINT•POWERS INSJRANCE AUTI~ORITY '2: • Executive Committee, to `be .established to process day-to-day administrative duties; : -; ~.3. ~ ~ Board of 'D'iiector meetings will be .held.. guar-terly; and, 4. Agreement' arriendments. ratification ratio 'is reduced °to 75%a of the :~ member entities; down. from 90%. :~Intr"oduced ~by John Balshaw, econded by Lynn Woolsey. AYES: Woolsey, Cavanagh, Davis, Balshaw, . Vice Mayor Sobel, Mayor Hilligos's NOES: None ABSENT: Tencer RESO.89'-283 NCS AFFIRMATIVE ACTION GOALS.1989-90 :Resolution 89-283 NCS approving, affirmative action goals fore 1989_-90. `The Council. asked staff to incorporate ~ the number of persons interviewed. in ~subseguerit reports. Public WorksDirector Pat Miller- was commended .for hiring: affirmatively: The :resolution was iritroduc_ ed~ by• 1Vlehael- Davis, seconded by Lynn Woolsey after .staff was- directed to attempt to hire more female rYUnorty'workers. AYES: Woolsey,. Cavanagh, Davis, Balshaw, • Vice Mayor Sobel, Mayor Hillgoss .NOES: None ABSENT: Tencer elution approving an appraisal- services agreement with _;Amercan ~l. Associates of :Sang Francisco to develop.. a fixed asset record for `the continued to the next .meeting.. ADJOURN T®;-DINNER At:5:15, the Council adjourned to dinner at Alfred's: RECONVENE ROLL CALL 7:30 P.M. PRESENT: Woolsey, Cavanagh, Davis, Balshaw, Vice Mayor Sobel, Mayor Hilligoss ABSENT: Tencer 39 INVOCATION Gary Gard,,-First Presbyterian Church 40 41 PLEDGE'OF'ALLEGIANCE The Pledge of Ahegance was recited. 42 43 PUBLIC COMMENT There was. none. 44 45 CITY COUNCIL, COMMENTS a6 1Vlichael bavi commented on the serious impact disposable diapers ;have. on landfill. 47 areas. He also commented on :the fact that some grocery bags.are not recycled 48 paper. 49 Lynn. Woolsey asked staff to discontinue use of colored paper as soon as th cur~,e6nt,~G .~roM so stock is depleted, :because she "understands that colored paper `°"" ' . - ~.y~~ paper, s1 She also asked that the City .utilize. more recycled :paper products. s2 ,ytp n.. September 5, 1989 Vol. 25, Page 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3"8 39 40 PRESENTATIONS On August 21; -the City Council adopted Resolution 89=262 NCS accepting the resignation of Shanonn Brann from the Recreation Commission and- thanking her for her contributions. She was present at this meeting to receive her copy of the resolution. PROCLAMATION PETALTMA RIDING AND DRIVING DAY Mayor Hilligoss Proclaimed September -15, 1989, as Petaluma Riding and Driving Day. PROCLAMATION GRANDPARENTS DAY Mayor Hilligoss Proclaimed September 10 as Grandparents Day. SPARC APPOINTMENT The City Council considered applications from the following persons who have expressed interest in serving on the Site Plan Architectural Review Committee: Donald Waxman -non-resident (not eligible) Homer Hobi -not :present Stephanie McAllister -landscape professional The C'nnnail vote wac ac fnllnwe~ Councilmember Waxman Hobi McAllister Tencer (absent) Woolsey x Cavanagh x Davis x Balshaw x Sobel -. x Hilligoss ~ x RESO.89-284 NCS CHILD CARE COMM'ITTEE` Tlie City, Council .heard from the following persons who expressed interest in serving on the Child Care Committee: Jim Meyer -Boys and Girls Club Mary I=Iobi -not present Jennifer Kendall Inga Bell -'fie ;~? • - .rv, , k s ,~,~ :. , ,+ ,:ivy ~' ~~r•. , Page 152, Vol. 25 ~ September S, 1989 1 RES.O.89-284,.NCS 2 CHILD CARE CO1VlMITPEE 3 Resolution $9-284 NCS appointing ahe following .as members of the Child. Care 4 Committee to serve two=year terms which will expire June 30, 199 5 Jim Meyer 6 Mary Hobi 7 Jennifer Kendall 8 I"nga Bell 9 Introduced by John Balshaw; seconded by Vice Mayor Sobel. .. __ 1o AYES: Woolsey; Cavanagh, Davis, Balshaw, 11 Vice Mayor'Sobe1,1V1ayor Illigoss 12 NOES: None 13 ABSENT: T'encer 14 15 16 RESO.89-285:NCS - 17 ADOBE CIZEEI~_GOI,F'AND COUNTRY CLiJE -FENCE: (DESIGN 1s Staff presented the design. changes for the Adobe 'Creek Golf :and. Country -Club 19 as proposed by :Duffel Fina_ ncial. This afternoon,. ahe City received. a request 20 from. the developer to continue the oundwall portion' of this. agenda ifem. The 21 Council consensus was to deny the request for continuance and. to consider. the. 22 matter at this meeting. After considerable discussion, Resolution 89-285 NCS 23 was. introduced by Brian .Sobel and seconded by Michael Davis ..requiring, the 24 ,sound wall and perimeter fence to be construeted;in accordance with the or-iginaT 25 approvals: 26 - Soundwall to be constructed. of;precast concrete with. stone facing 27 - Soundwall columns to be precast post with accent reveal lines and topped 2s with a precast concrete ball 29 - Perimeter fence toy be galvanized iron pickets 30 - Perimeter columns to be identical to Soundwall columns 31 AYES: Woolsey, ..Davis;. Balshaw, Vice 1Vlayor ,Sobel 32 NOES: Cavanagh, :Mayor Hilligoss 33 ABSEENT': 'Fencer 34 35 RESO.89-286 NCS 36 ORDER ANNEXATION OF WESTRIDGE UNITS 4 & 5 37 - After staffs presentation of the, details of the Local Agency `~ -For-mation `~ 3s conditions of approval of the Westridge 4 & 5 annexation, the. hearing was 39 opened and no one wi"shed tospeak; the hearing was closed. Resolution`89=286 40 - NCS ordering, territory designafed. as Annexation No: 89-1~'(Westridge Units 4 & 41 5) .annexed to the City of Petaluma was introduced by Michael Davis; seconded 4z ~' :by Vice Mayor Sobel, _ 43 :AYES: Woolsey; Cavanagh, Davis, Balshaw; 44 ~ Vice Mayor Sobel, Mayor Hlligoss 45 NOES: None 46 ABSENT: Tencer 47 ~~ k': September 5, 1989 Vol. 25, Page 153 l ~: 1 2 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 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 Mayor Hi~lligoss left. the room.. T'he Ci Council considered the appeal submitted by Irv Piotrkowski on behalf o~ Victor Nagel from the Planning Commission approval of a conditional use per`init to allow construction of a propane 'gas and bituminous distribution fac~lit~ at 850 Lindberg Lane. After the Planning staff presentation by Gary Broad, Fire Marshal Clyde Thomas noted the National Fire Protection Association .=:requirement of a deluge fire extinguishing system contained in the recommended conditions of approval. The public hearing was opened and the following persons. spoke: On behalf of appellant opposing the use permit: -Irv Potrkowsk, appellant's attorney - Mr. Feits, expert .retained by appellant - Victor Nagel,. 950- Lindberg Lane -Joyce Libennov, 301 Liberty,. connected with child care center located in the Fairgrounds On behalf of applicant in favor of use permit: - Matthew Hudson, attorney for applicant, McPhal's - M. McDonald, CAL OSHA Inspector =Skip Ferdinand, expert retained by applicant Both the appellant and applicant stressed safety factors. The appellant implied the installation would be'unsafe and the applicant implied the installation would be safe; There being no one else wishing to speak; the hearing was closed. After considerable discussion, it was moved by Michael Davis, seconded by Lynn Woolsey to deny the appeal and uphold the Planning Commission action to approve a conditional- use permit for a liquid propane and bituminous distnbution facility to be located at 850 Lindberg Lane. AYES: Woolsey, Cavanagh, Davis, Balshaw, Vice Mayor Sobel, Mayor I=lilligoss NOES: None ABSENT: Tencer ABSTAIN: Mayor Hilligoss 9:45 to 10:00 p.m. Recess APPEALS: DEMOLITION ANI) DUPLEX APR®V:ALS 308 >F'IF'I'H STREET The City Council considered an ap-peal received from Greg~•and Laurie 'Miller ~ ' fom the approval of demolition of a cottage and construction of a duplex at 308 Fifth Street. They questioned the height, mass and scale of the ;proposed development and 'requested the existing. single family residence be retained for its historic value. The Heritage Homes organization requested the demolition: permit Page 154, Vol. 25 September 5, 1989 1 308 FI~"I'H STREET 2 be reconsi tiered and an addition which -preserves the "Victorian. cottage" be 3 considered. The existing structure was not included in the 1977 City inventory. of 4 historic buildings. After Planning staff presentation .was, made by~ Gary. Broad, 5 the hearing was opened and`the speakers..included;.- 6 Gurnieth:Robinson; President of Heritage Homes of Petaluma --said this~:hurts 7 thP~1~:nei hborhood. Tr,e. TM.a,..+kr. was ~o~nu~a +o anew +;r,,,~. -~~ +-i.` r~;q~,-~s '0.v~P (~<~er~ owner '~!-.-~rr~e-et Wi'1'~ S~°a-C~e':aY;~ COKr1G~~WOM0.YL Woo~sey'i~o r~ec~oFia~t~ CL~ g ~+* oriniS.G c~t~i r and, YgQori' c6C -40 -F1~e' Co~,,;n.u~ ;or ernbCv l5,1989 iJRl 1o AD;TO Petalu~e meetin~-was ad~ourne~ to 7:30 p.m. on September 11~ to meet with the ma High School~Board of Trustees at Lucchesi Community Center: 11 12 13 14 `/"`• . 15 16 M. Patricia Hi igo s; : ayor 17 ATT'RCT• 18 19 20 21 22 23 ,~