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HomeMy WebLinkAboutMinutes 09/18/1989September 18, 1989 ~rovcol GlS S u.b m+~e.~ Vol. 25, Page 157 i ° - ~ - s g .MINUTES OF A REG~ITLAR MEETING PETALUMA CITY COUNCIL MONDAI', SEPTEMBER 18, 1989 REGULAR MEETING: Monday, September 18, 1989 ROLL CALL: 3:00 P.M. PRESENT: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss ABSENT: None PUBLIC COMMENT: Bruce Palmer, 7665- Redwood Blvd, Novato, attorney for David D. Young of Royal Oaks Mobile Home Park, requested continuance of the item relating to calling the bond for Royal. Oaks Mobile Home Park's Maria .Drive construction for two weeks because of his client's illness. The Council declined to discuss. the issue until they reach that agenda item. Pam Ely, 1821 Village East Drive, spoke against the propane facility on Lindberg Lane. Jack Miller, 291 Monte Vista Lane, neurologist, compared the propane facility to 3 Mile Island and Chernoble. David Pyles, 517 Jefferson, opposed the propane facility. MINUTES The September 8th minutes were amended: Page 148, Line 46 should read,.."would. include levy of a child. care fee on every new house and industrial or commercial .development: and that..." Line 53, add a sentence, "Staff has _been directed to explore. all funding options." Page 149, Lines 2 and 3, delete the word city-wide; Page 150, Line 49, amend to read, cannot be made from recycled paper. Line 52, change first portion to read, "is not safely recyclable" Page 154, Line 9, Add sentence, "The matter was continued to .allow time for the CONSENT .CALENDAR The, following, items were .approved by the adoption, of a single ,motion which was introduced .by Lynn Woolsey and seconded by Michael:Davis: AYES: Tencer, Woolsey,., Cavanagh, Balshaw, Davis Vice Mayor Sobel, Mayor I=Iilligoss NOES: None ABSENT: None RESO.89-297 NCS CLAIMS AND BILLS Resolution 89-297 NCS approving Claims. and Bills #93116 through #93439. ;~J' ,~i j" .. ~ . .. 'kLLq~r Fes,. ~$. Page 158, Vo1.25 September 18, 1989 RESO.89-298 NCS. SPARC APPOINTMENT Resolution 89-Z98 NCS appointing Stephanie: McAllister to SPARC for a term to expire on June 3D, 1990 (replaces Hugh Helm'). RESO.89-299 N,CS TRUCK -PURCI=IASE - ENGINEERING Resolution 89=299 NCS authorizing purchase of one ,Engineering 1989 Ford 1/Z ton pick-iip truck from Henry Curtis Ford for $12;359.32. RESO: 89-300 NCS TRUC"K PURCHASE -WATER Resolution 89-3;00 NCS authorizing purchase of two. 1=1/2',~ton maintenance "trucks -(cab and chassis only) from Henry Curtis; Ford for $30,089.84 for the Water Department. The dump bodies will be bid at a later date. * * * * End of Consent Calendar P It was moved by Michael. Davis,. seconded by Jaek Cavanagh: to refer the. proposal to remove three parking spaces on. Western Avenue at Liberty Street back to the Traffic Comrnittee. AYES;. Tencer, Woolsey,; Cavanagh, Balshaw, -Davis Vice Mayor Sobel,. Mayor Hilligoss NOES: None ABSENT: None MANUFACTURED .HOUSES Tony Hadley of fhe California Manufactured Housing Institute based in :Southern California :gave an informational slide presentation showing Manufactured. Housing subdivisions. RES0.:89-301 NCS - DENY;APPEAL -.ALI.OW~ FA_ CILITY LINDBERG LANE- McP.HAIL::PROPANE; FACILITY 'Mayor `Hilligoss left the room because she has a conflict. of -interest. Resolution. $9-301 NCS confirming the City Council''s action of September ;5,..1989', denying the- Irv Piotrkowski/Victor Nagel: appeal of muse permit; approval for a.McPhail'.s "propane and bituminous distr-ibution facility to be relocated to 85.0' Lindberg Lane and upholding the Planning Commission action including all. conditions ofapproval adopted by SP-ARC and, Planning Commission and clarifying the conditions that both the. bulk distribution tank and the :retail distribution tank will be protected with a deluge fire protection system, that only trained employees will dispense propane, that the retail'.. distribution tank will be protected. from. inadvertent vehicle bumping, and 1Vlcphail's, will develop a risk management program for the facility. subject to Fire Department approval. The approval is based on staff reports and related document. s in the record and testimony taken. at the Planning .Commission- and. City Council. Introduced by John Balshaw, seconded by 1Vlichael Davis.- AYES: Woolsey; Cavanagh, .Balshaw, Davis,- Vice. Mayor Sobel NOES: -None ABSENT: None ABSTAIN: Tencer (absent at hearing), Hilligoss (conflict of interest) ~"~ a~ September 18, 1989. Vol. 25, Page 159 ADOBE CREED GOLF COURSE FENCE DESIGN RECONSIDER COUNCIL ACTION It was moved by Lynn Woolsey, seconded by Vice Mayor Sobel to reconsider the Adobe Creek fence design. AYES: Tenter, Woolsey, Cavanagh, Balshaw, Davis Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None AMEND AGENDA ORDER It was moved by Lynn Woolsey, seconded by Larry Tenter to consider the Board of Building Review item on log lighters at this time. AYES: Tenter, Woolsey, Cavanagh; Balshaw, Davis Vice Mayor Sobel NOES: None ABSENT: Mayor Hilligoss BOARD OF BUILDING .REVIEW RECOMMENDATION GAS LOG LIGI-ITERS -BEDROOMS Chief Building Inspector Joe Kagan.. reported the Uniform Plumbing Code does not allow open flame appliances in bedrooms. Currently there is a subdivision that has designed bedroom fireplaces with gas log lighters. The matter was been referred to the Board of Building Review who recommend -the Council prohibit them. Jim Parker, the builder of the homes in question, said they have capped off most of the gas pipes to the bedroom fireplaces until, this question -is resolved. Dick Lieb represented the position of the Board of Building Review. Jerry Hall of Sunnyvale, a Fire Protection Engineer licensed by the State of California, said there are no CFR or NFR statistics on this type of installation. It was moved by Larry Tenter, seconded by John Balshaw, to allow gas log lighters in bedrooms. AYES: Tenter, .Balshaw, Davis Vice .Mayor Sobel NOES: Cavanagh, Woolsey, Mayor Hilligoss ABSENT: None ItESO.89-302 NCS CALL BOND ROYAL OAKS. MOBILE PARK --MARI~i DRIVE_CONSTRUCTION David D. Young requested permission to continue his requirement to complete his portion of Maria Drive (Royal Oaks :Mobile Home Park) for another year .[The developer's three years to complete the job have expired.] Attorney Bruce Palmer of Novato represented Mr. Young. After some discussion, the Council ado ted, Resolution 89-302 NCS authorizing staff to call the bond for Royal Oaks Subd ~ ion public: improvements to complete the unfinished portion of Maria Drive, unless there is .resolution of the issue by September 26: Satisfactory resolution of the issue includes Mr. Young. entering into a contract for completion. of the pedestrian wayand roadway within a period of time acceptable to the City Engineer and the. contract form and content approved by the City Attorney. Introduced by Larry Tenter,, seconded by John Balshaw. AYES: Tenter, Woolsey, Cavanagh, Balshaw, Davis Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None Page 160, Vol: 25 September 18, 1y89 AD30URN'TO DINNER,At 5':30 p.m.- DeSchmire. RECONVENE. 7:3Q P.M. ROLL CALL PRESENT: Tenter, Woolsey, Cavanagh, Davis, Balshaw, Vice Mayor Sobel; Mayor Hlligoss .ABSENT: None INVOCATION Rev. Lyn Juckniess Kemerer, U. S. Coast Guard PLEDGE. OF~ALLEGIANCE PUBLIC COIVI1VgENT George Spragens; ;2617 Western Avenue -there was a great deal of silt run-off ,from the Victoria Subdivision duffing the heavy rains last weekend. Dr. Steven 29 Fifth, Street -would like the Council- to consider a ;billboard -ban ~ on alcobol':and :tobacco. A representative of the Rotary, -Club -invited the citizenry to the, Rotary Club Oktoberfest (which. will include the First Annual World Egg'Catching Championship) in Penngrove Park on October 1 from 11 a.m. to 5 p.m. Proceeds will go to polio and other communicable diseases, the Casa Grande Fish Hatchery ands Durst Field projects. CITY COUNCIL. CO1VIlVIENTS Lynn Woolsey - Hopes the City :Engineer will tell what -is 'going on at Victor-a Subdivision; - Are we going to recap the meeting, with the Petaluma High School. Board of Trustees. on the next agenda; - She is worried about potential run-off from .the McNear Hill John Balshaw - will, be extremely' perturbed if any work. is done at Victoria Subdivision that doesn't take care of the silting. - Phyllis Hart; of the Petaluma Area Chamber of Commerce, has advised the . Chamber:is sponsoring a clean up, pick up, beautify the area project :and they are asking the city to become .involved. - Drug problem - (speaking to the audience) I have specifically~asked:Police Chief DeWitt..if we .have a drug problem. If there is anyone there that says. we 'have a big problem, I want to hear some specifics. So if we really do -have: a problem; sand if the 7 of us up here don't know about 'it, you should :get to us. Tf you don't te1T us, don't blame us. - Crosswalk• on, Petaluma ,Blvd -the press says I 'have a going ;argument with the City Engineer about the crosswalk.. That is not true. I am biding' my time. PROCLAMATIONS RIDESHARE WEED -OCTOBER 2 TO 6 Proclaiming October 2nd - 6th as Rideshare Week. September 18, 1989 Vol. 25, Page 161 RESO.89-303 NCS IIOIJSING NOW CAMPAIGN Resolution 89-303 NCS to Support Housing Now and. the California Right to Housing Campaign. The Council called on their Federal, State and County elected representatives to get behind this and support it with funding. Introduced by Vice Mayor Sobel,. seconded by John Balshaw. AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None iJPHOLI) APPEAL. -SALE OF BEER ANI) WINE RESO.89-304 NCS JET. GAS STATION -. I.AI€EVILLE at CASA GRANDE ROAD Continued consideration of an appeal regarding a requested use permit for sale of beer and wine at the JET Gasoline Station located at Casa Grande Road and Lakeville Highway. Councilman Larry Tencer advised the Council that he listened to the audio tape from the August 21 meeting. He noted this is the third request from filling stations in Petaluma for a conditional use permit to .sell beer and wine at a gasoline station. There was a great deal of concerned discussion about the State Legislature preempting .. .~ cities from restricting the sale of beer and wine at gasoline stations. After more deliberation, the following motion was passed: Because of the higher than average collision rate (1/3 more than State average ton Lakeville Highway, the traffic counts in this stretch of roadway (24,500 vehicles per .day), this is one of the three most heavily travelled road. sections of;Petaluma, the additional turning movements that would be generated by persons stopping .solely for beer or wine purchases, the citizen turnout at the hearing and individual contact with Councilmembers all expressing opposition to issuance of the proposed use permit, the proximity to Casa Grande High School, the inconsistencies with the General Plan, the increased parking requirements .for the additional retail business, inadequate room for circulation, and the original use permit excluded beer and wine sales, Reso. 89-304 NCS was introduced by Larry Tencer, seconded by Lynn Woolsey to uphold the appeal and deny a conditional use permit to allow sale of beer and wine at the Jet Gas gasoline station. AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis Vice Mayor Sobel, Mayor I=Iilligoss NOES.: None ABSENT: None Councilmembers urged concerned citizens to write their Legislators telling them the decision to allow or not to allow sale of alcoholic beverages at .gasoline stations should be left to the local jurisdiction. Page 162, Vol. 25 September 18, 1989 JET GAS CONDITIONAL. USE PERMIT It was moved by Parry Tencer,: seconded by Brian .proceeds in the. concur-rent sale of ,has. and. alcohol, the review possible revocation of the existing use permit. AYES: Tencer, Woolsey; '.Cavanagh, Vice 1Vlayor Sobel;, Mayor lHilligoss - NOES: Balshaw, Davis ABSENT: None Recess - 8:4.0 to 8:45 p.m. ~,yrn. X35; Sobel, if Jet Gas staff is directed 'fq RESO.89-305 NCS :DENY APPEALS - iJPHOL,D COMMISSION/SPAIZC RESO.89-306 NCS . 308 FIFTIL STREET' Continuation (from 9/5/89) of .consideration of appeals from the SPARC: approval of a duplex at :308 5th Street and a proposed demolition.. -The neighbors, property .owner, Planner Gary' Broad and Councilwoman .Lynn Woolsey met twice since September- 5 and a eompromise;has been reached: - SPARC condition T is revised to read: "A revised site plan shall be provided subject to staff approval which meets the. following. ~r~teria: - The front.. end set back shall be consistent with adjacent. residences - Condition 14 is added_stating the.buiiding°elevatioiis shall. substantially conform to ._ , .the. revised. plan presented to the Council ori:Scpternber.l8, 1989 •, . - The ,demolition permit. shall be reinstated. -. ~ _ ' ~-~ Resolu'ton 89-305 NCS was introduced by John .Balshaw, seconded: by Micfiael `Davis that the Heritage• Homes appeal. is denied and ;the. Planning Commission. and.;SPARC .•. action be upheld.,.. _ AYES: ~ Tencer, Woolsey; Cavanagh; Balshaw, Davis - Vice Mayor Sobel,lVlayor Hilligoss NOES: None r =~ ABSENT: None ABSTAIN: Tencer Resolution 89-30.6- NCS' was introduced. by Jack Cavanagh, seconded `by Vice 'Mayor Sobel, to deny the Greg'and' Laurie Miller appeal. AYES: Tencer;. Woolsey; Cavanagh, Bal'shaw; Davis Vice IVlayor Sobel, :Mayor Hilligoss NOES: None ABSEN'T': None ABSTAIN: Tencer f` .. .. ~.1 `. September 18, 1989 Vol. 25, Page 163 APPEAL. LTPHEI.D - LJSE PERMIT DENIED'' RESO.89-307.NCS . METCALFE AiJTO - 494 SECOND STREET Consideration of appeal of use permit for approval of 1Vletcalfe; Machine Shop at 494 - ` Second Street -After Project Planner Jenny Cavanagh's presentation, the hearing was opened and the following persons spoke: - Barry Rogers, 501 Petaluma Blvd: South; .opposed . - Jane Hamilton, 110 G Street; appellant and representative of the 21 opponents who had. signed the petition. appealing the use - Irv Kvalheim, support of Metcalf Machine Shop - Louise Jensen, owner of building a 494 Second Street, .answered Council .questions ~ , - Ernie Jensen,. owner -Harold Metcalf, applicant for an automobile shop ~ . The persons in opposition to the use permit cited potential problems of noise, traffic, dissimilar goals ..[neighborhood and businesses], dysfunctional relationship between appellants an applicant, an unrelated company emitting polyurethane vapors, another unrelated company emitting noise, and the number of available parking spaces. The persons who spoke in favor of the applicant said not more than 3 cars at a time at the current business and the business. is not a real traffic generator; the City is not encouraging. local businesses to stay in the area. and the City- should be encouraging opportunities for local employment; the automotive shop noise would not be significant; and, we have been shown anX business isn't satisfactory there. Mr. Metcalf said the doors would remain closed prior to 8:00 a.m. and when work needed to be done in the evening, so there would be no noise to disturb the residents. The Planning staff was asked if the decibel measuring device indicated high noise levels. The staff ..report had 'indicated that decibel meter- readings were taken at the current site, with all .machines running and the business-door open: The decibel meter showed increases as a result of an automobile starting. at a greater relative distance from the shop door and from passing traffic on F Street. Decibel level from the metering point did not reflect significant transfer of noise from the operation. Staff had recommended a noise study be conducted. Thee hearing was closed and after considerable discussion, Reso. 89-307 .NCS. was introduced by .John Balshaw, seconded by Larry Tencer- to uphold the appeal and deny the: application for a conditional use permit to allow an auto. repair machine. shop at 494 Second Street based on the finding the land use is incompatible with the neighborhood, the :testimony,, it is a potential noise generator, the parking demands for the use, and it potentially vtnll degrade the quality of the environment. AYES: Tencer, Woolsey, Balshaw; Davis, Vice Mayor Sobel NOES: Cavanagh, Mayor Hilligoss ABSENT: None Page 164, Vol. 25 September 18, 1989 RESO.89=308 NCS ZONE IV WATER SYSTEM -.DAIVIES.AND MOORE Resolution 89-308 NCS approving a contract with Dames soils .testing, for: the new Zone IV. Water .System for $32,90. .Introduced' by I:ynn Woolsey; seconded by Jack Cavanagh. AYES: 'Tencer, Woolsey, Cavanagh, Balshaw, .Davis ~: Vice Mayor Sobel,.lVlayor.~Hilligoss NOES:. None ABSENT:- None „~~ . i~~~ and IVloore for geotechnical RESO.89-309 NCS LA CRESTA TANK REPAI$t' DESIGN C®NTRACT Resolution 89=309 . NCS. amending the -:Zone .IV Water System Design contract with Brown, and Caldwell to °include'LaCresta, water tank renovation design at a cost not to exceed $13',400. Introduced by IVliehael Davis, seconded'by Larry Tencer. AYES: Tencer, Woolsey, :Cavanagh, Balshaw,..Davis Vice Mayor Sobel, Mayor Hilligoss 1VOES: None ABSENT: None FACILITY NAMING P®LICY DISCUSSION Discussion of facility naming policy as recommended by the .Parks and Recreation Commission -The Council. suggested .several. amendments and clarifications'to the:- draft policy and continued the item to the next meeting. All .facility ~and'park names~will be adopted by the, City Council;.. recommendations :may be sent to the Council by Commissions; and,, .capital costs should be defined in the pdhcy; the, policy`will be city- wide. . PEDESTRIAN BRIDGE. NAME- DI~SCiTSSEI) Councilman Michael Davis. asked~'the, City Council to consider naming. the. pedestr.~ian bridge across ahe Petaluma.. River after Councilman john Balshaw, whose untiring efforts were the energywhich brought: this portion of the River Walk to fruition. The matter was continued to the. next meeting. GENERAL PLAN; AMENDMENTS a, Metcalf -Suburban to Urban .Diversified (located at the' upper end of the northerly portion of Paula Lane): Planning .staff reviewed the history of this .proposal :and noted thatstaff and the Planning Commission recommend denial. The. 'hearing. was opened. Attorney Irv Piotrkowski spoke on'behalf of the. property owner: He noted. the utilities are in place, the proposed Pots, two at.13;300~, and one: at '13;600square feet,. are larger than those on Paula Lane and fit into the City's feathering density requirements. 'There are no~ other unimproved sites that ,are similar, so this woul'd' not be precedent setting. He presented a petition signed by 15 residents of that section of Paula Lane ndicatiing they have no objection to the General Plan Amendment: The: -hearing was closed. A straw vote showed ~Counclmembers Tencer, Woolsey; Cavanagh, and Davis in favor• of the General Plan amendment to Urban Diversified. ~. , ~ ... September 18, 1989 Vol. 25, Page 165 b. LaGrow/C~ of Petaluma -Mixed Use to Urban.. Diversified. ,(located on Baker Street through to Bodega Avenue - a portion is the. old White Hatchery). The hearing was opened. Skip ,.Sourer represented -the property owner, ..stated there is only one property with driveway access to Bodega Avenue. The property owner is willing to cut off access to Bodega and. design the property for access from Baker Street. for all three parcels. The hearing was closed. All the Councilmembers indicated their support of the proposed General Plan. change. ORD. 1775 NCS ~'1NCi/Jlll~\L' 'ITHl A-Y .~~ l1AlDL' A\A.H A'L~Y\li'A~7 ll.'V Y\'Vl\t1 YiLl Introduce Ordinance 1775 NCS approving prezoning to Agriculture for Gatti Nursery located on Ely Blvd. North and. Liberty Farms, located SUO Corona Road in order for these parcels to be included in the Corona/E_ly annexation that is currently being considered by the Sonoma County Local Agency Formation Commission. Both property owners have requested inclusion in the annexation. Introduced by Lynn Woolsey, seconded by Vice Mayor Sobel. . AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: None AGENDA IB'EMS CONTINUED Due to the lateness of the .hour, all of the following items were continued to another . meeting: ,. CONTINUED GENERAL PLAN" AMENDMENTS c. Keller/Western/Liberty: Office Commercial to Community Commercial . d. Circulation Map: Bikeways e. Circulation Map: Corona Road f. Mixed Use: Maximum Residential Density,/Residential' Only Uses g. Program 7, Local. Economy; Conversion of Mini-Storage h. Urban High Residential: Limited Commercial Uses i. Density Bonus Procedures j. Housing: Programs;24 and 25 k. Growth Limits Language:. Units Built to Allocations 1. Maselli/Barella et al: Industrial to Thoroughfare Commercial m. East Court: Indus"trial to Urban Diversified n. iJrban High/Urban Diversified: Density Reduction CONTINUED - LA GItOV6' -OLD WHITE HATCHERY Resolution approving Negative Declaration for rezoning of old White- Hatchery located at 636' Baker Street and for property located at 227 and 229 Bodega Avenue. ORD. 1777 NCS Introduce Ordinance 1777 N to Compact Residence VICTORIA SUBDIVISION TENTATIVE MAP AMENDMENT CONTINUED Resolution .NCS requesting amendment to tentative map condition for Windsor Drive (Summit Above Petaluma) aka Victoria Subdivision Page 166, Vol. 25 September 18; 1989 CI~ERRY HILI;S GONDOIVI.INIUIVI CONTINUUED (Off of 1Vlagnola east of L;ibeity Meadows)' -Resolution approving mitigated. negative., declaration Cherry I=Tills Condominium =Resolution amending;.PU~D' Cherry Hills Condominium' -Resolution. approving 29 unit tentative reap Cherry Hills'Condominium BENSON ESTATES CONTINUED (Bodega Ave.. in vicinity of `North. Webster & Louken St.) -Resolution approving. mitigated .negative declaration -Resolution approving subdivision ordinance modifications and 20 lot tentative map' . SPEED LIIVIITS~ - °RAI)AR ENFRCEABLE 'CONTINUED Introduce Ordinanc"e reestablishirig~radar enforceable speed zones. AD.TOURN At 11:30 p.m., the-meeting'was'adjourned. ~. atricra; rgoss~, ' ay r ATPEST: - ' ' • ;~ .: . tricra , .: ernar , i ~er - ~ ~ : .