HomeMy WebLinkAboutMinutes 07/02/1990July 2, 1990
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Vol. 25, Page 381
1 MINUTES OF A REGULAR MEETING
2 PETALUMA CITY COUNCIL
3 MONDAY, JULY 2, 1990
4 3:00 A.m. ROLL CALL
5 PRESENT: Tencer, Cavanagh, Balshaw, Davis, Vice Mayor Sobel*, Mayor
6 Hilligoss
7 ABSENT: Woolsey.
8 * - arrived at 4:00 p.m.
9 PUBLIC COMMENT
10 MINUTES
11 The June 25 minutes were amended as follows:
12 Page..378, Line 14, add, after $2,000 "+ billboard space";
13 Line 15'- add after $4,500 "+ billboard space";
14 Line 18 - add $15,000 in dollar column;
15 Line 19 - delete "for public relations 15,000"
.. s
16 CONSENT CALENDAR
17 The following "items which are noncontroversial and have been reviewed by the City Council
18 and staff were enacted by one motion which was introduced by John Balshaw and seconded
19 by Michael_ Davis.
20 AYES: Tencer, Cavanagh, Balshaw, Davis,
21 Mayor Hilligoss
22 NOES: None
23 ABSENT: Woolsey, Vice Mayor Sobel,
24 RESO.90-213 NCS
25 CLAIMS AND BILLS
26 Resolution 90-213 NCS approving Claims and Bills #99790 - #99999 and #01100 to
27 #01199.
28 RESO.90-214 NCS
29 CALL ELECTION NOV. 6
30 Resolution 90-214 NCS calling a Regular Election to be held November 6, 1990, for
31 the election of the Mayor, 3 Councilmembers, and 3 School Board Trustees.
32 RESO.90-215 NCS
33 CONSOLIDATE ELECTION WITH STATEWIDE
34 Resolution 90-215 NCS requesting the Board of Supervisors to consolidate the
35 Petaluma Regular Municipal Election with the Statewide Election on November 6.
36 RESO.90-216 NCS
37 REROOF OAK HILL RESERVOIR
38 Resolution 90-216 NCS awarding the contract for reroofing Oak Hill Reservoir to
39 Wedge Roofing of Novato for $31,576.
40 ORD. 1804 NCS
41 APPROPRIATE FUNDS
42 Introduce and adopt Ordinance 1804 NCS appropriating funds for the operation of
43 the City of Petaluma from July 1, 1990, to July 30, 1990, and declaring the urgency
44 thereof, to take effect immediately.
Page 382, Vol. 25
July 2, 1990
1 RESO.90-217 NCS
2 INTENT __ REVENUE BONDS MULTIFAMILY HOUSING 325 N. McDOWELL
3 Resolution 90-217 NCS of 'intent to issue revenue bonds for multifamily rental housing
4 development at 325 North Mc, Blvd: 'The City Council :previously adopted
5 Reso. 88-398- NCS for the issuance of multi -family housing bonds for a.300. unit multi -
6 family development for low and moderate income, families and elderly. Due to
7 sweeping changes in Federal regulations, it is necessary to adopt this resolution to
8 maintain eligibility for this type of financing. The project is being. divided into two
9 phases: (-1) $23;365,000 (maximum) for approximately 210 units, and (2) $6,500,000
10 (maximum) for approximately 90 units. This shall be no cost to the City.
11 RESO.90-218 NCS
12 CONTRACT TRANSIT BUILDING
13 Resolution 90-218 NCS awarding a contract for construction 'of 'a transit in
14 and operation facility at the school bus facility on Kenilworth Drive..
15 * * * * * End of Consent Calendar
16 RESO.90-219 NCS `
17 STORM DRAIN PAYBACK - KEOKUK HEIGHTS
18. This item was removed from the Consent Calendar. Resolution 90=219 - NCS
19 approving execution of a storm drain payback agreement with'Joe Long, the developer. '
20 of the Keokuk Heights Subdivision. He will install 4.2" and' 48" storm drains. When
21 the improvements are completed and the costs are known, the agreement ;will, be
22 executed, subject to the approval of the City Engineer. Introduced -by Michael Davis,
23 seconded by Jack. Cavanagh.
24 AYES: Tencer, Cavanagh, Davis, Mayor Hilligoss
25 NOES: Balshaw
26 ABSENT: Woolsey, Vice Mayor Sobel
27 WATER. SEWER..STORM DRAIN PAYBACKS - COUNTRY CLUB ESTATES
28 This item was removed from the .Consent Calendar. The- developer of Country Club
29 Estates Subdivision .requested City Council concurrence to enter into payback
30 agreements for off-site public improvements. Included in the. _staff recommended .
31 approval were water line, sewer line and storm drain- in M6Near Avenue. Not
32 included'ii1 the approval was water tack and related pump andpiping whch.would be
33 the subject, of a_benefit district at some future date and: sewer improvements in
34 Petaluma Blvd. South. The confirming resolution will be placed ori the next City
35 Council agenda.
36 ALARM ORDINANCE
37 The proposed ordinance,. amending Chapter 6.40 of the Municipal Code,, which is
38 entitled ALARM .SYSTEMS, was. discussed .by 'the - Council and referred. to the
39 Chamber of Commerce, the businesses who have alarm permits and persons who
40 would be impacted by the ordinance which would institute a fee, for excess .false
41 alarms. The ordinance was developed -pursuant to Council direction and addresses
42 the issue of false alarms which have been plaguing the Police Department.
July 2, 1990
Vol. 25, Page 383
1 ORI). 1805 NCS
2 LEASE WITH PETALUMA PEOPLE SERVICES CENTER
3 211 NOVAK CIRCLE - SENIOR CENTER
4 Introduced Ordinance 1805 NCS authorizing execution of a 15 year lease with the
5 Petaluma People Services Center for their use of the Senior Center in Lucchesi Park
6 (211 Novak Drive) during the hours of 9:00 a.m: to 5:00 p.m. Monday through Friday
7 and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday. The addition to be constructed
8 by the PPSC, so no rent will be charged to them. The addition will become property
9 of the City of Petaluma. The use of the premises is limited to senior program
10 activities and nutrition program activities mutually agreed to by the City and PPSC.
11 Introduced by Larry Tencer, seconded by John Balshaw.
12 AYES: Tencer, Cavanagh, Balshaw, Davis,
13 Mayor Hilligoss
14 NOES: None
15 ABSENT: Woolsey, Vice Mayor Sobel
16 SONOMA COUNTY TRANSPORTATION AUTHORITY
17 Vice Mayor Sobel reported on the newly formed Sonoma County Transportation
18 Authority. (V,�e iA toe Sv6a.1 a0.1r:JCA �rorv, +'ht Sonor►,.L C&"r%+%j 'Trar+s peri c.�:er,
19 A,,"e„'4i meet :", aA- a:oo p.,,) CLOSED SESSION
20 The City Council recessed to Closed Session with the Attorney regarding pending
21 litigation.
22 ADJOURN TO DINNER
23 The City Council adjourned to dinner at Petrucci's.
24 ***********
25 RECONVENE and` ROLL CALL
26 PRESENT: Tencer, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
27 ABSENT: Cavanagh, Woolsey
28 INVOCATION
29 Bob Carroll, Petaluma Valley Baptist Church; led the invocation.
30 PLEDGE OF ALLEGIANCE
31 PUBLIC' COMMENT
32 Carlos Berguido, 1722 Capella Court, requested -that the City .not allow new
33 subdivisions to be named similarly to existing ones.
0
CITY COUNCIL-4COMMENTS
35 Michael Davis - expressed dismay at the proliferation of the use of electronic
36 machines, such as FAX equipment, instead of utilizing the 1J. S.' Mail or the
37 telephone.
38 John Balshaw - we have to start doing something .about the garage. There is a need
39 for additional lighting, new painting. He requested this be placed on a PCDC agenda
40 soon so the Commission can discuss solutions to this problem. He: has had feedback
41 from people in the community that they do not like to use the half of the garage that is
42 dark.
43 Mayor Hilligoss - cautioned the residents to be very careful with their use of safe and
44 sane fireworks.
Page 384, Vol. 25 July 2, 1990
1 PROCLAMATIONS
2 The Mayor read a proclamation in Appreciation for ]Petaluma Moose Rod and Gun
3 Club for their June 23 and 24 weekend River Clean-up activities.
4 RESO* 90-220
5 UPHOLD APPEAL - RANCHO LINDO
6 Councilman Balshaw abstained because of his absence at the time of. ,discussion and
7 left the, dais. The City Council continued its 'consideration of the Rancho Lindo
8 Subdivision located_ on Mt. View Avenue has been heard on :May 21 and June 18.
9 Staff. advised there is no nexus between the Rancho Lindo Subdivision. and the off-site
10 sidewalk; therefore, the developer 'cannot be required to make that off-site
11 improvement: It was. suggested that Community, Development monies generated by
12 the Nizibian subdivisions be utilized for such off-site ,sidewalk improvements.
13 Resolution 90-220 NCS upholding the. appeal • submitted by Raymond Nizibian from
14 the Planning Commission denial of unit Development Plan. Introduced by Vice
15 Mayor Sobel, seconded by Michael Davis.
16 AYES:, Tencer; Davis, Vice Mayor. Sobel, Mayor Hilligoss
17 NOES: None
18 ABSENT: Cavanagh, Woolsey ABSTAIN: Balshaw
19 RESO.90-221 NCS
20 NEG. DEC - RANCHO LINDO
21 Resolution 90-221 NCS approving, a mitigated negative .declaration of environmental
22 impact for Rancho Lindo 'Subdivision. Introduced .by Larry Tencer, seconded by Vice
23 Mayor. Sobel.
24 AYES: Tencer, Davis, Vice Mayor Sobel, Mayor Hilligoss
25 K NOES:- None
26 ABSENT: 'Cavanagh, Woolsey ABSTAIN: Balshaw
,.27 ORD: _ -1806 N•CS- '
28 PREZONE TO PUD - RANCHO LINDO
29 Introduce Ordinance • 1806 NCS prezoning Rancho Lindo .Subdivision to PUD.
30 Introduced by Michael Davis, seconded by Vice Mayor Sobel.
31 AYES: Tencer, Davis; Vice Mayor Sobel,,Mayor Hilligoss
32 NOES: None
33 'ABSENT:' Cavanagh; Woolsey ABSTAIN: Balshaw
34 SIDEWALK CONSTRUCTION
35 MT. VIEW AVENUE
36
37.
38
39
40
41
42
43
44
AYES: 'Tencer, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Cavanagh, Woolsey' ABSTAIN: Balshaw
July 2, 1990 Vol. 25, PageL 385
1 RESO.90-222 NCS
2 NORTH MC DOWELL AD 17 - OVERRULE PROTESTS
3 The North McDowell Blvd. Improvements Assessment District 17 public hearing was
4 ' continued. from. the June 18 Council meeting.
5 Clegg Property - City Engineer Tom Hargis noted that potential access from the 10.64
6 acre Clegg Property (behind Fire Station 2) to Corona Road exists by the installation
7 of a box culvert across the storm .drain channel and he noted the U. S. Post Office
8 constructed access to Corona Road by doing just that. Any Corona Road connection
9 would be subject to a site proposal desiring such a Corona Road orientation. He also
10 noted the Clegg property has several hundred feet of frontage that are not impacted
11 by the change in elevation of the Corona Road overpass. The City Manager noted
12 staff has reviewed the protest and concludes the access off of Corona is legal and
13 physically possible; so, the property should remain in the assessment district.
14 Gow Property - City Manager John Scharer noted this parcel located on the southeast
15 corner of Corona Road and North McDowell Blvd. has a total proposed assessment,
16 including right-of-way of $599,959. Staff recommended the right-of-way assessment of
17 $197,649, upon which the protest was focused, be addressed by the redevelopment
18 agency through an. agreement between PCDC and the Gows whereby the agency
19 would make an annual payment equalling the right-of-way portion of the assessment.
20 This proportionate payment would be made until the bonds are paid off or a
21 development entitlement is received granted to the property.
22 Grav and Friedman Properties. - These properties are located between U. S. Highway
23 101 and North McDowell Blvd. between the proposed Rainier Extension and Lynch
24 Creek professional offices. The size of the Gray property is 25.38 acres and the
25 Friedman property is 11.19 acres. The City Manager noted both of these protests
26 have been withdrawn by their agent, Lucy Webb.
27 Lorenz Property - This 5.0 acre parcel located on the southwest corner of North
28 McDowell Blvd. and Corona Road contains an auto repair shop, Mr. Lorenz's
29 residence, a rental residence and several miscellaneous storage buildings. Staff has
3o been meeting with Mr.' Lorenz and his auto repair shop tenant, John Troup; and, the
31 City has retainedd-a local architectural firm to prepare a site plan to retain the viability
32 of the existing auto repair shop use. Staff recommended that consistent with the City
33 Council's direction to exclude residential uses from the assessment district, the
34 assessment be allocated 2/3 residential and 1/3 commercial. The residential portion
35 would be offered an agreement, similar to the Capri.Mobile Home Park, wherein the
36 PCDC would make a. 2/3 annual assessment payment representing the residential
37 portion of the property. Upon receiving a development entitlement from the City, the
38 responsibility of the PCDC to make the payment would cease.
39 Recap of PCDC Annual .Commitment - It is estimated the Val Cago (Capri Mobile
40 Home Park) represents $14,500, Gow represents $19,400, and Lorenz represents
41 $17,000 for a total of $47,900.
42 The hearing continued: Derek Simmons spoke on behalf of the Clegg protest. When
43 the Post. Office covered the drainage ditch for vehicular access along Corona Road,
44 they had come to the City requesting a development entitlement; Mr. Clegg is asking
45 for nothing. Mr. Simmons sees no nexus between the Clegg property and the
46 Assessment District improvements. Some future right is not sufficient basis on which
47 to included this property in the assessment district.
Page 386, Vol. 25 July 2, 1990
1 ASSESSMENT DISTRICT 17 HEARING:
2 Doug Chamberlain spoke on behalf 'of Mr. Lorenz. He said Mr. Lorenz has not had
3 the situation explained adequately to -his, satisfaction. He, has not' had ail attorney
4 representing, him. - He added that at' this time, his understanding is that 'Mr. Lorenz
5 plans to sell a portion of -his property iin order to pay the assessment.
6 Mr. Lorenz: said he did not want to sell. He wants,to stay there 'a little longer. If the
7 City moves the* house, the foundation should be fixed like it is now. The City Manager
8 advised Mr. Lorenz that after his' home is moved; the house will -be in equal to or
9 better condition, than now.
10 John Troup noted the discussions, they have had . with staff indicated the surface would
11 be concrete. Staff confirmed that concrete will be installed.
12 'I'lie City Manager noted there would be no payback requirement of the P , CDC's
13 payment of the residential share. of. the ;assessment.. However, as -Soon as there is a
14 change of use from residential, the property would. become responsible -for the
15 assessment ssment -from that day forward.
16 Forest Thompson, resident Of Youngstown Mobile Home Park, asked ,if there , would
.17 be, any impact, to their recreational 'vehiclestorage area located adjacent to Corona
18 Road. Staff assured 'him the only change would be an improved road surface near
19 their access road. It was also -noted there will 'be no change to the location of the
20 curbline of North McDowell Blvd. -at Youngstown Mobile Home Park I
21 Jim- McCarter, a neighbor of Joe Lorenz; asked if people could understand how ''Mr.
22 Lorenz feels having lived at this location since 19221 and why- he is concerned about
23 having -his house moved"frorn its present location to another site on, his, property,,
24 It was noted that Lucy Webb withdrew the protests of Richard Gray and Benny
25 Friedman. The protests that remain are Gow, Clegg And Lo , renzwhich amount of
26 17.1% of the district. There being, no one else wishing toispeak, the hearing was
27 closed. Bond Counsel Bob Brunse'll, of Sturgis, Ness, Brunsell,and Sperry_,,not6d'that
28 contiguity, as a matter oflaw, i , s -riot required under! the assessment actin order to find
29 that the Clegg property benefits from tht in provement. The Council may make that
30 finding without establishing that there is strict legal contiguity. He said he was not
31 suggesting that as a matter of law' the Clegg property may not be considered to be
32 contiguous to the right-of-1way of Corona Road even though it 'is separated . by the
33 drainage channel also owned by the City. The question is whether the City can
34 lawfully require the Clegg property 'as a condition- of development, to improve the
35 frontage of Corona Road. He feels that could. be done; and, if it can -he done-, 'that
36 would also be a basis' of benefit. Even it it could not be done, however,, ,the location of
37 the Clegg. property, from thestandpoint of the, intersection and roads flowing into the
38 intersection may be a, sufficient cdiik for the Council to find that there is benefit to
39 that property.. This is within the Council's discretion..
40 Resolution .90-222 NCS overruling protests: On the basis -6f a protest Of less than 20%
41 of the entire .district, and ,the :att6m :attempts being Made to 'accommodate' those ,property
__p
42 owners, especially residential that have concerns,' the resolution was introduced by
43 Larry Tencer and seconded by Michael'. Davis.
44 AYES:Tencer.,Davis. Vice Mayor Sobel, MAyor Him
goiss
45 NOES: None
46 ABSENT: Woolsey, Cavanagh ABSTAIN: Balshaw
July 2, 1990
Vol. 25, Page 387
1 RESO. 90-223 NCS
2 NORTH MC DOWELL AD 17 -.PUBLIC CONVENIENCE REOUIRE CONSTRUCTION,
3 Resolution 90-223 NCS determining public convenience and .necessity require
4 construction of improvements for North McDowell Blvd. ImprovementsAssessment
5 District 17. Introduced by Vice Mayor Sobel,,second'ed by Larry Tencer.
6 AYES: Tencer, Davis, Vice Mayor Sobel, Mayor Hilligoss
7 NOES: None
8 ABSENT: Woolsey, Cavanagh ABSTAIN: Balshaw.,.'
9 RESO.90-224 NCS
10 NORTH MC DOWELL AD 17 - APPROVE AMENDED_ ENGINEERS REPORT & ORDER
11 IMPROVEMENTS
12 Resolution 90-224 NCS approving amended Engineers 'report and ordering
13 assessment for North McDowell Blvd. Improvements Assessment District 17.
14 Introduced by Michael Davis, seconded by Vice Mayor Sobel:
15 AYES: Tencer, Davis, Vice Mayor Sobel, Mayor Hilligoss
16 NOES: None
17 ABSENT: Woolsey, Cavanagh ABSTAIN: Balshaw
18 RECESS 8:35 to 8:50 p.m.
19 RESO.90-225 NCS
20 ABANDON RIGHT-OF-WAY IN AUTO ROW VICINITY
21 Councilman Balshaw resumed his seat on the dais. Resolution 90-225 NCS
22 abandoning unnamed right-of-way within the proposed Auto Center off of Industrial
23 Avenue. Staff recommends the City sell the property at $5.31 per square foot for a
24 total of $67,076. A 10 foot public utility easement will be reserved as will be a 15 foot
25 sanitary sewer easement. The hearing was opened. There being no one wishing to
26 speak, the hearing was closed. The resolution was introduced by Michael Davis,
27 seconded by Larry Tencer.
28 AYES: Tencer, Balshaw,, Davis,
29 Vice Mayor Sobel, Mayor Hilligoss
30 NOES: None
31 ABSENT: Woolsey, Cavanagh
32 ORD. 1807 NCS
33 MORNINGSIDE SUBDIVISION - REZONE TO PUD
34 Introduce Ordinance 1807 NCS rezoning Morningside Subdivision (Corona/Ely area)
35 to PUD. Staff reviewed the proposed 70 detached and 113 attached single family unit
36 subdivision on 38.6 acres located on Ely Blvd. North, north of Rainier Avenue and
37 across from Acadia Drive. The project applicant Cherry Lane Associates/Delco
38 Builders_ plan to change the subdivision name in the near future. Doyle Heaton,
39 Delco, ,spoke on behalf of the project. There was discussion about the six houses to be
40 located adjacent to the park. The Council's intent has been to have parks surrounded
41 by streets with no residential use on the block. Staff will work with the developers to
42 address that issue. Michael Davis observed the houses in the subdivision do not have
43 an appropriate building site orientation that would enable the future residents to
44 install solar energy facilities. The Council requested staff to obtain solar access
45 building orientation information from the City of Davis. The ordinance was
46 introduced by John Balshaw, seconded by Vice Mayor Sobel.
47 AYES: Tencer, Balshaw, Davis,
48 Vice Mayor Sobel, Mayor Hilligoss
49 NOES: None
50 ABSENT: Woolsey, Cavanagh
Page 388, Vol. 25,
July 2,- 1990 . I �; I
1 MORNINGSIDE-SUBI)WISION
e 0- it -
2 Th rdinance artiending the, D6v6lohni6i Agreement for Morningside Subdivision,
3 resolution, approving
. 'unit, develop—
ieiit.piain:itid,nd-,reso
ltition, approving tentative map
4 were continued to,the.nex meeting. .
5 NIBBI OFFIC&BUILD! G,
6 The Nibbi Office. Bifildinj (Lakeville at D Street) - SPARC deferred action on the
7 EIQ and 2 conditions Mrjbeferralto tthe. City Council,wass6Wtintied to July 16, at the
8 request of 1 they applicant.
9 RE,SO..90-226.NCS _,
10 Nbidft MC'DOVWLL AD 17't,,.4ONTRACTFOR IMP�ROVEIWENTS
11 Resolution 90-226 NCS awarding the contract for North McDowell Boulevard
Resolution
''bi * .17 improvements to" Don 'Dowd for $2,074,218.10. Introduced by
12 Assessment., istrict
13 Larry Tenter, , second--.. Michael Davis..
seconded
14 AYES* Tencer, BalshaW, Davis,
15 Vice Mayor Sobel, Mayor Hilligoss
16 NOES: None
17 ABSENT: Woolsey, Cavanagh
18 RIVER COMMITTEE
19 TheCity Council discussed the charge of the RiVer Committee. It is Council -intent
20 the Army Corps of Engineers neers flood fix not be jeopardized by any; actions of the
21 proposed committee. 'The, main intent- . is to -give advice to -the City Council on `the
22 development, of the river fringes;
nges; rather than up any tributaries,., The secondary intent
23 is to', make, recommendations on the rivet as an economic community resource and to
24 look at development in those areas where development is appropriate.
25 ADJOURN
26 At 10:30 p,m, the meeting was adjourned.
27
28 ATTEST:
29 Patricia E. Bernard; City Clerk
30
M,PatriciaHilligoss, Mayor