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HomeMy WebLinkAboutMinutes 03/01/1999March 1, 1999 Vo1:32, Page 435 t 1VIlNIJTES 2 OF A R7EI~GYZILArR, MEE~TING'f 3 PETALUIVIA C)(~ ~®IJNCII., 4 1VIONDAY,IVIARCR 1, 1999 s ROLL CALL 3:00 q.m. 6 Present: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, ~ Vice Mayor David Keller s Absent: Mayor E. Clark Thompson 9 1VIINIJTES to The minutes for February 22 were approved as amended: it Second page, Line 30 -change to travelling "in the left turn lane the traffic signal" t2 Sixth page, Line 6, Change `eliminates' to `exempts' 13 Last page -add, "The meeting was adjourned in memory of Mrs. Chechanover." is CONSENT CALENDAR is The following items which are noncontroversial and which have been reviewed by the City i6 Council and staff were enacted by one motion which was introduced by Councilmember i~ Pamela Torliatt and seconded by Councilmember Matt Maguire. is Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, i9 Vice Mayor David Keller 20 Noes: None 21 Absent: Mayor E. Clark Thompson 22 RESO.99-46 NCS 23 CLAIMS AND BILLS 24 Resolution 99-46 NCS approving Claims and Bills #79587 to #79871. 2s ORD. 2082 NCS 26 PERS CONTRACT AIVIENDIVIENT 27 Adopt Ordinance 2082 NCS modifying the contract between PERS and the City of Petaluma 2s to implement the 1959 Survivors Benefits for Miscellaneous Members to Level 3 effective 29 April 5, 1999. Introduced at the February 1, 1999, City Council meeting. 3o RES0..99-47 NCS 3t IVIOBII,E HOME RENT STABILIZATION PROGRAM -AGREEMENT COi1NTY 32 Resolution 99-47 NCS approving agreement with the County of Sonoma to continue to 33 administer that. the mobile home rent stabilization program for a five year term -until June 34 30, 2003. 3s ---End of Consent Calendar--- Page 436, Vol. 32 March 1, 1999 i REMOVEID FROM CONSENT CAL~NIIAR~ z RESO.99-48 NCS 3 I)IRECT`IONAI~ SIGNS - ,CAI.TRANS;; HERITAGE HOIVIES, PIRA a CHAMBER DF COIVINIERCE, `PETALUIVIA VISITOR PItOGItA1Vi s Resolution 99-48 NCS supporting, the request of ,the Ghambet~ of Commerce, the Petaluma 6 Visitor's Bureau; Heritage Homes, and the Petaluma ,Downtown Association ao: purchase ~ from Caltrans four highway directional signs for Petaluma's .Historic Downtowm. The s estimated cost of $4,500 will be paid by Heritage Homes;: PDT, the Chamber ;of Commerce 9 and. the Petaluma Visitor .Program. The City Council asked -that the appropriate office of io Caltrans be 'asked to change the proposed wording to "Petaluma Historic Downtown; Next ii Exit." Debbie Riddle, Heritage Homes; agreed with the suggested wording change; `-historic' is was not. suggested `by Caltrans., Introduced by Councilmember Matt Maguire and seconded 13 by Councilmember Michael Healy. 1a Ayes: Healy, Torliatt, Gader-Thompson, Hamilton, Maguire, is Vice Nlayor David Keller 16 Nces: -None i~ Absent: Mayor E: Clark Thompson is RES0.99-491VCS i9 POLICE - JUVENIIE ACCOUNTABILITY BLOCIC:GRANT so Resolution 99-49 NCS authorizing the Police Department to. apply for a Juvenile si Accountability Block Grant from the Office of 'Criminal Justice Planning in the amount of Zz $:12,463.. Mat~hing;funds of.$1,385 will be reimbursed to the City by the Santa Rosa Junior z3 College. The money will be used to oversee and operate a Petaluma Citizen`s' .Academy, for za Youth. This money should be used for those who want: to attend as °well as those'who_Nave; is had' some. problems with the law. Staff was asked to talk to thy; schools about possible youth 26 attendees who may have found .themselves in trouble with the law; ,and make, this. program- for a~ a .mixture of youth. These could be both youth remanded and'__~youthsolicited to participate: zs Introduced by Councilmember Jane I=Iamilton and seconded by Councilmemb_ er Matt z9 Maguire. 3o Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, 3i Vice Mayor Davld.Keller 32 Nces: None 33 Absent: Mayor E. Clark Thompson 34 RECEIVE AND FILE STATUS REPORT - 35 I~NII,WORTH ATHLETIC::FIELI9S PROJECT (t~PARIC10 ELI) _ 36 Staff advised the City Council -that the Kenilworth Athletic Fields project,. the :completed 37 plans, .specifications, structural calculations, soils report, pertinent applications and filing fee 3s were sent to the Division of the State Architecti's office .on Wednesday, .February 24. This 39 starts the review process which. will take five to: six weeks. to complete. A .joint powers ao agreement between the City of.Pefaluma and °the Petaluma. School District will'. be submitted ai to the City Council in the near future.. a2 The Council wants the-Joint Powers Agreement with the school begun now and the Council a3 wants it agendized for 'next meeting with the School District. The Council also wants as someone checking. once a week and verifying- this .is moving forward at the State level, wants as a letter written to local sports leagues. telling them what is going on with the ballparks, how March 1, 1999 Vo1.32, Page 437 i they can help the City, and ..how the City is working to provide fields for them. The Council z wants to make sure this stays on track. The sports leagues are to be asked to notify their 3 members of this information a Contenued to 1Vlarch 8 s PITRCHASE SIX POLICE PATROL VEHICLES 6 Resolution authorizing the purchase of six Police patrol vehicles from Henry Curtis Ford in 7 the amount of $149;542.47. Eight bids were received, the lowest responsive bid was from s Henry Curtis Ford of Petaluma. The cost for this proposal is to be absorbed from overtime 9 savings and better management of personnel assignments. This, along with hiring of 3 police io officers, was continued in order to submit more information to the City Council regarding the ii use of `overtime' funds. iz Contanued to 1Vlarch 8 13 HIRE 3 POLICE OFFICERS is (This was continued with the foregoing item for more information on the use of `overtime' is funds.) Resolution authorizing hiring three Police Officers using existing Overtime Funds and 16 COPPS Universal Hiring Funds. The three year cost of $779,111 is offset by $404,575 i~ Overtime savings and $225,000 CORPS Grant Funds. The remaining cost of $149,536 will is be achieved through other reductions such as hiring Entry Level or Step I officers at reduced 19 pay, by reduced overtime, or by reduced training overtime. zo End of listing of items removed from the Consent Calendar zi STATUS OF PAYRAN REACH PROJECT zz >IJ. S. AR1i~IY C®>Etl'S OF ENGINEERS z3 City Engineer Hargis noted that of the. 51 properties that must be acquired for the Payran za Reach Flood Control. Project, 42 have been acquired. There are 91eft and of that 9, three are zs close to reaching agreement. On March 8 there will, be a resolution of necessity to be used if z6 there is a need to go to eminent domain proceedings. There ate 3 on which offers have been z~ made and letters have gone out to the owners. These will be on the March 15 agenda. The zs judge has been very understanding and has given authority to the city for 30 day rights-of- z9 entry. The last 3 properties are Sonoma County Water Agency land. The County staff has 3o agreed on permanent easements. He plans to attend the Board of Supervisors meeting on 31 March 16 to follow up on the last three parcels. He will contact Supervisor Kerns to inform 3z him of the process and request his support at the Board of Supervisors meeting. 33 He has been working with the railroad and thinks the railroad bridge picture will be agreed to 34 soon. The approved environmental window for working in the River begins mid-July. It 3s appears the timeline to begin the next phase of river work is still on course. The contract 36 with Winzler and Kelly for design of the second railroad bridge is close to completion. The 37 City has. wired the necessary $4 Million to the U. S. Army Corps of Engineers. The U. S. 3s Army Corps of Engineers.Engineer Lynn Gallal reaffirmed that the project is on track. There 39 is a need to amend the agreement with the U. S. Army Corps of Engineers, the agreement ao would state the City will be building the railroad bridges. The local office endorses this, but ai the paperwork does have to go to Washington for final approval. This will take az approximately 60 days in Washington, D.C. a3 John Cheney, 55 Rocca Drive - glad. to see this project is on schedule. Zone 2A was to as speak to you about Willow Brook and the willow plants and the `plug'. Also let's get hold of Page 438, Vol. 32 March 1, 1999 t the County and get rid of that- ,1.5,000 cubic feet of illegal fill: at Adobe Lumber. He would i really like to have an update on these issues. 3 The Council approved sending a letter to the. Army Engineers stating. the City is willing to a accept risk associated with proceeding with the trapezoidal channel while the City is pursuing s replacement of the'two RR bridges. 6 CL®SED SESSI®N ~ 4:50 p.m. The City Attorney asked the Council to add the folhwing discussion to the closed s session: 9 COIVFERENC_E WITH LEGAL COUNSEL. -ANTICIPATED LITIGATION -:Significant to Exposure to Litigation Pursuant to Subdivision (li) of Section 54956.9 (1 matter) This mater i i has arisen.. since the agenda was posted last week. Introduced by Couneilmembec Matt tz Maguire seconded' by Councilmember Janice Cader-Thompson. t3 Ayes: Healy, Torliatt, Cader-Thompson, .Hamilton, Maguire; to Vice Mayor David Keller is Nces: None t6 Absent: Mayor E. Clark Thompson i~ Conference with Legal: Counsel -Existing .Litigation ;(Government. Code §5'4956.9(x) is Lionsgate v. City of Petaluma, .Office of Administrative Hearings File No. A-0031- i9 98/Sonoma County Superior Court Case No. 220489 zo Conference with: Legal Counsel -Existing` Litigation. (Government Code §54956:9(x) Tri-Ad u Constructors, Inc. v. Cit~ofPetaluma, Sonoma. County Superior Court Case No. 220760. zz ADJOiJItN z3 The Council took a break from its Closed Session between 6:40 p.m: and 7:00 p.m. za RECONVENE T:OO om. - 2s Present: Healy, Torliaft, Cader-Thompson, Hamilton, Maguire, 26 Vice Ivlayor.David'Keller 27 .Absent: Mayor E: Clark Thompson zs AGENDA CHANGE z9 Vice Mayor .Keller advised the audience- that the Premo Subdivision was being continued to 3o the next Monday, 31 PLEDGE OF ALLEGIANCE 3z Vin Smith led the Pledge of Allegiance to -the flag. 33 1VIOIVIENB` OF SILENCE 3a PROCLAMATIONS 3s March 2 was proclaimed Peace Corps. Day. March 1, 1999 Vo1.32, Page 439 i Pifi~LIC COIVIIVIENT z G. Cartwright -regarding Denman Flats, he read from a paper that said to leave it 3 undeveloped. a D. Weisenfluh -What's going on in the City with Y2K? It was suggested that he call the s City Manager or Mary Tupa for an update. 6 B. Martin -How is the City's ground water supply and do we have treatment capacity for ~ that ground water supply? The Council asked that S. Simmons, Water Department, report on s this when Sonoma County Water Agency is on agenda. 9 H..Flum -Regarding the golf driving range, a pole is getting rusty. Please check it out. Can io we insist poles be painted? He and the Council want a report. i i COUNCIL COIVIMENT iz Maguire - we do have enough ground water and treatment supply. 13 Healy -anew TCI-Web subscriber got a TCI document with provisions about merchants and is advertisers, •prohibiting transmission of information that a person could. feel is objectionable, is and it prohibits Internet business -please follow up and review this when franchise comes up i6 this year is AGENDA MANAGEMENT is Councilmember Jane Hamilton asked the Council to move the item on HCz up to be heard 19 first. The Councilmembers concurred. zo HCz REPORT AND REQUEST FOR FUNDING zt Joy Dobson gave, a brief review of what this collaborative community organization is doing. zz HCz requested support from the City in the amount of $12,500 for their 1998-1999 funding. z3 The organization is working on the following projects: Dialogue on Race, Teen Resources, za Adolescent Health, and Domestic Violence. They are also planning to establish a Quality of zs Life indicator as well as planning to start a Spanish. speaking group. Introduced by z6 Councilmember Matt Maguire and seconded by Councilmember Jane Hamtlton, the- Council z~ approved the request for $12,500 for the 1998-1999 budget year. 2a Ayes: Healy, Torliatt; Cader-Thompson, Hamilton, Maguire, z9 Vice Mayor David Keller 3o Nces: None 31 Absent: Mayor E. Clark Thompson 32 APPEAL REDWOOD :PLAZA SHOPPING CTR. 33 This item was continued from the February 22, 1999, meeting. The appeal was received from 34 Jerome's Restaurant about a proposed building site in the Redwood Plaza Shopping Center 3s and the contention there are not sufficient parking spaces for another building. The Site Plan 36 and Architectural Review Committee's (SPARC) approval of a 4,500 square foot building 37 proposed to be located on the vacant pad at Redwood Plaza, 5308 Old Redwood Highway, 3s was considered. The SPARC approval was originally given to this project in November of 39 1995, and a building permit application was made in November of 1996. Due to inaction on ao the part of the applicant both the SPARC approval and the building permit application Page 440, Vol. 32 March 1, 1999 i expired with no buildng°permit .issued. SPARC reviewed identical plans in May of 1:998. z There was a noticing. problem and the application was noticed :again in September: A 3 response to the .September, 1998, notice came from. Jerry Schwartz of Jerome's :BBQ. '.The a matter was referred to SPARC :for review. At the October 22, 1998, SPARC meeting s representatives of Jerome's and Burger King voiced their opinions ,regarding the inadequacy 6 of the parking on. site' and there was no management presence. on cite. SPARC referred the ~ questions to staff. On December 1Q, 1`998; 'SP-ARC learned that: the :number of :parking s spaces was dictated by the Planning Commission, on April 2.7, 1,993, .when it approved a 9 conditional use permit; the required,minimum. number of parking spaces is 256. Af this time, io the. Shopping Center site exceeds this requirement'by 44' parking spaces. i i The City Council expressed. concern:.. about. the parking.:areas, which are not really 'integrated iz one with the others.. The shopping center does.not have an organized management; and`there 13 are several. property owners on that corner. is The public hearing was. opened: Eric Koengshofer represented Jerome's Restaurant.: The is approvals ga back to a 1993 conditional...use permit. He questioned,whether or. not. the fire 16 shop at the northeast corner of the shopping center is authorized to use the parktng'behlnd i~ the IHOP restaurant. There is no mechanism in place for mutual management of that entire is shopping :center. The. issue is' not only the number of parking spaces, it is also the fizrictional 19 aspect of the parking lot. He passed. out photographs to the Councilmembers showing the zo use of the parking lot by large trucks and indicated they use the parking areas to unload. their u cargo:. He aid there were 76,983 square feet of building i.n 199,3" and this exceeds the zz footage by 983 square feet. You have the authority to deny the permit. z3 There was a question :in the amount of total square feet of building 'in the center: Staff :had za calculated 72;00.0 square'feet. Staff was asked if the nursery `at Orchard'Supply is part o_fthe zs building calculation. Staff will research -that. There. was discussion about the fire.parking z6 spaces at the. `oil change' building which is now empty. That number was included in the za total spots. z's Mr. McDevitt". - in the beginning, the. only way to enter the shopping center from Old z9 Redwood. Highway was from,North McDowell., Egress has been somewhat improyed'since 3o then: The ;proposal is. to construct a Laundromat on the vacant parcel. The parking at IHOP 31 can be used. by Firestone Tire with a reciprocal access agreement. The Orchard ~°Supply 3z building .flooded. in 1982 and in .1986. .Fie did not meriti~n any other .flooding.. -The 33 calculations were `current net -fill' when the land was filled, but Ghat is different from `zero net 3a fill.' The building, pad ,is in place to met those requirements. There are reciprocal: easements 3s that run with the land unless they are specifically undone. The appeal is 'based on two 36 questions, Jerome's was not notified and parking. He .has counted the empty parking; spaces 37 mid-day on a number of occasions. There have been between 58 and 122 spaces empty:. 3a Burger King: has lots- of empty spaces,. but they are inconvenient .for, their customers.. 39 Driveway areas are 28', 39', and. 31' wide; this is larger than the 26 foot requirement: We ao are being asked to comply with a Planning: Commission parking: guideline .for 300 square -feet a~ of building area where in fact we are providing more: "If you:deny .you are saying, someone az didn't do what they, should, and you. will punish Redwood Plaza. Things are better .now; 43 there are not any backups onto McDowell. anymore., Fie. vcalunteered to act up quarterly as meetings with the tenants and to try to get tenants and their employees to park: in certain as areas: There i no joint promotion for this area. That.i missing. There. is synergy here: a6 Diane Reilly -parking is the. issue, Where I see the problem is getting out of the parking. lot a~ into the street. as Geoff Cartwright - he echoed -the- concerns about the flooding: March 1, 1999 Vo1.32, Page 441 i John Cheney - 15,000 cubic yards- of fill are in Adobe Lumber property. ~ There's testimony z the water went through. Put the plug in Willow Brook: 3 There was a difference of opinion as to whether or not one can enforce management of a delivery trucks and their deliveries. s Peter Bucklin -those approvals were in 1993. The shopping center was a disaster and we s have improved parking since then. The City of Petaluma made the right decisions on this. ~ The approvals and conditions are what are today's facts. There is adequate parking. s Remember what it was before and what it is now. All of this was done with approval of the 9 Planning Commission and SPARC. The reality is `view', his view would be blocked by this io building. He is the only one objecting. i ~ Councilmember Janice Cader-Thompson -this shopping center was built as a piecemeal is project. I know a lady who won't shop there because she can't turn south on McDowell. 13 She would like to see Mr. McDevitt work with'the owners of the `oil stop' site. The center is doesn't support good traffic flow. It flooded in 1982 and 1986; where is the water going is now? i6 Councilmember Jane Hamilton - we have conflicting information on square footage. That is i~ a very important point. Circulation is not functional. There may be the right number of is shopping spaces, but it is being used by trucks. She would like to uphold the appeal but she 19 doesn't want to prevent Mr. McDevitt from improving the property. Doesn't think `we are 20 there yet.' It is a very important retail center in that part of the city. It is our responsibility to zi see that it functions well. We need solutions. 2z Councilmember Matt Maguire -the shopping center has been improved, and he is reluctant 23 to allow the last building to go in. The need a policy to address parking of large trucks. za They are blocking parking spaces and travel aisle. If these could be addressed, he would. ss think of allowing the project to go ahead. z6 Councilmember Michael Healy - he concurs with what has been said.. The shopping center a~ is not as good as it should. be regarding traffic circulation and parking. There may be isolated ~s parking spaces. in the center. Now we are trying to redesign something that is 90% complete. z9 We have control over McDowell but not over the rest of the property owners. This is not a 3o satisfactory situation. He wants to see more creative thinking to try to deal with the problem 31 at the center. 3i Councilmember Pamela Torliatt -agrees with all the foregoing. It is a circulation problem, 33 not a parking problem. Can we have any use restrictions on this piece of property? What 3a type of uses can be imposed here? Maybe we should talk-about no restaurant use. We could 3s reduce the parking and reduce the site for Mr. McDevitt. 36 Mi. Bucklirr -There is nothing that calls for a master plan. This is not a normal retail center. 37 Normal is strip retail with a u-shape configuration. It is all chopped up. It is successful 3s except for the oil changers. Relating to a developer management plan doesn't affect this 39 business, it affects the whole center. ao Councilmember Matt Maguire -the drive through at Burger King. is a problem. That will ai have to be looked at. There are potential solutions here, but we haven't seen them. He az would like to see parking and circulation improvements come back to the Council a3 Vice Mayor David Keller -this is an unorganized shopping center. It is visually chaotic. The as pads at the northeast corner -there is no sense how to access them. He questioned parking Page 442, Vol. 32 March 1, 1999 i agreements; if there are .any., He .also, questioned the tires stored in a .fire :access.. Orchard z Supply needs to restrict deliveries; to their dock and not forklift ~tlungs out of trucks. 3 . Acting Planning;, Director Vin Smith -are you... telling staff you wish to continue this ask the a owners to work towards improvement of the circulation 'and the parking situation and come s up with an agreement among shopping center owners? 6 City Attorney Rudnansky said. the Conditional Use Permit of 1993 is not open to :revision. ~ The 1993 parking -good, bad or ugly - is in place. a Acting Planning Director Vin Smith -the 1993 Conditional Use Perrrut relates tg the entire. 9 shopping ,area. If that is what you wish, direct staff to come back after facilitating some io solution to the wish list expressed by the City Council this evening. ii Councilmember Jane Harrulton - do not come back with xeams of history. She wants iz assurances the solution will work for everybody and the center is to function well. 13 Introduced by Cotzncilmember Jane Hamilton. and seconded by Councilmember Michael is Healy, to continue this item, staff is to sit .down with the interested parties to work out rs solutions, and then come back to the. City Council for final action. Minimally enforceable i6 solutions to parking and traffic circulation are encouraged. i~ Ayes: Healy,: Torliatt, Cader-Thompson, Hamilton, Maguire, is Vice Mayor David Keller i9 Nces: .None 20 Absent: Mayor E. Clark Thompson zi RECESS TO CLOSEID SESSI®N 9:38 p.m. zz (The Council did not conclude discussion. of this item at the earlier closed z3 session).CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION. - za Significant Exposure to :Litigation Pursuant to Subdivision (b) of Section 54956.9 (_l matter) zs Thin mater has arisen since the agenda was posted-.last week. - There was no reportable action z6 out of closed. session. Closed session concluded at 10:15 p.m. z~ RESO.99-29 NCS' REAFFIRMEID zs CRO5S CREEK RECONSIDERATION OF APPROVAIL FINAL.IVIAP RES®.'99-29 NCS zv The Council. ,reconsidered the action to approve .Cross Creek Final. map. The motion for 3o reconsideration. was introduced and seconded. at the February 15 Council meeting. Speakers 31 included: 3z Art Cader, member of the Airport Commission -noted that the Petaluma ;Municipal .Airport 33 is a money making operation. There. are 60,000 to 70,000 take-off per year.. He has seen 34 numbers of .small, private, jets pick-up passengers: and drop-off. passengers at the airport: - It is 3s being used well. He is pleased with the Green Belt that runs along~the City's. border because 36 it is eye pleasing. He has a concern about any more buildings' being constructed 'within the 37. avlgation easements. The golf course aocated there is fine. Iie asked" that the Airport 3s Commission be notified. when the City receives an application.. that may conflict or enter. into 39 the avlgation easement. In the case of Cross Creek, he is not aware that the Airport ao Commission was. contacted. ai Steve Block. - repeated..his concerns. about the water by-pass being cut off, the danger to az homeowners, the potential: flooding at the `pinch point,' CEQA says to contact the. FAA if March 1, 1999 Vo1.32, Page 443 i there are wetlands in this type of area and they were not consulted, he requested a z supplemental Environmental .Impact Report and that has not been addressed, has a concern 3 about birds-airplanes-wetlands, wants Section 7 or 10 consultation with all parties present, a wants to know why the information was withheld from the Council, when Lawler Dam was s taken out the water is no longer controlled and it goes lickety-split, Lakeville Highway Phase s 1 and Phase 2 ponding area, the only things discussed with the airport is how the streets lined up in the inner approach with 3 to 21 homes, and the avigation easement not discussed about s construction of ball fields or wetlands. He requested that future building of Phase 3 and 4 be 9 denied. Obtain. a bond for 30 years for potential problems. The city is going to be liable for io the down stream flooding if we have a rain event. u City Manager .Fred Stouder -said to his knowledge there has been nothing that has been iz withheld and to his knowledge we have sent out everything we have on this subject. 13 Councilmember Jane Hamilton - no one mentioned it had been. is Steve Block -questioned whether or not the Airport Land Use Commission (County) was is involved in decisions on this project. i6 Joe Flaheds -the bottom line is there are still questions unanswered. Every time I turn i~ around there are new questions. The green belt is good. Two weeks ago Councilmember is Jane Hamilton talked about cobblestones being stolen. Take care of your cobblestones. This i9 is my cobblestone. zo Diane Reilly -Michael Healy has done a great job working with the council. Feels the zi minutes of previous actions are inaccurate. Petaluma 'by-pass never got done. Why was it zz never put in. z3 Dave Tieken -feels there are safety issues. #1 the Urban Separator was moved out ,and #2 za lets see if we can get a couple of ball fields in the Urban Separator. Parks and Rec approved zs it. Why did you put fields under the approach to a runway? These `carrots' caused the votes z6 to go the way they did on this project. z~ Doyle Heaton - if the ballfields are constructed elsewhere, there is a recorded agreement zs about how that cost will be spread. We have a five year contract with Mr. Zenter to monitor z9 wetlands. This is ongoing. On the diversion channel, we tried to et all agencies together. 3o We are going. o be .looking at redesign of the `headwall.' We are going to look at both ends 31 of the diversion. 3z Councilmember Matt Maguire -there was some washing out of dirt from the last storm. Mr. 33 Heaton will he happy to put up a bond on that. 3a Matt Hudson -the diversion area is not meant to hold much water so it will not attract water 3s fowl. What is before you is Phase 4, the ball fields, diversion and wetlands were Phase 3. 36 Dave Roberts, Deputy Director County Public Works, announced he was present to answer 37 any questions of the City Council. 3s Assistant City Manager Gene Beatty addressed the airport portion of the issue. A former 39 contract employee ,said that the item had been approved by the Airport Commission. Don ao Smith had indicated he had some concerns and so did the Commission. He looked through ai the minutes of the County Airport Land Use Conunission and did not find any reference to az this item. Page 444, Vol. 32 March 1, 1999 n The Council. had concerned about this, It was after 1,1:00 ,p::m. that the. Council discussed z this. Due to lateness of the hour, it was not brought up. There was. no attempt~to withhold 3 information. The hearing was closed, a Councilmember Jane.Hamilton -when the publiclooks at the project, they don't look at it in s a lineal phasing they look at the effects they have with ;the dFVelopment: Cross Creek has 6 more than its. reasonable share of such issues. It is my responsibility as a Councilmember to ~ bring it to resolution.. It has been -made clear to me we don'~~t have much choice. We still a need to resolve issues. Where do we have leverage on this. 9 Acting Planning Director Vin Smith. -the developer has worked to :make modifications to no address adjacent properties and I feel he will continue:to work on these issues, flood control nn improvements .were, not designed well, there is a short term. fix .now. Restoration iz improvements are being looked at. The Department of Fish and Game and the National n3 Fisheries will be brought into the- loop. The fish. habitat will be 'investigated. We want the na project to be a success story,..., Staff- will hold permits: until this has been resolved. In 6 - 8 is weeks staff will come back with.-policy objectives for Adobe Creek, comments on the- issues i6 with the ball fields. The staff suggestions for the ball'fields will be dealt with in that time, as n~ well. ns Councilmember 1Vlatt Iviaguire- location of the ball fields, failure of the by-pass and possible n9 failure of the wetlands need to be addressed: zo Councilmember Janice Cader-Thompson - is sorry these issues have arisen. She feels. `hog zn tied' and she feels the whole things is a shame. zz Councilmember -Michael Healy -This action is almost entirely by statute-.. There are some. z3 valid, outstanding concerns with respect to: ball .parks, flooding- "issues and -endangered za species. We will be revisiting, the ;location of the ballfield, the adequacy of the by-pass zs channel and'the.fish in Adobe Creek. z6 Vice Mayor David Keller -feels fiustrated by this sequence of events: He appreciates the z~ willingness.. of everyone to my to make this work. We need to clean up the process. We want za a.long term-solutign for this issue. z9 Councilmember Jane Hamilton - wants the Airport and lZecreation Commissions; to review so this and' to report to each other and back to ,the Council. Maybe we can :resolve.. it within our 3n own community . Wants to know about the FAA and the wetlands. 3z Ted Armstrong, Airport Manager - is not aware of the need to have the FAA report on the 33 CEQA issue of the wetlands. ~~ 3a City Manager Fred Stouder - we will clearly ask the FAA iq wn-iting on this issue 3s Councilmember .Jane ,Hamilton = we :need. fo. have Section 10 to be around the Adobe Creek 3s and aggressively communicate with other agencies:: 37 City Attorney Rudnansky said the CEQA approval was in 1996, .so if-the debate is whether or 3s not the- CEQA; process was. appropriate or complete has passed. The negative declaration of 39 environmental impact° .has `a 30 ;day window. and if there is failure to conduct .certain ao processes, the outside limit to appeal that is 180 days. an Vice-Mayor David.Keller asked that CEQA Section 15162 be reviewed March 1, 1999 Vo1.32, Page 445 1 It was moved. by Councilmember Matt Maguire and seconded by Councilmember Michael z I3ealy to reaffirm approval of the final map for Cross Creek 4. 3 Ayes: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, a Vice Mayor David Keller s Nces: None 6 Absent: Mayor E. Clark Thompson 7 AIDJOi11~T s At 11:35 p.m. the meeting was adjourned to March 8, 1999. 9 10 11 12 13 la ATTEST: is 16 17 is Patricia E. Bernard, City Clerk