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HomeMy WebLinkAboutCity Council Minutes 08/17/1998August 17, 1998 Vo1.3~ Page 187 i 'MINUTES ~ OF A REGUI.Alt MEETING 3 PETAI,UlVIA CITY COUNCIL. a MONIDAY, AUGUST 17, 1998 s ROLL CAI,I.3:00 p.m. 5 Present: Torliatt, Hamilton, Stompe*, Vice Mayor Maguire, Mayor Hilligoss ~ Absent: Keller, Read s *Councilmember Stompe arrived at 3:30 9 PUBLIC COMMENT io David Glass -the goal of the Council should be full disclosure. He would like the newspaper ii to discover and print facts on Rainier. He feels that more information needs to be made is available. 13 Vasco Brazil -the RCD started a study on Petaluma River Watershed. They piggy-backed is a grant for Fish and Watershed. This is a waste of taxpayers money. RCD paid somebody to is look at watershed:- Petaluma River is a tidal dead`-end slough. Steelhead and salmon have r6 never been actively spawning. in the river. The Department of Fish and Game doesn't have i~ records on this. The areas are too small and too dry. The -lack of stream flow and sand are is major contributors to tfie lack of spawning fish. They come here when they can't find their i9 way to the Sacramento River. Why spend a lot of money to put fish where they don't want so to be. zi Diane Reilly -went to a function on Sunday where; the Police did a good job with the public. ~z Their bilingual officers were a big .help. October is Crime Prevention Awareness Month. She 23 talked to Mike Cook about putting on a YWCA program in Petaluma on Domestic Violence. Za COUNCIL, COMMENT as PT asked the City Manager to look into the YWCA putting on such a program in Petaluma. 26 MINUTES a~ The minutes of the July 20 Regular meeting were approved as amended: as Page 133 -Councilwoman Stompe left at Midnight. z9 The minutes of the July 22 Special. meeting were approved as submitted. 3o The minutes of the July 27 Regular Adiour-ned meeting were approved as amended: 31 .Page 5, Line 27, Pamela Torliatt voted `no' at the Planning Comnssion meeting because the 32 idea was just presented at the Planning Commission that night. 33 The minutes of the August 3 Regular meeting were approved as amended: 34 Page 1, Line 12 -change `She' to "Diane Reilly" Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Dice Mayor Matt Maguire Page 188, Vol. 32 August 17, 1998. ~ CONSENT CALENDAR z The following items which are noncontroversial. and which have been reviewed by the City 3 Council and staff were enacted by one motion whlch.'was introduced by MS and seconded by a JH. s Ayes: Torliatt (PT), Hamilton (JII), Stompe (MS), Vice Mayor Maguire (MINI), Mayor 6 Hillgoss (PH) ~ Noes: None s Absent: Keller (DK), Read (NR) 9 RESO.98-168 NCS io CLAIMS AND' BILLS u Resolution 98-168 NCS approving Claims and Bills #75091 to ##75437. iz I2ES0.98-169 NCS 13 VINTAGE CHATEAU- SENIOR APARTMENTS is Resolution 98-169 NCS Authorizing the City Manage to Enter into an Agreement for is Affordability Restrictions and. Payment; In :Lieu of Taxes (P;IZ,OT) between the City of ~6 Petaluma and Vintage Gold Senior Apartments, L.P. (Vintape~ Chateau). This document i~ is a required condition prior to the issuance of building permits_~; 'Vintage Chateau is planned is for 240 low-income senior .apartments to be' constructed on North McDowell Bled. t9 immediately north of the Plaza North. Shopping Center. This development is eligible for Low zo Income: Housing. Tax Credits and tax exempt :financing. In March of this year the City zi Council approved. Resolution 98-42 NCS authorizing: issuance of tax exempt :bonds through a zz Joint Powers Agreement .with the Association. of $ay Area Governments. The "City's z3 conditions of approval require that 20% of the units remain affordable for` the litE of 'the za project; the:Low Income Housing Tax Credit Program requires°that 100% of the :units remain zs affordable for 30 years;. and the revenue bond issue requires that 40% of the units remain z6 affordable for the life of the bonds. z7 ItE50.98-170 NCS zs VINTAGE CI~ATEAiJ z9 .Resolution 98-1'70 NCS Authorizing City Manager to Sign Agreement to Pay SQ% of Cost 3o for a Landscaped Medan_Required by the City for "The Chateau. of Petaluma" (now Vintage 31 Chateau) at 333 N. McDowell Blvd. $10,000 has'been budgeted for-this item. The Council 3z directed that a cap be put on the City's share of the cost. 33 YtES®. 98-171 NCS 3a PG&E EASEMENT -, PRINCE PARK 3s Resolution 98-171 NCS Approving the Proposed PG&E Easemenf in Prince Park and 36 Authorizing Execution of the Easement Deed. The developers of Willow Glen subdivision 37 are relocating a 60kV power' pole which runs through the center of their' proposed 3s subdivision. Key to abbreviations;. JH-CouncilmemberJarie Hamilton; 1vR-Councilmember.NancyRead PH-Mayor M. Patrieia;Hilligoss, 11~IS-CouncilmemberMaryStompe DK-- Councilmember David Keller, PT-Councilmember Pamela Torliatt Miff i~iee Mayor Matt Maguire August 17, 1998 Vo1.31, Page 189 i Usually replacement poles are steel, the developers. have requested that they install one wood z pole at the northeast corner of the Willow Glen subdivision, adjacent to Prince Park. An 3 easement is necessary in order to place the guy wire and anchors proposed in addition to a a five foot easement along the western boundary of Prince park. s RESO.98-172 NCS 6 MOU -PUBLIC SAFETY MID MANAGEMENT UNIT 10 ~ Resolution 98-172 NCS Approving the Memorandum of Understanding Between the City of a Petaluma and the Public Safety Midmanagement Unit 10. On salary, there is no change in the 9 survey methods for determining this unit's compensation. Public Safety in Lieu io Compensation -this eliminates all special pays provided. to Public Safety for such items as ii SWAT Call out, work as a Watch Commander, and Battalion Chief back-fill. It is replaced iz with a single rate of 4% effective January, 1999. Vacation-payment of banked hours -this 13 provides a payment process for excess hours of accrued vacation over aten-year period. Pay is for unused Administrative Leave -Administrative Leave hours permitted for managers is remains unchanged at 80 hours but unused Leave will be paid out to a maximum of 40 hours i6 or the equivalent. Bilingual Pay -this provides $100' per month for those qualified as expert i~ Spanish speaking personnel. Vacation -accrual of vacation is capped at three times the is annual amount for Management. 19 ItESO.98-173 NCS zo COMPLETION LAIZEVILLE HIGHWAY WIDENING zi Resolution 98-173 NCS approving Completion of the Lakeville Highway Widening Project zz 9845. The Contractor was North Bay Construction. The final cost of construction was z3 $8,557,000, or $364,000 over the amount budgeted due to additional asphalt costs. za RESO.98-174 NCS zs FINAL MAP STONEItIDGE SUBDIVISION z6 Resolution 98-174 NCS Approving Final Map for Stoneridge Subdivision. Residential z~ Development of an Existing 11.02 .Acre Parcel into 19 Single-Family Residential Lots zs Located on the West Side of Siannyslope Road Between Suncrest Hill and Smith Drive. z9 ---End of Consent Calendar--- 3o BLIGHT 31 Report on Appraisal of City Ordinances Addressing Nuisances and Neighborhood Blight. 3z The Council received a copy of the Oakland property blight ordinance. City Manager 33 Stouder noted that the City has the teeth for enforcement but there is not currently a 34 comprehensive tracking of the nuisance issues. He suggested the monitoring system will be 3s tightened and a report will be prepared for the Council in 90 days. 36 Arnold Ostern also asked if the City would place signs at intersections telling drivers what the 37 amount of a ticket would be for running red lights. He wondered what happened to this 3s suggestion he made at an earlier Council meeting. PT suggested that with the nuisance 39 abatement the City look at having a " 3-strikes and you are out" clause. Then have the City ao crews do the clean-up and place the bill in the hands of the property owner. City Manager ai Stouder noted the City has this power now. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 190, Vol. 32 - August 17, 1998 i RESO. 98-T75 NCS z WASTEWATER II2RYGA'1'ION 3 Resolution 98-175 NCS Authorizing City Manager to .Execute Agreements for Agricultural a Use of Treated Wastewater. This includes .executing 4-year agreements with: the seven s landowners who are currently linked.. io the City's distribution system: Under this program, 6 the landowners will be directly responsible for irrigation of their own. lands. This represents ~ an annual savings of approximately $320,000 in comparison .to thee. 1'997 treated wastewater s irrigation program. This year's contracts will be executed with the following users: 9 Mr. Ralph Bettinelli, 4695 Old Adobe Road (current user) io Mr. and Mrs.. Rene Cardinaux, 4233 Browns Lane (current-user) i i Mr. Charles. Matteri, 409.1. Lakeville Highway (current user) iz Mr. Jim Mendoza, 601 State Gulch Road (current user) 13 Mr. Dan Slacc, 4247 Lakeville Highway (current user) is Mr. Frank. Teixeira, L03 5 State Gulch Road (current user) is Mrs. Susan Tunzi, 4497 Old Adobe Road (current user) i6 The speaker was .Rene Gardinaux. He noted. thins is for four years. The longer term contract i~ would offer more :incentive to the farmers to prepare their irrigation systems for a more is permanent use' as. it `is now .the farmers do not have any knowledge whether or not the City i9 will make the treated wastewater available to them after 4 years. That knowledge would' be zo very helpful for the farmers to make some.long term irrigation decisions. u He suggested the contract be rewritten. to allow for flexibility of water use'. among the zz contract farmers. Since the contracts are going into effect at sLYCh a late time in the growing z3 season, the figures agreed upon:for each rancher's use are lower than: they were last year (for za this year only). In the past; if one rancher could not take a certain planned amount, of treated zs wastewater, he would often 'share that amount of -water with: another user; and that. trade z6 worked well among the treated. wastewater° users.. The suggestion, again, "s that the new z~ contract reflect thati ability, too. zs There is an . inefficiency built into the system because you can't increase the capacity: They z9 could use more water. 3o City Manager Stouder said- these questions are critical to the future use of`this asset. 31 JH - we will have an .opportunity to ,discuss the long "term reuse plan: As~ a. Councilmember 3z she feels that agriculture is very important to the City of ]Petaluma and she would' be 33 interested in seeing this use continued into. the future; 34 There was some question about the calculations that were. before the City Couricil, which 3s staff cleared up. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read' PH:MayorM. Patricia Flilligoss; MS Councilmember Mary Stompe ~DK Councilmember David Keller, PT-Councilmember'Pamela Torli'dtt MINI-Vice Mayor Matt Maguire August 17; 1.99& Vo1.3A•, Page: 191 ~ City Engineer Hargis noted that the City does have limitations to the pumping of water .for z reclamation. They need to balance the reclamation needs with the need to keep the oxidation 3 system functioning. We can work out something that will reflect the exchange of water a between users. a Victor Chechanover - in looking into the question of cost ofreclamation of water since 1994, 6 the Budget Committee made recommendations about the money the City pays for ranchers to ~ use the water. He was advised the City pays for the electrical costs for the pumping. Who is s responsible for maintenance, he asked. He felt the rates were not reflecting similar charges 9 for each rancher; the rates are not equitable. io City Engineer Hargis noted that the rates for flatland pumping are the same as they are for ii hillside pumping, in the same way the rates are calculated in the City for drinking water. iz People on the hills are not charged more for the. cost of the electricity to pump water uphill 13 than are the folks living on the flatlands pay for water. Regarding electricity, much effort is is made to get the best electric rates possible. For the ensuing year, the staff has asked the is ranchers to provide documentation to the city on their costs to utilize this treated water. i6 Michael .Ban, Utility Engineer, noted that every rancher has agreed to do certain maintenance i~ on the system. Their maximum usage is spelled out in the contract. The ranchers are is charged for a certain amount of treated water, and if the City wishes them to take more than 19 that to assist. in maintaining the "no discharge" into the river situation, the ranchers are not zo charged for taking more water than has been contracted for. This, however, would be an zi unusual event staff said. zz Vasco Brazil -congratulated staff-for the smoke and mirrors contract. He talked about some z3 check dams that topped over and the pumps were not functioning properly. Mr. Brazil was za going to assist Mr: Craig.. Jacobsen with the use of treated wastewater thi's year, however the zs problems with bringing him on line this late in the season has caused that proposed use to z6 cease. Mr. Brazil was quite unhappy about that situation and he blamed staff. z~ City Engineer Hargis- noted that there were two possible ways for Mr. Jacobsen to obtain the zs water, one was to pipe down Lakeville Highway grid the other was to use Mr. Brazil's land. z9 The City did. not want to interfere with the negotiations that were necessary in this proposal 3o and removed'itself from being a third party in the negotiations. 31 MM asked if the contract reflects ranchers' maintenance of the equipment. PT felt the City 3z should be inspecting the system at the beginning of the imgation year to make sure the 33 equipment is in proper working order to receive water. He questioned the figures that were 3a presented to the Council. Staff noted the tables need to be revised. 3s MS was in favor of. amending the contract to reflect the .sharing of water among ranchers and 3s the maintenance of the equipment. PT wanted to know exactly what each rancher's 37 infrastructure are going to be and what they are going to do in years 5 through 10. She 3s cannot support the contract at this time because of that missing information link. 39 City Manger Stouder noted the stars understanding is the Council settled on and directed ao staff on a four year contract, and that is what staff has brought back for their consideration. ai The message was that the Council clearly did not want a long term commitment until later in az the new sewer plant planning picture. PT then said she has no problem with a four year a3 contract. MM supports this because it is four years and that is what we negotiated for. JH as felt this is fair. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS Councilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-I~iceMayor Matt Maguire Page 192, Vol. 32 August 17, 1998 i Lucy Mendoza reminded the Council that the maximum entitlements related to the lateness of z the season and that is why this .year's entitlements :are different from previous and from s subsequent years. Mr. Mendoza said they are going to have to work very hard' to use that a maximum amount of treated water. He asked what the City- is' going to do with its system s which is archaic. We ranchers. need an indication from you,. the City, whether or not you are s going to make this asset: available in the future: Thatwill affect our infrastructure decisions. ~ If you indicate•you are: going to'stay with us we will do one thin,,; otherwise. we wi1T save the e money. 9 7H noted in September the City will be getting. into'the conversations: on this very' subject. io Mr. Mendoza responded that after that, the ranchers can give thin Council theranswers. ii Resolution 98-175 NCS was introduced by NIS and seconded by MM. rz Ayes:- Hamilton, Stomper Vice Mayor Ivlaguire, Mayor Hlligoss t3 Nces: Torliatt is ~ Absent: Keller, Read is IiE50.98-176 NCS i6 4TH OTR. TItEASIJItElt'S`REPOItT i~ Resolution 98-176 NCS receive and file the: fourth quarter Treasurer's Report. There was a is brief time when both ~MS and JH were: out: of the room.leaving, the Council without. a quorum. i9 Finance Director Spilman asked if there any Council questions. There were no questions.. zo Introduced by MM' and' seconded by JH. . 2t Ayes: Torliatt, Hamilton, Vice Mayor Maguire;.,Mayor Hlligoss 2z Noes: None 23 Absents Keller, Read, Stompe sa G1~F'FITIItEMOVAL zs This 'was a report, discussion and request, for possible action regarding Grafffi .Removal zs Program Alternatives. Recreation Director .Jim Carr reviewed the current `tagging' situation z~ and showed. the. City Council some photographs. of recent `tagging' (gang related markings Zs painted on places) or `graffiti' .(thee other;sorts ofpainting on places). The Council was~told'it 2v has become a real prohlem'in the. comtriunity. It is the hope that a program can be developed 3o whereby this type of vandalism can be painted over within 24 hours. 'The reality of the 31 situation now is that it is taking up to 8 days to :accomplish the graffiti clean-up. It is costing 3z $10,000 per year now for graffiti removal and causes other projects to be postponed while 33 the clean-up is accomplished, 3a Mr. Carr has received information from other cities: regarding their strategies. for dealing with 3s tagging and graffiti., They are looking to create a fund to help carry the cost. of this damaging 36 activity. The McDowell Drug Task Force: is no longer offering, help. in this regard. NIS 37 returned. to 'the Council Chambers.. He would like to see the Municipal Code amended to 3s require 24 hour `paint over' or removal of the. graffiti on private property. If that does not 39 occur, then. the City' could remove the evidence and bill; the property owner. Also it was ao suggested. that anyone under. age caught doing tagging or applying graffiti to have their ai driver's license suspended-until theyreach the age of 21. ~~~'#~ Key to .abbreviations. JH-Couneilmember Jane Hamilton, NR-Coun;cilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Gounclmember Mary Stompe DK- Councilmember David Keller, PT=Coura:ilmember Pamela Torliatt MM-Viee.Mayor Matt Maguire August 17, 1998 Vo1.32, Page 193 i He suggested the City,develop a "hot line" for citizens to call into the Recreation Department z to leave messages about. such property vandalism. Also, the Police .need to be told if 3 someone is seen defacing property. There should be a community-wide campaign. The staff a will be working with the business community to ask for a used truck which would be stocked s with appropriate materials to be used to remove the property defacing. The City will provide 6 a staff person to accomplish the task. It is hoped a person could be on duty 30 to 40 hours a ~ week to go through the City to clean up the tagging and graffiti. The Chamber of Commerce s and the Downtown Association are ready to assist. Grants will be sought. The City's Police 9 Academy and the Neighborhood Watch groups could also be of assistance. to MM -these are good recommendations. People who feel powerless join gangs. He doesn't i i know how to resolve the underlying problem, so this is the next best thing. A cooperative iz venture will ,.make or break this. He asked staff if there was someplace that people who t3 wished to do tagging could do it legally. is Recreation Director Jim Carr said there is the possibility of putting up a wall at the is skateboard park that could be used. Every so many days it would be cleaned off by some i6 youth and the tagging could begin on that wall again. i~ It could be cleaned up after school hours under supervision. Mr. Carr will do research to find is out whether or not the school has .such a program. i9 City Attorney Rudnansky said there is State Law which places the parents responsibility up to zo $10,000 for graffiti damage. zt zz 23 The Council agreed that staff should pursue such a program with a used truck, one staff person assigned to the task (using volunteers if at all possible) and asking the community for assistance in this regard. 24 COUNCIL POLICIES ANI2 PROCEIDUI2ES zs MS would- like the Council to consider starting meetings at 7:00 p.m. and continue their z6 meeting process until the wee hours of the morning like other cities do. The Council made z~ no commitment and said they would be willing to look at the question. PT suggested there za be a meeting every Monday, but that has pretty much been the case for the last few months. z9 City Manager Stouder suggested that meeting every Monday makes it difficult for staff to 3o accomplish their tasks in an efficient manner. It takes three days of staff work to prepare for 31 the Council. meetings. Meeting only in the evenings would cause it to spread the meeting 3z items farther. PT said she would be willing to meet from 7 to 11 p.m.. 33 CLOSET) SESSION 3'a The Council recessed to Closed .Session at 5:30 to discuss: 35 -CONFERENCE WITH LEGAL COUNSEL -EXISTING LTTIGATION 36 .Pursuant to Government Code §54956.9 37 Katen vs. City of Petaluma 3s Sonoma County Superior Court Case No. 217096 39 -CONFERENCE WITH REAL PROPERTY NEGOTIATOR ao Pursuant to Govemment Code §54956.8 ai Property: 19 Rocca Drive, 43 Rocca Drive a2 Negotiating Parties: Hargis a3 Under Negotiation: Price, Terms of Payment of Both Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatriciaHilligoss, MS-Councilmember MaryStompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire Page 194, Vol. 32 August 17, 1998 1 -CONFERENCE WITH LEGAL COUNSEL -EXIS'T'ING LITIGATION 2 Pursuant to Government Code Section 54956.9 3 TLC Litigation a CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION s Subdivision (a) of Government Code §54956.9, Press Democrat vs. City of Petaluma 6 Sonoma County Superior. Court Case No. 217998 ~ ADJOURN s The Council adjourned to dinner at Westside Cafe. 9 RECONVENE 7:00 p.m. io Present:, Torliatt (PT), Hamilton. {JIB, Read (NR)* Stompe (MS), Vice Mayor Maguire i i (Iv1IvI), Mayor Hilligoss (PH) tz Absent: Keller (I)K) *Read arrived at 7:15 is PLEIDGE OF ALLEGIANCE is Robert Maser led the Pledge of Allegiance to the flag. is MOMENT OF SILENCE. i6 PUBLIC COMMENT' t7 Robert Maser speaking for the Neighbors for a Better Petaluma noted they are -going to have to a meeting on .August 25 (a Planning Commission night) at Hermansons Hall fora "Get to tv Know the Candidate Night." He hopes the Payran and Linda del Mar people-.can. come to zo that. event, zt Harvey Goldberg, P O Box 940 Penngrove and owner of property along'the river outside of zz the City Limits and more. or less across the river from. the'. entrance. into the Petaluma Marina. z3 He said somebody told. him they would fix his levee and. that has not occurred, although the, za levee across fhe river has received rip-rap. He says there'is a document ofthe Bureau of~Land zs Management document that covers. the land between Petaluma and Novato which ays it is z6 swamp land from an 1850 Act of Congress and as a result nobody has jurisdiction over that z~ area. MS asked if staff could. follow .up on the Levee issue. JH there -are- supposed to be some zs signs posted about boat speed. She wants°them put up. z9 COJNCII., C®MMENT so JH -When will Rainier come before the Council.. City 1V1anager Stouder -the evening of 3i September 8. JH -when we discuss the Rainier issue, she also wants to discuss the issue of 3z East Washington/IvtcDowell intersection. People seem to feel that these. items should be on a3 the same page. sa NR arrived. Key to abbreviations: JH Councilmember Jane Hamilton, NR-Coui:cilmember 1Vancy Read PN--Mayor M: Patricia, Flilligoss, MS-Couicilmember Mary. Stompe DK Councilmember David Keller; PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire August 17, 1998 Vo1.3~ Page 195 1 RESO.98-1:77 NCS z NTO'T'EL 6 APPEAL AWNING 3 Resolution 98-177 NCS denying the Motel 6 appeal and encouraging. Motel 6 to make a a resubmittal of the project to SPARC. The Council considered an appeal by Motel 6 of the s Site Plan and Architectural Review Committee's denial of a proposal to install a plastic 6 awning at Motel 6, 1368 North McDowell Boulevard. APN 137-011-015. Planning Director ~ Tuft said that Motel 6 .has submitted a design fora `double facet awning' over the entry of s .the existing building. The Site Design and Architectural Review Committee (SPARC) denied 9 approval of the awning due to its conflict with existing architectural style of the building. io SPARC determined that the location was not sufficiently integrated into the building ii architecture; the material was non-complimentary and inappropriate; and the `Welcome' tz words on the awning qualified as signs, the square footage of which would be counted 13 towards and would exceed that permitted by the Sign Ordinance. Mr. Robert Rogers of is Crocket, California, .spoke on behalf,of the motel company. The City Councilmembers were is in agreement to deny the appeal and recommend Motel 6 resubmit the application, preferably i6 for a fabric awning that is of sufficient size to give the proposed Motel 6 patrons some i~ protection from the weather elements. The Council directed staff that if there were any funds is left from: the appeal notice to use the extra -money from Mote16 towards the resubmittal cost. 19 It was moved by PT and. seconded by. J>=I io deny the appeal and encourage Motel 6 to so resubmit.. their application to SPARC for a fabric awning that would provide some weather zi protection for their patrons. 22 Ayes: Torliatt (PT), Hamilton (JH), Stompe (MS), Vice Mayor Maguire (NIIVI), Mayor 23 Hilligoss (PH) za Nces: None. 2s Absent: Keller (DK) z6 RESO.98-178, 179 NCS 27 167 EIDTTH STREET -PEP PROJEC'T' zs Resolution 98-178 NCS adopting a Mitigated Negative Declaration of environmental impact 29 pursuant to the California Environmental Quality Act (CEQA) for a General Plan Land Use 3o Map amendment from Urban Standard to Urban High and rezoning of property at 167 Edith 31 Street from. R1-6,500 to Planned Unit District for 23 units of senior housing to be 3z constructed by Petaluma;Ecumenical Projects (PEP). Concern has been expressed about the 33 flooding that occurred on Edith Street this year. Staff and PEP advised that there will be a 3a 15 inch storm drain. installed in the right-of--way to handle the street flooding up to a 3s "statistical 25 year storm event." On site, the lawn area has been designed to detain storm 36 water. The .design for that storm water detention area includes a method for releasing the 37 detained water automatically, but at a slow rate after the storm peak has passed. Pumps will 3s be used to .drain the storm water pipes for vector control. The description of "statistical 39 storm events" was related to the audience. A 25 year statistical event fills the street with rain ao water. A 100 year statistical event goes from door step to door step. ai John FitzGerald, Civil Engineer for the project -answered the Council's questions about the a2 storm water detention. 43 Additionally, the debris box utilized by the Kwei Bin restaurant will have a "new home" in a as spot to be constructed for that purpose. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatriciaHilligoss, MS-Councilmember MaryStompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire Page 196, Vol. 32 August 17, 1998 i David Gouin, President of PEP, said they are doing their best to blend into the.neighborhood z NR -how many prequalified seniors are there for these :PEP projects? The answer was over ~ 300 people are on the waiting list. As.peoples' names'move higher on the waitinglist a more a comprehensive screening program is.initiated by PEF. s PT -this 'is a high .density housing project. We need'to be going up 2 to 3 stories to be sure 6 higher density residentiaiunits:are developed. ~ Jei~ Asher, 1`55 Edith Street -has no problem with low income and the dumpster issue has s been addressed. He would like to see more done with the drainage: In 1982 the water was 9 up 12 inches into. the carport. He would. like to see a smaller type of village aspect here. io Lets try to keep this within the' bounds of the neighborhood. design and this project is really i i ~ infringing on. this neighborhood. It infringes on privacy. ,Take; the 'neighborhood" input into iz consideration. You know, there was 'a death. at Edith Street and East Washington just two 13 weeks ago. is Julie English, 149 Edith, Street -thank -you for listening to our cgncerns. She .lives two doors is down from the project: There was''no discussion at ,the Planning Commission about the g ry i~ to be so easy tohcome by, tlu's~couBd very well. be a probember ballot and rezoning appearing lem. At what point does this sort. of is development stop? What I would like to see is that you come to a- consensus keeping i9 architectural integrity in mind. We have lost a bit of that over trle last five years. zo The project should. have been. scaled down and .not been, a two story unite. She; is 'also zi concerned about the proximity to the river and the flooding. A not of us have sump pumps. zz KirbyOvercash, 1 l0. Edith Street -expressed the same concerns astabove: He noted several z3 portions of the curb are. broken and he thought they were going to be .repaired. He asked za who is going to manage the water flow from the holding pond. zs City Engineer Hargis said there will be-an improvement to the storm drainage capability'in the z6 neighborhood. He suggested. there be a "meeting with the"neight~orhood and with PEP and. go z~ through how the storm water storage areas work. zs Dick. Lieb suggested .that a drop inlet in nud-block would assist to drain"the street between z9 Madison and Washington. 3o John FitzGerald, .CviL.Engineer -noted that according.. to the Sonoma County Water Agency 31 standards, a F0 year storm, is one where the water stays in the pipe and can. go only 4 inches 3z into the curb. A ten year storm fails the, criteria now. We .have a 3".3 cubic foot per second 33 flow now. A 15 inch pipe'is the minimum -size for this. "For l:he City this is oversize. The as pond is designed to meter out water at a certain rate. 3s MM -please" see that the neighborhood obtains a copy of that report. 36 Planning.Director Tuft said there will be no off site :improvements to such things as curbs. Key to abbreviations: JH-Councilmember Jane Hamilton, IVR=Councilmember Nancy Read PH MayorlGl. Patricia Hilligoss, MS Couraeilmember-MaryStompe DK- CouncilmemberDayid"Keller,. PT-CouncilmemberPamela Torliatt M11>f--Vice Mayor Matt Maguire August 17, 1998 Vo1.3~ Page 197 t JH -ask SPARC to pay attention to a very. effective buffer design for this. z All agenda items for the PEP project located at 167 Edith Street were acted upon with one 3 motion by PT and seconded by MS': . s Resolution 98-178 NCS Approving a neitigated negative declaration of 6 environmental impact for the PEP project at 167 Edith Street. s Resolution 98-179 NCS Amending the General Plan band Use Map to Designate 9 the PEP project at 167 Edith Street to Urban High. io ti Introduce ®rdinance 2076 NCS Rezoning the PEP project site at 167 Edith tz Street from R-1:6,500 to Planned Unit Development 13 Ayes: Torliatt (PT), Hamilton (JH), Stompe (MS), Vice Mayor Maguire (MINI), Mayor is Hilligoss (PH) is Noes: None i6 Absent: Keller (DK) t~ FL®OD DESIGN PR®JEC'I' - PA~'RAN AREA is On the agenda, the item was described as follows: Discussion and Review of U.S. Army 19 Corps Trapezoid Design Flood Control Project, Flood Wall Design and Cost Estimate, and zo Home Acquisition Alternative. zi City Engineer Hargis noted the staff did extensive mailing to the neighborhood in the Payran zz area. Offers have been made on eleven properties. The city is still looking at doing one z3 railroad bridge this year and one railroad bridge next year. za On home relocation staff has met with the neighbors and passed out a questionnaire asking zs about the interest in home relocation alternatives. Of 16 responses, 13 said `yes,' 2 said `no,' z6 and one was undecided. There are 7 who have not responded. When asked if anyone had z~ approached the Open. Space District about purchasing these properties, Mr. Hargis said no zs one has done that. PT said maybe some of the neighbors could help to make some contact z9 with the owners from whom there has been no response. 3o Mr. Hargis said the cost for acquisition has been approximated at $5.25 Million. Where we 3t thought the flood all was going to cost $3 Million, the Corps is now looking at the cost to go 3z up to $6 Million or $7 Million. The home relocation alternative would take homes from Jess 33 Street and Rocca Drive, and there would still be a flood wall on the other side of the river. 3a Jeff Chatfield of the Army Corps of Engineers said that in Phase 1, the U-Shape Channel .has 3s 90% of the sheet piles in the western side of the river and they are nearly in on the east side. 36 It appears that will be done in October. There are no issues there. 37 The remaining issue is determination of the preferred of the three alternative flood wall 3e designs. The earthen berm was considered early in the design process and was dropped due 39 to the `cost-benefit ratio.' Earthen berms are more costly, because of their wider footprint, ao than the footprint the wall. would have, and they vastly multiply the real estate acquisition ai cost. Attempting to go to a major deviation now would slow the project; and it is not az recommended by the engineering staff of the Corps. He noted the cost-benefit ratio needs to 43 be 1.0 or greater. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS' Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 198, Vo1.:32 August 17,1998 r The formula for the cost benefit ratio used by the Army Corps .follows; z B_ enefits due to reduced, damage 3 Cost on an .annualized basis a The current project has a cost benefit ratio of nearly 1. s PT asked for a copy of Plan 2C. Mr. Hargis will provide the City Council with a copy. 6 Flood Wall Alternatives: ~ Alternative 1 -Sheet -pile (tong ribbon of steel) interlocked one: to another and s covered. on the landside with,a 4 inch (hick -piece of sheet-like cement which is 'formed 9 so it has a conforming long- and tall flat .side;: a section that is right angled to' the part. ro that crosses the top of the .sheet piling, then another right angled :piece -that forms a rr hook of sorts over the top and on the. river side, somewhat similar to the Crreek rz capital "G"' or Gamma - "," r3 Alternative :2 a Concrete Pilings with a bentonite cal. (Bentorrite is a clay-like ra material which which.:has the ability to swell in water.) This is a firll concrete wall u which could be textured: It is a little more expensive than Alternate 1. r6 Alternative 3 -Concrete, which is more expensive, yet. rT Ways to reduce the cost: ra Alternate 1, where the concrete hangs from, the top cif the sheet ,piling. there ,is a i9 problem~of breakage. The sheet pilings could be covered, instead; with wood fencing, zo rather than the cement shield. zr These walls would replace the. back yard .fences.. A vibratory hammer, wtuch ,is the, .lowest. zz impact manner of pile driving would be used. Tt creates less noise than an impact hammer z3 does. za Vince. Landof, 12 Cordelia -Drive -the people are leaning towards a flood wall: 'We would zs like Number 1 of the first 3 options rather. than the buy-out. He and John Cheney drove z6 around town and found there are a lot of major projects and 3 :new warehouses near Corona z~ Road.. This is ;going to shed. a 19t of water down stream, If a, t~uilding goes .in down stream, zs it will cause problems upstream. We are concerned about getting the show on the :road. z9 Jim Daly -came to let `.you people. know how .nice it is to let us come before .you and vent 30 our frustrations." Being. ,at 17 Cordelia, we were evacuated 3 times.. Regarding home 3r relocation, it 'looks great on paper; but ,you are looking; at 2 to 3 years: One other issue; he 3z put his house on the market and. he had. to disclose 5 pages of information just because we are 33 in a flood. plain.. He doesn't think it is fair. He has done a lot. to his ,home to rllake it look sa nice. The buyers want:to bargain. Key to abbreviations: JH-Councilmember Jane,Hamilton; IVR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, !l>1$-Couneilmember Mary Stompe DK- Couneilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire August 17, 1998 Vo1.3 ~, Page 199 i Maurice 1Vlathesen - there's a whole lot of dirt out there. He thought that was in a "zero - z net-fill" area. This sucker is right in the middle of it. Parking lots aren't going to help the 3 #@^* ! problem any. a MM -would like staff to verify whatever is going on, is that in a `zero-net-fill' area? The s Council assured Mr. Mathesen he would be advised what is going on. s Jeff Cartwright -quit looking for money, .let's get on with it. ~ John Cheney - I want to stand up here and look at the Council and say there was a project to a move people in 1984. We can't go through. another wait. Build the wall as quickly as 9 possible, please. There is construction in Redwood Business Park, Victory Chevrolet is io going into the Auto Mall and more being built on Corona Road. This is ridiculous. Turtle u Creek. project will dump in front of Payran. Now, we don't have money to get soot out of iz the river. He has been evacuated and it is pretty miserable. "Zero-net-fill" didn't work. Cars 13 went under, the factory outlet went under. The City has just left Rocca Drive down there is with the shaft. Help us. What are we doing wrong. You aren't stopping the work until our is project is done. Sixteen years is too long. You should have condemned these places long i6 ago. We are tired. Our homes are the only castle we have. I'm tired of talking and have i~ nobody listen. is PT -the fill on the Holmberg site was allowed because it is not in the `zero-net-fill' area. We 19 need to increase the `zero-net-fill' area. zo ,MM -agrees and wants a report on`the existing `zero-net-fill' area. zi JH -agrees that the buyout of homes should have been done years ago. Now land and zz money are short. z3 PT -asked if the staff is looking at a three year period for home relocation. City Engineer za Hargis said that it is the environmental ..approvals that will take a lot of time. Beyond zs environmental approvals,. it will take a year and a half. City Manager Stouder said the time z6 issue is the construction improvement. z~ MM -mentioned he would like to see the berm project move ahead with a coinciding drop in za the cost-benefit ratio, but there are still 7 people who haven't responded and it appears we z9 aren't going to get substantial agreement. It is too late to change, at this point. 3o City Engineer Hargis noted ,;staff is continuing to work on the trapezoidal channel design. 31 City Manager Stouder noted that-staff can return to the neighborhood with a discussion of 3z where we are now or, staff can come. back to the Council and make a decision. We are going 33 to Phase 2 as planned in the original concept. sa NIM - it might be appropriate to have one more neighborhood meeting. NR -would 3s appreciate this coming back to the Council for action on the Consent Calendar verifying that 36 the Council wishes to have the sheet piling with a wood facing on the land side of the river. 37 PT -asked to hear from the Army Corps that the job is on time. 3s Jeff Chatfield of the Army Corps of Engineers said the current schedule calls for complete 39 design early in September. If we are looking at approving the design at the September 8 ao meeting, that will. keep the project schedule on time. City Manager Stouder suggested ai having a meeting Wednesday, September 2 or Wednesday, September 9. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. PatriciaHilligoss, MS-Councilmember MaryStompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-~ce Mayor Matt Maguire Page 200, Vo1..32 August 17, 1998 i City Engineer Hargis` recommended a .sheet pile wall' with a redwood frame. MM -taus is an z urgent item and he would just gas soon make a motion;to put this on the,agenda. tonight as an 3 urgent measure: It was moved by 1VIM and seconded by MS to place this item on the agenda a tonight because we need to take immediate action and.. this need for action came to the s attention of the Council. after the agenda was. posted.: 6 Ayes:. Torliatt (PT), .Hamilton (JH),; Stompe (MS), Vice Ivdayor Maguire (MM), Mayor ~ Hilligoss (PH) s Noes: None 9 Absent: Keller (DK) io It -was moved by 1VIM and seconded byMS to give staff direction to place this on the Consent ~ i Calendar for the September 8 ,meeting. for the Council to approve asheet -pile flood wall with iz a redwood facing. bn the landside of the river in the Payran area. 13 Ayes:' Torliatt (PT), Hamilton (JH), Stompe (MS), Vice N.iayor Maguire (NIlvI); Mayor is Hilligoss (PH) i s Noes: None 16 Absent: Keller (DK) is PE~'AI,ZJIVIA COMMUNITY ACCESS - CA~I:,E ~'V is The City Council had a discussion regarding the City and the. Petaluma Community Access 19 Cable Television (PCA). Relationship, its funding, and; pr..eparation of .a Five 'Year Plan. zo Assistant City Manager Gene Beatty noted the City currently does .riot directly' fund PCA zi with any hard cash. Petaluma 'has provided money to liuild a facility at Casa Grande High zz School. There.is a `voluntary,' S0¢' that the users of cable, televi ion pay monthly, towards the z3 cost. of operating the,local access system. This generates $96;000 per-year. PCA operates as za a single,, separate entityandis not operatingunder direction of,the City of Petaluma. There is zs a questton as to whether or not the `voluntary SU¢' can, be raised without a vote of'the z6 people.. -wants the-City attorney's opinion on that. z~ Gene Beatty said these is a possibility that the cable company, which is now TCI, may `be ze bought by_ AT&T.. NR noted -that when the local access organization was organized; it was z9 set up to keep PCA at 'arms length. At the start of the local access :process; there, was' a so board of directors who became the PCA.. Until recently theyhad, an, executive director, who 31 has. since moved. on. Shc said she would have trouble with the City becoming a funding arm 3z of the PCA, The goal was to have them be so independent that could.;+make it on.theirown: 33 Gene Hamm described himself as a, professional animator. He read a letter to the "Council 3a indicating that someone should spend some time investigating the books of the PCA which 3s began with $790,000, :from TCI, which was to be spread over Xhree years. In the, beginning,. 36 most of the people who wanted. to be on the PCA. Board did. sa because they wanted to 37 .contribute something to the community. Two others Mr. Hannm and 'a Mr. Tuohy, wanted 3a to keep track' of where the $79:0,000 went: so that. it~wasn't wasted. Mr: Hamm suggested 39 again that it would be a good ;idea to audit their expenses: He 'feels that the equipment ao expenditures went. to pay `top dollar.' for everything without the benefit. of bids. Using an at example, he said they paid $3,700 a piece fore 4 Amiga computeirs. Key to abbrevationsr JH-Councilmember Jane Hamilton,. NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-CouncilmemberMaryStompe DK- Councilmember David,Keller, PT-Councilmember Pamela. Torliatt M11I T~iceMayorMattMaguire August 17, 1998 Vo1.37., Page 201 n On the other hand, Mr. Hamm said these could be purchased through the school with at least z a 20% discount, and, the year the PCA bought -these computers, the manufacturer was 3 unloading them at `incredible discounts:' Mr. Hamm said he bought some for $10/each at a the time they were purchased by the PCA. s Another issue he expressed concern about was the music played. over the cable access 6 channel is covered by ASCAP, and there is a good chance there may be some problem with ~ copyright laws and royalty laws. Someone may be holding the bag for these costs. lie a questioned the number of viewers. there programs are. Any requests for additional money for 9 PCA should be placed on the ballot for the voters to make a selection. Perhaps the PCA no could have an air pledge drive like the other public broadcasting companies do. ii Victor Chechanover - is happy with PCA. It gives people an opportunity to keep abreast of iz what is happening in Petaluma. He would be willing to pay more to support it. 13 MM - a pledge drive is a very tedious event. This is a huge public benefit. Perhaps we could is create a cable company transfer surcharge that would help their revenue stream. Also a new ns users' connection fee. It is time to look at the 50¢ fee to see if we can increase it. i6 Wayne Morganthaler -passed out the annual reports from last year. Throughout the country i~ most of the public facilities are funded in only one way -directly from cable companies or is from a city by virtue of the franchise fee. 19 NR -noted the fee schedule used by Petaluma was gathered from the State of Kansas. Santa zo Rosa provides 2% of their franchise fee to the cable access group. The equipment listed is zi not what we bought. We don't have staff to manage the process at this time. zz Don Armstrong of Cinnabar School is on the PCA Board - He spoke in support of PCA. z3 This should go into classrooms. We are putting everything together with smoke and mirrors. za HCZ has a group on youth;. this could be videoed and sent to the community. The PCA has zs 2.5 staffers and lots of interns. They are looking for part of the franchise fee. z6 Phillip Coplin, a producer at PCA - he went through intensive training with PCA. What it is z~' taking right now to maintain themselves are a lot of small expenditures such as wire za connectors, plugs, and the like, some of which he has paid for from his own pocket. This is a z9 highly technical field and volunteers come and they go. 3o NR -would like to hear more from the City Manager after their meeting with the cable 31 consultant on Tuesday. MS -supports public access but has a problem with increasing the 3z cable access fee. She would support a very modest increase to 75¢. Her concern is the city 33 being a funding mechanism for this organization. It is important there be other partnerships 3a with other groups in the community. She wants to make sure we are in compliance with 35 Proposition 218 and the fee increase. She would not support a new user connection tax to 36 subscribers.. 37 7H -wants information back about raising the fee. She doesn't want to see PCA have 3a advertisers. She also doesn't want PCA to use time to raise money. 39 PT -our regional goal is to educate the public more. She wants to see PCA look at the next ao five to 'ten years needs for equipment. Look at preparation of one of those plans and work ai with PCA in doing that. She wants to make sure that we know where the money is going to az be spent for PCA. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM Patricia Hilligoss, MS-Councilmember Mary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM--Vice Mayor Matt Maguire Page 202, Vol. 32 August 17, 1998 1 PT -This is a good time to negotiate on a new franchise with AT&T. 'The 'City of :Santa 2 Rosa. is doing amazing-things with their programs, We should all get together to work to 3 leverage the amount of money they can receiue. The City should have a copy of the PCA's a audit. s Mr. Hamm -does all of this assure that good bids. were process~;d for all purchases? 6 Mr. Beatty said the. City vyill be happy to provide any information that we have,. and we will 7 work with the Proposition 218 information' and bring back answers to that, s ADJ®UItN 9 At 10:45 p.m. the meeting was adjourned to 11 - 12 13 la atri is Hillig s, May r is ATTEST:. 16 17 18 19 Patricia E. Bernard, City Clerk Key to abbreviations. JH-Councilmember Jane. Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia 1Yilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire