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HomeMy WebLinkAboutMinutes 06/15/19982 3 4 5 6 7 ~ June 15, 1998 OF A R~tpZJI,t~It 1V~E~'ING PETALUIVIA CITX COUNCII. IVIOIVDAY, .T[TNE 15, 1998 Vo1.321, Page ~ ~~ 120I,I. CALL 3:00 p.m. Present: Keller, Torliatt, Hamilton, Read, Stompe, Vice IVlayor Maguire, Mayor Hilligoss Absent: None 9 Mayor Hilligoss read a Proclamation on Hire a Youth Week. Megan and Christina were present 10 to accept the Proclamation. The Hire a Youth Program was prev~ously during the summer only. 11 This has expanded to a full year program 12 13 14 There was no one wishing to speak. 15 PiJBI~IC COMMENT COUNCII. COIVIMENT 16 Ii'IIi~: Would like the Council to support Senate Bill 533 a bill that would make the states 17 portion of the funding for the Headwaters deal contingent on something resembling a 18 sustainable logging plan for the other 52,000 acres of old growth redwoods that are not 19 included in the Headwaters deal as it is cunently proposed. 20 1rTR: Would like placed on a future agenda for discussion, the Open Space District meeting 21 that was held on 7une 11 regarding 11201VIagnolia Avenue, along with information that was 22 received tonight regarding Open Space funding on the Magnolia site. She also attended the 23 new Joint Rail Planrung meetmg between Mann and Sonoma (5MART Sonoma Marin Area 24 Rail Transit Planning). She would like this to be agendized for discussion. There is a 25 question regarding identifying the rail location stops witlun the City of Petaluma. 26 PT: Concurs with agendizing 1120 Magnolia Avenue. She would like the Park and 27 Recreation Commission to receive the new information that Council just received, discuss it 28 at their ne~ meeting and give Council their recommendation. (this was added to the Parks & 29 Recreation Commission agenda for 7une 17.) 30 Council received a letter from Gary Buffo regarding 1221 B Petaluma Boulevard North, 31 regarding problems this individual is having with the Building I~epartment. She would like a 32 copy of the response to his letter. 33 She would like the Council provided with more information regarding the structure of the 34 Petaluma Community Access and how its relationship to the city works. Including how the 35 PCA is funded and what funds go into our General Fund, developing a five (5) year plan for 36 their center, as well as upgrading the presentation of the City Council meetings. 37 38 I9IZ: Regarding 1120 Magnolia Avenue and the Open Space meeting from last Thursday, ~ 39 had requested that this be added to the agenda for brief consideration. In what format will 40 this Council respond to the request for information from the Open Space District. Are we 41 entitled to send a letter of recommendation if it is the pleasure of the Council? 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 11~I-IJice Mayor Matt Maguire Page ~30, Vol. 32 June 15, 1998 1 J~: Add this issue to the 7une 22 meeting with a 30 minute time lirnit starting at 6:30 p.m.. 2 1VI~ attended the Petaluma High School Crraduation Ceremony Saturday morrung. She attended 3 the Court of Honor Sunday when Jake Rodkin and Tom Anderson became Eagle Scouts. 4 1VIINU.TES 5 The rrunutes of the 7une 1,. 1998, meeting were approved as amended: 6 Page 418, Line 34/35 Nancy Read did attend the Closed Session. 7 Page 420, Line 18, Nancy Read was absent. 8 Page 421, ~,ine 34 correct spelling of Rocowitz to Rockowitz 9 Page 424, Line 1, P~' would like the State and CALPERS to voluntarily divest itself from 0 investments. She also requested a letter be sent to the State and CALPERS regarding that. COlVSENT' CAI,ENIDAI2 2 The following items which are noncontroversial and which have b~en reviewed by the City 3 Council and staff were enacted by one motion which was introduced by NR and seconded by 4 MM. 5 AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 6 NOES: None 7 ABSENT: None 8 ~SO. 98-117 NCS 9 CILAIlVIS ANI) BII.I.S 0 Resolution 98-117 NCS approving Claims and Bills #73666 to #74001. STATUS - FIRE DEP7C. EXPLOI~ER PItOGI~1IVI 2 Fire Chief Terry Krout advised the Council that the efforts to develop an Explorer Program 3 through the Boy Scouts of America has reached a point where there appears to be an inability 4 of the i,ocal 1415 to find qualified individuals with the commitm.ent to fulfill the level of 5 advisor as required by the Boy Scouts of America. 'I'hey are investigating the issue now and, 6 if there is no one who can fill the BSA requirements, the program will have to be placed on 7 hold for a time. Rancho Adobe Fire District, the Petaluma Fire District and Local 1415 have 8 put their efforts to make the program work out. 9 RESO. 98-118 NC5 0 FIXED ~OI,IDAYS 1 Resolution 98-118 NCS approving fixed holidays for the 1998-99 fiscal year as follows: 2 3 4 5 6 Independence Day I,abor Day Columbus Day Veterans' Day '~'hanksgiving Day Friday, July 3, 1998 Monday, September 7, 1998 Monday, October 12, 1998 Wednesday, N~vember 11, 1998 Thursday, November 26, 1998 rrrrrrrrrrrrrrrrrrrrrrrrttrrrrrtrrrrrrrrtrrrtrrrrrttrttr Key to abbreviations: JH-Councilmember Jane Hamilton, N12-CouncilmemBer Nancy lteacl PH-Mayor M. Patricia Flilligoss, MS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire June 15, 1998 1 I~ay After Thanksgiving 2 ChrisYmas Eve 3 Christmas Day 4 New Year's Day 5 Martin Luther King Day 6 Presidents' Day 7 Memorial Day ~ 9 Vo1.321, Page ~' %' Friday, November 27, 1998 ~'hursday, I~ecember 24, 1998 Friday, December 25, 1998 Friday, January 1, 1999 Monday, January 18, 1999 Monday, February 15, 1999 Monday, May 31, 1999 ORD. 2071 1vCS ~1VIElVI)1VIEI~1~' 'I"O 1VIAIZINA I.EASE 10 Adopt Ordinance 2071 NCS authorizing and approving amendment to the Lease with State 11 Lands regarding the Marina which increases annual nunimum rent from $4,240 to $6,000. 12 Staff advised the City Council that the increase in the deposit is appropriate smce the City's 13 annual rent revenue has exceeded $6,000 in the last three years, and it is expected to be over 14 $9,500 this year. The Council asked at the last meeting what are the number of berths being 15 leased on a monthly basis. 16 O~. 2072 NCS 17 ZOIV~TG ORDINANCE TEXT ~AIVIENI)1VIENTS - C~iRDROOIVIS 18 Adopt Ordinance 2072 NCS amending the te~ct of Chapter 21 of Zoning Ordinance 1072 19 NCS relating to Card Rooms: 20 ~ add Section 1-203 Definitions - Ancillary Use 21 • add Section 21-301.5 - relates to Intensity of activity 22 ~ add Section 21-303.5 - relates to proportion of total space utilized 23 • add Section 21-420 - adds Definitions - Hours of Operation, Patron Safety and Security 24 Plan, and Wagering Limits to cardroom definitions 25 ° add Section 21-420..8(b)(7), (8), and (9) - relating to Pernut Application 26 o add Section 21-420.10(a)(7),(8)and 420.10(C) - relating to Grounds for Permit 27 I~eniaURevocation 28 ° add Section 21-420.14(E), (F) - relating to Conditional Use Permit Valid for Specified 29 I,ocation, Establishment, Permittee . 30 • Amend Section 21-420.16 - Sale or Transfer of Business 31 • Amend and add Section 21-420.18,(E), and (F) - New Conditional Use Permit Required 32 ~ Amend Section 21-420.26B - relating to Limit on Locations 33 ^ add Section 21-420.30(A)(10) - relating to Operations Regulations 34 ~ Amend Section 21-420.30(C)(1) - relating to General Requirements 35 ~ Amend and add Section 21-420.30(C)(4)(a) and (d) - relating to General Requirements 36 ~ add Section 21-420.40 - relating to ~iouse Players 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 h1M-Vice Mayor Matt Magulre Page 432, Vol. 32 June 15, 1998 1 I2ES0. 98-119 NCS 2 P~TItC~ASE PORTABLE PIJIVII' 3 Resolution 98-119 NCS authorizing purchase of a portable pump for emergencies. This 4 pump is called a`trash pump.' 5 1tES0. 98-121 NCS 6 GItADING PRIOR FINAI.IVIAP - vVII,I.OW GI,EN 7 Resolution 98-121 NCS approving grading before final map for Willow Glen. 8 * * * * * End of Consent Calendar # * * * * 9 No. 8 Purchase of Traffic Video Detection equipment was removed from the Consent Calendar 0 and will be heard on June 22. 1 COUNC~ COlVIPENSA'TIOIV The City Council discussed the item on Couneil compensation which will be on the November ballot. City Attorney Rudnansky had prepared a memorandum for the Council's consideration regarding various aspects of a proposed ballot raieasure. ~'he majority of the Council agreed to place in the ballot measure an increase frora~ $5 for Councilmembers per meeting not to exceed four meetings per month to $500 per month and from $10 per meeting not to exceed four meetings per month for the Mayor to $750 per month. Compensation to take place immediately. Future increases in compensation would be by Charter Amendment. Motion was introduced by MM, seconded by PT. AYES: Keller, Torliatt, Hamilton, Vice Mayor Maguire, Mayor Hilligoss NOES: Read, Stompe ABSENT: None 3 RESO. 98-122 NCS 4 SET IiEA~TG AUGiJST 3- PA1tKI.Al~TID VALiTATION/F'EES Resolution 98-122 NCS establishing August 3 as the date for the public hearing on Parkland Valuation and related fees. At this time staff is recommending that the value of land be established at $120,000 per acre, Public Improvement Costs are $72,164 per acre, Park Improvements are $57,764 per acre or a total of $249,928 per acre. That would make the cost per single family dwelling at $3,974 for park fees. PT requested that the Park and Izecreation Commission review the staff report before corrung back to Council August 3. Introduced by 1VIlVI, seconded by PT. AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss NOES: None ABSENT: None 6 CI,OS~D SESSION 7 ~ At 4:05 p.m. the City Council went into Closed Session on e~sting litigation, pursuant to 9 Government Code §54956.9(a) City of Petaluma vs. Bettman et al, Sonoma County Superior 0 Court Case 219212 tttPPttttttttPtttPttttttttPtPtttttttttPlPtPtttPttlttPJPP Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmemb.er Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-I~ice Mayor MattMaguire June 15, 1998 Vo1.321, Page ~~~ 1 2 City Attorney came ou~ of Closed Session to announce a Second Closed session for 3 conference with the labor negotiator pursuant to Government Code §54957.6 - Agency 4 negotiator: Beatty, Unit 6 Police. (originally on the agenda, but was overlooked at time 5 closed sessions announced) 6 7 Pulled from the agenda was the Closed Session on existing litigation, pursuant to ~ Government Code §54956.9(a) Nlock vs. Hunter et al, Sacramento Superior Court Case 9 97AS00848. 10 AI)JOU~T to Buona Sera, 148 Kentucky St. for dinner. 11 ~CONVEI~IE 7:00 p.m. 12 Present: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 13 Absent: None 14 PI~EI)G~ O~ ALI.EG~IVCE 15 Tom Hargis led the Pledge of Allegiance to the flag. 16 1VIOlVIENT' OF SII.EI~TCE 17 City Attorney announced that there was nothing to report out of the afternoon Closed 1~ Sessions. 19 At 7:10 p.m. the City Attorney announced the need to add a Closed Session to the evening 20 agenda. Motion was made by MM, seconded by PT. 21 AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss 22 NOES: None 23 ABSENT: None 24 25 CONFERENCE WITH LEGAI., COUNSEL - Anticipated Litigation 26 Significant exposure to litigation pursuant to subdivision (b) of Government Code § 54956.9 (1 27 potential case) 2~ Council resumed the even meeting at 7:35 p.m.. The City Attorney stated that there was 29 nothing to report out of Closed Session. 30 31 Public Commen~ 32 33 11201VIagnolia Avenue 34 35 Guy Gullaon, 9 Edclie Court 36 Read a letter from Supervisor Harberson dated June 11, 1998. Subject Parcel APN 048-141- 37 012 Magnolia Avenue and Samuel Drivee Key to abbreviations. JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-Mayor M. Patricia Hilligoss, 1rIS-Councilmember Mary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire Page 434, Vol. 32 1 2 3 4 5 6 7 8 9 0 Y 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 ~ 9 0 1 Yune 15, 1998 He is distressed due to the fact that a 17 acre eucalyptus forest was clear cut at 1120 Magnolia. The clear cutting has decreased the value of his property. It was a place for children to play, and a habitat for animals. The second largest forest left in the Petaluma area was clear cut and they didn't go through any process. It was his understanding that when this came up on April 20, 1998 agenda the City Council turned down development at that site because it was a proposed parlc site in the General Plan. Madam 1Vlayor was requ~sted as our representative on the Open Space District to go there and work with the Open Spac~ District and see what could be donee The response that I got from the Open Space District when I called them, the response I got from ~Iarberson, this letter and all the people in my neighborhood is that there never was a contact from the city. A lot of children grew up using that land and they have gotten to see it clear cut. 'I'he animals no longer have a home and are wandering into peoples yards. It is critically important to protect the few areas of wilderness and open space that we own and that we have access to. He would like this brought up to the Open Space District or any other bodies to see if we can get any park land for our children out of this either through the counYy or the city. I~e would like to see some parks in that part of town. J~: Would like the city to look at buying this property. P'r: Would like this placed on the Park and Recreation Agenda far Wednesday, June 17. ~: the figures thrown around are a million dollars split betwe:en the County and the City. A year ago the majority of this Council asked for this to go to the Open Space District and it did not. VVe also asked the real estate agent, the representative for the owners of the property that if he wanted housing allocations which was what he was r~questing of us, we said we didn't want to give them because the project was outside the city limits. It was suggested to him to start the process to apply for a General Plan Amendment for annexation into the city. 1Vlurray Itockowitz, 11 Eddie Court, what was once the larges~ forest in the Petaluma area outside of Putnam Park is gone. In speaking with the Open Space District regarding a matching grant it doesn't have to be cash for cash. Z'hey want 50%, but that could come in the form of work, a~e-forestation, services to the area, be it a viable road in, parking, whatever. I have feelings of sadness, grief, outrage, confusion and yet I have to st~ll hold out some hope because perhaps we can still do something. I came here last April and spoke in front of you and I watched my Council say no to these allocations and I thought the forest was going to be okay. I heard the Council ask our representative on the Open Space District to bring this to the Open Space District again. I thought that would happen and the forest would be okay. The birds and animals have lost their homes. This time I am asking you a little bit stronger to please pursue the process this time because our children's children will thank you for that. JttJtPttttPPtttttPttPtltJttJtPttttttPttl'ttPtPttPJtttrJtP Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. PatriciaHilligoss, MS-Cou~:cilmemberMaryStompe DK- Councilmem6er David Keller, PT-Councilmember Pamela Torliatt MM-I~ice Mayor Matt Maguire Yune 15, 1998 Vo1.321, Page 7/ ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 John 1Vdolloy, 1008 Samuels Drive, I have lived here 20 years. I ran my golden retriever in those same woods. I found a cat, the cat is now 20 years old and blind. I have a very strong feeling for that area. We callerl Fish and Game and the work stopped for two days and now the trees are gone. Somebody dropped the ball. Jane IVlolloy, 1008 Samuels Drive, wants to reiterate her sadness about the animals. The animals are in her back yard now and she can't let her dogs out, She would like to see a porta-potty at Shollenberger Park. ~: The plumbing is in place for that so there will be a real bathroom installed. Theresa 1VeLson, 192 Jessie L.ane, I have been here 24 years and I had a lot of pride and I still do in my community. The price of that property last 7uly was $900,000. I would just like the Council to be aware that there is a huge jump in the price as the activity increases on this project. Ivly property backs up to it that property I saw the children playing in the forest and I saw families walking their dogs, it was unique and it was highly trafficked for a private piece of property that nobody "knew" about. It was a huge ecosystem. Somehow the children and the animals lived peacefully together. There is no open space on that side of town, let alone parks. The city should be aware of the erosion control problems that could result from the trees being cut down especially if the stumps are removed. 1VIy children will not see that forest, but there is a chance their kids can see something there on that property. I,o~e ~ratt, 111 Jessie Lane, The animals are in her yard because they have no place to go. She has been there 11 years and has enjoyed the forest and rode her horses in the forest, She is worried about Jessie L.ane Creek. The creek jumped it's banks and came into my pump house. She along with grandson and neighbors are in that creek every year trying to shore it up. What is going to happen? I understand stumps are still in the ground from those trees. Eucalyptus will renew itself quite readily. If they take the stumps out were going to be in a real bad situation down there. The creek can't even hold the water that's coming through there now, I have been to your flood zone meetings asking for help for the last two years. Is anybody going to help residents with the creek? Is anybody going to help us with the wildlife? If the residents suffer any more loss or problems with 7essie Lane Creek due to the development of that property were thinking about taking legal action against the developers if it is at all possible. g would urge you to do whatever you can monetarily or legally to preserve that forest. ~Tans Scl~neacier, 190 Yessie I.ane, has been living there for 25 years. He brought his kids up there. They rode their horses in the forest. Other kids rode their bicycles in the forest. I have seen kids build forts in the trees. ~-Ie is not against development, but it has to be a sane development. What's going to happen if this area gets washed out, do we see bones floating down the creek, down into Payran? 1VIy area is flooded every winter. It is actually a basin. It floods somet~mes for half an hour and other times for hours. I think this city has the Key to abbreviations: JH-Councilmember.7ane Hamilton, NR-Councilmember Nancy Read PH-MayorM. Patricia Hilligoss, MS-CouncilmemberMary Stompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire Page ~36, Vol. 32 June 15, 1998 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 ~ 9 0 1 2 opportunity to have a nice park in an area where older folks like him can walk through. You have a chance to save something for the kids and their kids. If the stumps are not pulled out the forest could be back in 10 years otherwise if the stumps are pulled out there won't be another forest. Council Commeaat DI~; Stated that he was frustrated at not being able to intervene at any level of government. The destruction of trees was classified an Agricultural Activity there was no intervention mechanism. There was no development proposal or application re~eived by the county nor any application so the city has no toe hold on the project. If roads are being cut or foundations laid then that is considered Development Act~vity and can be red tagged. The project is outside of the city's boundaries so the city has no authority. We depend on the county to regulate that, On the issues of erosion, run off that comes down, both creeks as mentioned l~agnolia and ~essie I,acie Creek flow into the river just above Payran. On issues of disturbances of reports of a pauper's cemetery, wild life habitat, nesYing season, 1Vative American artifacts, the county sa.id we have no authority. I3e would like to make a recommendation to the Open Space District that the city is inter~sted in the purchase of this property cooperatively or otherwise. It is important for developers to be involved with the neighborhood. To work cooperatively and collaboratively with them ahead of time. Find out what the resources are, to get the local information and as a result come up with a better project for the neighborhood and for the property ownerse ~ hope that this community understands that there are in fact good developments and this was not the start of one of them. NI~: Councilmember Keller and she were present in front of the Open Space Authority to start the dialogue. The Open Space District may not be the help that we need, but I certainly think that we need to pursue this. The matching grant proposal is something to look ate LTnfortunately it is a big chunlc of money, but it states a minor ~ercentage could be in kind. We dvill be meeting Monday, 7une 22 at 6:30 p.m. for staff report and future direction. ,T~I: There is a private property rights vs getting along in the world with your neighbors. People can destroy habitat and cause erosion problems that impact streams and waterways without asking anybody and withouY getting a permit. This really needs to be addressed in this county as our land keeps shrinking and the population keeps growing. I am looking forward to seeing what we can do to remedy it as much as we can, ~: The issue revolving around Magnolia obviously has a lot of different aspects to it. Since it's not within the city's jurisdiction we need representation for the Second District on the Board of Supervisors that is going to provide the policy and protection for this type of open space/park space. PttPtttttPttttPPttPttttPttttPttttttPtPttPtttttPttPtttttt Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Courrcilmember Nancy Read PH-Mayor M. Patricia Hilligoss, MS-Councilmember Mary Stompe DK- Councilmem6er David Keller, PT-Councilmember Pamela Torliatt MM-i~ice Mayor Matt Maguire June 15, 1998 Vo1.321, Page 9~ ~3 2 Beth Meredith, 104 Sth Street. questioned Councilmember Read's attendance at a meeting 3 on June 9 with Peter Pfendler, his attorney Steve Butler, Les Perry and others. This being on ~ the eve of the scheduled court date where the city is trying to gain temporary public access 5 for the purpose of the EIR review. Ms. Meredith would like to know if Councilmember 6 Read in fact attended that meeting, the purpose of that meeting, what her role was in 7 attending the meeting. etc., She also wanted to know if it was a conflict of interest. 8 Joe lvlauro, part-time program manager at the Lucchesi Senior Center, on an outing to Iteno 9 encountered a Seruor Patrol. After some research at the Reno Police Department he learned 10 that there is a program called Senior Auxiliary Volunteer Program (SAVE). People 50 years 11 and older volunteer to spend 4 hours a week on active assignments. Recruits are given one 12 week of training at the Police Academy, they participate in police ride-along and continued 13 trairung. 'The iteno Police Department will give the particulars of the program to the 14 Petaluma Police Department upon request. 15 3H: Would like Police Chief Pat Parks to look into this program and get back to Council. 16 Hank Flum, 1721 Stonehenge Way, spoke in opposition of building in the Corona Reach area 17 and the construction of Rainier Overpass and Interchange. 18 Bruce Hagen 145 Grevilia Drive, briefly touched on the Environmental Impact Report by 19 Leonard Charles for Lafferty Ranch.. The report identifies 46 impacts, none of them are 20 considered significant by the EIR after mitigation. 'There vvas only one that was significant 21 and that is traffic based on an unprecedented standard. The others are less than sigmficant. 22 There is one that we did not get the chance to have the public verify and that is the beneficial 23 impact of letting people have a nature experience in a place like Lafferty. He hopes the 24 Council will stand up for the decision they made a few years ago that the public will and will 25 resist tlvs kind of misinformation campaign. 26 Bonnie Nelson, I am announcing that I am running for Mayor of Petaluma. 27 Vince I.andof, 12 Cordelia Drive, some of the residents in the Payran area other than Jess 28 Avenue and Rocca Drive were approached by the Chelsea Group regarding the buy out of 29 homes. I~ow as something placed on the agenda for discussion. He would like this agendized 30 for discussion. 31 He would like to know where the balance of the money is that he helped former City 32 Manager John Scharer collect through Federal Revenue Sharing funds which is Flood 33 1Vlitigation money. This money went into an account at North Bay Savings. It was his 34 understanding that this money was for flood mitigation of the Payran area. Some of that 35 money was used to move seven homes off of Jess Avenue and Rocca Drive onto other 36 property. He would like an investigation into this account. 37 City Attorney Itudnansky stated that to place a matter on an agenda has to go through the 38 City Nlanager with the consent of the Council. 39 Jim Spahr requested that the agenda item regarding ~Iealthy Community Coalition Committee 40 Action/Youth Programs be continued to 7uly 6. Key to abbreviations: ,IH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. PatriciaHilligoss, MS-CouncilmemberMaryStompe DK- Councilmember David Keller, PT-Counci/member Pamela Torliatt MM-I~ice Mayor Matt Maguire :.,¢~.::'.j r'.,~J;::. . ; . ~ : ~ . . i . ~:';irit. ~!?%. ~i i`<+~j~ . . Page ~3~, Vol. 32 June 15, 1998 ~ouncil Comment 2 NIlVI: vvould like Council to submit a letter to FPPC regarding an investigation on a"hit 3 piece" (flyer) that was sent to the commuruty on Councilmember Jane Hamilton just before 4 the primary election. He would like the issue of NR attending a Sonoma Mountain 5 Conservancy meeting agendized. 6 City Attorney: The one point that the FPPC did indicate was that if they felt there was some 7 crirrunafl violation ~otential they would refer it to the District Attorney. 8 PT: Agrees with sending a letter to FPPC as well as DK and MS. 1v15: The city is receiving an award from the U.S. Department of Housing Urban I~evelopment for our role in implementing a work assistance program to assist people in their transition from welfare to work. She thanked the neighbors o.f Magnolia neighborhood and encourage their participation at the next Parks and Recreation zneeting as well as Council on Monday, June 22. Council received a memo from the City Manager re: Lafferty Ranch cost projection of cost through June 30 is $193,060 of which the general fund is $146,097 and the Water F'und is $46,963. In the prelirrunary general fund budget for the 1998/99 year is $142,000 out of the general fund. She would like to agendize a discussion re-exploring a county partnership of some funding of operations as well as capital costs that are included in the 1998/99 budget. 9 1VI~I read a proclamation for Men's Health Week and Joe Manthy accepted. 0 IZESO. 98-1231~TCS 1 APPOINT ANIlVIA~ SERVIC~S ADVISORY COIVIMI~'~'~E 2 Itesolution 9~-123 NCS appointing the follovving persons to th~ ~umal Control Committee. 3 Dee Brillhart 3 year terrn 4 Sheri Cardo 2 year term 5 Myron Hinrichs, D. V.M. 3 year term 6 Kari NYastrocola 2 year term 7 7udy Reynolds 3 year~ term ~ Mary-dee Roy 3 year term 9 Susan Simons 2 year term 0 Skyler Timko 2 year term 1 Judith Wright 3 year term 2 Mickey Zeldes 2 year terrn 3~.IZ1V1~' CO1tPS OF EIVGINEE1tS - PA~'12A1V itEAC~ ~ City Engineer Tom Hargis said they are continuing to work on the appraisals for the 5 trapezoidal section of the upper reaches. ~Ie has reeeived five appraisals which will go to 6 Real Property Negotiator Geoff Hornsby, for review, then to ~Council for authorization. Of 7 the eighteen remaining properties eleven descriptions have changed because of the Army 8 Corps of Engineers design looking for more right-of-way to make better conforms. Those 9 appraisaYs are currently being revised. Were looking to do one railroad bridge next summer 0 the second bridge the following summer. The Lakeville brid~;e project is on schedule and tttttPtPtPtt,tIPlPttttPtPttJttttttPtPPPttPPtttJtPttttttt Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. PatriciaHilligoss, MS-CouncilmemberMaryStompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire June 15, 1998 Vo1.321, Page 11 ~ ~~ 1 should be completed by mid July. The information received from the Army Corps of 2 Engineers and the Sonoma County Water Agency had different numbers regarding the 3 February storm. The Corps placed the event at a 30 to 35 year flood. The Sonoma County 4 Water Agency stated it could be up to a 50 year flood. The Sonorna County Water Agency 5 looks more at the rain fall and reoccurrence. The Corps tends to look more at the runoff 6 generated by different storm events. There's some variation in numbers based upon how 7 much the ground has absorbed water and filled up the pores so there's more runoff. 8 The report by the Army Corps of Engineers regarding the status of the Payran Reach Flood 9 Control Project was presented by Arijs Itakstins. He stated that everything appears to be on 10 schedule. Contract 1 LT Shaped Channel is 30% complete, to be completed by October 5, 11 1998. 12 The 35% submittal for the plans and specifications for Contract 2 occurred on schedule. In 13 addition, partial comments have been pro~ided to Moffatt and Nichol Engineers so they can 14 proceed towards completing the 95% submittal scheduled for July 31, 1998. Overall 15 schedule is to award the contract in March 1999, with a construction completion date of 16 October 2000. 17 A question that came up at the last appearance before the Council was the status of funding. 18 for ttus project. Total funds available this fiscal year 1998 are approximately $1.7 million 19 dollars federal funds. We requested over $1 million for fiscal year 1999 to complete our 20 commitment to a total of $5 million dollars for the federal share of the project. There is no 21 further federal funds in fiscal year 2000. 22 DK: The flood wall is going to be set with driven piles 50 to 80' deep. When those piles are 23 driven will it be with vibration or impact hammers? It would be useful for the neighbors and 24 property owners adjacent to that construction to have some understanding of the magnitude 25 of noise and vibration that will occur. Is there any likelihood of damage, if so what kind and 26 as there anything to do to prevent that from happerung? 27 Arijs Rakstins: Typically damage to any structure falls to the construction contractor to 28 mediate such as broken windows or disruption in sprinkler systems etc. 29 NR: I want to make sure that you plan on adhering to the time line of having Contract 1 30 completed in October. This Council has pushed for some kind of parallel tracking of both of 31 these contracts and the consolidation of Contract 2 so they could be completed qutcker. You 32 believe that if they finish the schedule of the acquisition that that will be completed by 33 December 1998. How do you forecast an October 15 rainy season starting and still adhering 34 to that completion date. 35 Arijs Ralcstins: Our plan right now is to award Contract 2 in the spring of 1999. VVe have an 36 environmental window that prohibits work in the channel during the first week in November 37 and early May. Our intent is to complete Contract 1 before the onset of the environmental 38 window in 1998 and begin construction on Contract 2 as soon as the environmental window 39 opens in 1999. 40 Tom Hargis met with the design engineer for the Army Corps of Engineers. The Corps is 41 looking at three alternatives. The flood wall design steel pile pounded into the ground, and 42 the Corps is looking at two alternatives in a very preliminary fashion. One would be 43 continuation of the sheet pile concept as is being used in the lower reaches with some kind of Key to abbreviations: JH-Councrlmember Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. Patricia Hilligoss, MS-CounciCmemberMary Stompe DK- Councilmember David Ke/ler, PT-Counci/member Pamela Torliatt MM-Vice Mayor Matt Maguire :~k ~ :"m, g~ Page ~40, Vol. 32 June 15, 1998 1 an aesthetic treatment on the wall and the other is a drilled pour it in place piling that 2 supports the structural element of the wall which would address the issues Councilmember 3 Keller was raising as far as impacts and vibration in the neighborhood. 4 A1tMY ~O~'S OF ENGINEEItS -~OlVIE RE~,OCATIOI~T 5 The staff presented a report on the proposal to relocate some of the homes along the 6 ~etalurr~a IZiver. 7 Speakers: 8 Jeff Cartwright, 56 Rocca Dr, the constraints of the project are already in and that's the 9 bridges at Payran and at Lakeville. No more water will go through that will fit through those 0 bridges. 'The Corps project with its walls will direct that same a~nount of water through those 1 bridges. The new proposal with the removal of tlie houses and the berming of the land can 2 only move that same amount of water through those bridges. The bottom line here is that the 3 flood protection doesn't change no matter which project you use. 4 Bill Bennett, 2902 Bodega Ave, He is looking into the operation of Zone 2A Flood Control 5 Special Benefit Assessment District. He is questiorung the $6.7 million funds of which $1.8 6 million was contributed by those in the unincorporated area. I3e would like City Attorney to 7 look into this because he doesn't believe the law is being followed. I think this is a Benefit ~ Assessment District and the law says the parcels have to benefit as to the ta~ces they provide. 9 I,eon ~eck, 11395 Valley Ford Road, Bloomfield, his son owns 19 Rocca Drive. What 0 caused the flooding in their house were the trucks that drove up and down the street caused 1 waves that went over the sand bags. He opposes the Rainier construction. He feels the EIR 2 is inadequate and has wrong information in it. He feels the ~1rmy Corps project is not going 3 to work. He requests the city to direct their staff to immediately start over on the EIl~ and it 4 will protect itself and we will be happier. The river is to little to drain everything off. 5 Richard Brawn 141 Grevilia Dr., the Corps of Engineers predicts a 14% increase in peak 6 flow over what was predicted in the FEld1A Flood Study of 1986. Where did that extra water 7 come from and where will it go? Part of this will raise the downstream level about 3" what ~ does that mean downstream from the Washington bridge? Will Denman Flat remain a catch 9 basin. As Petaluma increases in population where will all that water go? The flood fix 0 project may do as predicted, but what are the consequences if it doesn't. Is there an updated fl ~lood Plain Management Plan . 2 Vince Landof, 12 Cordelia Dr., he is for a direct buyout at $200,000 to $260,000 per home. 3 T'he Zone 2A Flood Agency admitted that they were over ta7cing property owners in the 4 Flood Benefit T~ Assessment District and your wondering whak to do with that extra money 5 that they collected. Why not work with the Zone 2A Flood Agency and use that money for 6 the flood project. Talk to developers about buying the homes and moving them to other 7 properties and reselling them and recouping some of that money. Get a project in place and 8 quit stalling. 9 Yvette I~otson, 47 Rocca Dr, she supports the buyout, but at a realistic amount. 0 7ohn Cheney, 55 Rocca Dr, supports the buyout, but make the amount comparable. gie 1 doesn't think it's going to work. They don't want to go through another winter. PtttJttttJtPttttttttttPtttttttttttPtttPtPtPttttJtttPJtJt Key to abbreviations: JH-Councilmember Ja»e Hamilton, NR-Councilmember Nancy Read PH-MayorM. Patricia Hilligoss, MS CouncilmemberMary Stompe DK Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-vice Mayor Matt Maguire June 15, 1998 Vo1.321, Page 13 ~~ ( 1 City Manager Fred Stouder stated that the $160,000 is based on the Fair Market Value and 2 does not include the relocation and moving costs. That figure is designed to be the 3 differential payment that would go to homeowners and tenants to get them into a comparable 4 house in size and services recognizing that the house they would be originating from would 5 be from a depressed value. 6 PT: What restrictions on development are there in the Denman Flat area and will that still 7 remain a detention basin? She would like to have an updated Flood Management Plan, a list ~ of the different plans and a copy of a Zone 2A budget. 9 NR: VVhat are the impacts on Contract 2 construction schedule if we proceed with the 10 buyout of the homes. 11 Arejs: The schedule could be delayed by more than 2 years. We think that to change the 12 design to a widened channel in Contract 2, the critical path would be a supplemental EIS and 13 from our experience it could take a minimum of 18 months. Coupled with that would be the 14 hydraulic and civil redesign of the channel and the modification of the cost sharing 15 agreement. This would have to go back through Washington if there is an increase in total 16 project cost. 17 NR: Was the Army Corps of Engineers involved in the relocation of the homes in Guernville 18 for the Russian River flooding. 'The answer was no it was FEMA. 19 DK: Suggested having a neighborhood meeting. For us to take the path of doing a 20 relocation redesign is very likely to increase the time until completion and increase the 21 expense. VUhat I've heard from some of the people is yes they would be willing, but they 22 don't know if the balance of the neighborhood would be willing to deal with any delay's 23 whether its a year or two year delay. I~e would like to set a date for a neighborhood 24 meeting. 25 Fred Stouder advised that the relocation acquisition professionals should attend that meeting. 26 I think the clarification of the dilemma is the acquisition and prevention of flooding for 27 twenty-two to twenty-five homes could occur in the next 8 to 12 months if the council 28 proceeded and if the city could secure funds. The capital project that would protect the rest 29 of the neighborhood would be the 18 month to 2 year delay primanly because of 30 Environmental Impact Analysis time frame created by law and not the result of engineering or 31 construction issues at all. 32 PT: Can we look into getting FEIVIA funds to fund the $5-$6 million dollars. The answer 33 was yes that is what we would do during the relocation plan period. 34 NR: FEMA has a program which is called Pre-Disaster Mitigation if someone is interested in 35 looking into that. 36 Katherine Johnson, Housing Coordinator would like Council to provide staff direction 37 regarding establishing an emergency loan program with parameters to be deternuned, 38 authorize the Housing Division to take a proactive rote as a clearinghouse between residents 39 and existing relief agencies, other nonprofit agencies and authorize staff to make available the 40 city owned house at 6 Payran for use by displaced flood victims. Council would like the 41 Housing Division to move forward. Key to abbreviations: JH-Councilmember Jane Hamilton, NR-Councilmember Nancy Read PH-MayorM. PatriciaHilligoss, MS-CouncilmemberMaryStompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire ~~' ~ *~ x~ Page ~d42, Vol. 32 June 15, 1998 1 TJRBAI~1 GROWTH BO~JIVDAYZIES , - , . ~.: . , 2 Pamela Tuft, Planning Director, introduced Chris Taylor from ~hute Mahaly, Weinberger. If 3 Council has any input on the various components of a ballot measure we wanted to give you 4 an opportunity to identify specific questions with those cont~nt components of an Urban 5 Growth Boundary ballot measure. We would hear those questi~ns, research the answers and 6 proceed with the outreach to receive public input on those questions and answers in 7 formulation of the effort that is being under taken in preparation of the July 11, workshop ~ and the Planning Commission hearing on July 14, in anticipation of bringing a 9 recommendation back to council in late 7uly. 0 Pamela Tuft stated they would be written answers and those would be sent to everyone that 1 has indicated an interest in the Urban Growth Boundary and or who attended the workshop 2 last month along with a packet that will have vacant land inventories and projections, a 3 summary of the workshop. It wxll also have a summary of the map exercise the public 4 undertook at the workshop. 5 DK: Would the notice go to property owners that are cunently outside city limits, but within 6 the Urban I.imit Line. The answer was no. _ We have a mailing list consisting of interested citizens who have indicated an interest by submitting either a written comment on the issue of an Urban Growth Boundary or have attended and participated in any public forum. We could certainly create a mailing list of property owners and or residents within 300-500 feet, but at this point in time because we don't have an Urban Growth Boundary proposed location. We could do some generic measurements from the existing Urban Limit Line or those boundaries identified in the first workshop as probable or possible Urban Growth Boundary locations. At this time we have done just outreach through posting and advertisement. We will notice through both newspapers for the July 11 workshop 9:00 a.m. - 11:00 a.m. at the Petaluma Community Center. 7 We have confirmed speakers from the Sonoma County Agricultural Preservation and Open ~ Space District and Sonoma County Pernvt and Resource Management Department who will 9 be attending the July 11 workshop. 0 PT: Itequests a copy of the staff report go to the Planning Comn~ussion. 1 Yt~S~. 98-124 NCS 2 CAPlt~ C~EK APAR'I'1VYENTS Resolution 98-124 NCS approving a negative declaration of environmental impact and transfer of development rights for the Capri Creek Apartments. Several of the Councilmembers indicated that they would like the perimeter of the site to have open bicycle/pedestrian pathway without gates that tenants have to lock and unlock and to revisit the project in one year to look at the bike/pedestrian path access gate issue. This is a 100 urut apartmenY complex on a 5.2 acre portion of the remaining lands of Gatti property located at 710 Sonoma Mountain Parkway. Introduced by NR, seconded by PT. AYES: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss NOES: None ABSENT: Stompe ttttPttt~PttttPtttttJtPtlPPttJ~ttPtJttttPtPtPttttttttrtJ Key to abbreviations: JH-Councilmember Jane Hamiltorr, NR-Councilmember Nancy Read PH-MayorM. PatricfaHilligoss, MS-CauncilmemberMaryStompe DK- Councilmember David Keller, PT-Councilmember Pamela Torliatt MM-Vice Mayor Matt Maguire June 15, 1998 Vo1.321, Page 15 1 O~. 2073 NC5 2 CAP~ CR~EK t~Pt~lt~'1VIENTS - ~ZONE 3 Introduce Ordinance 2073 NCS rezoning the Gatti Apartments - Capri Greek from `A' 4 (Agriculture) to `PUD' (Planned Unit Development). Introduce 6y NR, seconded by PT. 5 AYES: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor I3illigoss 6 NOES: None 7 ABSENT: Stompe 8 The City Council also discussed the details of the Planned Unit Development Plan which will 9 be adopted at the next Council meeting along with the ordinance to rezone. 10 Items 16-19 were continued to another date. 11 AI)JOiTRN to June 22 12 At 12:00 midnight the meeting was adjourned 13 14 ~ ~ ~ ~- ; 15 ~ ~ ~ , ~~~ 16 ~ ~ '~ / U/ ~ ~~i~' 1'7 M. Patricia Hilligoss, ~ yor 18 ATTEST: 19 20 21 22 Paulette Lyon, Deputy C Clerk 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