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HomeMy WebLinkAboutMinutes 05/06/1996May 6, 19~6 Vol. 29, Page 425 i MINUTES 2 OF A REGULAR 1~YEETING 3 P~TALUMA CITI' COUNCII. a MONDAY, MAY 6, 1996 s 1ZOLL CAI.L 3:00 p.m. 6 Present: Maguire, Stoiupe, Read, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss 7 Absent: Hamilton s PRESEN'~ATION 9 Mayor Hilligoss and City Manager Scharer presented a 15 year employment pin to Bob io Cochran of the Fi re Department. it PUBY.IC CON~IVIEN'r i2 Lucy Gatlin, 622 I Street - Humane Society of Sonoma County - Petaluma Auxiliary - i3 she addressed the issue oti neutering dogs and cats, told the Council how important rt is ~a to neuter the animals before adoption. She suggested creating the same fee for dogs is and cats. 16 COUNCIL CONYNIENT ~~ Matt Maguire - asked for the following reports: ~s • Petaluma Queen - status of the tloating commissary i9 • Washington and McDowell intersection traftic improvements - status of Council's ao direction to staff to look at this intersection to see what can be done to ameliorate zi some of the traffic situations tl~ere without going into extensive construction az • Noise Ordinance update - when tl~e ordinance comes to the Council he would like to 23 see it address truck noises such as Jake Brakes, excessively loud exhaust, people aa that are driving in a loud exhibitionist manner in their car, outdoor loudspeakers, zs and stock car raeing 2~ • Sonoma Marin Highway 101 Corridor land use study with Calthorpe and 2~ Associates, wants periodic re~~orts on this ~s • Walmart appl ication to come to Petaluma - status of application 29 Mary Stompe - she received a letter from the Purple Berets and wants that on the so agenda si Carole Barlas - noted that she attended the Fire Department Disaster Preparedness 32 activities last week. She complimented the Fire Department on their degree of 33 preparedness 34 Lori Shea - would like t}~e Parks and Recreation Director to give a presentation on the ss parks that are available and .~s included in that presentation what facilities are 36 available at these sites for public use. She also feels there are not enough lighted 3~ basketball courts Page 426, Vol. 29 May 6, 1996 i PIZOCLAM.~TIONS z The Mayor read a proclamation for Aids Awareness Week - May 13 to 19 and s presented it to Jim Sparr. a The Mayor read a proclamation for National Transit Appreciation Week - May 13 to s 18. The proclamation was presented to Transit Coordinator Jim Ryan. She asked 6 every one of the Councilmembers to take a ride during that week on our ,local bus. ~ Councilman Maguire he noticed that our Transit Director, Jim Ryan, was waiting for a s ride the other day, and he wanted to point out that Mr. Ryan is doing a diligent job to v see that things are running the way they are supposed to run. io MINLJT~S ii The Minutes of the Apri1 15 meeting were approved as amended: ii ~ Page 395, Line 11 add "Helen Putnam Regional Park"/ i3 Line 13 correct spelling of Lytton Springs Rancheria'~ ia Page 401, Lines 19-21 - add "I asked why some Councilmembers went up to Lafferty is and other selected people were allowed to go to Lafferty when the tours were over. I ~6 felt that these actions by Councilmembers was unfair to the people requesting to visit i~ Lafferty but were denied. "~' is The Minutes of the Apri122 meeting were approved as amended: i9 Page 407, Line 37 change Assembly to "Senate" ~ Zo Page 408, Line 12 correct spelling of discussion / Zi Page 408, Line 31 correct spelling of disband. ~ aa PRESENTATIOIV z~ Trolley Service - Allan Nichol and J. T. Wick were present to describe the possible Za return of trolley service. He noted that Tuscon, Arizona, has a trolley line called the as Old Pueblo Trolley, which has been partly restored. Other cities have begun to a6 reinstate the use of trolleys as well. a~ The idea they have for Petaluma is to develop trolley use for that area between the zs Factory Outlet and the Foundry Wharf. He showed slides of some active and inacfive a9 trolley cars. He noted that old Petaluma trolley #63 has been restored and is in 30 operation at the rail museum in Suisun. 3i His group is in the process of becoming incorporated. There is money available to 32 assist this type of project. They asked that the Council support giving some grant 33 assistance, if that is available, through the City employees. The Council nodded their 34 agreement with the proposed project. Mr. Nichol said he would keep the Council 35 apprised and his plans progress. 36 CONSEN'~ CAI.ENDAR 3~ > The following items, which are noncontroversial and which have been reviewed by the 3a City Council and staff, were enacted by one motion which was introduced by Vice s9 Mayor Barlas and seconded by Mary Stompe. ao Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss at Nces: None a2 Absent: Hamilton A~ay 6, 19~6 Vol. 29, Page 427 1 RESO. 96-107 NCS z Cd.AINIS AND ~II,I,S s Resolution 96-107 NCS approving Claims and Bills #54482 to #54898. a OI~. 2008 NCS s STERII.IZATION CATS & DOGS 6 Adopt Ordinance 2008 NCS amending `9.28.130 of the Municipal Code by removing ~ reference to a spay/neuter deposit and replacing it with the Mandatory program and fee s authority. It was introduced by Mary Stompe, seconded by Jane Hamilton on April 15. 9 RES(J. 96-108 NCS io ANYIVIAL CONTROL ~ EES ii Resolution 96-108 NCS establishing Animal Control fees and rescinds Resolution 96-80 ~2 NCS and Resolution 92-278 NCS. 13 ORI). 2009 NCS ia LEASE COTTONWOOD GOLF - AMEIVI~EI) is Adopt Ordinance 2009 NCS lease amendment - relating to amending the areas which i6 will be used by Cottonwood Golf Course and within 180 days a lease amendment will » be established for RESA (Redwood Empire Sports Associates) to amend the areas to be ~s used for the sports complex. The sports complex is near Kingsmill Subdivision, i9 however, the residents of that subdivision have expressed their concern about the sports Zo complex and its possible impact on their neighborhood. These changes in the specific 2~ pieces of land to be used by the golf course and the sports complex should alleviate the 22 Kingsmill residents' concerns. It was introduced by Jane Hamilton, seconded by Matt z~ Maguire on April 15. Za ORD. 2010 NCS zs ZOI~TING ORDINANCE AMENI)1VIEN'~ - SIGNS 26 Adopt Ordinance 2010 NCS amending Zoning Ordinance 1072 NCS relating to sign 2~ regulations. One amendment relates to Public and Private Academic School signs in z.s Agricultural, Residential, and Administrative and Professional Office zoning districts. 29 A separate amendment relates to Announcement Signs for Churches, Community so Centers or other Public or Institutional Buildings. Introduced by Nancy Read and 3~ seconded by Matt Maguire on April 15. s2 ORD. 2011 NCS ss ZONING O1~DINANCE ANIENIDIVIENT 3a Introduce Ordinance 2011 NCS amending Zoning Ordinance 1072 NCS to alter the ss Light Industrial Zoning District wording to include medical office uses of a limited 36 nature as a conditional use. This will amend §14-419 of the Zoning Ordinance. It was s~ introduced by Nancy Read and seconded by Matt Maguire on April 15. 3s ItESO. 96-109 NCS 39 RESIGNATION SALTVE' - ~iTDGET CONIMITTEE ao Resolution 96-109 NCS accepting the resignation of Camille Sauve from the Budget a~ Committee. ~ ~. ~y h, , .. .. . .. . ~. Page 428, Vol. 29 May 6, 1996 ~ R~SO. 96-1101vCS z P~C~ASE - T'RZJC~ - &~tE IDE~. . f. T.... ~.•rM.... . . ~ • a x•;4 s Resolution 96-110 NCS approving purchase of a 1996 GMC Yukon Truck from a Oakland Truck Center for $31,820. for the Fire Department to be used as a command s vehicle. The old command vehiale will be reconditioned and will be reassigned to the 6 Engineering Department. ~ RESO. 96-111 NCS s WEST V~W ESTA~S 9 Resolution 96-111 NCS extending the 1995 Residential Development allocations for ~o West View Estates until July 1, 1996. The allocations expire on May 31. ii ~SO. 96-112 NCS ~2 EX~NI)ING BiJDGET ~RESEN'~A1'ION TO COi.TNCIL i3 Resolution 96-112 NCS extending the time for presentation of the Budget to the City ia Council from the first meeting in May, pursuant to the Charter, to the first meeting in is June. , i6 * * * * * End of Consent Calendar * * * * * i~ STA~'iJS OF OPPORTLJ1~iITY CEN'~Eit Staff advised that the Neighborhood Advisory Committee is meeting on a regular basis. The meetings are a forum to update the neighbors on the progress of the Opportunity Center and to exchange perceptions, ideas, and informatian. They are also developing a security plan and are discussing plans for the future of tl~e Opportunity Center and the annory. A Neighborhood Watch program has been st~rted. There has been some temporary use of the "Kitchen" in dealing with the homeless as if the Opportunity Center was on site; however, a number of neighbors have expressed great concern about that. (See public comment for the evening meeting.) Some physical changes are being recommended for the Library area. The Board of Supervisors did not vote to support using the Holiday Inn (Santa Rosa Avenue south of Santa Rosa). It was noted that the management of Burbank Housing may very well be in the process of finding developing an alternative to the Holiday Inn. It was also said that the Board of Supervisors were concerned about the future of available funding for the Holiday Inn project. sz ORD. 2012 NCS 33 I.~ASE OP'~ION - KTOB 34 Introduce Ordinance 2012 NCS authorizing an option and lease agreement with Radio 35 Station KTOB (David DeVoto) and the Ciry for the KTOB Antenna and Transmitter to 36 be relocated at the foot of Casa Grande Road (a closed landfill). There was the s~ question as to whether or not there would be the abiliry to utilize the transmitter tower sg on which to attach other communication paraphernalia. A representative of KTOB said 39 that it would be possible, but a stronger pole may be required for that. Greg Freitas ao and Neil Rones spoke for KTOB. ' . .il ~.._-~:A _~n- :1'?:F•~ • ; l May 6, 19~6 Vol. 29, Page 429 i The ordinance was introduced by Matt Maguire and seconded by Vice Mayor Barlas. 2 Ayes: Maguire, Ston~pe, Read, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss 3 Noes: None 4 Absent: H~milton s PETALUMA HEALTHY CONIMiJ1~TITY CONSORTI~JM 6 The group consisting of 74 volunteers from the Petaluma Valley Hospital, Petaluma ~ School District, and the city have met over a number of months working on a Needs ~ Assessment. They are asking each of the il~ajor participants (hospital, school, city) to 9 participate in further delineation of a needs assessment by ec~ually funding the estimated io cost of $30,000. ii They were advised the City Council will have to wait until their next budget ~~ deliberations to consider what funding assistance may be available. The group has a ~3 Substance Abuse message which will be included in the next Parks and Recreation ~a Bulletin going to the residents. There has been a lot of hospital staff participation in ~s this effort. i6 RESO. 96-113 NCS i~ 199G-97 TAX AND REVENCTE AN'~ICIPATION NOT`ES (Z'RAl~ ia Resolution 96-113 NCS authorizing and approving the borrowing of funds for fiscal i9 year 1996-97; the issuance and sale of 1996-97 Tax and Revenue Anticipation Notes, Zo and participation in the California Communities Cash Flow financing program. The Zi Finance Director expects the amount borrowed will be $2.6 Million with an estimated 22 interest rate of 4.8%. During this discussion, Councilman Maguire was out of the z~ room. Introduced by Nancy Read, seconded by Mary Stompe. 2a Ayes: Sto~npe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss 25 Noes: None 26 Absent: Maguire, Han~iltou 2~ as RESO. 96-114 NCS CIP DRAINAGE 1996-97 TO 1999-2000 29 Resolution 96-114 NCS approving the drainage Capital Improvement Plan for 1996-97 so to 1999-2000. The Capital Improvement Program was reviewed by Assistant City 3i Engineer Michael Evert. He noted that new Capital Improvement Projects include s2 Lakeville Channel Cleaning, Storm Water Pollution Prevention Project (parking lot and 33 street drain pollution prevention), and Flood Alert Improvements. Introduced by 34 Nancy Read, seconded by Vice Mayor Barlas. 35 Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss 36 Noes: None 37 Abseut: Hamilton ss ItESO. 96-115 NCS 39 PARI~LANI) VAI.UATION ao Resolution 96-115 I~'CS establishing the Fair Market value of parkland and the cost of ai improvements thereon, pursuant to Municipal Code Section 20.34.010 for the period a2 commencing June 6> 1996. The fair market value established at $120,000 per acre; 43 the improvement cost is established at $67,433 per acre and the turf and irrigation are 44 established at $52,697 per acre. i `£y~.lFi. ~'~"t: . _. .' ' ~ 4'Yr. ~#T:k: Page 430, Vol. 29 May 6, 1996 i PA~Y.A1V1~ VAI.UATION cont'd. a This is a 1.23~ increase over last year's parkland valuation.,, Introduced by Matt 3 Maguire, seconded by Mary Stompe. a Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilltops s Nces: None 6 Absent: Hamilton ~ ~SO. 96-116 NCS s PG&E PAYItAN ~1ZIDGE ~ASEIVIENTS 9 Resolution 96-116 NCS authorizing the City Manager to sign grants for two power pole io easements for PG&E, one at the corner of Payran Street and Jess Avenue and the other i~ across the river but on the southerly side of Payran Street. The poles need to be iz relocated to accommodate the new Payran Bridge. Introduced by Matt Maguire, is seconded by I.ori Shea. ia Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilltops ts Noesc None 16 Absent: Hamilton i~ ItESO. 96-117 NCS is CI1'~ ATTOIZNEY b i9 Resolution 96-117 NCS approving amendment to employxnent agreement with Richard Zo R. Rudnansky, City Attorney. This reflects the decision by the Public Employees 2~ Retirement System (PERS) that contract attorneys are not eligible for PERS. za Introduced Nancy Read, seconded by Lori Shea. 2s Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilltops 2a Noes: None 25 Absent: Hamilton a6 ~SO. 96-118 NCS z~ ~LECOM1VIUl~TICATIONS - S~ 1896 as Resolution 96-118 NCS opposing SB-1896 (Costa) -telecommunications rights. The a9 legislation implies that anyone wishing to deal with a telecommunication facility sha11 so . be issued a permit without undue delay or unreasonable burdens. Local permit 3~ ordinances sha11 conform with the restrictions of this act. The provisions of the 32 legislation are far reaching and the final result will leave cities with little control over 33 the permitting process for telecommunications facilities, poles, dishes, and the like. 34 Introduced by Nancy Read, seconded by Matt Maguire. 3s Ayes: Maguire, Stompe, Read, Shea, Vice Maybr Barlas, Mayor Hilltops 36 Noes: None 3~ Absent: Hamilton ss ItESO. 96-119 NCS ~ 39 STA1'E ~iJDGET VO~ - SCA 26 ao Resolution 96-119 NCS supporting the Senate Constitutional Amendment 26 which a~ would reduce the vote from a 2/3 vote to a simple majority vote of the State Houses. May 6, 19~6 Vol. 29, Page 431 i SCA-26 RE: STATE ~~G~T cont'd. 2 It would provide for the statutes enacting Budget Bills to go into effect immediately s upon their enactment. Introduced by Lori Shea, seconded by Mary Stompe. a Ayes: Maguire, Stompe, Read, Shea, Vice May~r Barlas, Mayor Hilltops s Noes: None 6 Absent: Hamilton ~~ ~ ~ ~'ELECONIMZJIVICATIONS 8 This was on the agenda at the request of Councilwoman Read. She said the City 9 should take the leadership in addressing this issue. We should develop a master plan io for telecommunications equipment. A city in the south bay is asking $6,000 for the ii privilege of a business placing an antenna on a building for one month. We should be ~2 able to do something without being driven by the telecommunication industry. She i3 hopes the City will be able to take this one step further and give our citizens the ability ia to log onto the computer, tind out what the City Council agenda is. She and the Mayor is had a brief ineeting with Brian Wilson of the Television Access Center, who stated it i6 would be very easy. The ABAG is having a wireless communication workshop at the i~ end of May. When tl~e draft ordinance comes through, she suggests the ~s Councilmembers come up with ideas, such as, would it be possible to piggy-pack onto i9 the Chamber of Commerce Internet. This would require a limited amount of funding zo with the potential that we could be out there. If we could pull all the pieces together, Zi we could get into tl~e 21st Century in 1996 and not wait until the year 2000. One zz ffiought was the to~vec at Lucchesi Park could be used. The Internet address would ~ provide another vef~icle for community access. Perhaps the fees from renting City za property for communication towers could be utilized solely for Internet access and u related costs. Another thought was that there could be one access terminal someplace 26 our town for public linkage to City Hall. a~ RAILROAI) DEPOT AI~A zs Concern was expressed that the buildings located at the Raiiroad Depot area be 29 protected from being razed. It was suggested that a letter be written to the Rail 3o Authority stating that concern. 3~ CLOSED SESSION s2 At 5:10 p.m. the Council went inro closed session pursuant to the Brown Act for the 33 foltowing discussion: Conference with the Labor Negotiator, Michael Acorne and the 3a Employee organization AFSCME (Unit 3) pursuant to Government Code §54957.6. 3s ADJO~TRN 36 The Council adjourned to dinner at Dempsey's Ale House. s~ ItECONVEN~ 7:00 p.m. 38 Presenr. Maguire, Stompe, Read, Shea, Vice Mayor Barlas*, Mayor Hilligoss 39 Absenr. Haulilton ao * arrived at 7:40 p.m. at PLEDGE OF ALI.EGIANCE az David Hansen, Sonoma County Open Space District, led the Pledge of Allegiance to a3 the flag. ~ °`~ ?,,~ ,r•~. ~ .. , ~~v` ~ , . Page 432, Vol. 29 May 6, 1996 i 1VIOIVYEN'~ Ok' SIL~NCE 2 PUBI,IC CO1VII~ZENT 3 Karen Bailes, 836 Marble - regarding the Opportunity Center - she understands that a some of the schools have been used to shelter homeless. Why is this done only at s certain schools, like McKinley and McDowell? Discrimination takes in a lot of subtle 6 forms. Lower income neighborhoods need respect. They pay tai~es. 7 Pamela Morris, 608 East D Street - Opportuniry Center - regarding the Armory, we s hear year after year that the homeless will no longer be staying there. They are 9 supposed to be going to the old Holiday Inn in Santa Rosa, and..now they are not. io When are you going to find something permanent. Why are they using the "Kitchen" ~i now as a temporary Opportuniry Center? Things are happening already, but the trailers iz are not there yet. We are wilting to help to put something together. We did not get i3 any notice of this item coming to the City Council, and we were promised there would ia always be communication with us when the City Council was going to discuss the ~s issue. i6 Bruce Osterlye, 900 Melanie Court - regarding Lawler Reservoir - the water rights may ~~ be gone, because we are not using the water. You should keep them. ~s Camille Przewodek, 522 East D Street - Opportunity Center - she agrees with Pamela i9 Morris. The police say the teen center is a mess, a nightmare with gangs, obscure Zo language, out of control and there is weird stuff going on. There is drug dealing in the z~ neighborhood. You should reinstate the Police Drug Task Force. az Carol Fullerton. 250 Sunnyslope Road - there should be access to the buses with the ~ Library card. The Mayor advised her that was done last year. She said she wasn't aa award of that. u Will Stapp, 1625 Springhill Road, read a portion of their request for beginning the w process of an initiative petition for the November ballot. He asked the City Attorney to 2~ prepare the Ballot Title and Summary earlier than the statutory fifteen days, if possible. zs Pat Tassa, 604 East D Street - Opportunity Center - now that there is not going to be a as place for the homeless in Santa Rosa, and the San Rafael homeless shelter is closed, so they will all come to Petaluma. We will have a lot of traffic here. The teen center si problem is like the neighbors have already said it is. She told about a lady who is 3z living in the area who is frightened about being attacked. 33 ~~~~II. C~~~ 3a Nancy Read - regarding the Telecommunication Super Highway, she hopes we get an 35 Internet address as soon as possible. Stay tuned all you who have computers, we are 36 working on something hoping to get that Internet address. s~ ri Shea - Harry the dog (was shown to the public at tk~e last Council meeting) was sa adopted. She would }ike to have Recreation Director Jim Carr and the police come to 39 the Ciry Council and give a report. She has noticed a lot of negative acti~ity with ao youth, even in her neighborhood. She would be willing to attend meetings with the ai neighborhood in the Payran Street area and report back to the Council, if it is desired. ~ ~ ~ ~~ ~ ~ ~+~ May 6, 19~-6 Vol. 29, Page 433 i Matt Maguire - He often tinds ilimself in disagreement with some of his neighbors in 2 connection with the Opportunity Center issue and the interpretation of what it means to s see the people in the neighborhood; however, he does want them to be very sure the a public is noticed. Let's make sure the neighbors know when something will be on the s agenda relating to the Opportunity Center, even if it is a status report. 6 City Manager Scharer noted that a]etter ~vas to have gone out to the neighborhood a ~ number of days ago, and he asked Mrs. Morris to let him know if she did not receive s it. 9 Mr. Maguire expressed his feelings about the editorial comments by Pete Golis of the ~o Press Democrat on the Lafferty and Moon issue. The editorials have been `slamming' ~i this council for having disagreements and particularly for those of the Council on the ~2 minority in trying to keep Lafferty Ranch. Well Mr. Pfendler just doesn't want people is on his mountain and Mr. Maguire's motives are impugned. Mr. Maguire doesn't think ia the continual hammering on this issue really serves this city or the readers of the Press ~s Democrat. The only letters that get into the Press Democrat are the pro-swap letters. ~6 Are the greater needs of democracy being ~1~ade here? Maybe he's just not interested in i~ doing that. The Councilman predicts the public will strive to keep Lafferty and to the is degree we are successful at that is tlle degree to which Pfendler will refuse to sell Moon i9 Ranch. He went to a seminar on parliamentary procedure and they covered the 3 major Zo rules of parliamentary procedure which are: majority rule, minority rights and a~ privileges, and the rules exist for all. This speal:er was been interrupted numerous z.2 times. The chair does set the tone. z~ Mary Stompe - the last Leadership Petaluma was Criminal Justice day. The Police aa Chief was one of the co-chairs for the day. One of the things the Chief did was to zs distribute the City Pofice Department's Organizational values. She attended a Disaster 26 Preparedness training program last ~veekend. She thanked the Police and Fire 2~ Department for all their dedication to the City of Petalwna. as PROCI.AMATIONS a9 Mayor Hilligoss read three proclamations: 30 - May is proclaimed Shop Petaluma Month - presented to Oneta Pellegrini of the 3~ Chamber of Commerce. s2 - Thursday, May 16 is Bike to Work Day - presented to Patricia Tuttle Brown of the 33 Bicycle Committee. sa - May 5 to 11, 1996, is Hire a Veteran Week - to be presented at another function. ss WES~'R~GE I~NOI.LS 36 Vin Smith, Senior Planner, described the issue for the Council. At the time Westridge s~ Knolls was being designed, it was established that there be 75 acres of open space. ss That space exists no~v. The residents are requesting that the City take action that would 39 assure them and assure those perso»s who move to their neighborhood in the future that ao this land would remain in open space in perpetuity. The recommendations included ai either asking the County Open Space District to assume responsibility for the open aa space or to develop a deed restriction on the land. Speakers in favor of the proposal 43 included: .N. .,,..~~ ;~':,x,~; . , Page 434, Vol. 29 May 6, 1996 ., ~•: _. : .. - ` ..~~ ,~ " ~ . ' :~:;:~ , z: i Richard Braun, 141 Grevillia Drive - he brought in a petition with 72 signatures of a persons who support the request to place that land in open space in perpetuiry. He also 3 asked that the area that was to be a softball field be f nished so the neighboring youth a can play softball. s Laurel Hagen, 145 Grevillia Drive 6 Bruce Hagen, 145 Grevil'lia Drive ~ Steve Odetto, 157 Grevillia Drive a David Hansen from County Open Space Distriet recommended the City place a deed ~ 9 restriction on the land rather than asked the Open Space District to oversee it. io ii 12 13 14 is A unanimous vote of ~the Council (Hamilton absent) showed they were in agreement with tlie Deed Restriction on the open space area, as it would be the most efficient way to provide that sense of comfort to those neighbors. The Planning staff will pursue that avenue and oversee the preparation of the necessary documents. i6 RESO. 96-120 NCS i~ APPROVE CONDII'IONAL USE PE1tMIT ANI) is I)ENY APPEAL PAYItAN ~I~IDG~ is Resolution 96-120 NCS denying the appeal of 13 Payran Street residents from the Zo Planning Commission's approval of a conditional use permit to authorize replacement zi of the Payran Street Bridge and approving issuance of the conditional use perrnit. The az appellants said the City has been negligent in dealing with property owners' interests z~ and the acquisition of the necessary property has not taken place prior to the start of za construction. This has caused a distrust of the City's practices and caused a hardship zs on the property owners. The citizens have had no reasonable opporlunity to have input w regarding the bridge replacement, and no plans are in place to mitigate the burden of 2~ heavy and fast traffic on Payran 5treet. The bridge replacement is a project not Zs affecting the Petaluma River flood control project. The last reason for the appeal was 29 litigation has been invited rather than forestalled. so Wayne Lewis, 13 Payran Street, spoke on behalf of the appellants. He is concerned s~ about the commencement of the project prior to the compfletion of property acquisition. sz, This is simply a basic consideration. The appellants did not feel there was sufficient 33 consideration given to this item at the Planning Commission. He noted that the pylons 34 for the new bridge are going to be in the floodway because you car-'t afford to span the ss river in one span. Let Lakeville handle all this traffic until you have enough money to 36 do the job ~right. He feels the speed of traffic on Payran Street witl increase. They 3~ thank the appraiser, Mr. Hornsby, very much, because he is the only one who has ss returned their telephone calls. 39 In answer to the Mayor's inquiry why traffic is going too fast on .Payran Street, the ao City Engineer noted that it is 30 miles per hour except at the school zone when children ai are present. There will be a 4-way stop at the intersection of Payran and Jess/Rocca. aa After the bridge is opened, they will do a traffic survey. The pylons have been 43 designed for this bridge, because a bridge that would not require that type of support 44 would be more costly and would affect the U. S. Army Corps of Engineers cost:benefit as ratio in a negative manner. . _ , . ,, May 6, 19~6 Vol. 29, Page 435 i They have gone out to bid on tl~e Payran Bridge, and there is a sufficient construction z time available prior to the start of the rains. They have figured that construction s window to be between April and October. a The City does try hard to accomplish property acquisition prior to start of construction; s however, it did not work out that way witt~ this project. A newsletter is being prepared 6 now. It is the plan to let the neighbors know what is happening with the project as it ~ progresses. 8 Funding has been coming slowly from the Federal Government. It looks like this will 9 be the last flood management project of this type in the United States. ~o The contractor has until the end of December to complete the project, but staff is ii hoping the bridge will be built vy sometime in November. The Lakeville bridge over i2 the Petaluma River ~vill be letit in place during the winter. They are hoping the 4-way is stop at the intersection of Payran and Jess/Rocca will discourage people from taking up ~a Payran Street as a through-way. However, the City Engineer noted that it is a minor ~s arterial. ib The Council directed staff to erect the 4-way stop signs before Payran Street is i~ reopened to traftic. A Councilmember noted the appeal issue sounds like lack of ~s notification and suggested staff consicleration of placing an ad in the local newspaper i9 about the subject. Zo It was moved by Nancy Read, seconded by Lori Shea, to adopt Reso 96-120 NCS Zi denying the appeal of the 13 Payran residents, approving the conditional use permit for 22 the Payran Bridge, and directing staff to erect the 4-way stop signs at Payran and ~ Jess/Rocca prior to the reop~ning of Payran Street. 2a Ayes: Maguire, Ston~pe, Read, Shea, Vice Mayor Barlas, Mayor Hilltops 25 Noes: None 26 Absent: Hantilton a~ as ~SO. 96-121 NCS MAXWELI, SUBl)IVISION -1VEG. I~EC. 29 Resolution 96-121 NCS approving a mitigated negative declaration of environmental so impact for the Maxwe(1 Subdivision. This hillside subdivision is designed with 14 3i residential lots, a private road, a]arge non-development easement, and an open space 32 easement. The entrance to the subdivision is across D Street firom Windsor Drive. The 33 entire area is approximately 19.6 acres. This property was annexed as part of the 3a Sunnyslope Annexation in 1991. The Sunnyslope Annexation process included 3s adoption of a PUD for that area. Zoning on this land is R1-20,000. The ordinance 36 (below) calls for an amendment to that R1-20,000 zoning. 3~ The developer proposed that Noelle Drive (150 feet) be dedicated to the City, but the ss Engineering Department recommends that all streets in the subdivision be private 39 streets. The Engineering Department is also recommending that the development ao extend water service to augment available water pressure needed for future a~ development of lands to the east (lands of Fullerton). The water line would extend to a2 the end of Maranatha Lane through Lot 10, because that would a11ow for future 43 extension of the Zone III Water System to adjacent properties within the urban limit 44 lines. The water line ~vould be increastd from an eight inch (8") main to a twelve inch as (12") main and a~vater payback agreement would be incorporated with the documents a6 for the project. .~` ,~',M,4 . , . . . ' ~ . . . ~ ' Page 436, Vol. 29 May 6, 1996 .. _ .;+'~ '' ..»N.e. . . ,Y-.~'. ,~. - _ . ~ The Planning Staff recommends altering the lot line between Lots 1 and 10 to coincide z with the easterly side of the non-development easement. The resolution approving the s mitigated negative declaration of environmental impact was introduced by Mary a Stompe, seconded by Lori Shea. s Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss 6 Noes: None . ~ Absent: Hamilton s OItD. 2013 NCS . 9 ~ 1~AXWELL SiJBDIVISION io Introduce Ordinance 2013 NCS amending Zoning Ordinance 1072 NCS by rezoning ii Maxwell Subdivision from a PUD at R1-20,000 to PUD. i2 Bonnie Diefendorf, engineer for the developer, requested that the staff xecommended is lot line change between Lots 1 and 10 not be made. She also questioned the possibility ~a of the developer'ever being able to get any payback from the oversizing of a water line. ~s The owner of the neighboring lot, Carol Fullerton, said she would not need to connect ~6 to the 12" water line that they have been discussing. She has talked to Mrs. Ward, i~ next door, and she isn't interested in doing anything at this time. is Gerry Coros of Inverness represented the owner Dr. and Mrs. Maxwell - noted they i9 have reduced the number of homes by 50 ~. The highest and best use of the property zo is to cluster the homes. 21 22 ~ za zs 26 a~ Zs 29 30 31 32 33 34 35 36 37 38 It was moved by Mary Stompe, and seconded by Lori Shea, to introduce tfie ordinance and make the following notations in the appropriate documents: l. That Noelle Drive be a private street, and 2. To move the lot line between Lots 1 and 10 to its original configuration, and 3. To use a 12 inch pipe line with no extension of the line, and 4. A dedicated water easement will be included on the final map. Planning staff will undertake a study in-house to take a look the water needs and return to the Gouncil with the conclusions of that study. Language will be included in the documents relating to the 12" water main issue in such a way that it will be creating sufficient processing and approval flexibility, so if there is no need for the increase in size of the water line or a need for the extension that water line, it can be dropped. Ayes: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss Noes: None Absent: Hamilton , ~G May 6, 19~6 Vol. 29, Page 437 1 AI9JOURN 2 At 9:40 p.m., the meeting was adjourned to a meeting on Monday, May 13, at 7:00 s p.m. a 5 ~ ~ 7 ` . ~J' s M. Patricia Hilligoss, Mayor 9 ATTEST: io it 12 is Patricia E. Bernard, City Clerk