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HomeMy WebLinkAboutMinutes 10/02/1995October 2, 1995 Vol. 29, Page 223 i 1VIINjJTES 2 i OF A REGULAR NYEE~'ING 3 ~ PE'~"ALUNIA CIT~" COUNCII. a MONDAY, OC~'OBER 2, 1995 s ROLL CAI.L 3:00 p.m. 6 ' Present: Hamilton, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss ~~, Absent: Stompe*, Barlas*, Mayor Hilligoss a ~ *- were attending Sonoma County Transportation Authority meeting 9 MINUTES I io The minute's of the September 11 meeting were approved as submitted. / ii The minuteis of the September 18 meeting were approved as amended: ia Page 207, Line 1- capitalize "F" in Florin/ i3 Page 208, Line 15 -"...divide that land into three 20 acre parcels.."~-- ia Page 211, Line 31 - instead of calling the streets `~iead end" Council wants them called is "no ingress~or egress" v 16 CONSEN'I' CAI~ENDAR i~ The following items which are noncontroversial and which have been reviewed by the City is Council and staff were enacted by one motion which was introduced by Nancy Read and i9 seconded by Matt Maguire. 2o I Ayes: Hamilton, Maguire, Read, Vice Mayor Shea 2i Noes: None 22 Absent: Stompe*, Barlas*, Mayor Hilligoss 2s ~ *- were attending Sonoma County Transportation Authority meeting 2a ' RESO. 95-252 NCS 2s ~ CLAIMS AND ~ILLS z6 Resolution i95-252 NCS approving Claims and Bills #49384 to #49678. ~ 2~ ~ I2ES0. 95-253 NCS Zs ~ RESIGNATIONS BUDGE~' COIVIMIT'TE~ z9 Resolution I95-253 NCS accepting resignations of Arthur Kerbel and John Schloetter from so the Budget Committee. si ~SO 95-254 NCS 3a ~ RESIGNA~'ION MOSQ~JITO ABATEMENT 33 Resolution ~95-254 NCS accepting the resignation of Richard Ryno as representative on 34 the Marin-Sonoma Mosquito Abatement District. Page 224,vo1. 29 i RESO. 95-255 NCS z APPOINT TO SONOMA CO ORITY 3 Resolution 95-255 NCS appointing Mary Stompe to the S~noma County Transportation a Authority to replacle Councilwoman Barlas who }ias resignec~ from the Authority. s RESO. 95-256 NCS ~ ~ FLEXIBLE HEAL~'H BENEFITS ~ Resolution 95-256{ NCS establishing a§125 Internal Revenue Service Cafeteria Plan for s Medical and Dental Gtoup Insurance and Health Maintenance Organization contracts. 9 This action will allow employees through the meet and confer process or their io compensation plan for Unit 1- Confidential, Unit 4- Professional, Unit 6- Petaluma ii Peace Officers Association, Unit 8- Management, and Unit 9- Mid-management, and to ~2 participate in a plan which, with proof of health coverage from another source, will allow i3 an employee to be ~deleted from City of Petaluma health plan coverage, and said premium ~4 will be refunded to the ernployee. ~s RESO. 95-257 NCS i6 UTII,IT~' ENGINEER ~~ Resolution 95-257'NCS establishing the employee position of Utility Engineer, approving is the job description, and establishing the salary range in Unit 9 for the new Personnel i9 classification. zo ORD. 1993 NCS ~ zi PARKING ENFORCEMENT'PROGRAM 22 Adopt Ordinance 1993 NCS amending the Municipal Code relating to Blue Curb 23 markings and misuse of Biue Curb parking spaces. Introduced by Jane Hamilton and 24 seconded by Mary ~Stompe on September 18. 2s ORD. 1994 NCS 2~ LOT ACCESS - add: ALLOWANCE TO UTILIZE AN ~ASEIWIEN~' ~ z~ Adopt Ordinance 1994 NCS amending Municipal Code §2U.28.020 to include provisions Zs for accessing up to five lots by use of an access easement between the street and the fifth 29 lot. Introduced by~Mary Stompe, seconded by Carole Barlas on September 18. 30 ~ * * * * *End of Consent Calendar * * * * * 3i PRESENTATION October 2, 1995 3z Mr. Ted Baer of th'e California State Automobile Association presented a Safety Award to 33 the City of Petaluma ~ October 2, 1995 Vol. 29, Page 225 1 ORD. 1991 NCS 2 ~tA1NIER PLAN LINE s Adopt Ordinance 1991 NCS establishing the Rainier Cross Town Connector and a Interchange Plan Line. Introduced by Mary Stompe and seconded by Vice Mayor Shea on s September ~18. The vote to adopt was: 6 ~ Ayes: Hamilton, Read, Vice Mayor Shea ~ ~ Noes: Maguire s Absent: Stompe*, Barlas*, Mayor Hilligoss 9 *- were attending Sonoma County Transportation Authority meeting io TEEN PROGRAMS i i Skateboard~ - The meeting with the Fair Board resulted in almost totai agreement with the ia City Council's suggested amendments to the agreement for construction of a skateboard is park. ~ ia There was !one item that did not change, and that is the cost of parking. A part of the is agreement includes use of a City soccer field, Carter Field, for parking during the Fair in i6 June. The Fair is charging the City of Petaluma a$2,400 parking fee each year for the loss i~ parking because of the skateboard park. If the Fair decides to mcrease their parking fee, is that $2,400 parking fee charged to the City will be increased as well. The Council is ~~9 concerned about that potential cost increase. Regarding the impact that parking may have ao on that soccer field, it was noted the field is in such shape that youth soccer has not used 2i the field for a couple of years. 22 Kenilworth Teen Center - The Teen Center is being used by the teens and the head counts as are going up to about 80 to 100 teens on weekend evenings. There are some minor 2a difficulties ~such as a rough group is abusing parts of the facility: they pushed a Coke 2s machine onto its side, did damage to the back of a couch, and other such things. Staff is a6 meeting with the Police Department to develop strategies to try to eliminate that type of z~ behavior. I 2a I, ~SO. 95-258 NCS z9 ' OUTS~E SEWER - ST. JO~IN'5 LiT'I'~ERAN CHiTRCH so Resolution 95-258 NCS modifying the approval of an outside sewer connection for St. 3~ John's Evangelical Lutheran Church located at 455 McNear Avenue. The resolution 32 repeals Resolution 95-176 NCS in its entirety and ;addresses the expansion plans of the 33 church, which provide for an addition of approximately 4,200 square feet. Introduced by 34 Nancy Read, seconded by Matt Maguire. 3s Ayes: Hamilton, Maguire, Read, Vice Mayor Shea 36 Noes: None 3~ Absent: Stompe*, Barlas*, Mayor Hilligoss 3s ! *- were attending Sonoma County Transportation Authority meeting 39 I2EI)WOOD BUSINESS PAItK - AD 23 ao This is the time and date for the public meeting in connection with formation of ai Assessment District 23 - Redwood Business Park 3. A public hearing is scheduled for az 3:00 p.m. on October 16. Staff reviewed the proposed assessment district and the Council 43 was assured that the proposed public improvements, which are part of the assessment 44 district costs, will not aggravate or increase flooding downstream. Page 226,Vo1. 29 October 2, 1995 i Planning Director' Pamela Tuft advised that there will he no change in the zoning 2 classification of Flood Plain Overlay District as a result of these public improvements 3 which include the following: a A. Construction of an e~ension and improvements to North McDowell Blvd. s B. Construction of a bridge on North McDowell over Willow Brook Creek 6 C. A portion I of the road and bridge improvements on Old Redwood Highway ~ adjacent to~ the project, including the replacement of the Old Redwood Highway a bridge over Willow Brook Creek. 9 D. Utility improvements, including storm drainage, water and gas, and underground io telepfione, electrical and cable TV ii E. Widening of Willow Brook Creek between Old Redwood Highway and U. S. ia Route 101 ~ ~s F. The payment for permits, licenses, and the construction of all au~liary work ia necessary ti complete the above described improvements. ~s The hearing was opened. There was no one wishing to speak and the hearing was closed. ~~ The hearing will be reopened in the afternoon Council meeting of October 16 for final i~ action. No action was required of the Council at this meetin;. is RESO. 95-259 NCS ~ ~9 DRILLING U'TII.ITIES ~- PETALUMA RIVER/PAYRAN S~'REET zo Resolution 95-259 NCS approving plans and specifieations and awarding contract to 2i Arrow Trenchless,, 7307 Roseville Road, Sacramento CA in the amount of $45,678.00, zz for directional drilling of utilities across Petaluma River at Payran Street - Project 9831. z3 This project is fo'r utility relocation which is necessary for demolition of the existing za Payran Bridge. Introduced by Matt Maguire seconded by Jane Hamilton. 2s Ayes: Hamilton, Maguire, Read, Vice Mayor Shea 2~ Noes: None ~ 2~ Absent: Stompe*, Barlas*, Mayor Hilligoss 2a *- were atteriding Sonoma County Transportation Authority meeting z9 REPORT ON VICTORIA SUB~IVISION SLIDE REPAIRS 3o Staff reported on the landslide repair which took place on part of as well as behind lands `in 3~ Phase III of Victoria Homes. The grading occurred in the Helen Putnam Regional Park as 3a well. The approval angle of slope repair was'2:1; however, the soils engineer advised the 33 developer to revise the slide repair strategy in order to gr~de the slopes at a 3:1 ratio, 34 which is a flatter angle. The alteration angle:of`the slope was amended because the soils 3s engineer discovered the area of weak soil in the slide ar~:a was deeper than originally 36 estimated. As a result, a considerably larger amount of soil was moved than had been 3~ originally planned. ~ ss Neither the City nor the County knew of the change in slope grading from 2:1 to 3:1 nor 39 did they know about~ the additional 'soil movement. By the time the `i-evised" project was ao discovered, the grading was nearly complete. October 2, 1995 Vol. 29, Page 227 i A new permit was issued for completion of the work within the Victoria Subdivision z boundanes. It is staf~s understanding the County will require the developer to restore the s parkland, establish a trust fiind for on-going costs- of ~maintenance, and/or replacement of a subdrains, and/or slope areas as needed. The developer will also have to contribute funds s to a mitigation program for park improvements to compensate for damage caused by 6 placement of the unapproved grading materials. Staff noted there will be a modification ~ to the procedures of City staff when grading has been approved, so that it will be s mo i'tored more closely than this job was monitored. 9 Staff noted that had the developer advised the City staff and County Parks Department io been advised of the soils findings prior to the extra work performed, it is likely that i i consensus could have been achieved to change the grade to a more gentle 3:1. ia Speakers were from the McNear School6th Grade class: ~3 Sivan Lipman, 1603 Marilyn Circle - the class found evidence of two underground ia spnl gs. is Zack Tickler, speaking for Cody McGow - 9 acres was bulldozed. They were trying to i6 stop erosion. They dug up mostly dirt and clay. With the clay on top it will crush the i~ soft'er dirt and cause more erosion and cause more hazardous problems. is Bryanna Silva, 415 7th Street - will this change the way the water runs down the hill? i9 That may cause plants to die. Zo Kristina Chamberland, 1237 B Street - we found hundreds of species of animal habitats. zi The habitats were bulldozed. How do you restore habitats? 22 Miro Fok - are you going to allow people to build houses on the site that was bulldozed? 23 Staff advised the students where the house construction would be by showing the location Za on the overhead viewer. 2s Staff advised that there will be traditional spraying of a seed impregnated matting onto the 26 hillside. Water seepage will be directed toward the creek. The 6th graders from McNear z~ School were thanked for their concern and for coming to the City Council to share their zs thoughts. ~ 29 ~ ADJOiJRN 3o At 4:15 p.~m., the Council adjourned. Dinner was scheduled to be at McNear's, 23 si Petaluma Blvd. North. 32 12ECONV~NE 7:00 p.m. 33 ' Present: Stompe, Maguire, Read, Vice Mayor Shea 3a ; Absent: Hamilton, Barlas, Mayor Hilligoss 3s ~ PLEDGE OF AI,L~GIANCE 36 Mary Stom'pe led the Pledge of Allegiance to the flag. ~ 3~ ~ 1VIOMEN'T OF SII,ENCE ~k':~i,jlt'~Y . ' !~ . . . ~1d„H' ,fl :iN~. ~. Page 228,Vo1. 29 , October 2, 1995 i PUBLIC COMIVIENT 2 Will Stapp, 1625 Springhill Road - sorry for speaking off the agenda last meeting. This is 3 one of the most passionate issues sinse the country has been formed. He talked about a some land near th~e Ishi Wilderness that is in litigafion relating to Mr. Ffendler. He also s read some material on habitat for eagles which included information about aetivities that 6 would bother the eagles, like building roads and trails. ~ s Matt Maguire - addressed his disappointment with the tenor of the article and the editorial 9 in the Press Democrat on Sundaywhich discussed the Lafferty and Moon Ranch issue ~o Mary Stompe - comrnented about participating in the 24-hour relay a week ago. She ~ ~ thanked the employees who participated also. iz Vice Mayor Shea ~-. thanked Svend Holst for his coverage of City Hall for the Argus i3 Courier and wished him well in his future years. ~ ia PROCLAIVIATION is Vice Mayor Shea read a proclamation i6 presented it to Battalion Chief Glockner. for Fire Prevention Week October 8 to 14 and i~ SIGNAL ALTERNAT'IVE - MCDOWEI.L AT BAYWOOI9 is The City of Petaluma was in the process of awarding a bid for traffic signals at the i9 intersection of McDowell Blvd. South at Baywood in August of last year; when the 2o neighbors requested the City reevaluate the project. So, in October the bids for traffic zi signaPs were rejected. Since that time the Traffic Engineer has been reviewing aiternatives zz with the thought there may be a traffic design that would satisfy the needs of the two zs streets and the needs of the neighbors. The result is a suggestion the City look at the 2a possibility of const~ructing a`Youndabout;" which is a traffic alternative used successfully zs m other countries. The proposal is to develop an attractive intersection with a circular z~ design, landscaping in the center and a way to control traffic speed. The City Council was 2~ asked to advise staffwhether or not they would be interested in such a traffic design. The zg Council agreed this should be directed to the Tcaffic Committee at its meeting on October 29 31, and then the idea should be directed to the neighbors. 3o LAKEVILLE FIIGF[WAY ROAD IMPROVEMENTS - AD 24 s i The City Council has scheduled two opportunities for the property owners in the proposed 32 assessment district~ to address the Council regarding the ;proposal. Finance Director ss David Spilman reviewed the proposed project and intrbduced Engineer of Work Dennis 34 Klingelhofer who addressed the assessment district and the distribution of assessments. It 3s was noted that sta,ffhas been meeting with property owners since April. At the time that 36 buildings were approved by the City for construction in the assessment district area, the s~ Planning Department included in the first discretionary actic-n for each parcel a statement 3a of the fact that there will be an assessment district formed in the near future to widen 39 Lakeville Highwayi In answer to Council question, staff noted those conditions are not ao legally binding. ~ ~ i October 2, 1995 Vol. 29, Page 229 ~ i The fundirig sources are State of California 15% -$1.6 Million; redevelopment 2 commission 42% -$4.6 Million; and Assessment District 43% -$4.7 Million. s Dennis Klingelhofer, Engineer of Work, said the assessments were allocated by a a) cost to property owners fronting on Lakeville Highway and s b) pro-rata share of improving traffic capacity of Lakeville 6 Highway. ~ The benefit's to property owners are: s a) upgrade signals, 9 b) left turn lanes, ~o c) increase safety. i i The general benefit to all users of the highway are i2 a) reduced congestion, is b) improve traffic flow, ~a c) improved traffic safety, is ~ d) improved access to businesses, i6 e) enhancement of employment and economic development i~ opportunities in the City. ia The cost allocation to assessment properties is as follows: i9 ~ a) curb, gutter, sidewalk 100% 2o b) traffic signals 50% [City 50%] zi c) access improvements 36%0 [City 64%] Zz The assessment cost allocation is as follows: 2s a) frontage $1.00 Million 22% Za b) traffic generation $1.85 Million 39% Zs c) area $1.85 Million 39% 26 The average lien is $0.34 per square foot. The estimated annual assessments will be $0.03 a~ per square foot of land area. Those who have constructed improvements that do not Zs match the current design will not be asked to update the improvements. That will be 29 picked up liy the City. The following persons spoke: so Russ Kennedy, Sola Optical, 1500 Cader Lane - he has been involved with this for 6 3i months. He continues to be opposed to the assessment, but he supports the project. The 3z problem is 'the method of funding. We are looking for solutions that would be agreeable 33 to a broader base. There are 382 acres involved and 80 businesses involved. The protests 34 are up to 56% and that figure may climb higher. The property owners that are in ss agreement with the assessment distnct are either developers or are retail oriented. The 36 manufacturing companies are not looking for more traffic in the area. ~ . : ~~ Page 23o,vot. 29 October 2, 1995 ~ i ~ The people who will be paying are not the people who will be using the highway. In 1992 2 the amount of traffic from the assessment area was 29%. The highway has 20,000 cars a 3 day; that would mean approximately 6,000 cars are coming from the assessment district. a There is a gross error there. At buildout traffic will go up to 33,000 cars a day on s Lakeville. To believe that 11,000 cars a day will come from the assessment district area is ~ inconceivable. One-third of the traffic pattern is not going ir~to t}ie assessment district. ~ The City of Petaluma should be creating a positive business elimate. We are not creating a s positive business climate in Petaluma with this assessment district. I think we could 9 reconsider the project, broaden the assessment boundary, contact the State, and listen to io the respondents. ii Valerie O'Brien, The Stero Company, 3200 Lakeville Highv~ay - we have 103 employees. iz We believe the work to be performed benefits a much larger group of the community and is they are not includ~ed in the district. She did a survey on noise level - from the trucks it i4 can to over 90 or 100 decibels (dB). The current OSFIA level required to provide ~s protection is under 80 dB; over 80 dB, hearing protection is required. 'They have a large i6 tree that acts as a sound barrier. They are concerned it will have to come down. They i~ have no direct access to their company from Lakeville, yet they will be assessed for curb, ia gutter and sidewalk. When you widen the highway, it will ji~st move the bottleneck down i9 the road a piece. The State ought to pay for this project. zo Marisabel Sanchez, Kaiser Permanente, Lakeville Highway - they are in support of the 2~ highway widening, but they are opposed to the assessment district. The methodology is 22 unfair and unprecedented. They do not believe the benefit they will receive will match the 23 assessment they will have to pay. They are willing to offer their expertise to help broaden 2a the base of the assessment and relieve the burden from a small number of properties. 2s Dan Bennett, U-Haul, 500 Paul Avenue, San Francisco - they believe the assessment 2~ district may be necessary but they do not believe the benefit they will receive matches z~ what they will have to pay. zs Patricia Peck, 640 Sunnyslope Avenue - agrees with the points Mr. Kennedy made: The z9 assessment i"s too high; the group being assessed is too small; this is a state highway. She 3o has again contacted a lobbyist in Sacramento requesting information about getting some 3i assistance. Now is the time that CALTRANS is working on their next budget. She 32 brought in a listing of where one's Department of Motor Vehicle fees go. One of the 33 listings was $.531 billion to State Highways. She asked, `VVhere is all the money we pay 34 to the State of California in taxes and fees for roads?" I _ 3s Chris Christensen, j Lakeville Mini-Storage - some of the ~roperty owners are still hot 36 about the sound-wall that was built after the last Lakeville Assessment District attempt. 3~ This was not a benefit to the businesses in the area. This is unfair. This is a State ss highway. Property owners were afraid to oppose the soundwall, because they feared the 39 reaction by the City when they needed permits. He also asked where all the taxes and fees 4o are that we pay to the State, and why do we not get any of them. Was there a traffic study 4i to determine the number of vehicles the Assessment District area generates. Our business az is not going to increase traffic. October 2, 1995 Vol. 29, Page 231 ~ We get maybe 25 customers a day, yet we are asked o pay $225,000. We don't need z street improvements, because we were not allowed to get access off of Lakeville. Also we 3 were requtred to give the City 50 feet for roadway. He doesn't think the property owners a across the street are having to generate some money, yet they use the highway. The s businesses have not found an assessment district that has jeopardized businesses like this 6 has.~ ~ For alternatives he suggested if the State Highway doesn't have the money to widen s Highway 116 for through traffic, then it shouldn't be a State Highway. They should 9 eliminate it and deny trucks to use it. City could bond through future payments and io CALTRANS pay off bonds. Delay construction of the widening until such time as the i i State has money to do so. ia The're being no one else wishing to speak, the public comment was closed until October i3 16. ~ At the October 16 meeting the hearing will be reopened and continued to the ia aftemoon of November 6. A notice will be sent to the property owners. is itESO. 95-260 NCS 16 SEWEl~ 5-XEAIZ C~ ~~ Resolution i 95-260 NCS approving the 5-year Sewer Capital Improvement Program. ~s Assistant City Engineer Mike Evert presented the Sewer CIP program by reviewing each i9 item listed. He answered the Council's questions. Introduced by Matt Maguire, seconded Zo by Mary Stompe. 2i I Ayes: Stompe, Maguire, Read, Vice Mayor Shea 22 ' Noes: None 23 ; Absent: Hamilton, Barlas, Mayor Hilligoss za NUISANCE A~A'I'EIYIEN'~ - 501 D STREET ~s This item was removed from the agenda. The nuisance has been abated. (Escrow closed 26 on the house sale on the day after the Council meeting.) 27 CO~JNCII. AND S'I'AFF REPORTS Zs Councilmember Read noted that Bonne Gaebler and Pamela Tuft attended a meeting with 29 her last week. The City was complimented on the status of low income housing in this 3o City. 3i Mary Stompe attended the Sonoma County Transportation Authority meeting this s2 afternoon. The Transportation and Land Use Study that was discussed by the Council at 33 the last meeting. Mary noted that she had sent a letter to each Councilmember noting she sa is opposed to the expenditure of $400,000 for the study; but the message that went to the 3s Sonoma County Transportation Authority was that the Council was split on the issue, and 36 the representative abstained on the vote. She suggested it might be appropriate for this s~ Counctl to~ have a discussion on what is the appropriate form of notice for Council 3a representatives to various organizations, because there was adeyuate notice given to every 39 member of i he Council, yet the representation was different than she believe rt should have ao been. ai Pamela noted she had submitted to the Council the draft document of the subregional pilot a2 planning project that was funded an ABAG grant. It will be on the agenda the afternoon 43 of October ~16. She would like to collect the copies at the end of the next meeting. rl~, n,t~.. .. ~ ~ , , i~ ~ ... . Page 232,Vo1. 29 ! October 2, 1995 I i City Manager Scharer noted that Uiacom has satisfied their obligation under the franchise a agreement and brought ini today their check for $500,000, the full amount of their first 3 payment under the franchise. The third year they will owe the City another $290,000. ~ The 501 D Street nuisance abatement issue has been all cleaned up and boarded up. He ~ s thanked the Petaluma Elks Lodge who spent the last 3 days cleaning up the house so that 6 Cuz Boyington could meet the nuisance abatement requirements. ~ 's At 9:10 p.m. the meeting was adjourned. 9 ~ ~ 10 ~ 11 12 13 14 is ATTEST: 16 I 17 _, 18 % // , , v ~ i9 Patricia E. Bernard, City Clerk ADJO~JRN ~ O Lori hea, Vice Mayor