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HomeMy WebLinkAboutMinutes 01/17/1995January 17, 1995 Vol. 29, Page 9 i 1VIINU~'~S z OF A REGULAR MEE~'ING 3 PE~'AI.~TIVIA CIT~ COUNCII. L a ~'~JESDAY, JANUAR~' 17, 1995 b, s ROI.I. CALL 3:00 q.m. 6 Present: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss ~ Absent: Barlas s PUBI,IC COMMENT 9 Barry Lawrence - noted that while he was visiting Tennessee, he noticed Petaluma actress io Winona Rider was referenced in their news. i i COiJNCII. COMMENT i2 Nancy Read - regarding the Orange County need to file bankruptcy because of is investments that had not produced good results, there was an article in the weekend ia edition of the Santa Rosa newspaper that gave a clear description of Sonoma County's is less risky investment policy. She also complimented the stai~s actions in activating the i6 Emergency Operation Center during the January 8 and 9 flooding. i~ Mary Stompe - in response to a recent bulletin from the League of California Cities, asked is staff what impacts the State will have on the City's budget. Staff responded that the State iv will make many changes to their proposed State budget between now and the time it is zo finally adopted. And, the State rhetoric will continue until the budget becomes final. Zi CONSENT CALENDAR 22 The following items which are noncontroversial and which have been reviewed by the City 23 Council and staff were enacted by one motion which was introduced by Lori Shea and Za seconded by Matt Maguire. 2s Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 2s Noes: None z~ Absent: Barlas Zs ~tESO. 95-09 NCS 29 C'I.A~MS ANID BII.Y.S so Resolution 95-09 NCS approving Claims and Bills #41715 to #42041. 3i RESO. 95-10 NCS 32 SURPLUS - WATER 1VIETRS 33 Resolution 95-10 NCS declaring various water meters surplus and authorizing their sale 34 This amounts to 1,000 water meters which were replaced during the fiscal year. Page 10, Voi. 29 January 17, 1995 i RESO. 95-11 NCS z RE-RO.OFIN~ 22 ~ASSETT STREET - HENRIS 3 Resolution 95-11 NCS accepting completion of the re-roofing jo6 at 22 Bassett Street by a Henris Roofing Company. The total cost was $11,800. s I2ES0. 95-12 NCS s F'IRE DEPARTMENB' AIl~ PACKS ~ Resolution 95-12 NCS authorizing purchase of 4 Su~vivair Sigma Self-Contained s Breathing Apparatus and 29 Survivair face pieces from Survivair Sigma for $11,181.18. 9 12ES0. 95-13 NCS io SEWER VIDEO CAMERA PLTRC~IASE ii Resolution 95-13 NCS authorizing purchase of a sewer video eamera and inspection iz transport vehicle from R. S. Technical Services, Inc., for $22,575 from the Sewer i3 Enterprise Fund. ia * * * * * End of Consent Calendar * * * * * is B'EEN PROGRAIVIS i6 Recreation,Director Jim Carr noted that the Fourth District Agricultural Association "Fair i~ Board" has approved the installation of a skateboard park on the fairgrounds behind the ia Municipal Swimming Pool. However, they, as well as the schools, have expressed their i9 wishes to parficipate in the design. Regarding the use of 'Kenilworth Recreation Center 2o for the :teen groups, the staff will begin to transfer the current uses to other sites. It is zi hoped the facility will be available to the teens by the end of March. More information 2z will be forwarded to the Council as the project progresses. 23 Ed Apelzin, Adobe Squares (square dance group), addressed the Council expressing their aa concern about the possibility of losing the use of Kenilwarth Recreation Center. They as have used that site since 1963 for their square dancing and wish to continue to use that as site, or, in the alternative, to use another site suitable for their square dancing. s~ . William Steele, Adobe Squares - he noted the local schools have made it~ very clear to The zs Adobe Squares that they cannot use school facilities for thein square dancing. 29 Recreation Director Carr noted he will continue to work with the Adobe Squares to 3o resolve their concerns. At this time, they use Kenilworth r~n Tuesday evenings. During 3i the phas'ing-in of the teen use, the only weekday the facility will be used by the teens is s2 Thursday. 33 1tES0. 95-14 NCS 34 "ADA" ANNUAL PLA1V UPDATE - PARA'I'RANSI'I' 3s Resolution 95-14 NCS authorizing acceptance of the Pet~luma Paratransit - Americans 36 with Disabilities Act Annual Plan update. In the 1994 calendar year the City'began taking s~ reservations for paratransit service on Sunday, established finll Saturday service, monitored 3s ridership, established a$1.50 fare for all paratransit riders, reduced subscription 39 scheduling to 7anuary 17, 1995 Vol. 29, Page 1 ~ . i 50% and completed the six "service criteria" which are required in order to be in full z compliance with the Paratransit regulations of the Metropolitan Transportation 3 Commission. The public hearing was opened; there being no one wishing to speak, the a hearing was closed. Introduced by Vice Mayor Read, seconded by Matt Maguire. s Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 6 Noes: None ~ Absent: Barlas a 1tES0. 95-15 NCS 9 ~IRE TRUCIC PURCFIASE io Resolution 95-15 NCS authorizing contracting with 3D Manufacturing for the production ii of a 1,500 gallon-per-minute Class "A" custom fire pumper for $259,612.50. This iz purchase will be financed over a ten-year period. David Spilman, Finance Director, noted ~3 the financing cost will be about $38,000/year. He said the City has not yet gone out to the ia leasing companies to establish a contract on equipment lease/purchases. In response to an is inquiry about borrowing from another City fund, he noted the only fund that would have i6 sufficient monies is the Development Fees fund, but that already has some budgeted i~ obligations. State law now requires interest payments for any municipality that borrows is between municipal funds, so the City would have to pay interest at about the same rate i9 that it will cost to borrow on the open market. It is anticipated that, although the pumper 2o will be purchased from Wisconsin, there will be a State Sales and Use Tax remuneration to zi the City of 1%. Introduced by Mary Stompe, seconded by Vice Mayor Read. 22 Ayes: Shea, Maguire, Stompe,.Hamilton, Vice Mayor Read, Mayor Hilligoss 23 Noes: None 2a Absent: Barlas zs 26 RESO. 95-16 NCS I,INDBERG LANE - STOR1i~I DRA1N 2~ Resolution 95-16 NCS approving an agreement with Sonoma County Water Agency for zs funding the Lindberg Lane storm drain in the amount of $75,000. The total cost of the z9 project is estimated to be $120,000. Mr. George Honore, of H& H Properties of San 3o Jose, intends to construct the storm drain which will benefit his property. (See Resolution si 95-17 NCS, which follows this agenda item.) The Sonoma County Water Agency agrees 32 to participate in the storm drain project in the amount of $75,000. When the project is 33 complete and the funds from the Sonoma County Water Agency are received by the City, 34 the funds will be transferred by the City to Mr. Honore. Introduced by Matt Maguire, 3s seconded by Jane Hamilton. 36 Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 3~ Noes: None 3s Absent: Barlas 39 ItESO. 95-17 NC5 ao I,TNDBERG LANE - STORM DRAIN -~& I~ PROP~ItTIES ai Resolution 95-17 NCS authorizing execution of an agreement with H& H Properties to a2 install the Lindberg Lane storm drain. George Honore, San Jose, owner of 949 Lindberg a3 Lane, requested the City to participate in funding the project (see Resolution 95-16 NCS). aa The Sonoma County Water Agency agreed to participate in the cost of the project in the as amount of $75,000.. ~„~,. .~_ -. , Page 12, VoL 29 .~anuary 17, 1995 i Once the City receives the funding from the Sonoma Cour-ty Water Agency pursuant to 2 Resolution 95-16 NCS, the fund transfer to George Hon~re will occur. Introduced by 3 Matt Maguire, seconded by Jane Hamilton, a Ayes: Shea,lvlaguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 5 Noes: None 6 Absent: Barlas ~ itESO. 95-18 NCS , s WINZLEIt & IzELLY - SEWER INFILT1tATION 9 Resolution 95-18 NCS authorizing an agreement with Winzler & Kelly to sign a io professional consulting services agieement to conduct the sewer inflow and inf ltration ii study on a"time and expense" contract not to exceed $95,000. This study for the entire ia City sewer system will look at "Flow Monitoring" will include sewer inflow as well as i3 rainwater infiltration into the sewer pipes. Upori development of the foregoing ia information, Winzler & Kelly will develop wastewater "Design Flows" which is an is estimate of sewer capacity needs at General Plan build out. i6 This information will be used for several things: i~ (1) Capacity needs of the new sewer plant for both "dry weather organic ia treatment" which is the summertime measurement of actual organic liquids and solids the i9 sewer plant must treat all year, and an. estimation of amounts of "wet weather" liquid Zo intrusion (water coming into both the private sewer laterals ~nd public sewer lines through Zi faulty pipes and manholes); and, 22 (2) On-going sewer infiltration correction projects. The need for cocrection of 23 water infiltration into the sewer pipes is an ongoing sewer maintenance project. It's much za like wash'ing clothes, the job never ends. Introduced by Matt Nlaguire, seconded by Lori zs Shea. z6 Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 2~ Noes: None 2s Absent: Barlas z9 RESO. 95-19 NCS 3o JE7' FiIEi. 3i Resolution 95-19 NCS authorizing contract with Air Petro Corporation to provide sa aviation fuel to the Petaluma Murucipal Airport. There v~ras concern expressed by the 33 Council about the. liability language of the proposed contr~ct, Prior to execution of the 3a agreement, the document will be amended to better profect the City. Introduced by Jane ss Hamilton, seconded by Mary Stompe. 36 Ayes: Shea, Maguire, Stompe; Hamilton, Vice Mayor Read, May.or Hilligoss s~ Noes: None sa Absent: Barlas January 17, 1995 Vol. 29, Page ~3 1 ~SO. 95-20 NCS ~ 1996 DEVELOPMENT OBJECTIVES 3 Resolution 95-20 NCS establishing the 1996 Calendar Year Residential Development a Objectives which come into "play" orily when there are more than the allowable 500 units s of residential applications to be considered. 6 1. Alternatives to single family production homes, such as self-help: rentals, ~ mixed-use, and high-density housing close to commercial services and a transit, smaller-sized housing units (including units appropriate for singles, 9 single-parent families, and couples without children), and units accessible io to people with physical disabilities. ii 2. Housing affordable to households earning 100% or less of the county i2 median income (i.e., "moderately priced homes"). i3 3. Westside development. ia lntroduced by Vice Mayor Read, seconded by Matt Maguire. is Ayes: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss i6 Noes: None i~ Absent: Barlas is AGENI)A S~T'I'ING PROCESS i9 The Council continued this item because Councilwoman Barlas was absent. zo CI,OSED SES5ION Zi The Council went into closed session pursuant to the Brown Act for the following 22 discussions: Conference with real property negotiators on two sites pursuant to 23 Government Code §54956.8 2a (1) Property: 100 East "D" Street zs Negotiating parties: City of Petaluma v. 1Vlichael and Barbara Lind, z6 Agricultural Preservation and Open Space z~ (2) Property: 16 Cedar Grove Park (3.9 acres) Zs Negotiating parties: City of Petaluma v. Allan Holmberg, 29 Agricultural Preservation and Open Space District so Reason for sites (1) and (2) - Under negotiation: 3i Authorization to negotiate, instruction to negotiator concerning price 3s AD TOURN 33 The Council adjourned to dinner at Ron's Family Dining, 1096 Petaluma Blvd. North 34 RECONVENE 7:00 p.m. 3s Present: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 36 Absent: None 3~ PLEDGE OF AI,LEGTANCE sa Principal Planner James McCann led the Pledge of Allegiance to the flag. ~~. -.:~; ~~ ,:~~.~,; Page 14, Vol. 29 January 17,1995 i MOMENT OF SILENCE 2 COUNCIL COMMENT 3 Carole Barlas - welcomed new Councilmembers Matt Maguire and Mary Stompe and a welcomed back Mayor Hilligoss and Nancy Read. Regarding the Vice Mayoral decision s made last meefing, she had always considered that as an honorary position which was 6 changed on a rotating basis. It would have been nice to have bestowed that on a newer ~ member who had not yet had the opportunity to serve in that capacity. s Mary Stompe - proposed the Council schedule a"comr~nuruty meeting" during each 9 quarter of the calendar year, which could be held in the Community Center at Lucchesi io Park on an alternate Monday night. This would give residents an opportunity to express ii their concerns on a more informal basis. It istime to bring government to the people. She i2 asked that this be scheduled on an agenda for Council consideration. i3 Lori Shea - agreed with the foregoing suggestion. She als~ feels the publie is unaware of ia what is coming before the Council. Perhaps this could be tied into a quarterly meeting as is was suggested by Mary Stompe. She asked that this be scheduled on an agenda for i6 Council consideration. i~ PETITION FItO1V1 Bi1DGET COlVIMITTE~ ia Camille Sauve had written a letter to the Council regarding the newspaper articles about i9 Council interest in following the "Sunnyvale" budgef plan. I3arbara VanCleve ~Smith from Zo the Budget Committee was present and heard the Council agree that the Budget zi Committee is encouraged to confinue to look at various methods of budget development 22 and methods of budget presentation, including the "Sunnyvale" method. 23 The Council asked for some communication with the Budget Gommittee. City Manager Za John Scharer noted that the Budget Committee meets once a month. A report will Zs automatically be placed on the agenda reflecting the Commit:tee's action for the month. 26 There was discussion about adding membership to the Cor~nmittee. There was no action z~ taken about additional membership. (At the joint meetirag of the Committee and the as Council in June of 1994, the City Council took action to reduce the number required for a9 a quorum of the Budget Committee to 7 members. ) so I~SO. 95-21 NCS 3i ARMY CORPS OF ENGINEERS AGREEMEN'T 32 Resolution 95-21 NCS authorizing execution of a Local Cooperation Agreement between 33 the Department of the Army and the City of Petaluma for construetion of the Petaluma 34 River. Project Section 205. The Council was advised that construction is tentatively 3s scheduled for April of 1996. Assistant City Manager Warren Salmons noted the 36 agreement will noY be executed by the Army Corps of Engineers for several months, but 3~ they do wish to know if the City is ready to execute the contract. January 17, 1995 Vol. 29, Page ~5 i Regarding the time the project has taken and may take before completion, the Council 2 suggested letters be written to Congresswoman Woolsey, Senators Boxer and Feinstein, 3 Col. Hunter of the Army Corps of Engineers and the new General of the South Pacific a Division of the Army Corps of Engineers to encourage that the project be completed as s soon as it can be. 6 Speakers included the following: ~ Vince Landof - expressed displeasure that the Army Corps of Engineers project is not s completed. There was mud coming down the river. We residents are just fed up about 9 putting this on the back burner for 13 years. Construction goes on and on and on. When io the river is flooding, come on over and join the fun with us instead of looking at it on ii television in a cozy living room. Regarding the recent evacuation (January 8 and 9), he i2 wished to compliment the Police and Fire Departments for a job well done. He suggested is that when the Linda del Mar subdivision area is under "mandatory evacuation", the ia Graylawn area should be included. He saw someone from the Graylawn area peering into is his home during the evacuation. i6 John Cheney, 55 Rocca - asked the City to put a moratorium on building upstream until i~ the Army Corps of Engineers project is completed. He noted the bridge doesn't let is enough water through. Tear the bridge out and make Payran Street have two dead ends i9 until the project is completed. zo The City's Floodplain Development Policy was reviewed. This is the manner of zi calculating a"zero net change" of water displacement resulting from construction in the zz Floodplain. It has been the Council's intent that any fill brought into a project site, within zs a Floodplain area, for any purpose including, but not limited to, raising a building pad, ~a parking lot, landscape area, and so on, be offset by the removal of a like amount of Zs material. Material may be removed from any portion of the site, including the Floodway z6 or from another site within the immediate area. The policy rec~uiring an offset for material z~ relates to the "100 year storm event" base flood level. The buildings in the Floodplain zs must be built with the finished floors being a minimum of two feet above the base "100 z9 year storm flood elevation". 3o The Couneil agreed that letters of the Payran project urgency should be sent to the Army 3i Corps of Engineers as well as the Congressional and Senate representatives. It was s2 moved by Vice Mayor Read and seconded by Jane Hamilton to adopt Resolution 95-21 33 NCS authorizing the City Manager to execute ~a Local Cooperation Agreement with the 34 Army Corps of Engineers. ss Ayes: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss 36 Noes: None s~ Absent: None ss ORD. 1974 NCS 39 AMEND ZONING ORD. 1072 NCS - AI,CO~IOLIC BEVERAGES ao Introduce Ordinance 1974 NCS amending Zoning Ordinance 1072 NCS to remove bars ai and cocktail lounges as permitted uses, change them to conditional uses, and to establish az regulations to govern alcoholic beverage establishments §21-430 through 21-430.24. 'it . - . Page ~6, vo~. 29 January 17, 1995 i This ordinance amends the following Zoning Ordinance Sections: a 21-403 Definitions of: 3 Alcoholic Beverage Establishment a Alcoholic Beverage Sales s FinancialInterest 6 Full Service Restaurant ~ Interested Person g On-Site Sale 9 Pernut ~o Permittee 11 Transfer of a Financial Interest iz Transfer of a Permit i3 21-430 4 Zones for Alcoholic Beverage Establishments ia 21-430.6 Aleoholic Beverage Establishment Condifional Use Permit Required is 21-43U.8 Permit Application i6 21-403.:10 Grounds for Conditional Use Pernut Denial/Igevocation i~ 21-430.12 Conditional Use Pernut Conditions is 21-430.14 Conditional Use Permit Valid for Specified L~cation/Establishment i9 21-430.16 Sale or Transfer of Business 20 21-430.18 New Conditional Use Permit Required Zi 21-430.20 Exceptions aa 21-430.22 lvon-conforming uses Zs 21-430.24 General Requirements aa Principal Planner Jim McCann reviewed the proposed Zoning Ordinance amendments and 2s noted that e~sting business will not be required to update their zoning status to z6 conditional use unless they seek a change m ttie business or the building, and the 2~ conditional use pernuts will be transferable. It was noted the cost of applieation is $400 zs for a Minor Use Permit and $~1,'000 for a Major Use Permit. Staff said the smaller and 29 larger bars are different in their land use impacts. One regulation of this ordinanee is that 3o bars would be allowed in commereial zones and in certain Planned Unit Developments. 3i The provisions of the ordinance will not apply to full service restaurants, off-premises 3z alcoholic beverage sales establishments; private clubs and veteran or fraternal clubs, and 33 temporary sale of alcoholic beverages by a church, school, ox- charitable group. 3a Council discussion - There was discussion about cessation af use and abandonment of,the ss use pernut. It was agreed by the Council that the expiratian time should be the same as 36 any .other conditional use permit - six months. The Council discussed the proposed 3~ requirement to list all owners of each business in this category. It was noted that the .State 3s Alcoholic Beverage Control already makes fhis information available to the Police Chief. 39 Another comment was, if the City.is going to ask for mor~ control of these~businesses; ao perhaps the City should give something in response, like a timely processing of the ai application. The City could reduce the fees so the existing establishmenfs who wish to do a2 so could obtain a conditional use permit. 7anuary 17, 1995 i Speakers included: Vol. 29, Page 1~ 2 Dennis Callahan, 342 Keller Street -(1) doesn't see any penalty in the ordinance, (2) the 3 downtown has quite a reputation of being a party area, and that isn't exactly the type of a atmosphere he would like to have in his community. When this happens, it becomes a s detriment to the community., In the first half of 1994 the Police records for the 6 downtown area show 641 calls relating to alcohol and erime. As a resident, "I don't want ~ to feel uncomfortable about walking in the downtown area." He supports the Conditional s Use Permit process. 9 JeffHarriman, 23 Petaluma Blvd. North (McNear's Saloon, Mystic Theatre, Coffee house io and cafe) - we want this on a quantifiable level. We have had no bad results in the past. ii The Alcoholic Beverage Control works you over pretty well, so you don't need to work i2 us over again. i3 Barbara Graves, 55 Maria Drive, North Bay Health Resources Center - supports the ia Conditional Use Permit. Spoke in support of the Responsible Beverage Service training. is Mike Healy, 304 Kentucky Street - supports the ordinance. He disagrees that the State i6 Alcoholic Beverage Control has control of the enforcement actions. They are exceedingly i~ slow. He doesn't see the ordinance as anti-business, nor does he think it is terribly ia burdensome. i9 Laura Nelson, 1635 Cabernet Court - described herself as an average, middle-aged Zo resident. Everyone avoids the downtown on Friday and Saturday nights. She is shocked zi at the rowdiness and the noise of people shouting across the street. Some people are z2 already into~cated when they enter the downtown bars. Her son has been one of those 23 individuals, under age, drunk, he was served more alcohol. She supports the Conditional ~a Use Pernut. zs Wayne Vieler, Kodiak Jack's - he is opposed to the Conditional Use Pernut process. The a6 City has been working with businesses which are running their establishments z~ irresponsibly, yet 90% of the businesses are operating their establishments responsibly. zs The process has taken too long. It should take no longer than three months. You are 29 denigrating the business owners by requiring the hospitality training. Good business 30 owners train their help well. He has been open for 8 months. There have been no Police 3i complaints. s2 Onita Pelegrini, Executive Director of the Petaluma Chamber of Commerce - read a letter 33 from the Chamber of Commerce which stated the Chamber's opposition to the proposed sa ordinance because they believe it is costly, redundant, and fails to resolve the existing 3s problems. 36 Arnie Freiman, 1302 Sunset Drive - is in favor of the Conditional Use Pernut. He has 3~ lived in town for 14 years, He does not allow his children to go downtown. The sg problems downtown are the into~cated youth. We live in an addictive society. There are 39 too many bars. ao Larry Finkel, 1736 Kohoutek Court - spoke in support of the Conditional Use Permit. All ai these bar owners say they are responsible and this doesn't happen in their bars, but az downtown on Friday and Saturday night is disgusting. 43 Michael Sparks, 37 Eastside Circle - supports the Conditional Use Permit. He said 200 aa cities in California have adopted ordinances like this. One should be able to walk as downtown. This ordinance is about pcevention before problems start. No one wants to 46 see entertainment disappear. It's against the law to serve into~cicated people, yet there a~ they are downtown. ~,E,~ Page 18, Vol. 29 ,Tanuary 17,1995 i Dennis DeWitt, Police Chief - he supports the Condifional Use Permit as a proactive 2 approach to selling alcohol. The issue cannot solely rely on the help from the Alcoholic 3 Beverage Contcol. People need to feel safe; the quality of life is important. a Council discussion - the difference between the proposect ordinance and the. nuisance s abatement process was reviewed. It was .'noted the ordinance allows a more direct 6 abatement process than the nuisance abatement ordinance does. All alcohol servers ~ should be trained, including those working for existing bars. Perhaps there could be.a City s sponsored, one-time training session for the existing businesses. There are about twenty 9 e~cisting bacs where there are employees that could be considered for this training. The io naming of responsible parties will be~ ineluded in the applicatnon. ii Dick Sharke, McDowell Drug Task Force - said they would like to help the e~sting bars iz pay for the "server" instructions. i3 The ordinance was introduced by Matt Maguire and seconded by Carole Barlas. ia Ayes: Sliea, Nlaguire, Barlas, Stompe, Hamilton, Vice Mayor ~2ead, Mayor Hilligoss 1s Noes: None 16 Absent: None ~~ ~CESS is 10:30 to 10:40 p.m. (Due to the lateness of the houc, the Bicycle Committee item was 19 confinued to the next meeting.) zo COUN~'RY CLUB SUBDIVISION - TREES - EMERGENCY ~CCESS 2i There has been an evaluation ofthetrees for Country Club Subdivision; and in connection Zz with that study, there was a mit_igation plan which is consistent with the criteria approved 23 by both the Planning Commission and the Site Plan and Architectural Review Comrnittee. za The fiomeowners association has reacted to the Planning Coinmission approval of the Tree 2s Study and Replanting/Visual Mitigation Planting Plan fc~r Country Glub Estates by 26 appealing the alignment of the emergency aecess road from the uppermost Count_ry Club z~ , Estates road, Royal Oaks Way, to McNear Avenue. Theyfeel the emergency access route as to McNear .Avenue would require the removal of a nuirnber of desirable trees. The 29 appellants say there already is an emergency access road on the bo.oks across .Lot 43 30 (which ineludes all of tlie undeveloped land between C~untry Club Estates and the 3i Nizibian subdivision) and ending at the Nizibian subdivisiori. They would prefer that be 3z the emergency access route. Included in this Lot 43 are two open space easements on 33 either side and one 8.6 acre developable lot in between the open space lands. The 34 appellants state that removing some eucalyptus trees would cause a gap in the windbreak. 35 They do not wish to see many oak trees removed'. It was noted that the °tree replacement 36 ratio is 5 trees planted for each tree removed. 3~ The hearing was opened: 3s John Siragusa, 14 Bear Creek Court - said the Fire:Department' found the "old" proposed_ 39 emergency access. road not very pracfical, so it was redrawn through trees down to ao McNear Avenue: The Fire Departmenf and the Engineerin~ Departmerits found the new ai route feasible; that is what the homeowners are appealing. He asked the Council to hear az Mark Eglin and Joe Pierre who had a prepared presentation. January 17, 1995 Vol. 29, Page ~9 i Mark Eglin and Joe Pierre showed slides and read the material from a booklet they 2 distributed to the Council. They noted that deer eat small oaks. Their thoughts include: s(1) saving the open space/creek corridor; (2) the proposed emergency access road to a McNear Avenue is considered "development"; (3) the effect on e~cisting wildlife; (4) s they want hiking trails; (5) "the only trees that should be mitigated are trees without 6 recourse"; and (6) "the original alignment of the Emergency Access Road is the most ~ feasible". a Jim Lech, 1010 Glen Eagle Court - opposes the proposed change in Emergency Access 9 Road. io Bob Abbott, representing the developer Leonard Jay, the original alignment to the ii Nizibian Subdivision impacts the open space more than the proposed emergency road to i2 McNear. The new proposed alignment to McNear Avenue does not cross the water is course. ia Dan Doherty, 6 Turnberry Court - taking some of the eucalyptus out will cause more is wind. i6 Council discussion - perhaps a feasibility report should be done on both access routes. Is i~ the access through the Nizibian Subdivision feasible for easy fire truck access? The ia alignment from McNear can accommodate fire trucks. Is the option to connect through to i9 the Nizibian Subdivision still viable? There was a question about the road grades and the zo ability of fire trucks to utilize them. zi Mr. Bemis, the individual who did the tree study said both road alternatives would take zz out the same number of tcees in the upper area. Zs I~ue to the fact that more information was needed and it was 11:40 p.m., the matter was Za continued. zs 26 27 28 29 30 3i ATTEST: 32 M. Patricia Hilligoss, 33 34 3s Patricia E. Bernard, City Clerk ADJOURIV 11:45 q.m. \ r