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HomeMy WebLinkAboutMinutes 01/21/19921 2 3 4 5 6 7 January 21, 1992 s 1VIINUTES 9 The December 16, 1991, Regular Meeting minutes were approved as amended: to Page 467, Line 9, change "assertions" to "comments"; 1~ Page 469, Lines 7 and 9, correct spelling to "Harrison Mecham"; 12 Page 469, Line 10, add this sentence, "Of the 42 families served, 5 were from t3 Petaluma." 14 Page 470, Line 43, change "Karen" to "Carolyn" 15 The January 13, 1992, Regular Adjourned Meeting minutes were approved as amended: 16 Page 2, Line 29 -the name is Milton Feldstein; / l7 Page 3, Line 33 -change "that" to "than". ~ 1s CONSENT CALENDAR 19 The following items which are noncontroversial and have been reviewed by the City 20 Council and staff were enacted by one motion which was introduced by Vice Mayor 21 Woolsey and seconded by Nancy Read. 22 AYES: Read, Davis, Cavanagh, Nelson 23 Vice Mayor Woolsey, Mayor Hilligoss 24 NOES: None 25 ABSENT: Sobel 26 RES®. 92-O1 NCS 27 CLAIMS AND BILLS 2s Resolution 92-01 NCS approving Claims and Bills #16194 - #16888. 29 RESO. 92-02 NCS 3o C®MPLETION ®F McD®WELL PARK IRRIGATI®N 31 Resolution 92-02 NCS accepting completion of McDowell Park Irrigation System. 32 RES®. 92-03 NCS 33 DESTRIJCTI®N OBS®LETE REC®RDS 34 Resolution 92-03 NCS authorizing destruction of obsolete Personnel and City Clerk 35 records. 36 * * * ~` * End of Consent Calendar MIlVUTE5 ®F A REGULAR MEETING PETALUMA CITY C®UNCIL TUESDAY, JANUARY 21, 1992 Vol. 27, Page 7 3:00 p. m. R®LL CALL PRESENT: Read, Davis, Cavanagh, Vice Mayor Woolsey, Mayor Hilligoss, Sobel*, Nelson ABSENT: None *-Arrived at 3:30 p.m. Page 8, Vol. 27 January 21, 1992 ~ RESO. 92-04 NCS 2 AGREEMENT W/COIJNTI' - SUNNYSI,OPE ASSESSMEN'T' DISTRICT 3 Several Council meetings ago in response to the County's request for reimbursement of 4 $176,000, the City Council- asked -staff to request the County to re-evaluate these 5 additional Sunnyslope Assessment District costs. The cost breakdown follows: 6 $108,400 for water .line replacement plus service stub-outs to properties with. 7 development potential. The County agreed. to contribute $22,-100 s from the Contingency Fund. (City contributes $86,300; however, 9 should there be any funds left in the Contingency Fund at the end to of the project, the County will reimburse the City up to $64,700 of 11 this cost.) 12 $ 32, 600 for sewer line stub-outs to properties with development potential. (City 13 contributes entire amount.) 14 $ 16,500 for fire hydrants installation and replacement. The County has agreed to is pay this amount. 16 $ 13,200 for valve covers to match new street level. The County has- agreed to pay 17 this amount. is $ 5,300 for traffic signal conduit at Sunnyslope and D Street. (City contributes 19 entire amount. ) 20 The City will be able to recoup some of the expenditures through. future residential sewer 21 and water connections. Resolution 92-04 NCS approving acost-sharing agreement with 22 the County regarding unanticipated costs in connection with Sunnyslope Assessment 23 District.. Introduced by Michael Davis, seconded by Jack Cavanagh. 24 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey, 2s Mayor Hilligoss 26 NOES: None 27 ABSENT: Sobel 2s RESO. 92-OS NCS 29 CITI' BUS ROUTE AMENDMENTS 3o Resolution 92-OS NCS approving Petaluma bus route changes and transfer point change 31 ~ as recommended by Community Transit Services, the contract operators of the City's bus 32 system. This will move the main transfer point for all Petaluma Transit routes from 4th 33 and C Street to the Library at Washington Street and Fairgrounds Drive. The west side 34 (of the freeway) routes will repeat once each hour at the same part of the hour. The east 35 side (of the freeway) routes will repeat their loops every thirty minutes. This revision 36 will also coincide with the "bell times" at the: schools. Staff advised the Council these 37 changes should make the transit system more convenient and hould generate more 3s ridership. Councilman Sobel arrived at 3:30 p.m. Introduced by Vice Mayor Woolsey, 39 seconded by Bonnie Nelson. 40 AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey, 41 Mayor Hilligoss 42 NOES: None 43 ABSTAIN: Sobel s :i4, ~:.~.f•~ ~. -• ;i i January 21, 1992 Vol. 27, Page 9 1 RES®. 92-06 NCS 2 FLOOD CONTROL CHANNEL CRITERIA -ADOBE CREED CHANNEL 3 RESTORATION 4 Resolution 92-06 NCS authorizing grant application for an Urban Streams Restoration 5 Grant of approximately $60,000 and determining appropriate environmental impact 6 document, conditionally accepting grant, if offered, and designating a contract manager 7 and fiscal agent. The 1991 grant application for the same work was unsuccessful. s Introduced by Vice Mayor Woolsey, seconded by Brian Sobel. 9 AYES: Read, Davis, Cavanagh, Sobel, Nelson 10 Vice Mayor Woolsey, Mayor Hilligoss 11 NOES: None 12 ABSENT: None 13 RESO. 92-07 NCS 14 RESTORATION -STABILIZATION ADOBE CREEK 15 Resolution 92-07 NCS authorizing a grant application for a restoration and stabilization 16 plan for Adobe Creek and restorative work within those reaches bordering the General 17 Vallejo Old Adobe and downstream of Lakeville Highway. Introduced by Vice Mayor 1s Woolsey, seconded by Brian Sobel. 19 AYES: Read, Davis, Cavanagh, Sobel, Nelson 20 Vice Mayor Woolsey, Mayor Hilligoss 21 NOES: None 22 ABSENT: None 23 ORD. 1879 NCS 24 SIDEWALK REPAIRS LIABILITY 25 Introduce Ordinance 1879 NCS amending the Municipal Code by adding Chapter 13.10 26 to clarifying that there is the duty owed to members of the public by the property owner 27 adjacent to or fronting the sidewalk and park strip areas to maintain these areas in a 2s nondangerous condition. Should the City receive a claim for damages "caused" by 29 sidewalk irregularity, a copy of that claim will be forwarded to the property owner. 3o Introduced by Jack Cavanagh, seconded by Brian Sobel. 31 AYES: Read, Davis, Cavanagh, Sobel, Nelson 32 Vice Mayor Woolsey, Mayor Hilligoss 33 NOES: None 34 ABSENT: None 35 RESO. 92-08 NCS 36 SIDEWALK MAINTENANCE PROGRAM 37 Resolution 92-08 NCS approving a sidewalk maintenance program to encourage 3s maintenance of sidewalks. The City will participate financially in limited circumstances 39 utilizing Gasoline Tax. monies. If the sidewalks becomes buckled, cracked, broken or 4o displaced by roots from trees planted in the right-of-way (between the sidewalk and the 41 curb), the cost split will be 50:50, City:Property owner. If the hazard is associated with 42 traffic signal or other pole installation that. requires sidewalk or curb work or relocation, 43 the City will pay 100%. However, if the sidewalk hazard is associated with trees not 44 planted in the right-of--way (between the sidewalk and the curb), the property owner shall 45 be responsible for the entire repair cost. Page 10, Vol. 27 January 21, 1992 1' The Public Works Director shall make a list of sidewalks in need of repair and shall 2 notify the property owner that repairs will be required and whether 'or not. the project is 3 eligible for financial assistance. If the property owner refuses to initiate the required 4 repairs, the City crews will complete the repairs and the property owner will be billed for s the costs. Failure to pay the costs. may result in a lien on the .subject property. 6 Introduced by Jack Cavanagh, seconded by Michael Davis., 7 AYES: Read; Davis, Cavanagh, Sobel, Nelson 8 Vice Mayor Woolsey, Mayor Hilligoss 9 NOES: None 10 ABSENT: None 11 ItESO. 92-09 NCS 12 1993: RESIDENTIAL DEVELOPMENT OBJECTIVES 13 Resolution 92-09 NCS establishing 1993 Residential Development Objectives: 14 1. Developers-are encouraged to provide some portion of fiheir commitment to is affordable housing in the form of on-site units or dedication of land for 16 construction of affordable housing by other, instead of an in-lieu monetary 17 contribution. The number of units provided on-site .should. be consistent with 1s Program 11 of the General Plan's Housing Chapter; however, projects providing 19 less than the minimum percentage on-site will also be expected to pay a balance of 20 in-lieu funds to fulfill their obligation. 21 2. Provide housing affordable to households earning 1.00 percent or less of the 22 County .median income,. including alternative housing such as manufactured 23 homes, self--help, rental and the like. 24 (Development Objectives 1 and 2 are the highest priority. All others are equal in 2s importance. ) 26 3. Westside development 27 4. Mixed use, high density and smaller sized housing development proximate 2s to commercial services. and transit. 29 Introduced by Vice Mayor Woolsey, seconded by Bonnie Nelson. 30 AYES: Read, Davis, Cavanagh; Sobel, Nelson 31 Vice Mayor Woolsey, Mayor Hilligoss 32 NOES: None 33 ABSENT: None 34 CLOSET) SESSION 35 The Council adjourned to a Closed Session to discuss litigation with the City Attorney. 36 ADJOURN TO 7:00 p.m. 37 RECONVENE 7:00 P.M. 3s ROLL CALL 39 PRES)NT: Read, Davis, Cavanagh, Vice Mayor Woolsey, Mayor 40 Hilligoss; Sobel, Nelson 41 ABSENT: None 42 INVOCATION Enoch Jones, Auxiliary Chaplain-Special Needs 43 PLEDGE OF ALLEGIANCE -Vince Landof January 21, 1992 Vol. 27, Page =1"1` PUBLIC COMIVIENT 2 Mattie Christensen, 109 Rocca Drive - Is very pleased that it looks like we are going to 3 get a flood improvement plan in place. Ever since she came to Petaluma a number of 4 years ago, the flood fix has been three years away. 5 Wayne Lewis, 103 Payran Street -What contributions have each development made to 6 base flood? If the event is exceeded, would the area adjacent flood more? We do not 7 have a long period of records and the data is unreliable. This was determined by s synthetic means. What are the changes? He believes the Twin Creeks project is viable at 9 another location. 1o Maurice Mathieson, 23 Woodward Way -Dogs -one of these days the dogs are going to 11 put someone in the hospital. The mailman has been bitten twice. It took the Humane 12 Society 10 days to respond. Nobody seems to give a damn about the leash law. I have 13 put a fence up to keep the dogs out of my yard. He thinks the City should be able to 14 control the dogs and enforce the leash law. 15 Duane Bellinger -What is the actual assumption of the river height with the Army Corps 16 of Engineers. How much thought has been given to using smaller dams rather than 1 17 large one. He prefers to utilize smaller ones. 18 CITY C®UNCII, C®MMENTS 19 Michael Davis - It is good to live in Petaluma because the community supports affordable 20 housing. The City of Sonoma has problems with affordable housing because the 21 community is opposed. 22 Cleaner burning fuels are coming in 1993. And there is new 23 technology using sound waves for cooling rather than chlorofluorocarbons. 24 Bonnie Nelson -Regarding the unleashed dogs in town, she noted there is a spray can of 25 "Halt" available in pet stores for $5.00. This product deters dogs, but does not harm 26 them. 27 Vice Mayor Lynn Woolsey and Mayor Patricia Hilligoss gave. their time to Connie 2s McClain to tell about her trip to Russia. 29 Connie McClain read a letter she received from a teacher at the college preparatory so school in Minsk, Byelorussiya. The letter asked for business and professional 31 connections in our area. 32 RESO. 92-10 NCS 33 U. S. ARMY C®RP5 OF ENGINEERS AGREEMENT 34 Resolution 92-10 NCS requesting continued Army Corps support and additional Federal 35 participation selecting the preferred project and requesting an exception to the National 36 Economic Development preferred plan. Bill Brick and Don Hancock were present to 37 represent the U. S. Army Corps of Engineers. Mr. Brick reviewed the process to date, 3s described the proposed construction projects and described the U. S. 1`~rmy Corps of 39 Engineers' process from this date forward. Upon receipt of a signed resolution from this 4o Council meeting, the Army Corps will begin the process of requesting that the degree of 41 protection be increased from the National Economic Development (NED) cost:benefit 42 ratio criteria, which is a construction project that would protect the area from flooding 43 from a ten (10) year event storm measured fifty (50) years from now. This corresponds 44 to what the Federal Emergency Management Administration identifies as a twenty (20) 45 year event storm now. wsk.+ ski .hi ~. ~• t „ . _~,w - ~i, l-.r ~~ r 'r~. ` ~f .€,P Page 12, VoL 27 January 21, 1992 ~ Recommended Project The staff and .Army Corps' recommendation is that the design of 2 the flood control project. be upsized to what the Army Corps considers a -forty {40) year 3 event measured at ,a. time fifty (50) years, from this date. It is necessary for the Army 4 Corps to obtain. approval to. participate in the upsized project. The Federal Emergency 5 Management Administration identifies this same upsized project as the one-hundred (100) 6 year event .flood protection design. 7 Different .Reference Bases Let it be noted that one Feder~~l agency (Army Corps) refers 8 to the .larger project. as a 40 year "fix" , and another Federal agency (FEMA) refers to the 9 same design as a 100 year "fix". The Army Corps is talking 50 years from now (i;e., the to year 2042) and FEMA is talking about the present time. In both, cases the reference to a ~~ number of years is the statistical chance of recurrence of a rainstorm of a given severity. 12 Future .Components. The Army Corps will continue working on the feasibility report, 13 which they anticipate will be completed in December, 1992. Next steps ..for the Army 14 Corps include final approval from .the Army Corps head office in Washington, D.C., 15 drawing the plans and specifications, approval of a cooperation agreement between Army 16 Corps and City, completion of the bidding process and- contract award. That takes the 17 project`s time-line to the Start- of Construction in March of 1994 (approximately). The is Army Corps estimates construction to take 1-1/2 years. In addition, the City will begin 19 work on, the' bridge plans -and construction. Nir. Brick advised the City to wait until the 20 project has been approved by the Army Corps headquarters.. 21 Fundin Intoday`s Dollars,, the estimated- cost is $13,256,000.. The maximum Army 22 Corps monetary participation allowable is $5,000,000. C~al-er anticipated funding sources 23 are the California- Department of Water Resources - $2,000,000.; Sonoma County Flood 24 Control Zone'2A - $4,000,000; and the City of Petaluma - $2,256,000. 25 Leisure Lake Mobile Home Park The reason the Army Corps project does not include 26 the Leisure Lake area is a result of the Army Corps policy not to benefit a single 27 ownership. If the mobile Home owners also owned the 1`~nd on which their homes are 28 sited, there would' be more than a single ownership and that Army Corps policy would 29 not be applicable. 3o Resolution 92-10 NCS requesting continued U. S. Army Corps. of Engineers participation 31 with the City of Petaluma for Petaluma River - Payran reach flood control .study and 32 request for exception to National Economic Development (NED) permit design ,and 33 implementation of improvements in excess of the minimum NED project. Introduced by 34 Michael. Davis, seconded by Brian Sobel. 35 AYES: Read, Davis, Cavanagh, Sobel, Nelson 36 Vice Mayor Woolsey, Mayor Hilligoss 37 NOES: None 38 ABSENT: None 39 RESO. 92-11 NCS 40 TWIN CREEDS EIR 41 Resolution 92-11 NCS certifying the Final Environmental Impact Report for Twin Creeks 42 Subdivision located at the confluence of Petaluma River and Washington Creek and. the 43 extension of Ellis Street. January 21, 1992 ~ Vol. 27, Page 13 1 Prior to final action, the Council confirmed their approval of a 44 lot subdivision subject 2 to the developer holding back on development of the lots located between Holly Street 3 and the waterway until such time as the U. S. Army Corps of Engineers flood control 4 project plans have been finalized. 5 A sign shall be placed on that site identifying the fact that 4 residences will eventually be 6 constructed there. 7 If, after the Army Corps project approval, construction on those lots is still feasible, there s shall be no more than 4 residences constructed on the river and the building design shall 9 be such as to avoid a perception of driving through a tunnel. The most southerly parcel 10 on that side of the street shall remain open and the subdivision .may be redrawn to 11 incorporate 40 b lots. The location of the garages shall be planned with variety in 12 mind. It was noted the Council -would accept some two-bedroom homes in the 13 subdivision. 14 Regarding the school crossing guard issue, the developer will communicate with the 15 Petaluma School District and will offer up to 5 years of financial assistance for crossing 16 guards at McKinley School, subject to School District approval. 17 The resolution adopting the EIR was introduced by Vice Mayor Woolsey and seconded is by Jack Cavanagh. 19 AYES: Read, Davis, Cavanagh, Sobel, Nelson 20 Vice Mayor Woolsey, Mayor Hilligoss 21 NOES: None 22 ABSENT: None 23 ORl). Y880 NCS 24 REZONE TWIN CREEI{S T® PUD 25 Introduce Ordinance 1880 NCS rezoning Twin Creeks to Planned Unit District. 26 Introduced by Brian Sobel, seconded by Bonnie Nelson. 27 AYES: Read, Davis, Cavanagh, Sobel, Nelson 28 Vice Mayor Woolsey, Mayor Hilligoss 29 NOES: None 30 ABSENT: None 3.1 TWIN CREEDS 32 The Planned Unit Development Standards, Subdivision Ordinance Modification, and 33 Tentative Map will be acted on at the February 3 Council meeting. 34 35 RESO. 92-12 NCS .TWIN CREEKS ALLOCATION EXTENSION 36 Resolution 92-12 NCS amending Resolution 91-370 NCS.. .approving extension of 37 allocation for Twin Creeks residential subdivision from January 31, 1992, to February 3s 29, 1992. Introduced by Jack Cavanagh, seconded by Bonnie Nelson. 39 AYES: Read, Davis, Cavanagh, Sobel, Nelson 40 Vice Mayor Woolsey, Mayor Hilligoss 41 NOES: None 42 ABSENT: None Page 14, Vol. 27 January 21, 1992 1 WASTEWATER WORKSHOPS 2 Assistant City Manager Warren Salmons reviewed the proposed schedule for the 3 Wastewater Workshop process. The City Council agreed. to hold the evening workshops 4 on the second and fourth Mondays through the. end of May, beginning the 10th of 5 February, .1992. These workshops, which are to be held at Lucchesi Community Center, 6 will be videotaped. 7 A professor of Geology in the. Department of Environmental Studies and. Planning at s Sonoma State University (Dr. ,Stephen Norwick} has offered to be the Moderator and a 9 professor of Environmental Engineering in the Department of Civil Engineering at the 1o University of California, Davls .Campus, will submit his technical expertise to the 11 workshops. Retired Judge William Bettinelli is available to be Mediator, if the need 12 should anse. At this time the Financial Consultant has not been selected. 13 It was noted that the final decisions will be made by the City Council. Staff will prepare 14 a listing of meeting locations~and dates for Council confirmation at'the meeting. is RESO. 92-13 NCS 16 BUS AND PARATRANSIT PLAN FOR. PHYSICALLY DISADVANTAGED 17 Resolution 92=i3 N.CS approving the City of Petaluma Americans with Disabilities Plan is for the City's busses and paratransit operation. The hearing. was opened. No orie wished 19 to speak, so the hearing was. closed. The Americans with Disabilities Act became law as 20 Civil Rights legislation in. July of 1990. Each :fixed route public transit operator, 21 regardless of funding source,, :must provide complementary paratransit services to persons 22 who are physically disadvantaged .and who cannot use the fixed route services. This 23 service must be available-at the same. hours and days as fixed route service and. shall be at 24 a cost to the passenger that is no more than two times the regular adult fare for fixed 25 route service. The resolution was introduced by Vice 1Vlayor Woolsey and seconded by 26 .Brian Sobel. 27 AYES: Read, Davis, Cavanagh, Sobel, Nelson 28 Vice Mayor Woolsey, Mayor Hilligoss 29 NOES: None 30 ABSENT: None 31 AUTO PLAZA ASSESSMENT DISTRICT #I9 32 The Auto Plaza Assessment District No. 19 actions were continued to February 3. 33 M~-YEAR BUDGET REP®RT 34 City Manager John Scharer and Finance Director David Splrnan presented the mid-year 35 budget report which reflects a $980,753 reduction in anticipated General Fund revenues 36 from an already spare bud"get. The. biggest shortfall figures are: $45.8, 800 of Sales Tax 37 revenue, next is $237,600 Development. related fees., and $129,300 from .Motor Vehicle 3s In-Lieu. The other revenue shortfalls are Real Property Transfer Tax, Business .License, 39 Investment Income, and Property Tax. The public's reduction in _ spending for .major ao items such. as .homes and automobiles appears to be a nationwide phenomenon. Staff will 41 continue to present a monthly update to the Council. January 21, 1992 Vol. 27, Page 15 ~ INTERIM 1ZIVEIZ P()I.ICY 2 At 11:10 p.m., the City Council continued the Interim River Development Policy to the 3 next meeting. 4 ADJ®TJRN At 11:10 p.m., the meeting was adjourned. ~: - 5 M. Patricia Hilligoss, Mayor 6 ATTEST: ~- 7 Patricia E. Bernard, City Clerk