Loading...
HomeMy WebLinkAboutMinutes 06/20/1988.tune 20. 1988 Vol. 24, Page l04 Q,P~.o,r`~l a,o ,estin.z.c~ ~~~~p~ NIINLITES ®F A REGULAR MEETING PETALgJl~IA CITY COiJNCIh, NI®NIDAY, JUNE 20,1985 R®LL CALL ~ 3:~ P.M. PRESEN'T': Balshaw, ,Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hillig~ ABSENT: Sobel PiTBLIC C®MMENT -None 1l~IIN~TJTES -The May 31 minutes were approved as submitted. The June 6 minutes were amended on Page 96, Abandonment-portion of Madison between Copeland and Lakeville -add, The Council was also concerned about the possibility of a more intensive use going in at that loeatior~ Same page -Lucchesi Community Center Grand Opening and Dedication -add, The dare should be established prior to the Fourth of July so a banner can be hung alerting the citizens of the proposed dedication dates C®NSENT CALEPIIDAIt The following items from the Consent Calendar were approved by the adoption of a single motion which was introduced by Michael Davis and seconded. by Vice Mayor Woolsey. AYES:. Balsbaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOBS: None ABSEN'T': Sobel RES®.58167 NCS C S AZT >3IT,IS Resolution x-167 NCS approving claims and bills #83235 to 83560. ICES®. 881651~CS~ STISEET CL~DSIIA;PPAI~®SA- ARIA Resolution 88-165 NCS approving street closure July 9 (Appaloosa Drive) for block parrry. RES®.58169 NCS T`MISSTOAT S'~~'T'EMEN Resolution 88-169 I~dCS approving and supporting the mission statement of the Hazardous Materials Management Committee. Io 5 Pa e Vol ~4 Tune 20. 1988 RESO.88.170 NCS AGREEI~TENT ~tE TRANSI'I'~S®NOMA COtT~i'I`Y Resolution 88-170 NCS authorizing renewal of the agreemeat with Sonoma County Transit for inter-city transit service. RESO.88-171 NCS CASH DEL Olt~l~®t~S('APE DIS C'T Resolution 88-171 NCS describing improvements and directing preparation of engineer's annual assessment reports for 1988-89 for the Casa del Oro Landscape DistricK. RESO.88~172 NCS cASA DEL ®~~ ~®-~. x 1- JOSE'i°I'E C®~'c Resolution 88.172 NCS describing improvements and directing preparation of engineer's .annual assessment reports for 1988-89 for the Casa del Oro Landscape District Annex. l - Josette Court. RES®. 88.173 NCS CASH DEL ®R® L.AeD~ ~ 3 - SY ®RE I~EIGI~i'1'S Resolution 88=173 NCS describing improvements and directing preparation of engineer's annual assessment reports for 1988-89 for the Casa del Oro Landscape Districe Annex. 3 - Sycamore Heights. RES®. 88.174 NCS VILLAGE fDi~S Resolution 88-174 NCS describing improvements and directing. preparation of engineer's annual assessment reports for 198-89 for the ~Iillage A~ieadows Landscape Assessment District (second year). RES®. 8~-175 NCS MEAD®i~V P ~1_L.A.1L Resolution X8-175 NCS describing improveffients and directing preparation of engineer's annual assessment reports for 1988-89 for the Meadow Park 1 Landscape Assessment District. RESO.88-17f NCS ~PRiNO ME_~VYS #S Resolution 88176 NC.S describing improvements and directing preparation of engineer's annual assessment reports for 1988-89 for the Spring IVieadows #5 Landscape Assessment District. p ~ End of Consent Calendar ' g .tune 20. 1988 Vol Z4 PaggJp~ RES®. 88-177 .NCS. VILLAGE EAST GRADING Resolution 88-177 NCS approving'grading permit.for Village East was removed from the Consent Calendar. Introduced by harry Tenter, seconded by John Balshaw. AYES: Balshaw, Cavanagh, Davis, Tenter, Vice Ivfayor Woolsey, Mayor Hilligoss .NOES: None .ABSENT: Sobel ABSTAIN: Woolsey RES®. 88-178 NCS 189 ALL,O'TMEN'I'S AVKARDEI) Resolution 88-178 NCS awarding allotments for 1989. Subdivision Allotments Reservatio c R!feadow Park 100 19 Westrid~e N & V 0 81 Summit Above Pet. 37 0 Park Place S 84 0 Country Club 3 73 0 Twin Creek 65 0 Fairway Meadows 54 0 Muirwood 100 0 Vaa Logan requested the Council acl~owledge reservations in the Corona/-Ely area for 1990 in order that the developers may :begin their financing planning. It was agreed that the allotment resolution should show that 1.50 units would be reserved for the Corona/Ely Specific Plan area. Introduced by Larry Tenter, seconded 'by 1~Iichael Davis. AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor- Woolsey, Mayor I~Tilligoss NOES:: None ABSEN'T': Sobel MAIN STi~ic f T)ESIGN C® I'I'i'EE P1rIDES°l° ET)GE Linda Kale presented, the. report on Main Street. Design Committee for the pedestrian bridge which is proposed to span the Petaluma River between the base off Western Avenue and the Colden~,Eagle Shopping Center. After somf discussion, the Council asked the Committee to make renderings of their desib_. proposal' for the Council. l07 Page -1 Vol 24 June 20. 1988 WRIST WRESTLING STATE TRIBTJ'I'E TO BILL SOBERA~~ Bill Rhodes presented a drawing of a, proposed statue depicting two wrist wrestling contestants. The proposal is to .place the statue on the corner of Petaluma Blvd. North and Washington Street (northeast corner) to replace the 'Snoopy' dog that is there' now. The purpose is to pay tribute to Argus Courier columnist Bill Soberanes .for his contribution d e~fort~ ~n,,tn ~Pe~ta~um world renowned as the Wrist Wrestling Capit o~ t e'~or was move` y ~ be Mo~61e. Michael Davis and seconded by John Balshaw, to support this in concept. AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Sobel RESO.88-179 NCS ('REEKi~I~V C®IVBVIOI+dS Reso. 85-179 NCS approving the Creekview Commons negative declaration of environmental impact. Introduced by :Larry Tencer, seconded by Jack Cavanagh. AYES:. Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor I Iilligoss NOES: None ABSENT: Sobel RESO.88-150 NCS ~REEKVIEVV C® ONS Resolution 85-10 NCS approving tentative map for Creekview Commons for four additional units. Introduced by Vice Mayor Woolsey, seconded by John Balshaw. AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Sobel RETAIL VE1~I1.1G 'I'S ~DI.i:4.;`~ DI~~ SI~IQN The Council was asked for policy direction regarding businesses using mobile retail carts. Caold Coast Distributing has a Business. License to run a commissary and has a Solicitors License to operate food carts. They have offered to pay the assessment for the downtown garage as well as for the PBIA. The Council directed staff to issue an encroachment permit to Gold Coast Distributing. The Council directed staff to amend the Parks use regulations to allow vending carts. The Council discussed: suggested vending cart policy provisions which included: 'renting' space on the public right-of-way to cart vendors, requiring'additional June 20. 195 Vol. 24, Pam 10$ insured' insurance coverage, using the encroachment permit process with location(s) of operation specified on the permit which should be issued .for a specified time period. It was also suggested that. those carts~~located in the Parking and Business Improvement .Area district, the permit be considered the in-lieu business license .for that site and the assessment'be applied to that. wi'~ ~ n The proposed policy will come back ~ 6 months, and until that time, staff shall .. .. ~.. .. ~ ... ,.. not. issue additional permits. Staff was also asked to suggest fee mechanisms i~~. connection with the policy. CLOSED SESSION at 5:15 P.M. the Council recessed to Closed Session to discuss personnel matters and then recessed to dinner at Alfred's Restaurant. ItECONVEIVE - Monday, June 20, 19SS, 7:00 P:M. ItOLI. CAI.I. PIt~BE~'t'i Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss ~s~~: Sobel PI.EIDGE OF AI.I.EGIANCE The Pledge of Allegiance was recited. PYJBI.IC COMMEh1T Bob Gast, Commander of the Veterans of I~oreign Wars Post 1929,. Petaluma, presented award to Mayor Hilligoss on behalf of her services to the City and to the Veterans. CI~'~X~C0,6Jr1CIi. CO1VIlVIEl~'PS Vice Mayor Woolsey asked where the dirt is .coming°~from on Industrial Avenue near the Willits building and how the amount of soils figures in with the'zero net fill' requirement of the City. l09 Pa 'e 6 V I. 24 n 2 PUBLIC HEAItI~TGS PCDC Roll Call: PRESENT: Commissioners Balshaw, Cavanagh, Davis, Tencer, Vice Chairman Woolsey, Chairman Hilligoss ABSENT: Sobel Each person was given two minutes to speak and was requested to print their name and address. on cards to be passed on to the City Clerk/Recording Secretary. It was noted that a Court Reporter was present to record the session. The speakers were: City ARanager Bohn Scharer -The General Plan, adopted in 1957 as a result of a great deal of input .from residents of the City and neighboriag areas, reflects a need to generate sufficient dollars to ,inset the; capital :improvement requirements set forth.in that plan for orderly.growth. The purpose of the proposed redevelopment plan is to creme the financing capabilities to construct those needed public improvements, foster an environment from which those public improvements have been,installed, to encourage private im+estment, to improve the affordable housing stock and:create employment opportunities. Since March of 1957, staff has met with the. public to discuss the proposal IVIr. Scharer addressed. the concerns he has 'heard citiaens express. Regarding condemnation, he aoted the inclusion,of that word in the notice to residents is the result of mandatory State Codes notice format aad he assured the Council and the residents that the redevelopment plan does not contemplate the condemning of residential property. He went onto say the .Council. has the authority to .condemn for public works and the PCDC has the additional authority to do so to cause economic development to take;place where it might not otherwise take place. He repeated,there is ao project in the plan which requires the condemnation of residential areas in order to assemble land under one ownership. IIU June 20. 19>~~ .Vol 24 Pagg? Regarding. the Denman Dam, he said the redevelopment plan is not slanted in favor or ,against any of the proposed flood projects set :forth in the Sonoma County- Master Drainage Plan. The City has commissioned a study to review and analyze the projects set forth in that plan and to recommend the most efficient project or combination of projects. It is premature to focus on any one project through the redevelopment plan. Regarding the unincorporated area, the redevelopment plan does not change the land use planning-for those in the unincorporated area. It still remains with the County. It does not .affect. #heir taxes, or their country life style. The areas were included in the proposed plan because the properties are now designated in our General Plan_ for eventual incorporation into the City. These lands were included for long. term planning, because at some future. day, these lands will become part of the City. The redevelopment agency project area will not benefit from any revenues until the areas are annexed. Regarding owner participation :agreements, the wording of plan causes the inference that. these agreements would be mandatory of each property owner. He assured the audience that is not the case. Regarding the rumor about :razing the Ianda del R~iar subdivision,, he ,said the City is not ,going:. to. tear down Linda del 1lRar. :State. law requires 20% of the revenues be set aside to • improve housing, not to near down housing: That. 20% can be used,.:as .an example, in the Linda del Agar ;area if the agenry adopts a plan to elevate houses. The redevelopment agency would augment funds the City is already receiving through new development. to benefit low and moderate income housing and to preserve neighborhoods. He went on to say the redevelopment. plan has many benefits. It will provide local funds without :any. assessment. and without any additional property taxes which would 'fielp the City to :meet the .local share that, is required in any project on the .Petaluma River to design and 'construct. flood' :mitigation. It is going to provide funds for traffic improvements that 'will open up the east/west circulation.. It will ,provide funds for the sewer collection system improvements and water. distn'bution system improvements in the older neighborhoods. It will provide funds in the, older neighborhoods for improvements to. the public streets, for construction of new sidewalks and. for drainage improvements; and, it will provide funds to improve the 'housing stock in Petaluma. It was noted the. ~E.LR. was not. a definitive document and. each project in the area will have its own em~ironmental documentation. The land uses and zoning: in the ;project: area. will' be acted upon in the same manner as projects outside of the redevelopment area do. The redevelopment. plan counsel, Timothy J. Sabo of Sabo and Deisch, summarized the documents which were before-the Council/Commission: ;~ . °~,. III - . Page 8' .Vol. 24 .tune Z0. 1988 The redevelopment.. plan will govern how activities are undertaken within the redevelopment'project area. It provides for the financirtg through the use of the tax increment revenues. It lists the public improvements which are eligible for and maybe financed at the discretion of the Commission/Council at some time in the future.. The plan may be amended to include projects. There are no consequences if any of the listed projects is not undertaken. Regarding owner participation rights, every redevelopment .project must provide for owner participation, which means if a project is proposed by the redevelopment agency some time in the future, the existing property owners who aze affected by that must be offered the right to redevelop their properties in accordance with whatever- those future plans are. At this tune there aze no specific development projects that aze being contemplated where you would have to exercise the right of owner participation. The other documents before the Council/Commission aze the Redevelopment Plan Report:which outlines some of the aspects of the background and why this project area was selected, and it makes reference to the Planning Commission action which found that the Redevelopment PTan will be in conformance with the General. Plan. It aLsou.includes the Assessment of Conditions Report which lists what elements the staff and the consultants have found that leads them to believe that this area should be considered for redevelopment purposes. Another exhibit to the redevelopment plan report is the Environmental Impact Report. Health and Safety Code Section 33032 lists the criteria used to determine 'blighted area'. They include the subdividing and sale of lots of irregular form and shape and inadequate size, laying out of lots in disregard of the contours and other topography for physical characteristics of the ground and surrounding conditions, the existence of inadequate public improvements, public facilities, open space and utilities which cannot be remedied by private or governmental action without redevelopment, a prevalence of depreciated values, impaired investments and social and economic~maladjustinent. The only monies that aze available are the future tax dollars which are generated above the current year's tax base. The only way the redevelopment agency will receive additional tau dollars is if there is an increase in the assessed value of the property. If there `is no increase in assessed value, there-are, no additional taxes to be paid. The only time that property can be reassessed is by a change of ownership, new construction or up to the annual 2% which is permitted by Article XIII of the State Constitution. There' is no other ability of the County, City or the Commission to raise taxes without a vote of"the electorate. John Davis, co-counsel for the redevelopment plan discussed the Environmental Impact Report;. the .impacts identified'by the report and the fact that the plan is a means to mitigate some of the impacts of development, particularly to overcome the large. initial costs of constructing public improvements to meet both existing and future needs. A sound wall on LJ. S: Highway 101 and replacement of the Payran Street and Lakeville Bridges were mentioned as possible projects using June Z0. 1988 Vol: 24. PaggQl ( ~ redevelopment.. agency funds. The EIR language proposing flood improvements was amended to read, 'construction of one or more of the following flood mitigation measures recommended by the Sonoma County Water Agency ;Master Plan consisting of the following, Petaluma. By-pass, Denman Dam, Willowbrook. Diversion, the Payran reach, .the Denman reach, .and the Willowbrook, reach and providing a .100 ,year storm protection to the areas F East Petaluma and the Northeast Industrial Park,area.' IViE'I'CAIFE P~ZONING The Mayor announced that this matter has been continued to August 15. The Public Hearing was opened. The speakers are. listed below: Donald Kofoid, 2441 Petaluma Blvd. North -Outside City Limits -opposed being included in the project area. Vince Lando£,12 Cordelia.Drive - wants: no assessment.:district paid by the citizens for the benefit of developers; the EIIt should be sent back, to be rewritten. Geoffrey H. Cartwright, 56 Rocca Drive -tore into two pieces a facsimile of the redevelopment-plan cover Robert Webb, 24 Jess Avenue -lots vacated by house: moving project have not been restored to 'park-like- settings' as he understood would `happen, Payran Bridgt; has not been replaced Rodney Andersen, 2483 Petaluma Blvd. North - in`favor of the .project for the sewer and water- service and suggest only those Countyproperties fronting on Petaluma Blvd. be included. Matti Christensen, 109 Rocca Drive - in favor of the project, wants the Payran reach earmarked for priority funding. Bob Martin, 171 Payran Stieet -handed. petition to theCouncil which says the residents of this community have. been preparing this: environmental impact statement for svc years now, nog more development .upstream from, us until flood control projects are completed in our community. He feels the hydrology report. is incomplete'because he felt the tidal influence .was ignored. Does not EIR certified at this time. .Mark Ammons, l2 Hill Drive. (owns 1940 Petaluma Blvd North) -there are many obscure costs you have not discussed; let the County residents vote on this. David Viviani, 26 Payran Street - you.have installed riparian rights by installing a spillway onto'. Payran taking the water from Rocca and Jess, putting it on Payran endangering my house. ~~ 3 Poe 10 Vol. 24 .Lune 20. 1988 Chris Christensen, .109 Rocca Drive -the projects are necessary, but we have an issue of personal safety and health and protection of property (flood problem); make meaningful flood control your # 1 priority. . ~ Phil Joerger, 700~Fair Avenue - is this redevelopment plan subject to change? Unidentified gentleman -presented the Council with a 212 signature petition. Dave I~illendahl, 201 Gossage -the first we heard of the proposed redevelopment was by receipt of a very officious letter last Thursday; none of us in the unincorporated area had. representation; request boundaries be redefined to include those properties that front on Petaluma blvd. North. Andrea J.Nessinger, 12 Woodworth Way - 2 topics of concern, the letter we received noticing the hearing and feel that no one understands this project well enough to act tonight. David Jones, attorney, representing 1:Ielen Oberg, owner of 7 acres at the intersection of Fiwy.101 and Petaluma,l3lvd. North,: expresses concern about condemnation wording, it is always possible to join properties to obtain a shopping center. Jacqueline Gong, attorney for Cinnabar and .Old ~-dobe Union School Districts - express concern. about the schools' taa~ revenues, request the City not go forward until agreement is reached with he school district and the redevelopment agency regarding the financial impact. Thomas Gaffey,; 201 ~Iebster - he has worked under redevelopment in the City of Pleasant I3i11 for 13 years with very unhappy results9 you will destroy the town .like Pleasant dill has been destroyed. Marvel Reaves, .1560 Contra. Costa Blvd., Pleasant I3i11-says sties want to leave property as blighted as they-can so they can take it over like they did in Pleasant I sill. Winton. Baker, 740 Pe Blvd. South • why is there no provision for private property owner to vote on establishment of the agency, prefers vote rather than Council action, Chris Barauskas, 37 Shasta Avenaie • what happened to the General Plan, questioned status of park near ®ak Creek apartments sad site of pro Rainier Avenue interchange,, she has heard nothing said about a Corona bi y off-ramp in these discussions yet that was put in the General ,, Patricia del-Zell, Cordelia Drive ~ worried about condemnation, requested the Council ~~ promise there would not be such an action. ~~, ~ . :' ~ .. June 20. ~198~ Vol. 24 Pa eg_l l J.~ Art Cerini, 1301 Schuman Lane -replacement of Payran bridge will not solve the flood problems, this plan. is only as .good as the people who govern it; let's use common sense in some of our planning. John Cheney, 55 Rocca Drive -take the words relating to condemnation out of the plan, it's time to get. the flood problem fixed. Bd Zita,'287 Gossage - (County) if we don't want to be a part of'the plan, you should exclude us. Harry Wagoner, resident for 59 years - an acquaintance living on Jess Avenue has experienced a lot of flooding; with every street you are putting in you are creating flooding. Jessie Lane - (County} in'the 16 years I have. been living here, a number of trees have be'en' destroyed because of City water running- through: my property and I have to install drainage if I want to build, is this redevelopment going to be the same. i Fran Bengtson, 590 Cavanaugh Lane - we would like response to our letter of June 15 (the questions .relate to possible flooding mitigation projects. in'the Denman area). Bill Bennett - (County) as owner of several rural,_parcels, he pays flood control tax for Zone ZA; feels fie is .already paying #orTflood control tax for improvements; please may we have answers to our questions tonight. Carol. Borkowski -since. you have-:all of our addresses, it would be nice for you to write us to say you will not take our homes. Recess 5:45 to 5:55 p.m. Mike Staples, .615 Madison -worried about building high-rise buildings in their front yards. Emma Jeffrey came to Petaluma in 1926 -lives in Payran;neighborhood; thinks the Council. is working for the developers and they should be recalled otherwise the citizens are wasting their time. Chris Mathis, 32 Rocca Drive -this is the first home I have ever owned and I am here to tell you you're not taking my'house. Unidentified man -all you have said is you haven't thought about condemnation yet, the contradiction is that you don't have a plan, so, 'yes' the plan hasn't thought about condemnation, because there is no definite plan, there are no boundaries. II`5 Pagg`12 VoL 24 June 20. 1988 There being no one else wishing. to speak, the Mayor closed the public hearing. At the request of Mayor Hilligoss, the City Manager to respond to various questions raised during the hearing. Ike summarized the three major areas of interest as unincorporated`-area residents wishing to be excluded, the prioritizing of the flood .project as # 1, and the issue of condemnation as it relates to residential property. Redevelopment plan counsel Sabo explained tax increment funding: The current assessed value as of this present fiscal year, whatever taxes aze generated as of the 1987-88 tax year will continue to be distributed to all the taxing agencies in the same proportion as now.. For the increment above this year's (1988=89 tax revenue) is that increase in taxes permitted by Proposition 13: It allows up to a 2% increase each year; and, if there has been a change of ownership or new construction, the assessed valuation will increase due to the reassessment as proscribed in Proposition 13 thereby increasing revenue. Based upon new construction. and what will be on the tax roll for the next fiscal year, there will be an increase in tax revenue of approximately $400,000 in the project azea inside the City Limits. The property owners in the project azea will pay the same amount of taxes next year (plus the Proposition 13 annual change); however, that amount which is in excess of what was paid in 1987-88 will go to the Commission. The amount equivalent .to the 1987-88 tax base will still be distributed to the City, the County and other taxing agencies. Of the current property tax rate which is 1% of the assessed value, the County receives: approximately thirty hundredths of one percent (30%) of the assessed value, the City receives approximately fifteen hundredths of one percent (.15%) of the assessed value and the remaining fifty-five hundredths of one percent (.55%) of the assessed value goes to schools and special districts. Under the agreement that was reached with the County, that tax revenue from property located within the project area is handled two different ways. For properties within the City, the Commission,will get 100,% of the County's portion of the tax bill (thirty hundredtls of one percent of the assessed valuation) for the current year through 1992-93, starting in 1993-94 the County will receive 96% of their figure and the Cit}r will receive 4%. For the County unincorporated areas, all that the City will receive would be the increase represented by the other taxing. agencies exclusive of the County until an annexation .occurs. If an annexation occurs no later than 1992-93, then it, too, would be handled under that same formula. Ig an annexation occurs in 1993-94 or later then all the City would receive of the County's portion would be the 4%. A1ot until the County territory is annexed to the City will it be treated the same as the City property for redevelopment purposes. 1 ! (p June 20. 1988 Vol. 24, Page 13 There. will be no benefit assessment district. There will be no increase in taxes unless property issold or there is new construction. It was moved -by John Balshaw, seconded by Michael. Davis to remove from. the plan any reference to condemnation of residential properties and to .direct counsel to make such deletions from the redevelopment plan. AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Sobel Eliminate from the redevelopment area. all parcels that: at are not in a sewer assessment district that are west of Petaluma Blvd. and south of ,Bailey Avenue. fronting Petaluma Blvd from the City Limits out Petaluma Blvd. as faz as Bailey Avenue Unless we hear from a significant number of people west of Petaluma Blvd. that want to be in the redevelopment- district in writing.. by June 27, we will move to eliminate everything greater than one buildable (frontage) lot depth from the redevelopment districK. In answer to a question.'by the Council about the; availability of the plan for public.-;perusal, staff advised there are b copies of both the. plan and EIR available on a circulating basis to ..save individuals the cost of purchasing the documents.- 'T'here has been no problem meeting the demand for copies of either the plan or the EITZ on a one week loan basis. Copies are available at the Library as well. Tile matter was continued to July 5. ADJOURN The meeting was adjourned at 9: f .m • . ayo atnrta Boss ATTES . ~. tty er rear