HomeMy WebLinkAboutMinutes 02/03/1997February 3, 1997
Vol. 30, Page 199
i 1VIINU'I'ES ~;
z OF A REGUI,AR 1VIE~T~PTG
s PE'I't~I,TJMA CI~' COiTNCIL `l9 ^
a 1VIONDAY, FE~R~JA1tY 3, 1997 ~-
s ROI,I. CAI.I~ 3:00 q.m.
6 Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
~ Absent: None
s
9 The City Attorney was not present during the public session of the meeting.
io COiJNCII., C~1VIlVgENT
ii Mary Stompe - Dog Park - the dog park was closed when she went down last weekend.
iz (Assistant City Manager Gene Beatty noted there have been problems with arumals running
is beyond the park boundaries and have run on cut glass. Fencing is being erected to eliminate
ia that problem.)
is Matt Maguire - saw a model speed boat down there on the water. (Recreation Director Jim
i6 Carr noted that signs will be posted saying this is a bird sanctuary.) We need some periodic
i~ enforcement out there. T'here should be no business's thrown away pallets on the park
ia property.
i9 Nancy Read - the Mayors and Councilmembers Working Group met January 23. ABAG will
2o be sharing revenue on bike paths and housing. This will be a 3 or 4 month project. Ne~
~i meeting is February 27 at Rohnert Park. Went to a railroad workshop in iJkiah. There are
22 differing opiruons on the use of the rail line. The northern cities feel it should be used mainly .
zJ for freight and the southern cities feel innovative uses should be delved into. She asked staff
za when the Galland Street youth home would come before the Planning Commission.
zs (Planning Director Pamela Tuft noted the director of the home is closing the facility and
~6 relinquislung the use permit. All the youth have been transferred to other locations.)
z~ ~ IVgIlV~J~'ES
2s The minutes for January 13 were approved as amended - the roll call order should be revised
29 to reflect the current seating arrangement. The meeting began at 6:00 not ~:00.
so The minutes for 7anuary 19 were approved as submitted. /
s i The rrunutes for January 20 were approved as subrrutted. `~
s2 The minutes for January 21 were approved as amended: '~
3s Page 187, Line 6- change listing of Council per new seating order.
34 ~resent: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Nlayor Hilligoss
ss Absent: None
36 Line 1 S, change "He asked .. to Mr. Layne asked..."
3~ Page 191, Lir~e 26, change Mary Stompe comment as follows: Wants to explore ~-the
sa possibility of'an east side police substation and felt we could do it at little cost.
Page 200, Vol. 30 February 3, 1997
i Line 28, The eucalyptus trees that screen the homes between the U.S. Highway 101 north
z bound Washington Street off-ramp and Stuart Drive were destroyed during the oil tanker fire
3 last year. Change to read that Mary Stompe said the area looks very bad, she wanted the
a Council to pursue a claim from the insurance company or CALTRANS since this is an
s entrance to our city.
6 Page 198, Line 15 There was no specific information given to the Council on costs or the
~ impact of police staff time required to implement the program. Captain Parks reported tne
s program should cost between $3,000 and $7,000. Councilmember Stompe also reported the
9 cost should be minimal to the city.
~o Line 198, Line 25 It was moved by Mary Stompe and seconded by Pamela Torliatt to
i i implement the program now to have staff come back to the City Council with the curriculum
~2 information keep the Council apprised of the process. (Mary Stompe did not include "for us
i3 to approve the curriculum" since they are the professionals.). Mary Stompe said we weren't
~a going to approve the curriculum, he was going to keep us apprised. Matt Maguire and David
is Keller understood him to say he was going to bring it back for our reviews to be sure that is
~6 what we intended. Mary Stompe requested a verbatim transcript of the item.
~~ CONSEI~TT CALENDAR .
is 'The following items which are noncontroversial and which have been reviewed by the City
~9 Council and staff were enacted by one motion which was introduced by Nancy Read and
2o seconded by Mary Stompe.
2i Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Harnilton, Mayor Hilligoss
z2 Noes: None
23 Absent: None
2a Ii~SO. 97-25 NCS
zs CI.Ag1VIS ANY9 ~IIrI.S
26 Resolution 97-25 NCS approving Claims and Bills #61605 to #61902.
2~ ~50.97-261~ICS .
~s PURC~ASE 5 Ii~IINI-PYCKIJP TRUCKS
z9 Resolution 97-26 NCS authorizing the purchase of five (5) 1997 2-wheel drive, regular cab,
so 6-cylinder, long bed, mini-piekup trucks from Senator Ford, Sacramento, for $60,704.63.
3 ~ Trucks are for four departments: Parks and Recreation, Building Inspection, two for Water,
3a and Sewer Plant Adriunistration. Funds were appropriated in the 1996-97 budget for these
33 vehicles.
34 R~.SO. 9~-27 NC.S
3s PU~tCHASE 2 3/4 TON PICKUP ~'itYJCKS
36 Resolution 97-27 NCS authorizing the purchase of two (2) F-250 heavy duty 3/4 ton cab and
3~ chassis pick-up trucks with extended cabs from Henry Curtis Ford for $38,803.00, one for
3s the Water Department and the other for Sewer (Wheelabrator). Funds have been approved
39 in the 1996-97 budget. ~
~rryi~~~ w ~ti:: `, - . . .
February 3, 1997 Vol. 30, Page 201
~ ~SO. 97-28 NCS
z PURCI-~ASE 2 C~JS~-IMAN VEHICLES
3 Resolution 97-28 NCS authorizing purchase of two Cushman electric utility vehicles for the
a Parks and Recreation Department from Jenkins 1~lachinery of Concord, California, for
s $13,411.70.
6 R~SO. 97-29 NCS
~ PURCI~ASE PICKUP TRLTCK
a Resolution 97-29 NCS authorizing purchase of one (1) 1997 Super Duty 1'/2 ton cab and
9 chassis truck from S& C Ford of San Francisco for Parks and Recreation Department
lo maintenance.
~ i RESO. 97-30 NCS
~2 PUp2C~IASE FIREA~2MS AND ~IOLSTERS
13 Resolution 97-30 NCS authorizing purchase of guns and holsters for replacement of Police
ia Department weapons and holsters from L. C. Action Police Supply of San Jose for
~s $31,129.90, pursuant to prior City Council authorization.
ib RESO. 97-31 NCS
a ~ SOLE SOUItCE PURC~IASE
~s IDEMONSTRATION VAN & CONTItOLS FOR SEWER I.INE TV
19 Resolution 97-31 NCS authorizing purchase of a demonstration vehicle from R. S. Technical
ao Services Color Mainline Series Sewer Line Inspection System from 3T Equipment
zi Company, Inc., in the amount of $50,363.75 to replace the current 25 year-old "sewer
Zz camera van." The approved budgeted amount of purchase is $70,000 including discount for
z3 a trade-in. Two years ago the City purchased a new camera and tractor from RST for
aa $22,000. Due to the fact that this camera and tractor are not compatible with other vehicles
Zs of this type, the sole source purchase of this 1992 E-350 Ford demonstration van with a 12
z6 foot "Dailey Body' "high cube" that is in "mint" condition suits the City well. Prior to
2~ finding this van, staff researched the market and visited the City of Santa Rosa, which has
Zs just purchased a similar vehicle and equipped it with RST products. This has been a
29 satisfactory purchase for them. This used vehicle has 32,000 miles on the odometer. City
3o mechanics have gone through the van and indicated the van and cube are in mint condition.
3~ RST will give a trade-in allowance, which is reflected in the $50,000 price, and a"new"
3z warranty on this purchase.
33 RESO. 97-32 NCS
34 COMPLETION 1995-96 WATER & SEWEl~ 1VIAIN
35 Resolution 97-32 NCS accepting completion of the 1995-96 Water and Sewer Main
36 replacement projects which was contracted by Cal-North Engineering of San Francisco. The
3~ total construction cost was $421,831.92, which is approximately $35,000 under bid.
3s --------EndofConsentCalendar--------
Page 202, Vol. 30 February 3, 1997
~ ItESO. 97-33 NCS
2 LAFCO AG POLIC~
3 Resolution 97-33 NCS commenting to the Local Agency Formation Commission (LAFCO)
a on their proposed Agricultural Land Policy, stating, "The proposed policy should be used by
s LAFC,O in its review of a request to establish or expand a Spliere of Influence and also in
6 reyiew of a specific agricultural land conversion." Introduced by David Keller, seconded by
~ Matt Maguire,
8 Ayes: Keller, Torliatt, Maguire, Vice Mayor Hamilton
9 Noes: Read, Stompe, Mayor Hilligoss
lo Absent: None
> > ORD. 2044 NCS
~2 TEI.ECO1VIlVIUNICA~IONS INS'I'AI,LA'I'ION
i3 Nancy Read abstained from participation in this item. Introduce Ordinance 2044 NCS
ia authorizing lease of a 20 foot by 20 foot piece of Shollenb~;rger Park with Pacific Bell
is Mobile Services (cellular service). While the company is seeking a site for a permanent
~6 facility for their cellular business, the Shollenberger site is intended to serve their cellular
r~ customers. Pacific Bell Mobile intends to install a mobile setup containing communications
is antennae, equipment and cables. On January 15, the Recreation, Music and Parks
~9 Commission unanimously recommended that the City Council approve this request.
Zo Subsequent to the meeting, the facility was redesigned to reduce its height and to eliminate
Zt the need for guy wire stabilization. The term of the lease is six months with a possibility of
Zz a six month extension. Councilwoman Stompe recommended that 50% of the revenue go to
z3 parks and. the remainder go to a Cellular on Patrol police program. There was not Council
Za support for that recommendation due to the many other needs of the City and due to the fact
Zs that the subject was not being considered at the same time those other City needs were being
z6 addressed. The Planning Director noted that screening; landscaping and fencing shall be
2~ required of the applicant. Upkeep of said screening, landscaping and fencing will be the
Zs responsibility of the applicant. The Planning Director has researched the amount of rent that
a9 other jurisdictions cYiarge for such a facility, and she will be negotiating with Pacific Bell
3o Mobile for a rental price which is somewhat higher than they had offered.
3t Edna Budde, owner of adjoining parcels, expressed her surprise that this is being placed in a
32 park. It may be temporary now, but often that which is temporary moves into permanent
33 status. The ordinance was introduced by Matt Maguire, seconded by David Keller.
34 Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
35 Noes: None
36 Absent: None Abstain: Read
3~ ItESO. 97-34 NCS
3s FII~E DEPAR'TMENT APPEAL - I)ENIAI, CUPA CEI2TIFICA,TION
39 Resolution 97-34 NCS appealing the California Environmental Protection Agency denial of
ao the City of Petaluma application for certification as a Certif ed Unified Pro ram AgencX
ai (CUPA). Forty-eight (48) cities in the State applied far certification and fifteen (15)
a2 received certification. Of those who applied from Sonoma County, only the County of
a3 Sonoma and the City of Santa Rosa were approved.
.. `t `y ;~~_7~{ ~:, ~.!'r~. i~fry.rK',s ~~t~L ~~`,~y,?.~'S;7
February 3, 1997 Vol. 30, Page 203
i The reasons stated for denial were (1) the size of the "regutated community" did not appear
z to support the city's application vs. the eounty becoriung a CUPA, (2) "there were unable to
3 deternune that the certification to the city would benefit the business commuruty," (3)
a because the county was already conducting the hazardous waste generator program, it was
s felt that having the city take it over would produce more "fragmentation" throughout the
6 County. Fire Marshal Ginn reviewed CUPA for the new Councilmembers.
~~Ie noted the Petaluma business commuruty expressed the desire that the City be certified
s because (1) there would be local control, commurucation, and resource management, and (2)
9 the City fees are less than those of the County. ~-Ie also noted that the fees charged by the
io City are cost covering.
ii Mayor Hilligoss asked that a letter be written for her signature, and that should accompany
i2 Yhe appeal. Introduced by Mary Stornpe, ~econded by Pamela Torliatt.
is Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
ta Noes: None
is Absent: None
16 I,IAYSOI~T I~PORTS
i~ Councilman 1Vlaguire relayed information from the Izefuse Committee: the waste hauler,
is Empire Waste Management, is willing to meet with the Refuse Committee with a goal of
i9 amending the 5-year rolling termination clause, the monthly fee for multiple refuse cans of the
ao same size, and related data. T'he Council all nodded their heads that a resolution agreeing to
Zi continue the 5-year roll over date this year from March 1 to July 1, 1997, will be on the next
22 Consent Calendae-
23
CI,OSEI) S'ESSION
aa The City Council went into Closed Session to discuss public employee appointment, pursuant
Zs to Government Code § 54957 - City l~ianager. There was no reportable action.
26 ADJOiTI2N
2~ The Council adjourned to dinner at Kabuki Restaurante, 17 Petaluma Blvd. North
zs
29
30
31
32
33
34
35
36
37
ItECO1VVENE
7:00 p.m.
Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
Absent; None
City Attorney Richazd RudnansYcy was present for the entire meeting.
~rowrue T'roop #447 led the Pledge of Allegiance to the flag.
~LEI)GE OF' AI,I.EGIANCE
~~~~~~ ~~ S~~NCE
PiTBI.IC COIVIlVdENT
3s Terence Garvey, 83 Maria Drive - Wastewater ProposaYs -~Ie said that limiting distribution
39 of the wastewater proposers' proprietary information is wrong. (The bulk of the proposal
ao information has been distributed.) The City Council needs complete access to all documents.
Page 204, Vol. 30 February 3, 1997
~ Sheri Cardo, 501 Bryce Canyon Court - Do~s - Noticed that all the dogs were on a leash
z when she was at Shollenberger Park. Asked that the Council revisit the subject of dealing
3 with stray animals after the animal shelter closes for the rught. Flease place this on an agenda
a soon.
s Carolyn Penn Alcott, 419 E Street - Putnam Plaza - She had heard that there were
6 derogatory remarks made about the teens in Putnam Plaza and felt that was not an
~ appropriate reaction. Most of those teens are good people; there are only a few who are
s disruptive. She referred to a youngster who has been frisked by the'Police three times. He
9 did not tell any adult about it, because no one would do anyttung about it. Why does the
~o Police have to put in a surveillance camera?
ii Jerry Price - Marin Open Space - He went walking last Sunday in a Marin County Park
i2 where there were no limitations on public access. That is the way Lafferty should be.
i3 COUNCII. COIVIMEN'~'
~a Jane Hamilton - Doss - She would like staffto advise the where the appropriate place would
is be to place the kennels at the Police Department for night time containment.
i6 Putnam Plaza - She has had many calls form citizens who have expressed the same
~~ sentiment regarding the Plaza. The feedback is there could be more problem solving. Bring
is this back on the agenda. Not satisfied with the piped in elevator music. She is interested in
~9 the park design. She is sure there are other things that can be done besides altering the park
2o design. Central Park was a problem 8 to 10 years ago. '~here are 3 to 5 people who are
a~ causmg a disturbance. There ought to be 3 or 5 more places around.
Zz Matt Maguire - Putnam Plaza - the surveillance camera is being placed in the Plaza by a
2s business owner. At the meeting the main thrust was to talk to the kids. The whole point that
2a the Downtown Association was to take is a very humanistic app~oach. If there is a kid who is
2s being frisked repeatedly, he would like to know so he can talk ta the Police Chief about that.
a6 Do~s -~Ie agrees that there should be kennels at the Police Station.
z~ New Wastewater Plant - He wants to bring up his comments at the next Sewer Committee
zs meeting.
29 ~ Pamela Torliatt - Putnam Plaza - Itegarding the downtown issue, the merchants' association
3o is trying to have a humanistic approach to it. She believes they are trying to work with the
si kids and work with them directly. If that isn't happening, call us.
3z New Wastewater Plant - She has asked to have the V6~astewater Committee meetings
3~ changed to the evening so that she will be able to attend
34 Meeting with Other Commissions - She brought up at the first meeting that she would like
35 to meet wrth the other commissions and committees before the Council goes into a Goal
36 Setting session. We should set a date after we have chosen the City Manager.
s~ Team Buildin~ - When will this occur? (Response - the subject is on the next agenda.)
; ..,~~r;~r. ::*~"t°•:ti~';:'~5~`lr~`'N., .
February 3, 1997 Vol. 30, Page 205
i Mary Stompe - Ft. Worth Bud~- The Finance Director is reviewing the Ft. Worth budget
z format, and the budget will be available on diskette tlus year.
3 Stop L,~ht - She received a letter from an 11 year old who wants a stop light at Petaluma
a Blvd. South and Mt. View. She asked for information on he status of that project.
s Crraffiti - There has been graffiti on the new sound wall. We should make a community
6 project out of this and perhaps paint a mural on the sound wall.
a I~o~s - She supports the dog cages at the Police Station.
s Putnam Plaza - Appreciates comments about Putnam Plaza and notes the feelings people
9 have. We understand there is a certain population that is a problem. We need to continue to
io work with them. She would like the I)owntown Association and Police Department to
ii continue to work on ttus, but kids will be kids and they will hang out.
iz David Keller - Putnam Plaza - Thank you for your comments on teenagers. The sense that he
i3 had from the Downtown ~lssociation was they were separating the good youth from the
ia several problem generators. He did not hear a blanket condemnation as the earlier speaker
is might have heard.
i6 Roos-Collins - He asked the City Attorney for comments about the contacts he has had
i~ with Mr. Roos-Collins and the petition to the State regarding use of Adobe Creek water.
is (Richard Rudnanslcy has been in touch with Mr. Roos-Collins regarding the petition.) Mr.
i9 Rudnanslcy was asked to forward confirmation of the final petition to the Council.
Zo Vasco Brazil - l~ssistanY City NYanager Warren Salmons was aslced what the progress has
2i been with reporting wastewater overflow on the Brazil Ranch. (City Engineer Tom Hargis
zz advised a report has gone to Mr. Brazil this evening.)
23 New Wastewater Plant - He is disturbed by the two proposers and their request for the
za limitation of distribution of their "proprietary information" resulting in the Council's "lack of
as pernussion" to view it. (Assistant City Manager Salmons has asked the City Attorney and
a6 Attorney Geoffrey Yarema to advise staff on this issue.)
2~ Treated Wastewater Im ag tion - When is the RAM contract revision coming back to the
Zs Council? (City Engineer Hargis advised February 18 would be the date.)
29 Nancy Read - Downtown Mid-block Cross-walk - Kudos to the Public Works Department
3o for the imbedded blinking lights on Petaluma Blvd. North at the mid-block cross walk.
31
PItOCI.AIVI~~'IONS
sz Mayor Hilligoss read a proclamation for the week of February 9- 15, as "Give the Valentine
33 of Life, Be an Organ I~onor" weelc sponsored by the ~warus Club.
34
PETI~'IONS AI~TD COI~IIVI~JNICA'TIONS
3s Marin County Mayors and Councilmembers - A letter from the Mayors and Councilmembers
36 of Marin County indicated their desire to work with other cities in the North Bay I~ivision of
3~ the i.eague of Califorrua Cities Yowards deveYoping ways to more effectively protect cities'
3s interests through cooperative efforts with Sacramento. The Council expressed their desire to
s9 join in the effort to create a better city/state fiscal relationship.
ao Letter from the Fair Political Practices Commission (FPPC) - The City Council considered a
ai letter from I~arryl E. East, Division Chief, EnforcemenY Division, to City Attorney Richard
az Rudnansky, dated ~anuary 9, 1997. This letter responds to questions regarding the
a3 "Committee of Choice" which had sponsored two petitions intended for the November, 1996,
44 ballot, but which petitions were found to have insufficient signatures.
a' ' d' : : '.
~pi ~ =u,~yA; . , , ,
-§~.`ej..+ . .
Page 206, Vol. 30
February 3, 1997
~s+:;,,F ~';~,a-.
i The letter referred to an article in the Petaluma newspaper, the Ar us Courier, in which there
2 was reference to a person whose contention is that the person did not work for the
3 Committee and was not paid by the Committee. The letter went on to say a member of the
a FPPC staff has spoken to Mr. Alcott regarding this issue. Councilmember Maguire asked if
s Mr. Alcott would go to the speaker podium, then the Councilman asked Mr. Alcott whether
6 or not he had spoken to the FPPC. Mr. Alcott stated that he had not spoken to the FPPC
~ subsequent to Mr. Rudnansky's letter. Mr. Alcott was asked if the newspaper or anything
a else would prevent him from giving answers to the FPPC. He said he couldn't think of
9 anything.
io The City Attorney noted the Secretary of State's office is doing an investigation of violations
ii to the State's Election Code. They don't deal with the Fair Political Practices Commission.
iz However, if they find violations to the State Fair Political Fractices Code, they will refer
i3 those violations to the FPPC. The Secretary of State's office has advised the City Attorney
ia that the investigation of the Committee of Choice petitions is one of the top priority matters
is to one investigator. They give out very little additional information. Regarding the Statute
~6 of Limitations - for criminal violations the statute is 4 years. There is a blanket 3 year statute
i~ on civil violations.
is Council comments:
i9 ° Thinks the City should wait before we spend City staff time on this
ao • The trail will be cold then
2~ • Take it pretty seriously what happened with the initiative process: how it's used by
z2 people wrth a political agenda and with money interests
zs • FPPC does not have any files other than letters from the City Attorney.
za • We could go through the Police Department. Don't think that it would take but a
zs fraction of what it took with TLC
26 • There should be investigation about the Casa Grande High School students circulating the
a~ petition. (The City Attorney said that was an Election Code violation and the Secretary
Zs of State's office is working on that.)
z9 • T'he worst violations are with the Secretary of State.
so ° Don't want to start an investigation on the minimal portion of the, violation.
3i • Heard a number of people made direct payments `off line' to signature gatherers. Now
3z we don't know how much that is. That is a serious allegation.
33 • Don't want to duplicate efforts. Maybe we could visit it again in 30 days, and then go
3a forward.
ss • We need to do it ourselves to get resolution on these inegularities. Then we can present
36 it to the FPPC.
3~ • Do we have any idea when we will get the Secretary of State's report? (The Gity
3a Attorney said, no.)
sv ° I am not a detective, nor am I going to pretend to be one. Laws have been broken.
ao Would like to see our police department take a look at ttus.
ai •~Iave this on the next agenda with comments from the Police as to what they need to
az begin an investigation so we can an informed discussion.
as • City Attorney Rudnansky reminded the Council that when this first came up, he talked to
aa the Secretary of State regarding a dual investigation. If the Police start investigation, the
as State's file would go from active to a tracking file. It would be his advice that the police
46 not get involved at this time.
. . ' 'R~3%'~ i!k'.'~~: ..,.n,~ -
February 3, 1997 Vol. 30, Page 207
i ~SO. 97-35 NCS
z ~'ItAl`TSPOR~'A'~ION PART'NERS EPA
3 Resolution 97-35 NCS recogruzing the Transportation Partners Program of the LJ. S.
a Environmental Protection Agency. Introduced by Matt Maguire, seconded by Pamela
s Torliatt.
6 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
7 Noes: None
~ Absent: None
9 O~E~t TO 5~0~' CAZT5E
io ~22 PETAI.ITIV~ ~I.~. I~iORT~
i i This matter was continued to March 18.
~2 ItESO. 97-36 NCS
i3 APPE~L PFENIDLEIt FENCE
ia Resolution 97-36 IVCS directing the City to appeal the fence pernut at 750 Sonoma 1Vlountain
is Road. The owner of this property had a 7 foot fence erected recently. '~he City was not
i6 contacted about the proposed fence, and the company that erected the fence did not obtain a
i~ permit, in the beginning. It was noted that if a six-foot fence had been constructed, it would
is not need a County pernut. There is a question as to whether or not the fence is on the
~9 property line. There was comment that the State Fish and Game has expressed concern that
zo a seven-foot fence would impact the wild animals' movements.
zi Councilman Keller asked the City Council to consider filing an appeal with the Sonoma
22 County Permit and Resource Management Department regarding issuance of the Pfendler
zs fence permit. 'The Sonoma County Permit Department issued a fence permit for a 7-foot
za chain link fence at 750 Sonoma IVlountain Road on January 7, 1997. The pernut can be
as appealed within 30 days (February 7) to the Board of Building Appeals. The appeal filing fee
z6 is $175. The Board is a techrucal body whose decision is final, staff was told.
2~ Robert Stimson, questioned the veracity of statements that have been made about Mr.
2s Pfendler. He had taken a trip to Fall River Mills to learn what he could. He learned that
29 some people were upset because they were no longer allowed to hunt on property owned by
3o Mr. Pfendler, and a Federal of~icial in Redding told lum that they were in a project with Mr.
s~ Pfendler, on that same parcel, developing a wildlife enhancement project. They had a very
sz good working relationshi~ with Mr. Pfendler. Some Councilmembers asked that Mr.
33 Stimson speak to the fence.
34 Bill Kortum, 180 ~ly Road - the State Fish and Game will send a letter to the City about the
3s serious effect the fence is to wildlife. You should appeal ttus. We don't want the fence; it's
36 such an ugly ttung. The wildlife will be hindered in wandering the mountains. You are going
3~ to have deer population problems on both sides of the fence. ~'here will be real confusion.
3s The State Fish and Game made a property owner in Bennett Valley open their fence. In
s9 answer to the question, "T'he operungs in the fence, do you mean at certain points the fence
ao would have to be lowered so the deer could jump over it?" he said, "that's my
ai understanding." Fish and Game is very critical of impingement on that movement.
Page 208, Vol. 30 February 3, 1997
i Will Stapp, 210 4th Street - strongly urged the Council to appeal. The smaller deer will get
2 hung up and die. Foxes and rabbits can't get through the fence. The fence serves no
s agricultural purpose. These types of fences are put around grape vineyards or where there is
a a crop that could be damaged severely by deer. There is no type of fence like that on Mr.
s Pfendler's property, although he has vineyards further down the mountain which are not
6 fenced with that type of fence. It is out of sync with the types of fences that you. see on the
~ mountain at this pomt. It is downright not neighborly. He did not consult us, as neighbors.
s It violates legal principles the City needs to uphold. There are esthetic reasons; the fence is
9 ugly. It's out of place on that mountain.
io Janice Cader-Thompson, 732 Carlsbad Court - appeal the fenc~. This is not just a 7 foot or 8
ii foot fence, this is a mile long. There are ways to do a fence. $175 is not much to spend for
i2 an appeal . Mr. Pfendler doesn't have the right to put a fence where he wants it. This is a
i3 principle.
ia Peter deKramer, 515 Western Avenue - supports the appeal. He cut down our trees.
is Robert Ramirez - wilderness is an issue, you should go up and see the fence. This is bad.
i6 We don't have a rock wall anymore.
i~ Doug Dailey, 320 Pleasant - called the County to ask about the appeal process. There seem
is to be grounds for an appeal. The County issues fence permits without dealing with CEQA
i9 issues. We protest on environmental grounds.
2o Council comments -
2~ • Would like more information about the decision of the Board of Appeals being final.
za ° The only way we are going to determine where the property line lies is to do a survey.
zs Put the survey on the agenda and get that going at the next possible meeting.
za ° It is legal to put anything on that property up to 6 feet high, and with that, we should be
Zs going to that.
26 • T'he County should look at its policy of allowing 6 foot fences without looking at
z~ environmental issues.
Zs • The locks. on the gate to Lafferty should be changed.
z9 The resolution was introduced by Pamela Torliatt and seconded by Matt 1Vlaguire.
3o Ayes: Keller, Torliatt, Maguire, Vice Mayor Hamilton
3 i Noes: Read, Stompe, Mayor Hilligoss
32 Absent: None
33 RESO. 97-37 NCS
3a CDBG - ACT'ION PI,AN
3s Resolution 97-37 NCS modifying fiscal year 1997-98 Action Plan priorities of the City of
36 Petaluma Consolidated Plan Strategy as follows:
s~ l. Serving Petaluma's homeless persons, including operation of Petaluma's two
ss homeless prevention programs.
39 2. Pravision of rental uruts for very-low and low income residents, particularly
ao those uruts with supportive services.
. .M1=~ ~~~7., , .- . . .
February 3, 1997 i~ol. 30, Page 209
i 3. Improvement of accessibility in public facilities and low-income housing for
a persons with a disability.
3 4. I'romotion of housing choices and opporYunities.
a 5. I'rovision of programs, projects, or facilities which enhance the community's
s child care capacity for low income households, with particular focus on
6 welfare-to-work.
~ 6. ~'rovision of programs, projects, or facilities wluch provide job-related
~ assistance to low-income persons.
9 Staff noted the new Federal welfare regulations include that there will be a 5-year lifetime
io assistance limit, a 2-year welfare to work requirement, and there are resurrections on
ii unmacried teen parents. ~,egal immigrants will no longer get SSI and food stamps.
i2 LTnqualified immigrants are barred from all federal, state and local assistance. Persons with
is drug and alcohol disability are no longer qualified for SSI; that equals 10% of the people the
ia homeless that the City deals with. The City was complimented by HCJD officials for the
is efforts that have been made towards assisting people to `get back on their feet.' The main
~6 thrust of the Federal government now is "provision and enhancement of child care and job
i~ related services." Mary Stompe asked the City Attorney if she should abstain because she is
~s on the Board of Petaluma People Services Center. The City Attorney advised that it would
i9 be the best decision for her to abstain. With the Federal government changing the method of
Zo assistance from Federal to State and local agencies, it was suggested that meetings with
2i Supervisor Harberson should be undertaken soon. Introduced by Vic~ Mayor Hamilton,
zz seconded b~ Nancy ]E~ead.
23 Ayes: Read, Keller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
2a Noes: None
2s Absent: None Abstain: Stompe
z6 ~'6'~ITE OAK ES'I'~TES
z~ SONO1VgA MOiTl~1T'AIN (CO~JN~I
z~ Councilmember Keller has asked the Council to review, discuss, and offer comment to the
z9 County about the proposed County subdivision called Wtute Oak Estates, which is being
so planned for 34 lots, a 6.5 mile public trail and an overall zoning density of 48 aces per unit.
3i Planrung I~irector Pamela Tuft noted there are five areas of concern: Traf~ic, Fire protection,
3z Visual analysis, Trails and School impacts. The following persons spolce against the
33 proposed subdivision. They a11 felt the placement of the houses would be too visible, the use
3a of water could affect neighboring agriculture, access could be a problem, a six mile trail is not
ss compatible with agriculture, the Sonoma F'arm Bureau had not been contacted regarding the
36 planrung process, and the Sonoma County General Plan says to protect agriculture.
37 John Blayney, 3350 Wtute Alder, Sonoma - representing the George Ranch I~omeowners
3s Association, Sonoma Mountain Preservation Group
39 John Barinaga, 421 Cirove Street, Sonoma
~o Ray Banon, 18932 Viewcrest Drive, Sonoma
ai Bill Kortum, 180 Ely Itoad, Petaluma
az J. Howard Moes, 4050 Earlena I.ane, Santa Rosa ~
43 Pat Cheda, Sonoma l~lountain Road
Page 210, Vol. 30
~ebruary 3,1997
i J. Howard Moes, 4050 Earlena Lane, Santa Rosa - representeci the Bay Area Ridge Trail and
2 spoke in support of the addition to the trail.
s It was moved by Mary Stompe, seconded by David Keller, to request that the Sonoma
a County Permit and Resource Management stay with the General Plan and, with the project as
s currently stated, deny the project. The City is to send a lett~r to Supervisor Harberson to
6 support the trail.
~ Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor I~amilton, Mayor Hilligoss ,
~ Noes: None
9 Absent: None
io I2ES0. 97-38 NCS
ii SEWER FEE INCItEASE
iz Resolution 97 38 NCS authorizing increase of the sewer fee by $0.75 per month per
is residence (from $15.00 to $15.75) and increase the commercial and industrial user rates from
ia $1.58 to $1.68 per 748 gallons ofwater/month. The Finance Director said the goal is to have
is a new utility billing system within the next 12 - 18 months.
i6 Roger Gadou, 207 8th Street, representing bathroom users -• Sewer rates - when will this
i~ stop?
is Sewer Pond Fence Height - How high is the fence at the sewer ponds? Deer jump over
i9 that.
zo Victor Chechanover, 2301 Marylyn Circle - Sewer bill tied to water usa~e - urged the
zi Council to charge for sewer use by the amount of water used. Four years ago he was told
22 that can't be done because the computer can't handle that. It seems like a simple arithmetic
23 problem. T'here has to be a more equitable basis to do this. It shouldn't take 5 years to
aa accomplish this.
Zs Wastewater irrigation - Regarding wastewater, he would like staff to come up with why
26 we are paying all this money to move equipment on private property. Why don't the ranchers
2~ take individual action? It's time to give consideration to the rate payers. Now Novato
zs charges $9 for wastewater irrigation. How come Novato water is so cheap? •
z9 Vasco Brazil, 4551 Lakeville Highway - he is lucky because he doesn't have to pay for sewer
3o rates. I~ow does Novato manage to be so cheap?
3i Introduced by Mary Stompe, seconded by 1Vlatt Maguire.
3a Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
33 Noes: None
34 Absent: None
3s Councilman Keller asked that the utilities commission come to the table very shortly.
February 3, 1997 Vol. 30, Page 211
1 ADJOUI2N
z At 10:45 p.m. the meeting was adjourned to February 9 at 10:00 a.m..
s ATTEST:
9 i
10 /
/J i
11 l ~/f~i~~~/ /1~'i4i:E%C.~/I
ia Patricia E. Bernard, City Clerk