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HomeMy WebLinkAboutMinutes 01/21/1997January 21, 1997 Vol. 30, Page 18'7 i Ii~IN~JTES ~ z O~ A ~GiTg.AR I~EETII~TG ~ 3 PETAI.~JIVI~ CI~' COj1I+~CII. a '~~TESIDA~', JANUA~t~' 21, 1997 1 s ~20LI. CAI,L 3:00 q.m. 6 Present: Maguire, Barlas, Read, Shea, Mayor Hilligoss ~ Absent: Vice Mayor Stompe,Hamilton, a 9 City Attorney Richard Rudnarisky attended the entire afternoon. io PIT~I.IC COli'IIVIEN'~ ii David Layne, S 18 Galland St. - requested the City close the Group Residence Facility located at iz 520 Galland Street, which is adjacent to the Layne home. This facility for at risk boys has been ~3 operation for a number of years. The boys who have been placed in the facility do not come from za Petaluma; he understands that the operator and the property owner are not from Petaluma, either. ~s The youth need a better opportunity than has been made available for them at this location. The i6 drive by shooting at the facility a few days ago is simply one more incident related to the situation. ~~ That incident was one of the "success" stories which really failed. He went back to the east bay, is brought peopie back to the area, and did the drive-by shooting. He asked for the City's help to i9 do one of the following, "(1) withdraw the permit to operate the facility, (2) remove all zo restrictions that were imposed (but never enforced), or require that a FAMII.Y live in the facility Zi and that the NAME of the facility appear on all vehicles with the phone number to report a2 problems to the city, fix all violations and bill the property owner, expert staff only be employed zs (not 1~ years & a clear TB test), prohibit the profaruty and "hate music" which degrades women, Za the police and other persons." zs 1VIINjJ~ES 26 The rrunutes of the January 6 meeting were approved as amended: 2~ Page 172, Line 8- City Engineer Hargis was congratulated on the completion of the Payran 2s Bridge. z9 Page 175, Line 27 - Louie Casazza said there was a drunk lying in a yard..... 3o Page 176, Line 11 - add, Doug I~aily passed out pictures. 3i Page 176, Line 32 ~ add, Pat Cheda contacted her attorney 3z Page 179 - CALPERS-1~ZA,XXAM Councilwoman Read requested staff do a verbatim of the 33 portion of the January 6 meeting where individual Councilmembers expressed their thoughts on 34 the Ma~arnCALPERS issue. The City Clerk completed the verbatim which reflects that there 3s were requests from Mayor Hilligoss and Councilwoman Read to have the I~~IA,XXAM-CALPERS s6 resolution divided into two subjects, (1) CALPERS investments and (2) logging stands of old 3~ growth redwoods. Page 188, Vol. 30 January 21, 1997 ~ CONSENT CALENDAR 2 The following items which are noncontroversial and which have been reviewed by the City 3 Council and staff were enacted by one motion which was intrr~duced by Mary Stompe and a seconded by Matt Maguire. 5 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Mayor Hilligoss 6 Noes: None 7 Absent: Stompe, Vice Mayor Hamilton s RESO. 97-11 NCS 9 CL,AIMS ANI) BILLS io Resolution 97-11 NCS approving Claims and Bills #61288 to #61604. i ~ ~SO. 97-12 l~CS ~z CEIV'T1tAL PETALITMA SPECIFIC PI,AN APPOINTIVIENT' ~3 Resolution 97-12 NCS appointing Councilman David Keller to the Central Petaluma ia Speeific Plan to replace former Councilmember Lori Shea. ~s RESO. 97-13 NCS ib PURC~-IASE NATURAL GAS VAN ~ ~ Resolution 97-13 NCS authorizing purchase of a 1997 12-passenger compressed natural gas ~a van from S& C Ford for $27,842.50 for the Parks and Recreation Department. ~9 RESO. 97-14 NCS Zo RE.~CT BIl)S FOR SURVEY VAN ai Resolution 97-14 NCS rejecting bids for an 8-passenger compressed natural gas van. Funds za are available from the State AB-434 account for purchase of such a vehicle for the z3 Engineering Department. Bids were solicited from 39 vendors. Six vendors responds with za bids which are over budget. Staff will proceed to attempt to purchase a survey van for the zs Engineering Department through the State's contract. z6 ~SO. 97-15 NCS z~ PLTI~CI~ASE PICKiJI' SiJRVE~' '~'RLTCK Zs Resolution 97-15 NCS authorizing purchase, utilizing State contract, of a 1997 compressed z9 natural gas powered pickup truck, 2 wheel drive, 6 cylinder engine, 6,400 Gross Vehicle 3o Weight, with an 8 foot bed from Folsom Lake Ford for $17,916.00 for replacement of the s~ existing survey vehicle.. 32 . . . . End of Consent Calendar. . . . 188 _ ~ i ~ ,. -. qa.;~~!'S.`~:~. r.„:b=i"~+ t ~ . January 21, 1997 Vol. 30, Page 189 1 I~SO. 97-16 NCS 2 PiJI~C~ASE F~ C~lEF CA~t s Resolution 97-16 NCS authorizing purchase of a 1997 Ford Crown Victoria from Sun Valley a Ford for $20,402.58 for the Fire Chief. Introduced by Nancy Read, seconded by Pamela s Torliatt. 6 Ayes: Read, Keller, Stompe, Torliatt, Mayor Hilligoss ~ Noes: Maguire '~ ~ Absent: Vice 1Vlayor ~-Iamilton 9 *Thought use of a mini-van should have been considered. io P~J~1VA1'VI ~I,AZA i i There has been a growing amount of undesirable activity at Putnam Plaza. These activities iz include littering, vandalism, narcotics, skateboarding, bicycling, blocking sidewalks, ~s intimidating citizens with aggressive behavior, vulgarity, and a general lack of respect for ia authority. The Downtown Merchants Association, Parks and Recreation Commission, Police ~s Department and City Manager's office have been discussing the problems and have i6 developed some suggestions. ~~ Staff was advised by Councilmembers that the downtown restrooms have been found to be ~s locked and asked that this be looked into. Council also advised staff that the users of Putnam ~9 Plaza play some kind of bowling game in the alley behind the park; also, the alley should be zo cleaned of trash on a more frequent basis. zi Linda Buffo, Executive Director of the Downtown Association - noted the Association has 22 developed a list of topics and issues to be dealt with now, and others to be dealt with in the 23 future. The first of which is addressing the problems that exist in connection with the various Za uses of Putnam Plaza. Currently the actions of some users of the Plaza are inappropriate, zs illegal and disruptive to businesses. The age range of the users of the Plaza is mostly between z6 the ages of 15 and rrud-30's. We have identified a number of the youth. The Councilmembers 2~ probably know a number of them. 2s This is a complex problem. The issues that the Police Department can deal with are now 29 being worked on. The Parks and Recreation Commission has also been helpful in helping to 3o malce the Plaza a better place. There is a social deviance issue that has not been addressed 3 ~ yet. 3z It has been suggested that the design of Putnam Plaza can be improved in such a way that 33 would discourage some of the problems. 3a The Downtown Association and others, who have been enlisted to help, are looking for 3s sources of funding. Through their newsletter we are trying to engender improved 36 communications among the business owners. s~ The Councilmembers expressed their appreciation to Linda Buffo and others who have joined 3g to assist in this effort. It was suggested that there should be more public space than this one 39 in the downtown area. ao Jeff Harriman, member of the Downtown Association - The first Wednesday of each month a~ there is an 8:00 a:m. meeting and the Councilmembers, as well as other interested parties, a2 were encouraged to come to their meetings. People aren't treating the downtown with a3 respect. He feels that a Police foot patrol is the only answer to the problem. aa Jon Jertugan, 775 Baywood Drive, Suite 318, property owner of the Starbucks' business. He as did not know the restrooms were locked and will look into that matter. He is getting bids for 46 a video camera to tape some of the acts for the Police or whoever is interested. Page 190, Vol. 30 January 21, 1997 ~ Captain Parks said they are all working in partnership. The police are using the restraining 2 order process to isolate individuals and to remove them from the area. Park redesign will 3 help., Regarding social serviees, COTS (Committee of the Shelterless) and the schools will a be of help. We also hope to include the local youth to assist witri ideas that can help. s LIAISON REPOR'TS 6 The Sonoma County Transportation Agency is warking with elected federal officials to ~ obtain assistance in funding for Highway 101 improvements. s CLOSEl) SESSION 9 At 4:40 p.m., the City Council recessed to closed session for a conference with legal counsel io about anticipated litigation - significant exposure to litigation pursuant to Government Code ~ i §549569(b) - 1 case; and conference with legal counsel on anticipated litigation; i.e. ~2 initiation of litigation pursuant to Government Code §54956.9(c) - 2 cases. ~3 ADJOURN to dinner at J. M. Rosen Waterfront Grill, 54 E. Washington Street. ia RECONVENE - 7:00 p.m. l5 Present: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss t6 Absent: None 17 l8 City Attorney Richard Rudnansky attended the entire evening. i9 PI,EI3G~ OF t~I,~,EGIAIVCE zo Former Councilmember Jack Balshaw led the 1'ledge of Allegiance to the Flag. Zi MOMEN'I' OF SILENCE zz PUBL,IC COMMENT 23 Jack Balshaw said it is not appropriate for the Lafferty Comrnittee to be allowed to bring Za friends and relations up to the hill site for a tour. The Council asking the Recreation Zs I~epartment to fund the costs for Lafferty is jeopardizing the Recreation budget. If you want z6 to develop a budget for Lafferty do so, but don't take the money from other departments. He Za has concerns about a subcommittee of the Lafferty Committee meeting in secret. They are 2g your representatives. If you have a committee, they all should have access to everything the a9 committee does. No one should be excluded. Their meeting should be as open as the 3o Council's meetings. 3i Claire Sutton, 601 Galland Street - brought in a listing of police calls generated because of 3a actions at the group home where the drive by shooting occurred recently. This group home 33 for youths is really managed very poorly. The kids in the neighborhood are afraid of these 34 people. They are intercity kids; they are not from our town. We ask that the use permit be 3s revoked. Staff advised this is scheduled for a Planning Commission meeting soon. 190 ti~,~~.,~;:~,. ~~ ~ ' ' ~ • ; ~~~- nt=~iYt'l~.'1' . . ' ' ~.. • . January 21, 1997 Vol. 30, Page 191 1 P~JBL,IC COIVIlVIE1VT 2 Beth Meredith, 104 Sth Street - she asked for an acknowledgment of individual public comments 3 and an indication when the query would be answered. A structured active listening procedure a would be helpful for all. She went on to say that (1) an acknowledgment could be made about s who and what was said .(2) Questions could be asked of the member of the public for 6 clarification if that were necessary. (3) If you (Council or staf~ have some information to address ~ to the issue immediately, make that point of information. (4) After the comment has been made, s indicate what happens from that point. She asked that this be placed on a future agenda. 9 Vasco Brazil, 4551 Lakeville Highway - read a letter asking for clarification of an incident io which occurred on November 11 last year. Treated wastewater was allowed to run into ii Wheat Creek and the Brazil Ranch reservoir. 1VIr. Brazil became aware of the incident when iz he was reading a monthly wastewater report one month later. He has been unable to obtain i3 more information and asked for clarification of any policy for notifying a property owner ia when such an incident occurs. is Victor Chechanover, 2301 Marylyn Circle - he is discouraged by the cable television channel i6 changes. He added that he was not informed of such changes. There is a danger in allowing i~ a mono}~oly such as TCI. He hopes that in the future more attention will be paid to this type is of contract. I~e agreed with Beth 1Vleredith's comments. Regarding the wastewater i9 irrigation contract, the public hasn't heard anything further about this. The contract is up in zo March and this is the end of January. Your influence should be greater than that of those zi who pay the bill. This happened last time two weeks before the Spring system started. 22 Assistant City Manager Salmons noted that Messrs. Hargis and Ban from the Engineering 2s Department have been working with the ranchers on a contract. za COUI~TCIL COlVIM~NT 2s Mary Stompe - Wants to explore what an east side police substation would cost and would 26 like that placed on an agenda. The residents on 6th Street would like the 30 rrule per hour 2~ speed limit reduced to 25 miles per hour. She wants this refened to the Traffic Committee. 2a The eucalyptus trees that screen the homes between the U. S. Highway 101 north bound 29 VVashington Street off-ramp and Stuart Drive were destroyed during the oil tanker fire last so year. It is time to assist those residents and urge the State to help in the cost of tree 3i replacement. The plan for the Petaluma Police communication system upgrade to a 3z Computer Aided Dispatch (CAD) system indicates some timing discrepancies. She would 3s like a staff report outlirung how that CAD system can be up and running within 18 months. 34 Staff says it will take 3 years. This is unacceptable. She wants an ongoing status report on 3s each agenda until the system is on line. There is an area on eastbound Washington Street at 36 McDowell where the roadway striping is barely visible. She gave the Finance Director a 3~ budget guideline produced by the City of Forth Worth. She would like a report on the sa feasibility of that document soon. 39 David Keller - Beth Meredith's suggestions are good ones. He wants a proposal regarding ao the responsi~eness of the Public Comment time of Council meetings. It will make that time ai more meaningful. Vasco needs an adequate staff report with documentation on both issues az so that he can have a chance to respond before the Council gets copies of the data. Page 192, Vol. 30 January 21, 1997 ~ David Keller, cont'd. - Victor Chechanover's concern about changes in cable service 2 reminded the Councilman during his travels recently, he saw a newspaper with a full page 3 ad paid for by TCI outlining the changes in that particular city's cable television. That could a have been done in Petaluma. The RAM wastewater irrigation contract points to the need to s get that utility commission in place before more of these questions come up. Let us be 6 prepared in advance. There were only two responses to the wastewater treatment plant ~ request for proposals. He would like to talk to the vendors who did not respond to find out s what is wrong with the vendor process. He has received letters from residents who live east 9 of Highway 101 regarding their interest in the downtown railroad area. The tenor of those io letters indicates there is much interest in the development of the downtown railroad area ~ ~ from all sections of the community. He encourages anybody who is interested in i2 participating in the planning for this vital downtown area to contact the Planning ~3 Department to obtain meeting information or other data. ia Pamela Torliatt - said it would be very helpful if staff would indicate who the authors are of ~ s memoranda being sent to the Council, rather than simply zndicating the name of the ib department from which the memoranda was generated. i~ Matt Maguire - regarding the suggestions from Ms. Meredith, he noted the Council tries is within the constraints of the Brown Act. To Jack Balshaw, the Lafferty committee members i9 were in closed session due to discussion of litigation. He participated in an auction recently Zo which generated $2,500 for COTS. At Shollenberger Park we are having a bad problem 2~ with dogs. Nine or ten dogs have been seen running around after the birds. The dog sign zz has been torn down. A new sign will be installed and all dogs will be required to be on a six z3 foot leash. We are hoping people will go to the dog park. At the business which is za operating next to Shollenberger Park, pallets have been thrown across the path. Regarding Zs Lafferty Ranch, he has requested that the Fire Chief report on fire issues, and to date he has zb not received an answer. There have been two responses on the wastewater plant bids. A z~ report will be coming to the Wastewater Committee in the near future. It would be worth a za Council discussion to look and see if we feel that two responses will give us the benefit of z9 the privatized approach strategy. 3o Warren Salmons said the evaluation of the wastewater bids will probably be sent to the 3~ Council in about May. 3z Nancy Read - it looks promising that we may have a"Web" page on the computer internet 33 very soon, 34 Jane Hamilton - agrees with Ms. Meredith's comments about the Public Comment time on 35 these agendas. 36 Mayor Hilligoss - suggested the Council also need some guiding words from the City 3~ Attorney on the proposed expansion of Public Comment processes. 3s ~SO. 97-17 NCS 39 ~~f~~wE1Z'~RS - ~E~~~~R~ ao At the January 6 meeting the Council reviewed the investment of CALPERS in the 4fl 1VIAXXAM Corporation which is the parent company of Pacific Lumber Company which is aa practicing "non-sustainable logging methods in the area of the I~eadwaters Forest in four old 43 growth groves which is causing disturbance to the critical habitat within the ancient redwood aa forest ecosystem." 192 ,a!~:Srt;p~~,,,,~~1...~,KFaG~l j~~._y-~'~ M"~~jw'`~~'+'r~ • . . :s r . .~ .. January 21, 1997 Vol. 30, Page 193 i There was concern by one Councilmember that the resolution should be in two parts: One z part relating to relating to the wisdom of the investment in MAX~~AM, and the Second part s relating to the logging of o1d stands of redwoods by a subsidiary of 1~tiAXXAM, Pacific a Lumber. Other than that, there was agreement with the City Council's resolution of s objection and letter to CALPERS expressing that objection. 6 A Council suggestion was that a letter be drafted for the employees to send to CALPERS if ~ they, too, oppose the issue of logging of old growth redwood stands in the Headwaters s Forest. 9 Victor Chechanover, Petaluma Progressives - spoke in support of the Council's opposition to io the issue. ii After more discussion about whether or not the issue should be either continued or divided i2 into two resolutions, it was moved by David Keller and seconded by Matt Maguire to adopt ~s the resolution and letter as presented to the City Council as one resolution. ia Ayes: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton is Noes: Read, Mayor Hilligoss i6 Absent: None i~ I,AFFEIt'I'Y ~iNC~ is T'he Council had a resolution tentatively numbered 97-18 NCS before it; but the resolution i9 was not adopted. That resolution was to modify the Lafferty Access Committee site visit Zo mechanics; i.e., the Lafferty Access Committee members may take other individuals to Zi Lafferty Ranch for the purpose of obtaining input for development of the Management and ~z Use Plan, subject to the access processes previously established by the Petaluma City ~s Councifl. 2a The Council received this date letters from Lafferty Access Committee member John Zs Seamann and Leslie Perry on behalf of the Sonoma Mountain Conservancy. Mr. Seamann z6 expressed concern about allowing friends and family of committee members to tour the ~~ mountain property, about the committee appointing additional people to a committee which zs was appointed by the City Council. He refened to a modification of the Council direction z9 regarding dealings with the Sonoma mountain property owners, expressed concern about the 3o Committee requesting immediate access to the mountain prior to resolution of various legal si questions, concern about the appointment of non-committee members to a subcommittee of s2 the Lafferty Access Committee, and the appointment of numerous subcommittees which 33 appears to preclude memberslup of the subcommittees by the only two Sonoma Mountain 34 property owner members on the I.afferty Access Committee. 1VIr. Perry's letter related to the ss Lafferty Access Committee expansion of its memberslup for the purpose of access to the 36 property. He said this action requires compliance with the California Environmental Quality 3~ Act. sa Beth Meredith - the proposal of the Access Committee is problematic. There was to be an s9 interim access plan and there is none because of the threat of lawsuits. In the meantime, a ao fence was built, and water was siphoned off. A number of people would benefit if they had a~ an opportunity to go to the property through provided tours. a2 i~Vill Stapp, 48 Tess - the Committee is not asking for friends and family to go up to the 43 property, they want a few hikers more than were appointed to the committee to make out a 44 plan for the use of I,afferty. as Bruce Hagen, 145 Grevillia - he is available for questions Page 194, Vol. 30 January 21, 1997 ~ Councilmembers voiced their agreement with the audience. The audience was advised that 2 the Council is concerned about legal issues, and the best action to take at this time is to wait 3 until all the necessary information has been gathered before authorizing any additional visits a to the mountain. s City Attorney Rudnansky said the goal is a long term access plan to visit the mountain, but 6 the time is not yet appropriate for said access. The`re have been threats of litigation. I~e has ~ cautioned to go slow, be careful, lay the foundation, and that is what we are doing. s Janice Cader Thompson - this is frustrating. Hire a firm to get this going. 9 Council comment - The Committee is making progress, if we don't rush and do anything ~o foolish, we will win this and have public access that is most suitable for that land. This is a i~ long, tedious process. By operiing the ranch to some members of the community and not to t2 others and not having everything in line isn't following the cautious road, which needs to be ~3 done. The Council agreed to have the Lafferty Access Committee work as fast as they can 14 with the resources the Council has given them. They hope that reason, comrnunity ~s participation and judgment would prevail so the threats of legal action would cease. There ~6 has been reference by several people that there was an access policy. There never was a i~ written policy. The committee should have a process that is fair. Between staff and ~ s committee members, they need to feel heard. They don't want committee members i9 squabbling with the Council. Mr. Saemanns should go back to the committee with his Zo concerns. 2~ LAFFERTY ItANCH GRAZING Za I~r. Bettman has requested a 1997 agricultural lease for cattle grazing on Lafferty Ranch as 23 he has had for many years. However, this year staff has suggested altering the specifics of za the proposed lease to include that Dr. Bettman is to pay a share of the taxes, Dr. Bettman is Zs to maintain the fences, including the fence on the Cheda property. Dr. Bettman would like a6 to amend the previous cattle head count from 50 head of cattle to 70 animal units, i.e., a unit 2~ being one cow and its eal£ Dr. Bettman would also like to amend the "indemnification" zs liability language which includes any `visitor or user' of the property. Because there will be 29 a larger number of people visiting the property, he feels that `blanket responsibility' of all 3o the visitors would excessive. Both parties agree that a month to month lease would be 3i acceptable. Staff has asked for expert advise on the ability of the land to furnish grazing for 32 cattle by identifying the number of cattle that would be appropriate for Lafferty Ranch. 33 Yigal Toister, 1263 Ponderosa Drive - supports grazing on property, perhaps with limited 3a times. 35 Bruce Hagen, 145 Grevillia Drive - before determining whether or not you will agree to a 36 lease, wait for the grazing study. 3~ Bruce Osterlye, Arams Cafe - wait for the grazing study. 3s Will Stapp, 48 Jess - supports the need for clear data on the number of beasts to be up there, 39 put the lease out to bid. 194 ;,.. .,i•T-.r. '-•:; ~,-~~~MF~ . ,.~1k ~ F_a'"~ .. . a};~;. January 21, 1997 Vol. 30, Page 195 i The property is not cunently being used for grazing. If there were grazing, it would be for 2 appro~cimately 7 months. Natural Resources Conservation Service is conducting a grazing s analysis at no cost outside of the amount each property owner has paid in taxes toward the a operation of this portion of government. That report cannot be done until early February. s There was no one present at the meeting to represent Dr. Bettman. Seven months of s property taxes on the property equals $1,680. 7 Council comments - Staff should give an assessment of the fence on Cheda property. There ~ is concern about the County fence permit. 'Phere is an appeals period, there should be an 9 appeal pressed by the City. T'here is a series of riunor tlungs that have happened that ~o cumulatively have caused concern about a neighbor's treatment of public property. There i i should be a range management plan in place prior to consideration of an agricultural lease. ~~ Some assessment of that property, the conditions, the slopes, the drainage, the vegetation, i3 and how many of cattle that property could sustain without significant environmental ~a damage. A Councilmember has trouble considering a lease with I~r. Bettman because he is is not here, and because Ius attorney has sent threaterung letters; that is a difficult business ~6 relationslup which this Councilmember would not want to enter into again. ~he cows i~ haven't been good for Lafferty. The Committee should give direction on what to do with the ~a grass, whether the City puts goats up there or not. Although the lease was for 50 head of i9 cattle in the past, one Councilmember has talked to members of the public who have counted Zo over 100 cattle at a time. Sending the question to the Committee is appropriate; however, ai the question is how fast the grass grows and how fast the Committee can get back to answer az this. Another Councilmember was willing to continue the cattle grazing on the interim basis; zs because cows have been up there for many years. Until we sort out the issue, we should 2a continue to work with Dr. Bettman. Dr. Bettman and his attorney were encouraged to attend as the Council meeting when the Council has the grazing study on the agenda. When this comes z6 back, the Council should discuss fencing of the wetlands area at the bottom of the property, z~ the places where the cows cross the creek, any other sensitive areas, rent, and fencing. If it 2s goes on through this year (Spring and/or Summer) it's not going to add that much burden to 29 I,afferty because it has been burdened sufficiently already, plus there are some positive sides 3o where since the perennial natural grasses have been wiped out by the imported annual grasses 3i the cows can eat. 32 ~32 PETAI,iJNI~i ~LVID. NOItT~ 33 The Order to show cause for property located at 822 Petaluma Blvd. North has been 34 continued to February 3, 1997. ss ~SO. 97-19 N~S 36 ~~2 (~iRE~N~ E~~~~~ s~ There has been considerable correspondence regarding a nuisance at 102 Grant Avenue. The 3s nuisance consists of a one-story detached accessory structure with a projected roof area 39 exceeding 120 square feet which was constructed without obtairung a building pernut. The ao owners, Mark and Erica Berardi of 102 Grant Avenue, have been notified of the hearing to ai be held on this date by means of an Order to Show Cause posted on the property on az December 23 and served by Certified and Regular mail on December 27, 1996. Those a3 persons who planned to speak on the issue were admirustered the verity oath. The public 44 hearing was opened. Chief Building inspector Kagan reported the details of the situation as from the City's standpoint. Mr. Berardi addressed the City Council noting that location of 46 the rear property line is in qtiestion. He has lived at this location for quite a number of years a~ and the fence located at tus rear property line has been there for even more years. His aa attorney has advised lum the accessory structure, the chi.ldren's building, is "grandfathered" 49 111. Page 196, Vol. 30 January 21, 1997 ~ The accessory building that is in question is used by children whom his wife cares for during 2 the day. They play house and have tea on that site. If the survey performed by Mogel 3 Engineering in November of 1993 is correct, the rear yard f~nce is six feet south of the a actual property line; and therefore, four feet of the children's play structure is on the adjacent s property. 6 Staff advised that his options are: (1) relocate the structure 11 feet from the fence; ar(2) 7 remove that portion of the structure located both on the adjacent property and in the rear s yard setback; of (3) remove the entire structure; or (4) apply for a variance regarding setback 9 requirements, although staff does not typically support or encourage this; or (5) apply for a ~o lot line adjustment. i i It was moved by Nancy Read and seconded by Matt 1Vlaguire to adopt ~he resolution and ra require abatement to be complete ~vithin 90 days (April 20). NIr. Berardi said that would 13 give him sufficient time to accomplish the necessary reconstrlrction. 14 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor I~illigoss 15 Noes: None 16 Absent: None i~ RESO. 97-20 NCS ~ a 614 KEN7'UCKY STREET 19 There has been considerable correspondence with the propert.y owners regarding a deck zo which was built without an approved building permit at 614 Kentucky Street. A building 2~ permit application was received in February of 1996 and it was subsequently amended in 22 April of the same year. The Building Department requested revisions to the amended plans. 23 There has been no response to the request for revisions. The deck was constructed without za approved plans. Mr. Paul Spedick, Jr., 612 Kentucky Street, son of the original building zs permit applicant, has been apprised of the situation and of the hearing scheduled for this date z6 by posting the property, by regular mail and by Certified mail. Those who had planned to a~ speak on the issue recited the verity oath. Chief Building Official Joe Kagan noted he has as not been able to communicate the son about the nuisance. The City has been dealing with z9 the issue both during the father's ownership of the property and the son's ownership of the 3o property. It was noted that the deck does not have a railing around it. Mr. Kagan was asked 3i if the deck was holding the building up. He was not able to a.nswer that question. It was 3z moved by Mary Stompe and seconded by Vice Mayor Hamilton to abate the nuisance within 33 30 days. 34 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayar Hamilton, Mayor Hilligoss 35 Noes: None 36 Absent: None 37 RESO. 97-21 NCS 3s SAI.ISHAN APARTMENTS 39 Resolution 97-21 NCS abandoning a five foot portion of an existing public utility easement ao at 780 Petaluma Blvd. South (Salishan Apartments). Councilmember Stompe left the room. ai The portion of the public utility easement that was being considered, was immediately below a2 the building's porches which were approved by the Petaluma Community Development 43 Commission this afternoon. Introduced by Matt Maguire, seconded by David Keller. 44 Ayes: Read, Keller, Torliatt, Nlaguire, Vice Mayor Hamilton, Mayor Hilligoss 45 Noes: None 46 Absent: Stompe 196 .-. . rv%~srz:r.~S.u,;i. ~R,.~a,s',;sy~,rr„~;, January 21, 1997 Vol. 30, Page 197 1 ~SO. 97-22 NCS 2 I)EVEI.OPIVIENT OBJECTIVES 1998 s Resolution 97-22 NCS establishing 1998 Residential Development Objectives as follows: a 1. Alternatives to sing~e family production homes, such as self-help, rentals, mixed use s and high density housing pro~cimate to commercial services and transit, smaller-sized housing 6 units (including units appropriate for singles, single parent families, and couples without ~ children), and units accessible for people with disabilities. ~ 2. ~Iousing affordable to households earrung 100 percent or less of the county median 9 income (i.e., "moderately priced homes"). ~0 3. Westside development. ii Councilman Keller asked for time on an agenda to discuss inclusion of neighborhood retail in iz our regulations. ~3 Introduced by Nancy Read and seconded by Matt Maguire. ia Ayes: Read, Keller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss i s Noes: None i6 Absent: Stompe i~ I~SO. 97-23 NCS is WATER CONSEItVA'~IO1V I'1tO~I2AlVI i9 Councilmember Stompe returned to the room. Resolution 97-23 NCS authorizing execution Zo of a funding agreement with the Sonoma County Water Agency for the Petaluma Commercial zi Water Conservation Program - First Project Year 1996-97. The Sonoma County Water zz Agency (SCWA) will provide over-sight consulting services, coordination of the program, zs and an additional $18,333 of the first year funding. The first year of the project the costs are aa estimated to be $183,333; therefore, the City's first year cost would not exceed $165,000. Zs This is for a non-residential toilet retrofit program. Ali Davidson of the SCWA noted that 26 the Water Agency also has faucet aerators available to the public at no charge to "their 2~ contractors." Councilman Keller asked that industrial and commercial processes be the ne~ct 2s group for other water conservation programs. Introduced by Pamela Torliatt, seconded by z9 David Keller. 3o Ayes: Read, Keller, Stompe, Torliatt,lVlaguire, Vice Mayor Hamilton, Mayor Hilligoss 3 i ~1oes: None sz Absent:l~Tone s3 fl~SO. 97-24 NCS sa t~IDO~E CREEK ss STATE WAT~R RESO~JItCE5 CON'I'ROI, ~OA1~ID s6 Resolution 97-24 NCS authorizing the City 1Vlanager to submit a change petition to the State 3~ Water Resources Control Board relating to the water flowing through Adobe Creek from 3s domestic use to use it as a fish and wildlife habitat enhancement. There was considerable 39 discussion about asking 1VIr. Roos-Collins, a water law expert, to review the petition prior to ao its submittal to the State. T'he City Attorney will accamplish that task prior to filing the ai petition. The Council asked for a habitat plan to be in place. Staff noted that October of this az year is the deadline for filing the application. Page 198, Vol. 30 January 21, 1997 i Introduced by Matt Maguire and seconded by Nancy Read to adopt the resolution and ask z staff to consult with Mr. Roos-Collins about the petition's content priox to filing the 3 document with the State Water Resources Control Board. 4 Ayes: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 5 Noes: None 6 Absent: None ~ CITIZEN POLICE ACADEMY s The Council discussed a proposal to develop a Citizen Police Academy utilizing the concept 9 used by the City of San Antonio Poliee Department. The cities of Santa Rosa and Berkeley to are in the process of instating such a program. It is anticipated this would be an 11 week, 40 ~ i hour information class which would provide citizens an acquaintance of the workings of the ~2 Petaluma Police Department. In San Antonio, the citizen coinpletes an application form i3 outlining his/her background, education, and medical information. Their class topics include ~a traffic issues, property crimes, violent crimes, narcotics-gangs juvenile crimes, tactics, is firearms safety, special police operations, community policing and role playing. There was ib no specific information given to the Council on costs or the impact on police staff time i~ required to implement the program. All Councilmembers spoke in support of such a ~s program, but there was the feeling on the part of some that there should a list of the goals ~9 and objectives, a budget for starting this process as well as a continuing budget, a Zo determination of how many classes per year there should be, a statement as to how this 2~ academy would coordinate with any other program of the department, and how this all fits zz together. Also, there was a concern that the evaluation of the program did not indicate any Zs potential "pitfalls," and how they should be addressed. Some of the Council questioned the Za goal for the participants after graduation, and what type of feedback there will be. Others Zs felt the timing was good, this may save money in the future, and this should be irnplemented z6 now. It was moved by Mary Stompe and seconded by Pamela Torliatt to implement the z~ program now, to have staff come back to the City Council with the curriculum information, Zs and to have staff keep the Council apprised of the process. 29 Ayes: Read, Stompe, Torliatt, Vice Mayor Hamilton, Mayor Hilligoss 3o Noes: Keller, Maguire 31 Absent: None 32 Ad)JOLTRN 33 At 11:00 p.m. the meeting was adjourned 34 35 36 37 38 9 / ~ ~ _ , ~~ ~~ ~ %~~~~,/~J . ./~~~~~~ M. Patricia Hilligoss, Mayor 39 ATTEST: 40 41 ~ ~ ~ 42 43 Patricia E. Bernard, City Clerk 44 45 46 198 January 27, 1997 i MIN~JTES z OF A ItEG~JLAR AI)JO~J~tNEI) MEETING 3 PETAI,ZJMA CI'I'x COiJNC~, a 1VION1)A~', ~AIV~JAItY 27, 1997 Vo1.30, Page 199 ~' s ItOI,I. CAY.L 5:00 a.m. 6 Present: Read, Keller, Stompe, Torliatt*, Maguire*, Vice Mayor Hanulton#, Mayor ~ Hilligoss a Absent: None v * Not present at Roll Call, arrived later. io ~ i There was none. 12 i3 There was none. PUBLIC COIVIIVI~NT COITI~TCIL CO1V11VIENT' ia CI~OSEl) SESSION is The City Council went into Closed Session for a conference with legal counsel - i6 anticipated litigation -(Significant exposure to litigation pursuant to subdivision (b) of i~ §54956.9 of the Government Code - 1 potential case) is The City Council recessed to closed session to conduct interviews by individual i9 Councilmembers of individual City Manager candidates, council discussion and evaluation. Zo (Government Code §54957) The Council also met with Consultant Richard Perry. z i ADJO~TRN zs At 8:00 p.m. the meeting was adjourned. 23 24 25 26 2~ Zs ATTEST: . ~ ' ~_ , , M. Patricia Hilligoss, Mayor a9 30 ~.. . 31 s2 Patricia E. Bernard, City Clerk 33 34