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HomeMy WebLinkAboutMinutes 11/18/1996November 18, 1996 Vol. 30, Page 141 i 1VIINtJ'~ES ~O z OF A I2~GiTY~A~i 1VIEE~'ING /~9~ 3 PE'TALUMA CITY COUNCII. - A ~~ a 1VIONDAY, NO~IVIBER 1~, 1996 s ItOI,I, CAI.I. 7:00 p.m. 6 Present: Maguire, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss ~ Absent: Hamilton ~ PLEDGE OF AI,I,EGIANCE 9 A Brownie Troop led the Pledge of Allegiance to the Flag. io 1VIO1VgEN'T OF SILENCE i i P~TBI.IC COIVIII'~NT i2 Vince Landof, 12 Cordelia Drive - on September 5, 1995, there was an agreement about the i3 upper Payran Reach area above Linda del Mar subdivision. He said there is an agreement ia which said no projects would be built up-stream that would increase the probability of is flooding by more than 1% per year. He said he would like to know what misguided people i6 were involved in allowing those two projects to go ahead, (both Twin Creeks and the area ~~ by Denny's and Petaluma Blvd. North behind the old Honda Motor Company, not to mention is the second half of the Factory Outlet Mall.) He wwnt on to say that this is criminal. This is i9 going to exacerbate the flooding potential on everybody downstream from all of the sheet Zo water runoff of those new projects plus a11 the soil erosion from the earth that's been moved Zi around in those areas that are adjacent to the river. We would like answers as to why that za agreement of September 5 of 1995 was not kept and why it was violated by the City of 23 Petaluma. He congratulated the newly elected Council members. 24 \ COUNCII, COMNIENT zs Nancy Read - Saturday was the first Petaluma Internet Fair at La Tercera School. It was ~6 very informative. At the next available meeting, she wants a report and discussion on how 2~ the adopted Statewide Proposition 218 would affect the City. At the ne~rt available meeting Zs she would like to have a report and discussion regarding the coordination of the Northwest z9 Pacific Rail Authority, the Sonoma County Transit Authority current Land Use Study, and 3o the City of Petaluma Central Committee Specific Plan with regard to the 6.2 acres of railroad 3i property downtown, and how all of these entities could affect the outcome of this strategic 32 area of Petaluma, since all three are going down three different tracks. ss Matt Maguire - asked staff to respond to Vince Landofls comment at the next meeting and 34 give us a review whether or not these projects have abrogated the agreement. Nick Lucia of ss the Firefighters Union had made arrangements to have prepared 7 navy blue Firefighters 36 sweatshirts with the Union Logo and each Council member's name embroidered on the shirt s~ as a gesture of appreciation for the Council. These were handed to the Councilmembers by 3s Matt Maguire. 39 Carole Barlas - she will be ending her term at the end of the year and has been serving as ao Council liaison to the Healthy Community Consortium and the Mayors and Council members ai Working Group. She asked the current and newly elected Council members to consider a2 serving on these two bodies. 142 Page , Vol. 30 November 18, 1996 ~ Mary Stompe - the Petaluma Animal Center is strapped for space. We need to look at the 2 need for additional space as we approach the next year. She atfended' the Veterans' Day 3 Parade, the Internet~ Fair and will be attending the Proposition 218 meeting this week. She a praised Petaluma Transit for having carried a record number of users 20,710 in October, and s the Transit district carried over 1,000 for the first time on several days. 6 Don Weisenfluh asked to be heard. He commented on the Urban Growth Boundaries and ~ the Farm, Urban Conflict Conference scheduled at the Sacramento Red Lion Hotel. He did s not specify the date. He suggested the City send a representative to the conference. He also 9 urged the City not to allow a 120 unit annexation near Victoria Village. io Mayor Hilligoss said the City has had the same growth boundary since 1965. i ~ MINUTES ~2 The minutes of November 4 were approved with the correction that two words were not ~3 separated by a space on Page 136, Line 29. ia CONSENT CALENDAR IS The following items which are noncontroversial and which have been reviewed by the City ib Council and staff were enacted by one motion which was introduced by Nancy Read and i~ seconded by Carole Barlas. l8 Ayes: Maguire, Barlas, Read, Shea, Vice Chairman Stompe, Chairman Hilligoss 19 Noes: None 2o Absent: Hamilton zi RESO. 96-322 NCS aa CLAIIVIS AND BIL,LS 23 Resolution 96-322 NCS approving Claims and Bills #59936 to #60281. za RESO. 96-323 NCS zs 1VIOU iTNi'I' 3 AFSG1VgE LOCAL 3910A z6 Resolution 96-323 NCS approving the Memorandum of Understanding for Unit 3, American a~ Federation of State, County, and Municipal Employees, Local ~910A. Zs ORI). 2041 NCS a9 TUXI~ORN ESTATES REZONE so Introduce Ordinance 2041 NCS rezoning Tuxhorn Estates' 0.97 acres from PUD with 3 i Church property to PUD without Church property. This item was discussed at the 3z November 4 meeting. The ordinance was not introduced because it was not listed on the 33 agenda, therefore the public did not have notice of the action. 34 * * * * * End of Consent Calendar * * * * * ,~~as:H:SijSi.;... ; -' d._ : :i~:l'S¢`^...: . ~ .. c.';:.:'~'.:'..F~F$~'::., •'~~8.- . : :~ November 18, 1996 Vol. 30, Page 143 i b,A~'F~ItTY INTERIIVI ACCESS POI.ICY 2 Staff noted that the City Attorney has drafted a declaration verifying past use of Lafferty 3 Ranch property for use by persons who have used the property and who are willing to help a the City to document said use. There has been a traffic counter installed on Sonoma s Mountain Road near the Lafferty property to collect daily traffic volume information. A land 6 surveyor/engineer has outlined the amount of research to be undertaken by a title company ~ and research to be conducted at the County. The City Attorney's office is evaluating s correspondence received from two attorneys represensting property owners regarding access 9 to Lafferty. ~o Regarding the letters the City has received from Dr. Bettman's attorney, the City Attorney ii has talked to Mr. Butler and feels they are not trying to threaten the City but they do want to i2 keep the legal position of both the City and Dr. Bettman unaffected during the interim access is period; i.e., neither position should be jeopardized. City Attorney Rudnansky advised the ia Council that a one week delay in opening Lafferty for interim access would be needed for him is to develop a response to the legal correspondence that has been received by the City. He did i6 not wish to make many comments in "this venue," i~ Janice Cader Thompson - they've been stonewalling this for 4 years. There has been a crime is that has taken place in the last election. There is no reason not to go up to Lafferty. You i9 have a phantom conservancy. Stop throwing letters back and forth by attorneys. 2o Hank Zucker - Dr. Bettman is unwilling to face reality. Tod Nlanning said it is not possible ~i to landlock property. Dr. Bettman is pulling maneuvers to delay. He sees this as a nuisance za suit on the part of Dr. Bettman. 23 Joe Durney - he can't go up anyway. He has gone with his friends on several occasions and Za hopped over the fence. People behave up there. He wants to go up there. They walk as around the cows. Take down the gate now. z6 Will Stapp - the comrruttee members are agents of the City. Tlus seems far fetched to him. z~ He doesn't think he has a right to do that. Most of Petaluma has enjoyed that property for a Zs long time. 29 Robert Ramirez - it seems like every time we have a meeting, we get a letter from Bettman's 3o attorney Mr. Perry. Mr. Ramirez thinks Dr. Bettman is getting poor advice. The committee 3i members feel they will be sued by the property owners on the mountain, no matter what. Six 32 thousand citizens of the community are going up the mountain and they will get another six 33 thousand people. 34 Council comments: 3s - Stompe - allowing committee members onto the property is not detrimental s6 - Read - let the attorneys get on the telephone to resolve this 3~ - Barlas - willing to go along with the City Attorney's suggested delay. Two weeks is not ss a long time to wait. It would be for our protection. These are our neighbors. Look for a 39 middle ground. Honor the fact that the neighbors may be disturbed. ao - Maguire - they have mentioned shuttling the committee members to the ranch. A two ai week hiatus to report back to the committee at the December 4 meeting is acceptable. A a2 little bit of latitude at this point may help us. Let the City Attorney and John FitzGerald 43 have more time to research. 144 Page , Vol. 30 November 18, 1996 i The City Attorney said they will have a better handle on the situation in two weeks, but we 2 may not have "all the handle." We have threats of litigation, this may be discussed in 3 closed session on December 2. a ADD AGENDA ITEM "I.AFFERTY INTERIM ACCESS I~ATE CHANGE" s It was moved by Matt Maguire, seconded by Carole Barlas, to add this item to the agenda. 6 Ayes: Maguire, Barlas, Read, Shea, Vice Chairman Stompe, Chairman Hilligoss 7 Noes: None 8 Absent: Hamilton 9 The tentative date to begin the interim access to Lafferty had been Wednesday, November io 20. It was moved by Matt Maguire and seconded by Carole Barlas, that we have a staff >> member at the next meeting of the Lafferty Committee to inform the citizens' committee i2 that we will be addressing this issue at the next Council meeting on December 2. 13 Ayes: Maguire, Barlas, Read, Shea, Vice Chairman Stompe, Chairman Hilligoss 14 Noes: None 15 Absent: Hamilton i6 Before the Council moved to the next agenda item, members of the public were asked to » obtain a copy of the Declaration of use of Lafferty form for completion and compilation by is the City staff. It will be helpful to have a good idea what the access to this land has been. ~9 ELECTION FRAUD INVESTIGATION & FPPC Zo The City Attorney reported the Fair Political Practices Commission (FPPG) has not initiated Zi formal investigation on the petitions which indicate there has been election fraud. The 2z FPPC has determined there is substantial compliance with the fiiing requirements relating to z3 Government Code §81000, et seq. Regarding the allegation about two county supervisor za aides, the complaint did not indicate where any governmental decision was made or that any Zs financial interest has been effected. The FPPC noted that it would appear from fihe evidence 26 provided there has been no violation of the Act. Regarding the allegation that money has 2~ been given to the Committee for Ghoice by people not listed in the reports and that money zs was given thaf was not "funneled" through the Committee: the reporting requirement is z9 names must be listed for contributors of $100 or more; insufficient evidence has been 3o provided regarding campaign disclosure irregularities to proceed with an investigation. The 3~ City Attorney noted the State is continuing its investigation. The City Attorney advised that 32 if there is anyone who has infornnation that could be helpful to the investigation, to either 33 give that information to the City Attorney for transmittal to the State or transmit the 3a information to the Sfate themselves. The City has received no evidence. Letters have been 3s sent to Assemblywoman Mazzoni and Senator Marks requesting their help in giving 36 momentum to the investigation. Matt Maguire said he would call Kerry Mazzoni's office to 3~ see what she could do to help the issue to be resolved. 3s Janice Cader-Thompson, 732 Carlsbad Court - she has a letter that says a student was paid. 39 She asked if the case was actually thrown out. She asked far a copy of the information that ao was sent to Sacramento. „ ,.,-~, t~:~:.. ~;a~,' -:~Y,r = - . : , = ;. :, - , November 18, 1996 Vol, 30, Page 145 i OI~. 2042 NCS a ~ROSS C~EK I)EVEI,OP1VIElVT AG~EM[EN'T 3 Introduce Ordinance 2042 NCS authorizing the execution of a Development Agreement on a the Cross Creek Development. The document now contains a paragraph regarding Mutual s Release This shall be deleted when the final document is printed. The Development 6 Agreement will: ~ 1. Restate the approvals for Cross Creek thus assuring the development that it may s proceed with reliance on the approvals. 9 2. List the obligations of the parties (City and the developer, Mardel) which include io dedication of land to the City, construction of ballfields, and the provision of Urban ii Separator improvements. i2 3. Identify provisions for the development of the property; default, remedies, and i3 termination; annual review; transfer and assignments. ia The public hearing was opened. Don Weisenfluh, 1092 Wren Drive, asked that the matter be is continued, because he just obtained a copy of the ordinance this date. i6 Attorney Matt ~Iudson, representing the developer, said they are in agreement with the i~ changes the Planning Commission recommends. ~s Victor Chechanover wants to delay this for a time. i9 Doyle Heaton, developer, said they have been having meetings on this for several months. zo There should be nothing new here to anyone. There was no one in the audience when it was 2i heard by the Planning Commission. zz The public hearing was closed. It was moved by Lori Shea, seconded by Nancy Read to ~s introduce the ordinance. 2a Ayes: Barlas, Read, Shea, Vice Chairman Stompe, Chairman Hilligoss 2s Nces: Maguire 26 Absent: Hamilton z~ ItESO. 96-324 NCS zs 5 YEA~t CIP - PARIZS 29 Resolution 96-324 NCS approving the 5 year Capital Improvement Program for the Parks so Department. Director of Recreation Jim Carr reviewed each project on the capital program s~ list. Councilwoman Shea asked for a sign at the future skateboard park, that says there will s2 be a skateboard park here. Since the winter weather has begun, the skateboard park will be 33 constructed behind the municipal swim pool in the Spring. The building that used to be the 34 west side Boys and Girls Club, which is now Cavanagh Center, is the site where the teens ss have been gathering. Councilwoman Shea asked for a report on the Teen Center before the 36 last December meeting. The resolution was introduced by Matt Maguire and seconded by 3~ Carole Barlas. ss Ayes: Maguire, Barlas, Read, Shea, Vice Chairman Stompe, Chairman Hilligoss 39 Noes: None 4o Absent: Hamilton 146 Page , Vol. 30 November 18, 1996 ~ IDISCUSSION OF DOG PARK REOUEST 2 Due to the fact that there is wildlife in evidence at Shollenberger Park and there is a Fish and 3 Game easement on that site, it has been recommended that the area at the lower end of Casa a Grande Road be considered by the Council for a dog park. It would take minimal s preparation to complete the fencing and make water available for this use. There is no 6 lighting nor is there any sort of pathway at this time. This area has been leased to radio ~ station KTOB for an antenna site. Staff feels there would be no conflict of use. It was s suggested that a small sign be placed at Shollenberger Park stating where the new dog run 9 will be, and that the Shollenberger area would be closed to dog use when the new site is io opened. It was suggested that the new dog park should be called the Rocky Memorial Dog r~ Park in memory of the City's former Police Dog Rocky. It was noted that dogs are allowed ~2 in the other parks in town during certain hours. i3 Richard Taylor, 2011 Crinella Drive - he said that advanceci dog training classes could use ta such a facility. i s Susan Ravina, 1767 Stone Creek Drive - noted there needs to be a trail to keep the dogs ~6 moving. If the dog owner stands still, the dog stands still. Also it was suggested that the i~ hours for dogs at parks is difficult for those families who are working. -s Rosemary Galten and Ginny Buccelli of 406 and 708 Mountain View Avenue -we need a i9 24-hour dog park. ~ Zo The Recreation Director noted that there are no paths now, but the community could be 2~ invited to help with that project. It was agreed that the area at t:he lower end of Casa Grande 22 Road would be fenced and developed into a dog park. Staff will report the status of their z3 progress at the next Council meeting. za DISC~ISSION REGAI2DING PUBLIC COMMENT TIIVIE Zs This item has been requested to be on an agenda by the Council. Staff included in the back- 26 up material for this discussion item a copy of Government Code §54954.2 Postin~ of agenda 2~ and §54954.3 Public testimonv at re,gular meetines, both are part of the Ralph M. Brown Act as which governs Local Legislative bodies' rneetings. Carole Barlas, who had asked that this z9 be discussed by the Council, suggested there could be a way for the Council to acknowledge 3o the statements of the public at Public Comment time in accordance with the provisions of 3i the Brown Act. One suggestion was to have Council members take turns in aceepting the 32 responsibility of obtaining the answer to a citizen's question. Another suggestion was to 33 institute periodic town hall meetings. The City Attorney advised that this could work as 3a long as four or more Councilmembers did not appear together. People would think they 3s were having a meeting. Also a problem could occur if the situation arose where either a 36 member of the public would poll four or more Councilmembers (a serial meeting type of 3~ situation, which .is not legal). The Attorney General's has concerns about such things. The sa City Attorney said he would want to review the Council's p17n before it is carried out. It 39 was suggested that the City Attorney come back with suggestions for Council consideration. ,_ .u>~: November 18, 1996 Vol. 30, Page 147 i ItESO. 96-325 NCS z COYTl~TTI' OPEN SPACE MA~'CHING GI~APd~ PItOG~1VI s Resolution 96-325 NCS authorizing application to the Sonoma Agricultural Preservation and a Open Space District for acquisition of Open Space property. The two recommended areas to s seek acquisition of properties are: 6 1. Floodplain properties in the Corona and Denman reaches of the Petaluma ~ ~ver. ~ 2. 150 acres or the Dick Gray property lying adjacent to the River between the 9 oxidation ponds and Shollenberger Park and dredging disposal site. io The first area was selected in consideration of the Petaluma River Access and Enhancement i i Plan which defines properties that would be important to the preservation and enhancement i2 of river habitat as well as for some manner of flood control. The second area has been i3 identified as a possible location for proposed fresh and brackish water marsh in conjunction ~a with the plans for the new wastewater treatment plant. is Vasco Brazil said that you could not make a fresh water marsh with the Gray property, rather i6 the Council should purchase the non-tidal portions of that land. The land is full of salt from i~ being under salt water. is Staff suggested obtaining the marsh area of the Gray property would fit very well with the i9 plans for the new sewer plant. The marsh is not now a functional marsh, unless someone Zo does improvements. It was also noted that the upland Gray property was absolutely not Zi available for open space. If this marsh area could be obtained, there would be a"mosaic of 22 marshland" which would connect Shotlenberger Park with the oxidation ponds. It would also ~3 conform to the River Plan. Introduced by Matt Maguire, seconded by Lori Shea. 2a Ayes: Maguire, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 2s Noes: None _ Zs Absent: Hamilton, Barlas 2~ Zs At 10:10 p.m. the meeting was adjourned ADJOURrt 29 30 ~ ~ 31 ~~' ' ~ ~ 5 ' ~; ~~,( s~ ~ ~~ .~ ~~~J 33 . ~-1VI. atricia Hilligoss, Mayox 34 ATTEST: 35 36 37 ss Patricia E. Bernard, City Clerk