Loading...
HomeMy WebLinkAboutMinutes 10/21/1996October 21, 1996 Vol. 30, Page 117 i Ii'IIN~JTES ~y z OF A ItEGiTI,Ait 1VdEETING ~~ n~ 3 PE~AL~JIVIA CI~ COUNCIL ~~ a 1VgONI)AY, OCTO~ER 21, 1996 ~ r~ ~.~ s ROLI. CAI,L 3:00 ~.m. 6 Present: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss ~ Absent: Barlas, Shea s ,/ MIPi~JTES 9 The September 16 minutes were approved as amended. Matt Maguire asked that the minutes io reflect his thoughts of the makeup of the Lafferty Committee. i i-vl'he October 7 minutes were approved as amended: ~2 Page 1, Lines 20-26 - add Councilman Maguire's comments to minutes of September 16. ~s Page 5, Line 25 - spell Skillman Lane, Line 38 , end sentence "..that use fossil fuels." ~a Page 6, Line 5- should read, "..to review the 5-year rolling time line for the term of the is contract....." " i6 Page 9, Line 21 change `addressed' to `applied' i~ CONSElVT CALENDAR is The following items which are noncontroversial and which have been reviewed by the City i9 Council and staff were enacted by one motion which was introduced by Nancy Read and zo seconded by Ngatt Maguire. 2i Ayes: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss 2z Noes: None 2s Absent: Bazlas, Shea 24 2$ ItESO. 96-295 NCS C9iLi11~'1S ~1\ ~ ~ ~ s 'LS 26 Resolution 96-295 NCS approving Claims and Bills #59116 to #59459. z~ ItESO. 96-296 NCS aa COMPI,~~IO1V WATER 1VIAIN & T1tAFFIC SIGIVAI. z9 Resolution 96-296 NCS accepting completion of the Water Main and Traffic Signal job at East so Washington Street and Sonoma Mountain Parkway - Ely Blvd. South. The contract had been 3i awarded to North Bay Construction of Petaluma for $344,737.20 s2 ~SO. 96-2971VCS 33 ~~~C~E~.~E ~~~IC~ ~.~~.5 34 Resolution 96-297 NCS approving purchase of two police cars from Henry Curtis Ford for 3s $45,569.16. Page 118, Vol. 30 October 21, 1996 i RESO. 96-298 NCS z SUItPLiTS - OI,D WA~ER NYETERS s Resolution 96 298 NCS approving the surplusing of used water meters and authorizing sale of a same. Each year appro~mately 1,000 old water meters are replaced and the old ones are s scrapped 6 RESO. 96-299 NCS ~ WATER WELI. BUIg.DINGS CONSTRUCTIOlv a Resolution 96-299 NCS awarding contract to D& R Construction of Petaluma for 9 construction of water well and equipment buildings at Luccheai Park and at Cottonwood Golf io Course for $74,407. i i ORD. 2035 NCS i2 ~SCIIVID OItDINANCE 1948 NCS is Introduce Ordinance 2035 NCS rescinding Ordinance 1948 NCS which designated as surplus ia properties owned by the City on Manor Lane and a 13.04 acre parcel on Sonoma Mountain is known as Lawler Reservoir. i6 In 1996, a lawsuit entitled Cardo, et al. v. Hilligoss, et al. was filed against the City with a ~~ variety of causes of action including a cause of action challenging the procedures followed in is the adoption of Ordinance 1948 NCS. In order to avoid the expenditure of public funds to i9 defeat the Cardo, et al. v. Hilligoss, et al. case, and without any admission on the part of the ~o defendants that there was any wrongdoing, a proposal was submitted to the plaintiffs for their 2i consideration in order to resolve the case. The plaintiffs agreed to the pr.oposal which included zz an agreement by plaintiffs that if the City Council rescinded Ordinance 1948 NCS as to the 23 I,awler Reservoir and embankments, the plaintiffs would dis~niss their action with prejudice za with each side bearing their own attorney fees and costs. 2s I~S0.96-3001~TCS ~ 26 FINAl~TCE POI.ICE EOUIPMENT 2~ lZesolution 96-300 NCS of intention to finance five replacement Police patrol cars for fiscal 2x year 1996-97. It is anticipated this will be a two-year lease purchase. The maximum cost is z9 estimated to be $140,000 30 ***** End of Consent Calendar **** 3i ORD. 2034 NCS 3a PURCHASE 26 EIGH'I'~ STR~ET 33 Adopt Ordinance 2034 NCS authorizing purchase of real property located at 426 Eighth Street 34 from the Boys and Girls Club. Introduced by Nancy Read and seconded by Matt Maguire on 3s October 7. When the purchase has been completed, the facility will be named in tnibute to 36 former Councilman Jack W. Cavanagh, Jr. 3~ Ayes: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss ss Noes: None 39 Absent: Barlas, Shea 'h#vti:~~ui ""'r wt':'P~: x'a~'yy~,~.}c~~.,"''.~. 7l~iF~. ~ .i October 21, 1996 Vol. 30, Page 119 1 ~SO. 96-30fl NCS 2 TEI,ECOlVIM~JNICAT'IONS FEES s Resolution 96-301 NCS establishing fee schedule for telecommunication facilities and a installation of related facilities pursuant to Municipal Code Chapter 14.44. The Building s pernut fees are for "mini"_facilities without need for Building Division review -$75.00, "mini" 6 facilities with need for Building Division review, "minor" and "major" facilities. The two latter ~ facilities fees are referred back to the "UBC". The application fee is for "Registration -$500" s and for "Standard Agreement - $5,000". 9 Chuck Ternes, 535 Cherry Street - speaking on behalf of the HAM radio operators in town, he io said the telecommunication ordinance is fine; but, they would like the Council to consider the ii potential costs of requiring a civil engineer's original stamp and signature on plans for the i2 erection and placement of the supporting guy-wires for a HAM communication tower. He has ~s been told the cost of such an "original stamp and signature" can be anywhere between $200 ia and $1,000 to the engineer. He asked if a document that shows a copy of that engineer's is stamp and signature would be sufficient; that cost is $25.00. "Please give the HAM radio i6 operators a break," he said. "They give service to the City in times of disaster at no cost to the i~ city." is Art Hagopian, 34 Laurel Avenue - concurred with Mr. Ternes and asked that the $75 permit i9 fee be the only fee charged to the HAM radio operators. 2o The Mayor asked staff to research the City's ability to ufilize a copy of the engineer's stamp Zi and signature in connection with the engineering drawings for a communication tower for the zz HAM radio operators. 2s Introduced by Matt Maguire, seconded by Vice Mayor Stompe to approve the za telecommunications fee schedule and to work with the City Attorney to determine whether or 2s not a communication tower engineering design for HAM operators may utilize a copy of the 26 engineer's stamp and signature, rather than the original stamp and signature. 2~ Ayes: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss 2s Noes: None 29 Absent: Barlas, Shea 30 ORI~. 2036 NCS 31 E~~~~~~~r ~~RZ'.~IN ~E~~~~~ ~~~ .5~~~~~~..~.~ sz Introduce Ordinance 2036 NCS amending the Municipal Code to repeal § 1 L56.090 and add 33 § 11.44.160 to require special pernuts for use of parking spaces. The "special permits" relate 34 to persons who are engaged in construction or repair work in the downtown areas and who 3s require that their vehicles be used for carrying tools and equipment stored in their vehicles. 36 These permits will be issued for 30 days at a time. Pernuts may be issued for all day parking in s~ the downtown garage. Persons who live in the Central Business District may obtain parking 3a pernuts which would allow them to park within a block or so of their residence. Fees for 39 residential use will be charged on an annual basis. Introduced by Jane Hamilton, seconded by ao Matt Maguire. ai Ayes: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss az Noes: None 43 Absent: Bazlas, Shea ~~~.~:. ... . .. .. - Page 120, Vol. 30 October 21, 1996 i R~SO. 96-302 NCS 2 BOYS ANI9 GIRLS CLUB JOINT USE -~; :_~~:z~ : 3 Resolution 96-302 NCS approving a Joint Use Agreemerit with the Boys and Girls Club for a the facilities located at 426 8th Street (currently being purchased by the City) and at Lucchesi s Park. The term of this agreement is five years from the effective date with renewals of 3 years 6 at a time. There will be no automatic renewal of the lease. Alan Anspach of the Boys and ~ Girls Club said their Board of Directors would be meeting in a couple of weeks to consider s the final wording of the agreement. It is estimated the escrow for the 8th Street facility will 9 close sometime in late November. Introduced by Nancy Read, seconded by Matt Maguire. 10 Ayes: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss 11 Noes: None 12 Absent: Barlas, Shea r3 WATER CONSERVA'TION - TOII.~'~ 12EPLACEIVI~IV~'S ~a The Council heard a proposal for a non-residential, i.e. commercial, industrial, toilet retrofit is program. John Nelson, formerly of the North Marin Water District; now owner of Water i6 Resources Management of Petaluma said the most cost-effective water conservation i~ opportunity available to the City of Petaluma is to replace inefficient, non-residential toilets. ia There are 823 non-residential water accounts who will be approached to voluntarily i9 participate in the toilet replacement program. ~ Zo The offer to non-residential customers would include free fixtures supplied by and installed by z~ a qualified contractor. This would include free ultra low flow toilet tank type of 22 "flushometer" floor and wall-mounted types, free ultra low flow ~al~e retrofit kits for 23 flushometer toilets and o-ring rebuilt kits, free accessory hardware as appropriate such as za toilet seat, wax ring, bolts, and if needed replacement water supply line or new flush tube Zs connector. In the case of existing gravity tank type toilets, an up-grade to a pressure-boosted zb tank type toilet could be added for an extra $50. All urinal equipment would include a free z~ urinal valve retrofit kit. 2g It is estimated that the first year of the program could result in a savings of approximately 31 29 million gallons of water per year. Mr. Nelson expects a 50% ~articipation rate in the project. 3o He feels there will be a savings of $1 Million on disposal facility costs. Only facilities that 3~ were constructed prior to 1992 will be targeted. That is the year the State changed the 32 requirment to install of ultra low flow toilets. The :first site for replacement will be the 33 Petaluma Hotel with their 27 toilets. The City Council concurred with the project 3a RESO. 96-303 NCS 35 S'I'REE'I'S ~IVE YEAR CIP 36 Resolution 96 303 NCS approving the Street Department 5-year Capital Improyement 3~ Program. Michael Evert, Assistant City Engineer, reviewed the projects with the City 3s Council. ~ ~''; d*- ,~;;~~'yX~:g~ ;`-e ; ~"!~'N~`. October 21, 1996 Vol. 30, Page 121 i ItESO. 96-303 NCS - ST1t~ETS CIP cont'd. a He noted the streets list is the same as last year and considerable progress has occurred in most 3 projects. The revenue from Gas T~ has not increased to the degree that costs for street repair a have increased; this will be a major financial issue for the City in the future. At present, there s are $1,334,000 available. In reality, $2,367,000 should be spend annually on street 6 resurfacing. Introduced by Vice Mayor Stompe, seconded by Nancy Read. ~ Ayes: Maguire, Hamilton, Read, Vice Mayor Stompe, Mayor Hilligoss s Noes: None v Absent: Barlas, Shea io CLOSEID SESSION ii The Council adjourned to a closed session to have a conference with real property negotiators iz pursuant to Government Code §54956.8 for property at 86 Lakeville Street. The negotiating is parties are the Petaluma Community Development Commission and Lee and Phyliss McCann, ia Donald and Susan Larsen (Larsengines) - under negotiation are instruction to negotiate price is and terms of sale, et cetera. Also a conference with legal counsel on anticipated litigation - i6 significant exposure to litigation - pursuant to Government Code §549569(b)(1) i~ AyD,~OiJytN is The City Council adjourned to dinner at Lakeville Garden, 1410 South McDowell Blvd. i9 I~CONVENE 7:00 p.m. zo ROI.L C.siI.L: zi Present: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 22 Absent: None zs PLEDGE OF AI,LEGIANCE Za Ray Petersen led the pledge of allegiance to the flag. 2s 1VYOlVIElVT OF SILENCE z6 P~JBI.IC COIVIlVIENT z~ Jerry Price said there is a River Forum Petaluma which is planned to be held at the yac;ht club zs for discussion of storm water drainage this Saturday. He invited Councilmembers to come. 29 COUIVCIL COMMENT so Jane Hamilton - said there is an opinion poll being.conducted by someone whom she feels is 3i going to try to affect the election. She feels the results will not be used for public good. 32 Vice Mayor Mary Stompe thanked the Police and Fire Departments for the medical aid given 33 to her mother. She thanked everyone who helped and said she is eternally grateful for their 34 help. 35 ~~~~T..E~~E~~~~NS 36 Mayor Hilligoss read a proclamation declaring October 24 as United Nations Day. .'i'kt . ~ . . ~ . , f ~~i1 4.:~~ ~ 'k . . ~ . ~. . Page 122, Vol. 30 October 21; 1996 ~ RESO. 96-304 NCS 2 SUPPORT SONOMA COUNTY WATER AGENCX ZON~ 2A BALLO'I' 1VIEASURE 3 Resolution 96-304 NCS urging a"YES" vote on the Sonoma County Water Agency Benefit a Assessment for Zone 2A flood controT improvements and maintenance activities. John s FitzGerald addressed the Council and asked for its support of the Sonoma County Water 6 Agency ballot measure. There has been a$15/parcel benefit assessment for the district; ~ however, it expires this year. The plan is to reduce the rate to $10 a parcel for 10 years to s continue to generate funds for maintenance and flood improvement projects in the Petaluma 9 River Basin encompassed within the Zone 2A boundaries. The current benefit assessment has ~o generated about $6 Million for the U. S. Army Corps of Engineers Payran Reach Flood ii Improvement Project. The reconstruction of Payran Bridge, which is in progress now, was i2 funded entirely by the current benefit assessment monies, It;is anticipated these funds will be is used to replace the Lakeville Street Bridge whieh needs upgrading as part of the U. S. Army ~a Corps' project. Introduced by Lori Shea, seconded by Matt Maguire. 15 Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayar Stompe, Mayor Hilligoss t6 Noes: None l7 Absent: None is RESO. 96-305 NCS i9 S'I'A'I'E PROPOSITION 218 Zo This proposition would require local voters to approve most taxes and property-related 2~ assessments imposed by governments after January 1, 1995, by ballot. Those assessments Za that would be exempt from the measure would be assessments previously approved by voters z3 or by all property owners at the time of creafion of the assessment; assessments where all the Za funds are used to repay bond obligation"s; and assessments where all the funds are used to pay Zs for sidewalks, streets, sewers, water, flood control, drainage systems, or vector control (such 26 as mosquitoes). This proposition was authored by the Jarvis-Gann group which successfully 2~ sent Proposition 13, which controlled property tax calculations, to the voters in 1978. Zs The Finance Director's overview pointed out the many ways the proposition would have a 29 negative effect on city revenue. Some of the specifics of the proposition are: 3o Taxes 3i - require a voter approval (majority) for all local general taxe:~ 3a - require a O voter approval for al local special taxes s3 - by November, 1998, election date require voter approval of new or increased local taxes 34 enacted after January 1, 1995 3s - all elections must be held the same date as City Council elections are held (November of 36 even years) 3~ Assessments sa - requires mail-in majority protest vote by property owners for increased or new 39 assessments ao - requires property owner approval weighted by financial obligation far assessments ai - requires that publicly owned property is not exempt from assessments `~''h-ixf„~. ~k ~'~; eSt..a ~i'i~.~ixls:l:z~ `~. .. ~:-..~ . 4~s, October 21, 1996 Vol. 30, Page 123 i ~SO. 96-305 NCS - PROP. 218 cont'd. z Fees and Charges s- requires that those which are "property related" be limited to direct costs a- requires a public hearing and provides for majority protest vote of property owners s- requires majority vote of property owners affected by fee or a 2/$ vote of the people 6- requires that there is compliance with the restrictions after July 1, 1997 ~- restricts fees charged for services which are widely available to the general public such as s ambulance, police and fire. The resolution opposing Proposition 218 was introduced by 9 Matt Maguire and seconded by Lori Shea. io Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss i i Noes: None iz Absent: None is RESO. 96-306 IvCS ia l.AFFERTY RANC~ COMIVIITT'EE is On October 7, the City Council agreed to have Laurel Hagen, 145 Grevillia Drive, be an intern for ~6 the committee. i~ The votin went as follows: LAFFERTY g COMNIITTEE H I Sonoma Mountain M A L Property Owners A M B S L Vote for 2 October, 1996 Sonoma I~'Iountaern: 1) John Sae~amn 2) Patricia Cl~eda 3) Robert McChesney 4) Mary McChesney 5) Gurnee - representing 4 Sonoma Mtn. owners G I A T I T U L R O G R S O I T L M O E H T R O A P S A E A E N S E S D A L X X X X X X 1) 6 X X X X X X X 2) 7 - - - - - - - 3) - - - X - - - - 4) 1 ~ - - - - - - 5) - ia 19 20 Page 124, Vol. 30 October 21; 1996 LAFFERTY H COMMITTEE H I The first vote follows: M A L Work for Access group A M B S L G I A T I T Vote for 11 U L R O G R S O I T L M O E H T October, 1996 R O A P S A E A E N S E S D A L Work for access: 1) 'I'om Foster X X - X X 7~ - 1) 5 2) ~ruce ~Iagen X X X X X X X 2) 7 3) Michael Lennon X X X X X X X 3) 7 4) Tod 1Vl~nning - X X X X X X 4) 6 5) Kim loTadeau - - X X X X X 5) 5 6) Rich ParYner X - X X X X - 6) 5 7) Robert 12amirez X X X X - - X 7) 5 8) Hank Zucker X X X - - X X 8) 5 9) 9) Janice Cader - - - - - - - 10) - l 0) Sheri Cardo - - - - - - - 11) - 11) Douglas Daily X X X - - - X 12) 4 12) Jeanette Loew - - X X X X - 13) 4 13) Larry Modell X X - - X X - 14) 4 14) Bruce Osterlye X. X - X - - X 15) 4 15) Laura Pierce - - - X X X X 16) 4 16) Jerry Price X X X - - - X 17) 4 17) Wayne Vieler - - X X X - - 18) 3 18) Timothy Talamantes X X - - X X - 19) 4 i.v~:v,. .~~~~~. ~,~~+z?.~~, , i:5?: October 21, 1996 Vol. 30, Page 125 LAFFERTY g CONIlVIITTEE H I The second vote follows: ~ A L Work for Access group A M B S L G I A T I T Vote for 3 U L R O G R S O I T L M O E H T October, 1996 R O A P S A E A E N S E S D A L Work for access: 1) l)ouglas Da~ly X X X - - - X 1) 4 2) ~raace Osterlye X X X X - - - 2) 4 3) 3) Jeanette Loew - - - X X - - 4) 2 4) Larry Modell X - - - X X - 5) 3 5) Laura Pierce - - - X - X X 6) 3 6) 7erry Price - - X - - - X 7) 2 7) Timothy Talamantes - X, - - X X - 8) 3 LAFFERTY g COMNIITTEE H I The third vote follows: M A L Work for Access group A M B S L G I A T I T Vote for 1 U L R O G R S O I T L M O E H T October, 1996 R O A P S A E A E N S E S D A L Page 126, Vol. 30 October 2l;1996 i The City Council action for Council representative is as folTows: It was moved by Matt z Maguire and seconded by Jane Hamilton that Matt Maguire and Vice Mayor Stompe would 3 co-chair the Lafferty Committee. The vote for the entire committee was as follows: a Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stornpe, Mayor Hilligoss 5 Noes: None 6 Absent: None ~ LAFFERTY RANCI~ ACCESS PLAN s Douglas Daily, 320 Pleasant Street - Citizens for Lafferty - Marin County knows how to do 9 access to parks. He displayed a book entitled, Hikin,~ Marin. He showed slides of the to entrances of various Marin County parks. ~ i Bruce Hagen, 145 Grevillia Drive - thanked the Council for appointing him to the committee. i2 He discussed a letter by R. C. Smith. He noted the eagles are not endangered species and ~3 asked if they are really on the mountain. The fire issue is a concern, but it won't be an issue ia for the next 4 or 5 months. The road to Hood Mountain Park is miles long and extremely ~ s dangerous. Access is one we have to deal with. There ought to be an assumption there is ~6 access until something comes along that convinces there is none. Public beha~ior up there, i~ the road will be open. There is a huge difference between people who use cars to park and is people who go off for aride. The City Council ~issues are blown out of proportion. People are i9 going to work with the owners to make it better for them: Schedule a public visit day by 2o November 15. Put a new lock on the gate and have only 12 keys made. Zi Hank Zucker, 15 Lone Oak Court, Citizens for Lafferty - put ciushed rock in the parking area z2 now. That will be hard to do when it is wet. He is worried about putting off making the z3 parking lot until May. za Pat Cheda, 3272 Adobe Road - her concerns include the gates being left open by people and zs their animals get out. It takes a long time to get the animals back where they belong. She has a6 had uninvited people on her land already. This is coming up a little fast. There is more a~ ground work that needs to be done. as Will Stapp - Sky Ranch in Marin was opened quickly. Some parks are signed not to allow a9 horses and bikes. There are streams there. People in Petaluma deserve to have a chance to 3o see Lafferty over the winter. 3i Dee Swanhuyser, Bay Area Ridge Trail Council-she brought with her a copy of Civil Code 3z §846.1, which is a new statute requiring the State Board of Control to allow a claim for 33 reasonable attornev's fees incurred by an owner of any interest in real property or a public 34 entity in a specified civil action if the owner gives permission to the public to enter or use the 35 property pursuant to a specified agreement or if a public entity gives permission to the public 36 to enter or use the property for recreational purposes, the owner or this public entity was a 3~ defendant in this civil action, and a specified act occurs. 3a Les Perry, counsel for Sonoma Mountain Conservancy - he suggested that any access plan 39 whether interim or permanent be referred to staff for appropriate review and comment back as ao necessary. He hoped that would include environmental review. It was suggested any access a~ plan be referred to both the County and City Planning Commissions. az Robert Ramirez - thank you for bringing this project along. .vr.. .:rirt -Y ~. -n` : _ . .. _~~~:''ia:Si~.-,+xa p:E i.,]jc i~~'`: October 21, 1996 Vol. 30, Page 127 1 I.AFFEItTX ACCESS cont'd. z Warren Salmons - Until we know what the access planning is, we won't know what the 3 environmental requirements are. In answer to the question, "What triggers CEQA?" Mr. a Salmons responded that it depends on the historic use patterns. A change in use would cause a s change in environment. Question of Mr. Salmons, "Would the interim plan cause CEQA?" - 6 his response was it is dependent on what the Council decides. ~ The City Manager noted there was an access plan that goes back to September of 1992, but it s was never formally adopted. The pernut was to be obtained from Parks and Recreation with v daily access by 6 to 8, with a caveat of "no more than 8 per day". There was nothing ~o determined as to the designated parking area. Gates were to be kept closed, no pets, no fires. ~~ Where we are tonight is where we were several years ago. Warren Salmons is in charge of i2 shepherding this through. It was noted that the plan was in the "Red Book". is Council comments regarding access: ~a - some members of the audience have offered to contribute, what has been offered ~s - talk to Parks and Recreation about the number of visitors, keys and times i6 - crushed rock area - did someone offer to donate? i~ - address needs of property owners is - have signs that say, `Stay within boundaries of Lafferty Ranch' i9 - have signs about littering Zo - exclude horses ~i - no fires, horses, smoking or fishing 22 - restroom facilities - not on the interim basis z3 - doesn't want city to be put in libelous position za - rather than do interim access plan, maybe we should just adopt a plan saying how many Zs people per day, how many keys per day, how will the permits be displayed, where 26 people will park ~~ - we need good signage 2a - no parking on the road 29 - be sure there are no unlocked gates to adjacent properties so the neighbors don't have 3o to chase cattle 3 i- agrees with using a key with a sign-out basis sz - who assumes liability? should persons sign a liability statement? ss - one car per key sa - limit key distribution to 10 per day 3s - keys issued on a`first come, first served' basis s6 - try to develop interim access plan by November 15 3~ - how many cars can be accommodated in a parking area on the land? sa - bring the plan back for adoption by the Council 39 After receiving a copy ofDr. Bettman's attorney's letter about access to Lafferty Ranch, Matt ao Maguire telephoned Dr. Bettman and discussed the issue of crossing the Bettman property to ai reach Lafferty Ranch. Councilman Maguire said it would be simplest to assume we have a a2 right to access the land. It is not necessary for us to develop an interim plan that would trigger a3 CEQA. Page 128, Vol. 30 October 21;1996 i LAFFERTY ACCESS cont'd. a The City Attorney said an appropriate release document can be prepared. 3 Hank Flum, 1721 Stonehenge - was unhappy with the comments of the lawyer for the Sonoma a Mountain Conservancy s Tod Manning - suggested the time of day for access should include sunrise and sunset. If suit 6 has been threatened, he suggested that CEQA be utilized a Joe Durney, 622 2nd Street - he would like to go up at night and watch s Jerry Price - there should be no dogs on the property; dogs are ~~redators. 9 Someone suggested the hours of visitation should be 1/2 hour before sunrise and 1/2 hour ~o after sunset. >> Warren Salmons noted that based on what has been discussed this evening he wantsto discuss i2 this with the City Attorney about CEQA. He also wants to take this issue to the County. He i3 will advise the Council what he has learned at the November 4 meeting. It was suggested the ~a committee's first meeting be held on November 7. The comrriittee members will be advised ~ s about the location. ~6 City Attorney Rudnansky noted that he will be gone for two ~veeks and his assistant will be i~ available. Les Perry has brought up issues that need to be dealt with. We don't know what ~s CEQA needs will be until we know what the access will be. We will try to identify the i9 threshold of activity that would trigger CEQA action. Les Perry protected his record and we Zo need to protect our record.. a~ LAFFERTY RANCH PROPOSED SIGN ` 22 This item was continued to next meeting. a3 DA~' CARE ~+IRE INSPEC'I'ION FEES Za The Council has inquired about day care inspections and fees for inspections conducted by the Zs Fire Marshal's office. Fire Marshal Michael Ginn reported that the inspection for a Large z6 Family Day Care Center of 7- 12 children takes approximately 15 - 20 minutes at the site plus 2~ travel time, clerical support and other indirect costs. The City has been charging a fee of as $60.00 per year, which results in a cost per child per year of $5.00. The staff recommendation 29 was to make no change in the fee. 3o Barbara Schwalb, 801 Madison Street -$60 ~is, a lot of money for some people. She wants to 3i be sure to have an inspection for that fee. She said the pull down warning bell will cost sz $145.00 to purchase and install. s3 Donna Ingram-Reno - she has been in the day-care business for 12 children since 1971. 3a The Council agreed that $30 would be a reasonable fee for the Fire Marshal 'inspeetion and 35 permit. Fire Marshal Ginn will bring a resolution back relating to that and other fees. ..a -: Y-. r.~7~.-~y. ~-.;?.~isz:tx~•: ~,.:~~, s, ? October 21, 1996 Vol. 30, Page 129 i Staff was asked to begin the process of amending the regulations to allow the location of one 2 day care center within 300 feet of another day care center. 3 1tES0. 96-307 NCS a SA~ISHAN AP.~RTiVIENT'S s Resolution 96-307 NCS adopting a mitigated negative declaration pursuant to the California 6 Environmental Quality Act for a 13 unit affordable housing complex on 0.34 acres situated at ~ 780 Petaluma Blvd. South. It was moved by Matt Maguire and seconded by Jane Hamilton. ~ Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 9 Noes: None io Absent: None 1 i ORI). 2037 NC5 i2 SAI~IS~AAN APAR~'MEN~'S ~ZONE is Introduce Ordinance 2037 NCS rezoning Salishan Apartments from Neighborhood ia Commercial to Planned Unit Development. Staff discussed the proposed development of ~s apartments intended as affordable housing for adults with developmental disabilities. One unit i6 has been set aside for an on-site apartment manager. The details of the unit development plan ~~ and density bonus were reviewed with the City Council. is The density bonus approval of between 25% and SO% over the ma~umum allowable density of i9 30 dwelling units per acre is based on the construction of 100% of the units for persons of very zo low or low income. In addition, the project design and location can accommodate the zi increased density proposed without significant impact to surrounding uses or community z2 facilities, and this project will help to satisfy the City Housing Policy. Introduced by Matt 23 Maguire and seconded by Jane Hamilton. 2a Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 2s Noes: None 26 Absent: None z~ OI2D. 2038 NCS 2s G1~OWT~ 1VIANAGEIO'~ENT' SYS7`E1VI 29 Introduce Ordinance 2038 NCS amending the Residential Development Control System (also so known as Growth Control). Cunently the Municipal Code section provides that the System 3i covers projects on parcels of more than five acres or having more than thirty units. This s2 ordinance would eliminate the words, "..on parcels of more than five acres.." This amends 33 Municipal Code § 17.26.040 (A) and (C). Introduced by Carole Barlas, seconded by Vice 34 Mayor Stompe. ss Ayes: Maguire, Hamilton, Bazlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss 36 Noes: None 3~ Absent: None ss O~. 2039 NCS 39 AMEND ZONING O~INANCE T'EXT ao Introduce Ordinance 2039 NCS amending sections of Zoning Ordinance 1072 NCS relating to ai amendments to setbacks for certain accessory structures; allow commercial and industrial az development in the PCD zone without rezoning to PUD and allowing administrative approval a3 of minor changes to an established PCD district; some Trailblazer sign locations; fencing may Page 130, Vol. 30 October 21, 1996 ~ have an additional 2 feet of lattice on top of a 6-foot fence; add telecommunication facilities a as reflected in Chapter 14:44 of the Municipal Code; miscellaneous clarifications and added 3 "Definitions." Introduced by Matt Maguire, seconded by Carole Barlas. 4 Ayes: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stornpe, Mayor Hilligoss 5 Noes: None 6 Absent: None ~ ADJOURN , s At 10:30 p.m. the meeting was adjourned 9 10 11 12 l3 ia ATTEST: M. Patricia Hilligoss, Mayor 15 16 ._--~ , 17 / ~~ ~s Patricia E. Bernard, City Clerk 19 Zo PLEASE NOTE THE FOLLOWING MINUTES CORRECTION.• 2~ Minute correction for Pages 120 and 121 - Streets Capital Improvement Program - replace a2 entire entry with the following: Zs "For this fiscal year, $1,138,000 are available for resurfacing improvements. Staff anticipates Za the available funding for street resurfacing in 1999 may be as low as $190,000. The as "Pavement Management Program" recommends that a a minim~um of $2.5 Million be spent on zb arterials and collectors each year. That amount of funding would allow the arterials and 2~ collector streets to be kept in today's condition. Local, low volume street resurfacing costs Zs would have to be added to that figure. Due to the continuing decrease in available furiding for 29 street maintenance, it is anticipated the cost of maintaining the streets will become: a major 3o financial burden in the near future. Gas Taxes have not increased to the degree that costs for 3~ street repair have increased. It was noted that a few cities have gone to the voters requesting a 32 street assessment. The problem is nationwide." 33