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HomeMy WebLinkAboutMinutes 04/15/1996April 15, 19~6 Vol. 29, Page 393 1 1VIINU'i~S a OF A REGUI.AR 1VIEETING 3 PETAY,UMA CITY COUNCIL a MONDAY, APRII.., 15, 1996 s I~OLd, CALI. 3:00 p.m. 6 Present: Hauiilton, Stompe, Magtiire, Read, Shea, Vice Mayor Barlas, Mayor 7 Hilligoss s Absent: None 9 PiTBLYC COMN%~N'~ io Marie DeSantis, Santa Rosa - Women Against Rape - thank you very much for your i~ support. Our goals have been met. We want you to understand how important your iz contribution has been. You have hired four Spanish speaking police officers. The is Police Department has been giving importance to these issues. We are asking that the ~a Police have a victim advocate on hand when asked for. The police, themselves, have ~s made tremendous investment of time. It is time to really protect that investment. ib Without follow-through by the District Attorney most of the effort is for naught. We i~ ask that you request the District Attorney to do so. We have had indication that will is not happen. ~9 Tanya Brannan, Purple Berets - she echoes what was already said by Ms. DeSantis. Zo There are now mandated arrests occurring in this type of crime. But, this will come to Zi naught if the District Attorney (DA) doesn't follow up. We had a meeting with the zz District Attorney, but it was to no avail. They have removed the victim advocate a~ position from their staff. We ask for your support; we ask you to write a letter to the Za DA regarding domestic violence. The DA has said they would tell police in Santa Rosa as what information is missing on cases that haven't gone through. We ask that you 26 request the same information from the DA for Petaluma cases. Please ask that the a~ witness advocate position be reinstated by the County. The City Council asked that a Zs memorandum be prepared by Ms. Brannan and Ms. DeSantis and forwarded to the z9 Council with specitic information. 3o Joe Durney - re Lafferty Ranch - spoke in support of keeping Lafferty Ranch. He has 3~ parked on the road and cli-nbed up the creeks; now they tell you not to park there sa anymore. 33 CO~~C~ ~~~~ 34 Mary Stompe asked about the traffic signal work that is being done on Sonoma ss Mountain Parkway, and she asked staff to look at the traftic to and from the Valley 36 Orchards area. 37 ~~~s 38 The minutes for March 25 were approved as amended: 39 Page 377, Line 36, change "sway" to "swap" ~ ao Page 377, Line 37, change "She wants this o happen.." to "She wants alternatives ai explored.." az The minutes for April 1 were approved as submitted. ~ Page 394, Vol. 29 April 15, 1996 CONSEN'~ CALENl)AR a The following items which are noncontroversial and which have been reviewed by the s City Council and staff were enacted by one motion which was introduced by Mary a Stompe and seconded by Nancy Read. s Ayes: Hamilton, Stompe, Maguire, Read, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss 6 Noes: None ~ Absent: None s RESO. 96-92 NCS 9 CLAIlVIS AND BILLS io Resolution 96-92 NCS approving Claims and Bills #54199 to #54481.. ~~ RESO.96-93 NCS ia lS~`EA PitOJECTS ~3 Resolution 96-93 NCS of support for a project list for potential funding under the ~a Federal Intermod,al Surface T.ransportation Efficiency Act (ISTEA). The projects are: is East Washington :Pedestrian/Bicycle Facility - between Ellis Street and Ely Blvd. (2.2 i~ kilometers), Copeland Street Transit Mall (area adjacent to that which is aiso known as i~ Depot Area, Railroad Square, and/or train depot), and Lakeville Street Resurfacing ~s between East D Street and Caultield Lane (a portion of the City's Street Resurfacing i9 Program). Zo RESO. 96-94 NCS zi OPPOSE CONCEALED WEAPONS BILL z2 Resolution 96-94 NCS opposing AB-638 (Knight) the Concealed Weapons Bill. 23 RESO. 96-951VCS za SWIM CLUB AGREElVIENT . zs Resolution 96-95 NCS approving joint use of the Municipal Swim Pool by the z6 Petaluma Swim Club for $850 per month for the 1966 calendar year. ~~ ItESO. 96-96 NCS Zs PURCIiASE VACLTUM EXCAVATOR 29 Resolution 96-96 NCS approving purchase of a vacuum excavator from Pres-Tech so Manufacturing for $21,108 for the Water Department. Staff noted that a vacuum 3~ excavator is used for underground work to clear dirt away from utility lines and the like sa underground. It is a safer piece of equipment and can be situated in a smaller space 33 than a trench digging machine. 34 RESO. 96-97 NCS 35 TRUCK FOI~ P~JJBI.IC WORKS 36 Resolution 96-97 NCS authorizing purchase of a 1996 Ford F-Superduty Cab and s~ Chassis Truck frorn Fremont Ford for the Public Works department. Although the ss automobile dealers'in town were invited to bid, they did not do so. April 15, 19~6 Vol. 29, Page 395 1 ItESO. 96-98 NCS 2 TRUCK FOR PAI~KS DEPAItTMEN'r 3 Resolution 96-98 NCS approving purchase of 1996 2-wheel drive pick-up truck, Dodge a RAM BR2500 for $16,974.13 from Lasher Auto Center for the Parks Department. No s local automobile agencies responded to the request for bids. 6 * * ~` * End of Consent Calendar * * * * * ~ _ ~\Qd`C SiJPERVISO~t fIARBEI~SON s ~~~' ON OPEN SPACE I)IST1tICT 9 Supervisor Harb rson addressed the City Council about the County Open Space io District. He ted the last hurdle on the railroad purchase is the 5tate's funding. ii Helen Putnam llegal excavation is not being resolved readily with the contractor. The ~2 latest iteration of Native American gambling is a group has come forward and noted it is is looking to operate a I~.'tton Springs Rancheria gambling establishment. ~a He referred to his ~lpril 8, 1996, letter in which he stated that he supports creation of a is regional park in the Sonoma Mountains east of Petaluma, and he supports saving large ib agriculturally viable parcels to avoid development at the same intensity as is the case on i~ the Sonoma Valley side of the hills. Lafferty Ranch is too remote and environmentally ~a sensitive to be a successful regional park. There are accessibility constraints for the ~9 handicapped; and there is an extreme tire danger during the dry season. This Zo combination of problems precludes Lafferty from being used for a regional park. He a~ supported the trade of City owned Lafferty for part of the purchase price of Moon 22 Ranch, which would be used as a passive, regional park. He feels Moon has the z~ opportunity of greater access for the majority of Petaluma citizens. aa The County Open Space District has provided $1.4 million for partial purchase of ~s Moon Ranch. Tl~e trade of Lafferty Ranch would complete the purchase. Moon could 26 be opened to the public in a relatively short time, after completion of the environmental z~ documentation required by the State. zs During the past few years the actions of the Open Space District have changed 29 somewhat. Originally, the Open Space District only boug}~t easements that precluded so development on property. Recently, the Open Space District has actually purchased si lands north of Santa Rosa and near Cloverdale for use as parks. However, there was sz overwhelming public support with no dissension on those actions. 33 He has been asked if he would seek other funding options if Lafferty were not available 34 to complete the purchase of Moon; to that question he answered "yes." He still 3s supports the trade of Lafferty and Moon Ranches, but his primary goal is to provide 36 another regional nark in Petaluma. s~ He said some suggested options are: 3s 1. Continue to ~~~ork towards a trade of Lafferty and Moon Ranches 39 2. Put the question before the voters ao 3. Attempt to develop Lafferty as a park on your own ai 4. Call time-out and give all the parties time to work something out "ss ~i• A ~E,-» . ~ . . Page 396, Vol. 29 April `~15, 1996 :{~g,, ''rbn' '. i The Open Space District has a 6-month back-log of work at this time. So any question 2 one would wish to come before them would take a minimum of that amount of time 3 before it could be addressed by the District. The time line for development of any park a would have to include environmental documentation. He will be happy to work with s the Open Space District to see what could be done to findlcreate a regional park in the 6 South County, preferably in the Sonoma Mountain area. At this time, you have at least ~ 360 acres that have been taken off the development market (Moon Ranch). He would s need the City Council to ofticial request that he assist in d~velopment of a regional park 9 through the Open Space District to look for funding. The County is willing to come io forward with Moon Ranch but it is not willing to participate ~in a park on the site of ii Lafferty Ranch, which the County feels is cost prohibitive. He doesn't know whether ~2 or not the Open Space District would be willing to purchase the Moon Ranch property. is It is the policy of the Open Space District not to pay far improvements. For Open ia Space funding to be processed through the ~County, there would need to be general ~s agreement of the people that the funding was for an agreed upon use. Regarding the i6 question about "McCormick," there is an easement and maybe a trail aceess. He hopes i~ to be able to find other land on Sonoma Mountain for a development rights easement. ~s purchase by the Open Space District. In the case of Moon Ranch, the Open Space i9 District has purchased 5 of the 6 development rights on that land. He stilT thinks the zo trade makes sense, 6ut he is willing to work with the City and the Open Space District 2~ to continue looking for a regional park. He felt one year would be a reasonable zz amount of time to look for alternative park sites. He will ask the Open Space District z3 to see if they are interested in a wilderness park. He will also be happy to come back za to visit with the Council to discuss alternative steps they would }ike to take. He Zs reiterated that he would need legislation from the City Council requesting that he 26 proceed to explore funding and other park sites. a~ STATUS REPORT ON THE FAIRGROLTNDS Zs Staff advised the 4th District Agricultural Association Fair Board has identified two 29 issues that appear to be non-negotiable: One is a commitment not to exceed 20% of the 30 long-term maintenance of the parking lot and the second is the need for up to twenty 3~ (20) weekdays per year of exclusive use, that is to say full control of the parking lot s2 wherein alternate commute parking areas would have to be identified. Staff said the 33 City will have to make a number of commitments including handling a majoriry of the 34 long-term maintenance and providing _police service to the parking area. A formal ss agreement will be developed by the staff of the Fair Board, the School Board and the 36 Cl~/. 3~ RESO. 96-99 NCS ss SOUNDWALL PROJECT 39 Resolution 96-99 NCS approving the plans and specifications for City soundwall ao construction along portions of East Washington Street and Caulfield Lane and awarding a~ the contract to Gonsalves & Son Construction, Inc., of Napa, for $353,942.44. It was aa noted the other bidder protested the award to Gonsalves; however, the City Council 43 finds that Gonsalves has indicated in its bid that it will perform the landscaping work 44 itself, and, as a Class A contractor, is qualitied to clo so. April 15, 19~6 Vol. 29, Page 397 i Steve Gennait from North Bay Constructior-, the second bidder, spoke to the Council 2 saying he disagrees with the State Contractor's Board ruling on the appropriate license s issue. Introduced by Mary Stompe and seconded by Matt Maguire. a Ayes: Maguire, Sto~upe, Read, Sliea, Mayor Hilligoss 5 Noes: None 6 Absent: Hamilton ~ Abstain: Vice Mayor Barlas s ORD. 2008 NC5 9 STERILIZATION CATS & DOG5 ~o Introduce Ordinance 2008 NC5 a~»ending §9.28.130 of the Municipal Code by ~i removing reference to a spay/neuter deposit and replacing it with the Mandatory iz program and fee authority. Introduced by Mary Stompe, seconded by Jane Hamilton. i3 Ayes: Maguire, Hamiltou, Stompe, Read, Sliea, Vice Mayor Barlas, Mayor 14 Hillig~ss. ~s Noes: Noue 16 Absent: None ~~ ANINIAL CON'I'ROI, F~ES ~s (Resolution Number 100 NCS was not used.) The Council considered the proposed i9 resolution adopting Animal Control Fees. for licensing, redemptions, late charges, ao feeding charge, sterilization charges, and ~needy senior discount fees and rescinding zi Resolution 96-80 NCS. The fees would remain the same as Resolution 96-80 NCS sets Zz forth. This resolution would add the mandatory sterilization fees. The Humane Society a~ was thanked for making this step so soon. Although there was a vote on the issue, the za resolution will be brought back when the ordinance (above) comes back to the City zs Council for adoption. Introduced by Mary Stompe, seconded by Jane Hamilton. 26 Ayes: Maguire, Haiiiilton, Stompe, Read, Shea, Vice Mayor Barlas, Mayor 2~ Hilligoss. 28 Noes: Noue 29 Abse~~t: Noue so RESO. 96-101 NCS si 1997 AI,LC~CATIONS 3z Resolution 96-101 NCS setting the 1997 Residential Development Control System 33 Allocation Pool at 304 units. Introduced by Vice Mayor Barlas, seconded by Nancy 34 Read. 35 Ayes: Hatiiiltoi-, Read, Maguire, Stoii~pe, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss 36 Noes: None s~ Absenr. None 38 ItESO. 96-102 NCS 39 G1tANTING 1997 AI,I,OCATIONS ao Resolution 96-102 NCS granting 1997 Residential Development Control System ai allocations: c G.vtti~:4"~ ' ` ''• . . . . , Fv '?-r a.MSF,...^^~.c.,.~...- . ~.~,. .re..s ~1.~~ ,x'4 : . ' a~~Y'i ,' f ~ Page 398, Vol. 29 April 15, 1996 i Project Name Allocations Granted Total Units 2 Cross Creek* (Ely at Casa Grande) 80 225 3 Willow Glen (Son. Mtn. Pkwy./Madison) 75 ° ' -~241 a Woodside Vi~llage (McDowell at Capri Ave.) 59 59 s Tuxhorn/Gatti (Son. Mtn. Pkwy. S. of Lexington) 35 35 6 Fullerton (off of Sunny Slope) 10 10 ~ Reserve for in-fill** 45 - s Total 30~ - 9 Reservations for 1998 ~o Cross ree (E y at Casa Grande) 59 i~ Willow Glen (Son. Mm. Pkwy./Madison) 75 i2 Total 13~ ~3 * Previously reserved ia ** Minimum amount required by ordinance to be reserved for exempt in-fill ~s development. ib Introduced by Vice Mayor Barlas, seconded by Nancy Read. i~ Ayes: Hamilton, Read, Maguire, Stompe, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss is Noes: None 19 Absent: None Zo RESO. 96-103 NCS zi 1996 MOBILE ~IONYE RENT FEE 22 Resolution 96-103 NCS establishing the 1996 Mobile Home Rent Stabilization Program z~ Administrative Fee at $30.00 per mobile horne space, whether occupied or unoecupied, za payable to the City on or before April 30,1996. A service fee equal to 1'/a % per zs month wiil be charged on all (ate payments of administrative fees._.. Helen Sharp, 1$21 26 Lakeville Highway, Petaluma Association of Mobilehome Residents, thanked the 2~ Council for all their support. She noted the March, 1996, State Ballot Measure to zs remove mobile home rent from local jurisdiction's hands lost, and she is thankful for 29 that. Introduced by Matt Maguire, seconded by Lori Shea. 3o Ayes: Hamilton, Read, Maguire, Stompe, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss 3 t Noes: None s2 Absent: Nove 33 ORD. 2009 NCS 34 COTTONWOOD GOLF COURSE LEASE 3s Introduce Ordinance 2009 NCS amending existing lease agreement with Cottonwood 36 Golf Club, Inc. This relates to amending the areas which will be used by Cottonwood s~ Golf Course and within 180 days a lease amendment will be established for RESA to s8 amend the areas for the sports complex. The sports complex is near Kingsmill 39 Subdivision. The residents of that subdivision have expressed their concern about the ao sports complex and its possible impact on their neighborhood. These changes in the ai specific pieces of land to be used by the golti course and the sports complex should a2 alleviate the Kingsmill residents' concerns. Introduced by Jane Hamilton, seconded by 43 Matt Maguire. 44 Ayes: Hamilton, Read, Maguire, Stompe, Shea, Vice Mayor Barlas, Mayor Hilligoss as Noes: None 46 Absent: None April 15, 19~6 2 Vol. 29, Page 399 OIt]). 2010 NCS ZONING ORDINANCE AMENDIVIENT s Introduce Ordinance 2010 NCS amentling Zoning Ordinance 1072 NCS relating to sign a regulations. One amendment relates to Public and Private Academic School signs in s Agricultural, Residential, and Administrative and Professional Office zoning districts. 6 A separate amendment relates to Announcement Signs for Churches, Communiry ~ Centers or other Public or Institutional Buildings. Introduced by Nancy Read, s seconded by Matt Maguire. ~ 9 Ayes: Hamilton, Read, Maguire> Storupe, Sl~ea, Vice Mayor Barlas, Mayor Hilligoss io Noes: None ti Abseut: None ia l3 ORI). 2011 NCS ZOIVING ORDINANCE AMENDMENT ia lntroduce Ordinance ZOII NCS a~»ending Zoning Ordinance 1072 NCS to alter the is Light Industrial Zoning District wording to enable medical office uses of a limited ib nature as a conditional use. This will amend §14-419 of the Zoning Ordinance. i~ Introduced by Nancy Read, seconded by Matt Maguire. 1s Ayes: Hamilton, Read, Maguire, Stompe, Shea, Vice Mayor Barlas, Mayor Hilligoss i9 I~1oes: Noue 2o Abse~u: None zi CI.OSED SESSION 22 At 5:10 p.m., the Council went into closed session with the City Attorney for a 23 Conference with Legal Counsel - Existing Litigation [Government Code 54956.9 (a)]: Za HSW Holdings Coinpany v City of Petaluma, Sonoma County Case # 212979 2s z6 The Council adjourned to dinner at 5:45 p.m. AIf~.T~~T121V 2~ ItECONVENE 7:00 p.m. zs Presei~t: Hamilton, Stompe, Maguire, Read, Shea, Vice Mayor Barlas, Mayor 29 Hilligoss 3o Abseut: None 31 s2 The City Clerk led the Pledge of Allegiance to the Ylag. 33 34 PLEI)GE OF AI,I,EGIANCE 1VIOMEN'I' OF SILENCE PUBLIC CONIIV~NT ss Pamela Granger, 57 Oxford Court - The board should make the decision. It should not 36 be sent to election. Comparing Moon and Lafferty are like comparing apples and s~ oranges. She is interested in a regional park. That means someplace where she can 3s spend time. At Moon she could hike, bike, barbeque and take her horses. You have 39 access to the necessary information to make the decision, I do not. nY'Pi 4t": ' . _ . « ' . . ~"i~ : = .. Page 400, Vol. 29 April 15, 1996 ~ John Ramatici, 532 Laurel - 3rd generation Petaluman - uses Annadel and Putnam z Parks. One parcel has more challenges. We must work together to t7nd a solution to 3 provide a regional park and allow government to move forward to the issues that stand a before us. s Robert Ramirez, 611 West Street - Supports keeping Lafferty 6 Michael Baddely, 106 Lavio Drive - It is incumbent on our elected officials to hear ~ about and deliberate to make decisions. Everybody has put their heart and soul in the s issue. We have upcoming issues we believe are signiticantly mare important, such as 9 wastewater plant, flooding at Payran, Rainier, replacing the City manager and Police io Chief. Not everyone gets their way. We have needs for the money it would cost to it put it to a vote. We must trust our elected representatives. ~2 Barry Bisson, 108 Sth Street - There are two sides here. Give the other side someplace ~3 to go. If you choose to keep a position, you have polarization. What you have is a lot ~a of sincere people who are angry with each other. Create a space for that person to go.. ~s Tom Baker, 64 Century Lane - 3rd generation Petaluman - This has been completely ~6 blown out of proportion. Years ago the Council decided to sell Lafferty. Mr. Pfendler i~ with the help of the county found Moon Ranch. A year would give you an opportunity is to work on putting things in order. This could be a win-win situation. i9 Colin MacKenzie, 335 Vallejo Street - Nautical Research Centre - this issue is causing Zo anger. Let the people vote on this. a~ Jerry Price, 775 Baywood Drive - a parade of peonle have been before you on this 22 issue. These people feel they ace working for a just cause. They do not want Lafferty 23 disposed of. Follow tonight's agencla and rescind the September, 1994, action; repeal za Ordinance 1948 NCS which authorized sale of su--~lus properties relating to Lawler u Reservoir.. 26 Dr. Guy Gullion, 9 Eddie Court - Haight-Ashbury Free Clinic - keep Lafferty z~ Will Stapp, 1625 Springhill Road - quoted a writing by Gary Schneider. He speaks for ?s the watershed. That's what Lafferty means to him. z9 Dick Lieb, 1 Bodega Avenue - has been involved in governtnental issues for 35 years. 3o This is a very time consuming issue; there is more at stake in Petaluma. Supports the s~ one year set-a-side. A lot of people are fed up with the disrespect of the Mayor, of 3z, Pfendlers and Councilmembers. Dr. Bettman has asked if there is legal public access 33 to Lafferty. Let's work together. 34 Ariela Harber, 324 Sunnyslope Avenue - there have been some passionate speeches. 35 The people who have spoken want the City to keep Lafferty. 36 Beverly Alexander, 341 Liberty Street - a}arge number of people care and want to s~ keep Lafferty, because it is a special place. She wants the Open Space Distract to buy 3s Moon Ranch for the City. 39 Patricia Brown, 513 Petaluma Blvd. South - she is keeping a scrapbook on Lafferty - ao people can change their mind and that is all right. Some people feel it is wrong to let ai Lafferty go. aa Meg Locati, 1351 Mt. View Avenue - Lafferry should be preserved. Not that many as people ill use it. It is a shame all those houses are being built in the Petaluma tields. aa Pam Torl'iatt, 27 Townview Lane - she hopes to walk on Lafferty Park when she is 70 as like her grandmother has done recently. Q April 15, 19~6 Vol. 29, Page 401 i Scott Hess, 100 Union Street - Lafferty is extraordinary. We could unite, pull Lafferty 2 off the block. We could achieve both. Opposed to a"freeze" on any action. s Maria Pizzuti, 1061 McNear - wants City to acquire Moon because a lot of people can a use it. People don't know anything abort Moon Rar-ch. People should have s knowledge about it. The lack of respect for the Mayor is upsetting. 6 Bruce Osterlye, 900 Melanie Court - water, let's give this some thought. Water is a ~ precious thing. We have a water right with Lafferty. Who ever takes control of that s water right impacts water tlowing down Adobe Creek. 9 Laurel Hagen, 145 Grevil-ia Drive - we should work together. People are doing what io they think is right. She described her hike on Lafferty Ranch. We do need a park like ii Moon Ranch, but it is not the same t}ling as having a Lafferty Ranch. McCormick is iz similar to Lafferty. Please vote to rescind the swap and be uniform. is David Keller, 1327 I Street - you have an opportunity to correct some wrongs. This ia was in the 1962 General Plan. Do not give up water rights. There is an inconsistency is with the General Pla~~. ib Purchase the property in fee for open space. Support Haraberson in looking for ~~ property. The citizens haven't been given the courtesy that the ideas are legitimate. is ~ ~ ~-~ `~~r ~Z~ COUNCII, CONIlV~N'~ ~9 Lori Shea - complimented the people who participated in the Petaluma Valley Rotary zo Club Review. She asked why some Councilmembers went up to Lafferty, because she zi thought the tours were over. .She was told the press was being guided up there. 22 Nancy Read - place on future agenda a telecommunications item which will interrelate ~ with cable franchise and with emphasis on an internet connection. Very soon the City Za should have its own internet address. Also piace on a future agenda SB-1896 which u has major ramitications regarding rights-of=way issues in regard to telecornmunications. 26 Also place on an agenda computer hardware and software needs be discussed with the 2~ Council. She complimented the Val(ey Rotary for its recent evening of entertainment. Zs Carole Barlas - a comment about respect, she always thought about respect as honoring 29 each other's differences. One person's truth is another person's lie. My perspective is so my truth. It is the truth. Your perspective is your truth. It is the truth. When I can si begin to honor your truth as valuable and I honor my own truth as valuable only then 3z can we be respectful to each other. Then we can begin to find unity within our 33 differences. For those of you who tl~e concept of ridgetops as sacred places it that 34 sounds strange to you I would respecttiully suggest you tind a ridgetop somewhere and ss be on it for a while; tune inside yourself and see what you feel, then maybe that 36 statement that ridgetops are sacred places will have some meaning to you. s~ Mary Stompe - at the time the Animal Control contract was discussed, she talked about ss possibly bringing an adoptable animal to the Council meeting and feature it on 39 television as a featured pet. She would like to ask iti this needs to be on the agenda to ao request that this Ue put as a standing item on the agenda after a Moment of Silence, ai because pets don't like to hang around for two hours and sit through Public Comment a2 and Council Comment. She would like this to be a standing agenda item. She felt that as people who go up to Lafferty now are trespassing, whether or not they are aa Councilmembers. . ~ , _ , , .. ~~' ~ :• ar ~j>i" . ,. Page 402, Vol. 29 t PROCLAMATIONS April ~15, 1996 2 The Mayor read the following proclamations: . ~:~:~.~;~~`.ri. s Veterans' Buddy Poppy Days May 3 and 4 for~the appreciation of the sacrifices of our a Honored Dead, and urge all citizens to wear a Buddy Poppy as mute evidence of our s gratitude of the men and women of his country who have risked their lives in the 6 defense of the freedoms which we enjoy. The proclamation was presented to Mr. ~ Lionel Parriera, who thanked the City for this proclamation. This helps sick and s disabled Veterans. The VFW Post 1929 and the Ladies Auxiliary wish to thank the 9 Council very much. io Petaluma History Week April 20 to 2$. This year's theme "A Community. of Many ii Hands - One Heart" will focus attention on the ma~~y ethnic cultures that have ia contributed to the settlement, development and richness of our community. The is proclamation will be presented at the Museum on April 20th at Noon. ~a The Good Egg Award recognized Mike Gerke a Petaluma citizens who's individual is efforts have contributed to the positive image and quality of }ife in the City of i6 Petaluma. ~~ RESO. 96-104 NCS i8 WEED ABATEMENT i9 Resolution 96-104 NCS ordering abatement of nuisances consisting of weeds growing Zo upon public and private properry in the City of Petaluma ar-d ordering the Fire Chief to u remove said weeds by contract or by his one forces. The hearing was opened. There n being no one wishing to speak, the hearing was closed. Introduced by Mary Stompe, Zs seconded by Jane Hamilton. 2a Ayes: Hamilton, Read, Maguire, Stompe, Shea, Vice Mayor Barlas, Mayor Hilligoss 2s Noes: None 26 Abseut: None 2~ RICK PEARCE VIDEO as Rick Pearce had asked that a short video tape made of youngsters who sang a song 29 about the fish they raised from steelhead eggs and released them as 1'/a inch spry into 3o Dry Creek. He requested that he and the youngsters, called "Earth Singers" be 3i allowed to climb the hill in Lafferty Ranch so they may sing up there. Mr. Pearce was s2 thanked for the presentation. 33 There was Council discussion about the reque,st to climb the mountain. The City 34 Attorney advised that a straw vote would be in order, and legislation with the 3s appropriate language could be placed on the Consent Calendar at the next meefing. 36 The Council discussed whether or not there is legal public access to the Lafferty Ranch. 3~ Assistant City Manager Beatty showed transparencies of the lot lines as they are 3s understood to exist on Sonoma Mountain Road (near the bottom of Lafferty Ranch). 39 There still is rio final, legal, answer on the access issue. There are questions about the ao location of'the road as it relates to the lot lines. One of the neighboring property ai owners has indicated there is only an "access" easement for utility (water) purposes. April 15, 19~6 Vol. 29, Page 403 i The title search that has been done does not indicate that a roadway was dedicated. z There could be litigation tiled to ask the Court to determine what the scope of the 3 access is. The City Attorney asked for direction on further exploration of the access a issue. s The City Manager advised that a Civil Engineer did some title search when the City 6 discussed opening Lafferty to the public. He went on to say he believes there will be ~ litigation about access, based on what has been heard recently. There has been a lease s provision which related to school groups being allowed to go up to Lafferty with proper 9 notice to the City and the lessee. This has been the case since 1960. But, full public io access for a park is an issue. >> The City Attorney advised it is important to keep in mind the City has access to ~z Lafferty. It is the scope of that right that is the question. A Councilmember noted he i3 wants to find out what the level of access is. ~a RECESS 9:25 to 9:35 p.m. ~s Speakers were: ~6 Bruce Hagen, 145 Grevillia Drive - he compared this with the movie, African ueen, » saying we are stuck in a swamp with leeches and mosquitoes. He apologized or what ~s has been said. Latiferty is irreplaceable; it is usable and accessible. Public access is i9 compatible with protection of the golden eagles. Development and operating costs Zo would be reasonable. Fire risks and personal injury liabi}ity exposures are comparable 2~ with other nearby publicly accessible park and open space lands. The Open Space aa District can buy the land. There are other properties that can be looked at for a ~ regional park, besides Moon Ranch. Moon Ranch operating costs will not pay for its Za expenses. The City failed to consider General Plan consistency, to protect Adobe u Creek water rights, to legally dispose of the Lafferty-Lawler water system, to protect 26 further development at Latiferty by Mr. Pfendler, and to protect Lafferty from cattle a~ grazing. At the absolute worst case, Lafferty could be closed when the grass is dry. Zs No one has shown that eagles nest there. We can keep Lafferty and have a regional 29 park. Please rescind the swap. He likes Moon Ranch, but it doesn't replace Lafferty. so Convene a committee to work with Peter Pfendler and the home owners on Sonoma si Mountain. 3a Sheri Cardo, 501 Bryce Canyon Court - wants Lafferty to hike. She is against the one 33 year freeze. Let's see what we are able to accomplish together. 34 Tim Talamantes, 2968 Middle Two Rock Road - he is a Sth generation person living in ss the area. He supports keeping Lafferty. 36 Keith Gurnee, 3026 South Higuera St., San Luis Obispo - I'm the owner of RRM s~ Design Group, a planning and land conservation firm based in San Luis Obispo. I have ss been the one that has been working with Mr. Pfendler to try to work out the 39 conservation easement on Moon Ranch with the goal of facilitating this transaction that ao the City supported some time ago. Never have I seen so many people who believe in ai an environmental issue preserving the mountain, yet disagreeing so fervently on how aa that preservation should occur. It's time to remember what the community set out to as do, and that's find a regional park in the South County, preferably on the shoulders of 44 Sonoma Mountain. It has become clear that the community needs to take a break from as this issue, take a deep breath and reconstitute its energies to find a positive solution for 46 a regional park in the South County. At least one part of Sonoma Mountain has been a~ preserved in perpetuity. Y~ ,•:~V '~~~..:. . ~ ~~ v i . ~ ~ , ~ ' ~~~k 4~~ . ~ ` n~~.n : ;. ,.. ~ Page 404, Vol. 29 April 15, 1996 i Thanlcs to the Open Space District, Mr. Pfendler must also hold onto Moon for another 2 two years as a condition of that transaction in case the City of Petaluma decides after s looking at this issue that t}~e exaction still makes sense. .. a I don't know whether you have thought of appointing a Council subcommittee, a s balanced subcomrnittee, to start really looking for another potential park site working 6 with Supervisor Harberson. Perhaps that's something you would want to consider. I ~ would like to express my appreciation for the comments of an earlier speaker, I think g his name was Barry Bisson, to give each other space for each other's point of view and 9 return respect to these proceedings. io Hank Zucker, 15 Lone Oak Court - Lafferty is a unique resource... A. few people can't ii go up there. but so what. The issue about the road is ridiculous. The corner can be i2 condemned. I urge you to open it for limited public access immediately. i3 Jim Dumbroski, 101 H Stre~t, Suite M, ad hoc committee of lawyers for Lafferty - ia Ordinance 194$ NCS is iltegal because it is not in compliance with the General Ptan. ~s The City has violated the law; i.e., giving up a watershed. Repay users of the water i6 system. There is an easy way out to avoid litigation...rescind Ord. 1948 NCS or seek » declaratory relief. ~s Douglas Daly, 320 Pleasaiat Street - there is a lot of passion on the issue from both ~9 sides. All kinds of people have commented to him that they want to keep Lafferty.. ao Lafferty is a very special place. The City has two needs: (1) a regional park, (2) a Zi passion for spiritual uplifting by keeping Lafferty. 22 Tod Manning, 325 Post Street -(lawyer) there is no way to really know about the ~ access until thece is an investigation. Eminent domain is not a possibility. There eould Za be an action in the Court. He will ofifer his ofitice free to any Councilmember who is u charged for trespassing. He feels that if educational groups have been allowed up there 26 in the past, then the City could still allow that to occur. z~ Robert Ramicez - spoke in protest of the tigures used in the appraisals for Lafferty and Zs Moon. He feels Mr. Pfendler cannot play on a property l~ss. z9 Guy Gullian, 9 Eddie Court - he wants to have a feeling of belonging. He doesn't so want to start a referendum. 3i James Mobley, 143 Acorn Drive - you cannot compare the two sites. Lafferty is a 3z treasure. He urged the Council to open Lafferty Ranch. 33 David Keller, 1327 I Street - the conditions by which the trade was to occur have not 34 been met. He said Mr. Pfendler said he would not allow access to Lafferty except for 3s Casa Grande United Anglers. The development rights on Lafferty are not 36 extinguished, so there is one home site available. Mr. Pfendler could build a bunch of 3~ homes on Lafferry, if he chose to combine his parcel with Lafferty. The public coffers ss do not get the taxes that Mr. Pfendler has saved. There has been ,no comprehensive 39 report on the conditions of Moon Ranch facilities. Water rights and the issue of ao publicly owned watershed were not included in the appraisal of Lafferty, a major ai oversight. April 15, 19~6 Vol. 29, Page 405 i After Mr. Gernee spoke he asked him exactly what he meant Mr. Pfendler was 2 offering. And he said, this is David Keller paraphrasing, if Mr. Pfendler can read the 3 handwriting on the walls, and he's not necessarily attached to having... he would very a much like for his own personal reasons to have the deal go through as it has been s wending its way along, but he recognized that it may not and urged the Council to 6 proceed accordingly. . ~ Mr. Keller asked him if he knew if Mr. Pfendler would be willing to sell Moon, fee s simple, without getting Lafferty. He said he did not know. He asked him if he would 9 find out and let us know. He said }~e would do that. The answer to that question will io shape very clear}y how we proceed from here. If Mr. Pfendler is not willing to ii relinquish Moon to fee simple purchase by tl~e Open Space District or otherwise for the ~z use as a regional park, then we might as weil start now looking for another place. If he is is, then let's complete that deal. ia Art LaFranchi, attorney for Pat Cheda ancl fa~nily - The Lawler reservoir site is is completely surrounded by Cheda property. There is no mention of an easement right. i~ The Chedas feel any easement rights to access the site there are very limited. He asked i~ the Council, whatever you may otl~erwise do with the issue, we would ask that you still ~s complete the transter of Lawler reservoir site to the Cheda family, because we believe i9 there is no other use of that site than water. We think there is no legal justification to Zo use that site for public proposes. We ask that you retain the ordinance in force as it Zi relates to that site. Zz David Mayer, 295 Los Angeles, San Anselmo - What gets him are the petty legal ~ issues. Lets deal with the big issues. Za Mr. Dombroski - Cl~edas got that property for $1,500. The contract was illegal. u Yigal Toister, local Realtor - why should the City pay to clear up the access issue? The z6 burden of proof is on the property owner. He feels the appraisals for the two a~ properties are not accurate. The trade is bogus. Never have the Realtors in town been Zs approached to t7nd property for a regional park. Preserve the water source. 29 - - - End of Public Comment - - - so Council comments - Supervisor Harberson's afternoon comments were reiterated. The si Open Space district will not pay for improvements and operations at Lafferty. All the 32 Supervisor needs is t1~e Council's authorization to look for park land and Open Space 33 District funding. The Council wants to know if the Open Space District would 34 consider any property for a wilderness park. The Supervisor said that could be 3s presented to them. Lafferty would not be operated as a regional park by the county. 36 s~ • A year for review would be helpful. 38 • Form a subcomiY~ittee of Council members, Sonoma Mountain property owners,_ 39 interested public to develop the next steps. ao • See if we can get a regional park and keep Lafferty. ai • We should give the process a specified time to do this. aa • This is not a"freeze". 43 • Lets take time-out until something happens. a4 • We could have a subcommittee work with Supervisor Harberson. as • Mr. Gurnee cut us loose to go tind something else. ~' ~ : ~~) .r:~ ~.~ ' Page 406, Vol. 29 April 15, 199G ~ ' .. • a,~:~+ r . t..~ ~ . . . ~ i":~.a~ r.y ~t'~' t i • Very much in favor of putting this aside for a year, 18 months or even 2 years a predicated on the fact that we rescind Ordinance 1948 NCS. s • It would cost around $1'h Million to tix Lawler reservoir. a • There are many things that have to be resolved if the City is~to-keep Lafferty, such s as paying for operations, improvements, insurance, maintenance. 6 ° Sonoma Mountain Road improvements would need to be looked at. ~ • The access issue will need to be resolved. s • One year could allow us to look at all the options and will help to obtain answers to 9 a lot of questions. io ° We could continue to work on the issues during the "time-out". ii • We need to do everything we can to tind a pieee of praperty. iz • With respect to all of the above, the thing that must happen is to take Lafferty off ~3 the table. . ~a • We have legalities to ans~ver on the issue, access, General Plan conformance. is ADJOURN i6 At 12:15 p.m., the meeting was adjourned. i~ is ~ 19 y ~ ~ 20 . u M. atricia Hilligoss, Mayor Za ATTEST: ~ 24 25 ~ /~/lI/~/ ~ z6 Patricia E. Bernard, City Clerk