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HomeMy WebLinkAboutMinutes 12/04/1995Monday, December 4, 1995 Vol. 29, Page 269 i 1 Q~~~ MINU~'ES 2 ~ OF A ~GULA1t 1VIEETING 3 i PETAI,UNYA CITY COUNCIL a MONDAY, DECElVIBER 4, 1995 5 120Y.L CAI,L 7:00 p.m. 6 Present: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss ~ I Absent: Barlas 8 PI.EDGE OF ALI,EGYANCE 9 The Pledge~ of Allegiance to the Flag was led by Tom Furrer. lo PUBI.~C COMMENT i i Bruce Osterlye, 10 O~cford Court - he supports retaining Lafferty as well as restoring ~2 Adobe Creek. All steel head need is water, gravel and cove . Says steelhead come up to i3 Samuel P. Taylor Park, why can't the public use Lafferty? ~~~'d 1tiu~a~,~.G~o ~a Michael Davis, 1648 Northstar Drive - regarding the reduction of telephone rates to Santa is Rosa. The~Council should take a stand. The toll rate to Santa Rosa was supposed to be i6 dropped in February and now it appears that may not happen. Regarding this Lafferty and ~~ Moon situation. Someone who is neutral should be retained to take the fact from the is misinformation so that the public can know what the real situation is. i9 Ryan Giannecchini, 5811 Gravenstein Highway, Sebastopol - spoke about the Petaluma 2o High School class that was not allowed to go up to Lafferty. He said it was denied 2i because of~Mr. Furrer's fish and this is a tactic to keep schools away from the Lafferty 22 Ranch. He referred to a case entitled Brown vs. Board of Education. Lafferty should be 23 shared by all. (The Co7~ncil had authorized the class to visit Lafferty after they had 2a received permission from the Co7~nty Board of Education.) 2s Alice Bono'mi, 862 South McDowell Blvd. - she is a self appointed volunteer. Before the 26 Humane Society it was bad at the pound. If you really love animals, you would not take 2~ the Humane Society out. 2s Bruce Hagen, 145 Grevillia - is a creek lover, he worked on Thompson Creek and Lynch 29 Creek. He goes to Russian River once each year to clean it. He disagrees with Tom 3o Furrer. There is a good trail at Lafferty which is not going to erode into the creek. Read 3i a letter stating there is City access to Lafferty Ranch. 3z Christine Gatlin, 622 I Street - she is a visitor and is thinking of settling in Petaluma. 33 There is overcrowding of animals at TLC. The Animal Shelter smelled bad. If TLC was 34 doing theirijob it shouldn't smell. They sprayed water on barking dogs. This is cruelty. 3s The TLC hosed down dogs and then made them stand on •wet cement until they were dry. 36 How can you ask animals to be adopted when they are learning to be afraid of people by 3~ that type of tactic. Please consider carefully who will be care takers of the animals. 3s Jerry Price, 775 Baywood Drive - access to Lafferty - only a few people are good enough . 39 to go on Lafferty. Dr. Bianci has pages telling why we shouldn't allow access. There is a ao habitat for f sh from the Petaluma River to the headwaters, 7 miles. Please carefully study a~ this report. ! Please talk to citizens who love Lafferty. He would be willing to donate some a2 time to Uni'ted Anglers. ~( ~~(Ia;~~ ` ~ ~r~~,~ ~ Page 2~0, Vol. 29 I Monday, December 4, 1995 ~ Robert Ramirez - Don't put the headwaters in private hands. You cannot teach children 2 to be environmental if we don't trust them. • 4 Jane Hamilton - w i en will the Moon-Lafferty issue be before; the Council s City Manager Scharer - it is his plan to send materials out on Lafferty/Moon two weeks ~ prior to the meetirig at which this will be discussed. At this time he does not have the ~ necessary papers from the Open Space District. The earliest date would be in January. s Jane Hamilton - she would like to discuss the telephone rate issue. (City Manager said 9 that would be on ttie December 18 agenda) ~o Mary Stompe - the City should aggressively approach the telephone company regarding ~~ the toll rate to Santa Rosa. Regarding the Petaluma High School class that wanted to go ~z to Lafferty, Mrs. Stompe has telephoned the teacher and offered to speak to the class. ~3 There has been no !~response from the teacher. She attended the National League of Cities i4 meeting in Arizona. They have a city store that sells street signs and the like. They make ~s a small profit. She~attended the funeral for Jack Cavanagh, Jr., who will be sorely missed. i~ Vice Mayor Lori Shea - she was not opposed to the class ;oing up to Lafferty, she was i~ opposed to the timing. The students were wearing Lafferty buttons. I am in agreement ~s wrth the student trip after the decision is made. She also offered to talk to the class and i9 has not heard a response from the teacher. 2o Nancy Read - congratulated the Hospice for the Light Up a T ife program. 2i Mayor Hilligoss - she offered that she and Recreation Director 7im Carr make a 2a presentation to the class that talked about going to Lafferty and also has not received a zs response. She suggested the new park be named Jack Cavanagh Park. za Rich Poremba presented a perpetual trophy to the Mayor about the 24-hour Relay which 2s took place. They intend to repeat the event next year. z~ Dick Sharke - thanked everybody for making the 24 Hour Relay a success 2~ Matt Maguire - noted that the teacher whose class talked about Lafferty Ranch, Marcy 2s Kossman, was tolid by the Petaluma School Superintendent that she should not get 29 involved in the issue. 3o MINUTES 3i The minutes of the~November 20 meeting were a proved as amended: i ~ 32 Page 260, Line 9, correct spelling of "they" v 33 Page 261, Line 29, change "change" to "create" Monday, December 4, 1995 Vol. 29, Page 271 1 CONSENT CAI.ENDAR 2 The following items which are noncontroversial and which have been reviewed by the City s Council and staff were enacted by one motion which was introduced by Matt Maguire and a seconded by Nancy Read. s Ayes: Hamilton, Stompe, Maguire, Read„ Vice Mayor Shea, Mayor Hilligoss 6 Noes: None ~ Absent: Barlas s 9 io Resolution ii ia -305 NCS approving Claims and Bills #50742 to #51068. RE50. 95-305 NCS CI,A~MS AND BILLS I~SO. 95-306 NCS A~-10 - gIODGES & SHUTT i3 Resolution 95-306 NCS authorizing the City Manager to execute an agreement with i4 Hodges &i Shutt for Airport consulting services for AIP 3-06-0186-10 Airport is Improvements for $59,500. These funds are to be paid from the grant. 16 ~ RESO.. 95-307 NCS i~ I COMPLETION ~OPPER STREET STORNI D12AIN is Resolution ~95-307 NCS accepting completion of the Hopper Street Storm Drain Project i9 #9746. The work was done by Max Riggs Construction of Petaluma. zo O~. 1995 NCS 2i I, FOR UNITS 6, 7, AND 10 POLICE ANI) FIl2E 22 ~ PERS CONTRAC~' AMENDMENT 2s Adopt Ordinance 1995 NCS authorizing an amendment to the Public Employees 24 Retirement System Contract pursuant to the MOU for Units 6, 7, and 10 Police and Fire. as I ~SO. 95-308 NCS 26 PRINCE PARK - ~STROOM & CONCESSION ~LDG. 2~ Resolution i95-308 NCS awarding the contract for building the restroom and concession zs building at Prince Park to C. G. Builders of Santa Rosa for $105,757. The resolution also 29 authorizes retaining a temporary construction inspector for the project. 30 * * * * * End of Consent Calendar * * * * * 3 i P~tOCY,AMATIONS 3z Mayor Hilligoss read a proclamation declaring December 15 as a day to drive with 33 headlights on. It is called `i,ights on for Life Day" and the day is to be a memorial for the 34 victims of impaired driving and a reminder of the dangers of drunk and drugged driving. 35 Mayor Hilligoss read a proclamation to the Host Lions of Petaluma on their 70th 3~ Anniversary of service to the community. .. . . - . .. J.. . .- Page 272, VoL 29 I Mooday, December 4, 1995 ~ ~ UNITED ANGLERS DEFENDING THEIR DREAM a Tom Furrer, teacher of wild life biology at Casa Grande High School and teaching staf~ s for the United Anglers which consists of eurrent and former high ~school students who a have adopted Adobe Creek and are trying to bring the steelhead back to the creek to s spawn. This proje~ct has been on-going for 12 years. Mr. Furrer began his presentation ~ and closed his presentation with the comment about the direction of the school district not ~ to discuss anything; that was political. s When the Lawler Reservoir was no longer being used for water storage in 1992, the ~ United Anglers approached the City Manager and asked for assistance in removing man io made impediments which would stop the steelhead from goflng upstream to Adobe Creek ~ i headwaters so they .could spawn. There are two places nn the creek that need to be ~2 addressed. One is~ the bridge under Adobe Road. At this location the students actually ~s carry the fish from one side of the road to the other. The other location is somewhere ~4 near or within Lafferty Ranch. Mr. Furrer asked the Council to give his group assistance is in removing the two remaining fish movement barriers. ~~ He outlined some of the many setback encountered during the last 12 years. These ~~ included finding shopping carts placed across the mouth of Adobe Creek to enable some is persons to catch f sh going upstream to spawn; 4-wheel drive vehicles have repeatedly i~ ripped up the area at the mouth of the creek; they have found adult fish killed with rocks; 2o a youngster showed them an adult fish which had been taken to his swimming pool (it was 2i floating upside down by the time the United Anglers were apprised of the situation); what 2z appeared to be some ritual killing of hogs and other animals were found in the creek; at z3 the Adobe Creek golf course golf shoe spikes have been canspicuous at the site of adult za fish mortality caused by a golf club and another adult fish which had lost its eggs while 2s struggling from someone wearing spiked shoes; and fertilization from the golf course has 2~ caused fish kill. He expressed his concern about the actians of a few members of the 2~ public when there is an opportunity available. zs A small segment of a recent ESPN Cable Television program about the United Anglers z9 was shown to the CounciL so The Council expressed support of the United Anglers attempts to `bring Adobe Creek si back to life" Mr. Furrer asked why can't we find one place for wild life that is sacred for 32 the animals: The United Anglers now have a fish hatchery where they are not only raising 33 steelhead, but they are also raising salmon. Their program is a model for schools 34 throughout the United States. 3s The Council and citizens were asked to help, to spend their time with the program, to 3~ develop volunteer ~patrols to help the fish to use the creek: as fish have done for many s~ years. ~ sa It was suggested t I,at the public's knowledge of the students' work should greatly increase 39 the public support! that is needed to help the fish thrive in Adobe Creek. The students 4o were thanked for c~oming and for all their work. ai RECESS 8:45 to 9:00 p.m. Monday, December 4, 1995 Vol. 29, Page 273 ~ 1 ~ TEEN P~tOGRA1VIS 2 Recreation iDirector Jim Carr reported on the Skateboard Insurance status. He noted it is s the policy of the group of cities in the self insurance consortium to deny insurance for a skateboard parks and for trampolines. The City has offered to include an mdemnification s clause in the skateboard park agreement. This information has been forwarded to the 6 State for th~eir approval prior to the time the 4th District Agricultural Association executes ~ the agreement. g ORD. 1998 NCS 9 ADOPT 1994 B6JILDING CODES io Adopt Ordinance 1998 NCS adopting by reference the following: i i 1994 Uniform Building Code, i2 1994 Uniform Housing Code, i3 1994 Uniform Code for the Abatement of Dangerous Building, ia 1994 Uniform Mechanical Code is 1994 Uniform Plumbing Code i~ 1994 Uniform Swimming Pool, Spa, and Hot Tub Code i~ 1994 Uniform Solar Energy Code is 1993 National Electrical Code i9 1994 Uniform Sign Code 20 1994 Uniform Code for Building Conservation 2i 1994 Analysis of Revision to Uniform Building Codes, plus 22 Stop Work Order regulations, Fire Sprinkler regulations, Crawl Space Grade and 23 Drainage regulations, Supercedes Ordinance 1888 NCS of 1992 za The ordinance was introduced by Nancy Read and seconded by Mary Stompe on 2s November 20. The vote to adopt the ordinance was as follows: 26 Ayes: Hamilton, Stompe, Read, Vice Mayor Shea, Mayor Hilligoss 2~ ~ Noes: None 2s i Absent: Barlas Abstain: Maguire 29 I~ODIAK JACK' S ~ONK~' ~'ONK & SALOON 3o Kodiak Jack's appeals were continued to either December 18 or to January 2, 1996. si RESO. 95-309 NCS 3z i REFTJSE ItATE5 s3 Resolution ~95-309 NCS approving 1996 Refuse Collection Rates. Rates will increase 34 1.2% effective January 1, 1996. There are 14,284 residential customers and 1,031 3s commercial customers as of the first of this year. Residential recycling was expanded in 36 the middle ~ of 1993 to include the separate collection of yard waste. The yard waste 3~ collected in the city is delivered to a facility where it is shredded and processed into soils 3s compost. This program is diverting between 300 tons and 600 tons per month. The 39 household paper, bottle and can recycling program is diverting between 325 tons and 375 ao tons each month and the participation rate is between 75% and 85%. The Refuse ai Committeei (Shea, Maguire, Hamilton) scheduled their next meeting at 4:00 p.m. on a2 January 29,j 1996. ~, ~~ ti:« ;~ ,~. . Page 2~4, Vol. 29 I Monday, December 4, 1995 i The diversion figures presented by Mr. James Landa of Wa~te Management included only 2 Waste Managemerit act~vities, not the other firms which also handle waste. 30% of waste 3 product picked up by Waste Management in Petaluma is being recycled. The Council a asked for total diversion figures on Petaluma so that the City may know the actual total. s It was noted that a~ Mr. Jose Hernandez is working with the Hispanic community to make 6 them aware of the i ecycling programs that are available. ~ Barry Adams, attorney for Industrial Carting, noted that ~n the early 1980's Petaluma a opened up the detiris box market and allowed for open competition. In 1993 a local 9 school district went out for bid, and now Industrial Carting is providing service to the Old io Adobe School Disi rict. They think it is time for Petaluma to go out to bid for refuse i i service. ia Curtis Michelini, Industrial Carting - thanked the City for the opportunity to conduct the ~3 debris box business, and he hoped the City would consider going to bid for refuse ~4 collection. The resolution was introduced by Mary Stompe and seconded by Nancy Read. is Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, lvlayor Hilligoss i~ Noes: None i~ Absent: Barlas ia RES0.95-3101~1CS ~ i9 ALLOCATIONS - MAXWELL AND W~ST VIEW SUBDIVISIONS 2o Resolution 95-310 NCS extending the 1995 allocations for the Maxwell and West View 2i Estates Subdivisions from December 31, 1995, to March 31, 1996. Introduced by Mary 22 Stompe, seconded by Nancy Read. 23 Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss 2a Noes: None 2s Absent: Barlas 2~ ORD. 2000 NCS 2~ TRUCK PROHI 2s Introduce Ordinance 2000 NCS amending Municipal Code Section 11.52.070 relating to 29 prohibition of trucks on certain streets. Under the prohibition of vehicles exceeding a ao ma~mum gross weight of three tons are hereby prohibited from using the following 3i streets at any time, the addition is to add this wording, `Si~cth Street between Western 3z Avenue and `i~" St'reet. Len Sjosten, 14 6th Street asked for more and better signs about 33 truck prohibition. Introduced by Jane Hamilton, seconded by Matt Maguire. 34 Ayes: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss 3s Noes: None I s~ Absent: Barlas s~ M ss The Marin/Sonoma Mosquito Abatement District is asking the City Council if it wishes to 39 send n appointee to their Board for a two year term. Richard Ryno, whose term expires ao this December, has already resigned. It was agreed that the Council would make the ai appointment on Jariuary 2. Monday, December 4, 1995 VoL 29, Page 275 1 : CLOSED SESSION z At 10:20, ~the Council went into closed session pursuant to the Brown Act for the s following discussion. Conference with Labor Negotiator - pursuant to Government Code a§54957.6 City of Petaluma, City negotiating team (Acorne, Beatty, Spilman, Salmons) - s Unit 10 Public Safety Mid-Management Association 6 Conference with Legal Counsel - Initiation of Litigation pursuant to Governrnent Code ~ §54956.9(c) s ' AY)JOURN 9 10 11 ' \\_r.~~~ 12 13 M. Pa ia ATTEST: ~ is 16 ~ ~ i 17 is Patricia E. Bernard, City Clerk icia Hilligoss,