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HomeMy WebLinkAboutMinutes 04/01/1991~1 ,t. . QP(jroJed 0.5 ~c~f~rtc'-iec~, April 1, 1991 ~}-~S-~I Vol. 26, Page 189 1 MINUTES OF A REGULAR 1VIEETING 2 PETALUMA CITY' COUNCIL 3 MONDAY, APRIL 1, 1991 4 3~Gb P^^ ROLL CALL 5 PRESENT: Read, Woolsey, Vice Mayor Cavanagfi, Mayor Hilligoss, Nelson 6 ABSENT: Davis, Sobel (Councilman Sobel is :Chairman of the Sonoma County 7 Transportation Authority which meets Monday afternoons.) . 8 PROCLAMATION 9 Mayor Hilligoss read a proclamation recognizing the days of remembrance of the Nazi 1o Holocaust and presented it to .Larry Tencer who .accepted it on behalf of the 11 Congregation B'Nai Israel. 12 MINUTES 13 The March 18 minutes were amended: 14 Page 184, Lines 24 et seq. Add a sentence stating, "The software that the Auto Center 15 utilizes will be purchased by -the applicant ;for the Community Center reader board. If 16 it is possible that one piece of software can be dual purpose, fine." 17 CONSENT CALENDAR 18 The following items. which are noncontroversial and have been reviewed by the City 19 Council and staff were enacted by one motion. which was introduced by Nancy Read 20 and seconded by Vice -Mayor Jack .Cavanagh, 21 AYES: Read, Woolsey, Nelson, Vice Mayor Cavanagh, 22 Mayor Hilligoss 23 NOES: None 24 ABSENT: Davis, Sobel (Councilman Sobel is Chairman of the Sonoma County 25 Transportation Authority which meets Monday afternoons.) 26 RESO.91-76 NCS 27 CLAIMS AND PILLS 28 Resolution 91-76 NCS approving Claims and Bills #09207 through #09569. 29 RESO.91-77 NCS 30 GLENPROOK PHASE 1-FINAL .MAP 31 Resolution 91-77 NCS approving Glenbrook Phase I final map. 32 RESO.91-78 NCS 33 SCWA TO MAINTAIN CAPRI CREEK 34 Resolution 91-78 NCS requesting Sonoma County Water Agency to accept 35 responsibility for maintenance of Capri Creek near Sunrise Parkway between North 36 McDowell Blvd. and Maria Drive. 37 RESO.91-791~ICS 38 AKRON WEST APPEALS 39 Resolution 91-79 NCS upholding neighbors' appeals (Mayer, Callahan and Angell), 4o denying Akron West appeal (Mullins) and overturning the Planning Commission 41 conditional use permit approval. This confirms Council action from the meeting of 42 March 4. Page 190, Vol. 26 April 1, 19.91 1 RES®. 91-80 NCS 2 ABATE ILI,EG"AL-SIGN =MAIL DEPOT 3 The City Attorney suggested that everyone. wishing to speak, be sworn ~in en masse. 4 The City Clerk swore m 'the individuals who planned to testify on this matter.. The 5 City Council heard.. from Planning staff member 7anP Thompson (had taken Oath) 6 regarding their unsuccessful efforts to obtain.. a sign. permit application from the. Mail 7 Depot which is .located at 40 Fourth Street, The City forwarded correspondence. to 8 the company on July 23; October 17, Januarryy 8 and January 28.. Staff also had 9 telephone conversations with ,the tenant on July .24 and: August 21 in an attempt to 1o resolve the. issue. The notice and posting were accomplished. pursuant to the 11 1Vlunicipal Code. 12 Sta was promised the signs wou 13 advertise the Mail De of have ld. be taken down, ,but to date the illegal liariner signs. g p not been removed Wth.no signpermit application, 14 the building frontagge~ measurement and building 'side measurement have not been 15 made available to the City in order- to calculate the allowable sign "sizes. Community 16 Development.:Direetor Warren, Salmons (had taken Oath) advised the. current square 17 footage of signs is more than wound "be allowed. 1g The hearing was .opened.. Elaine Cook,; the commercial. tenant`: "(had taken Oath) 19 responded. She noted she had received the Notice to Show Cause. When she took 20 possessibn~ of the. building, the signs were up. They were made aware later that they 21 were illegal because they had not received a perrrut from the City. It was never the 22 intention. to leave them up. The signs.were affixed with screws to the buildin ~ whic r ' g h 23 means' that. removal will.. require repair to the: exterior walls. "For ten months we have 24 been trying to make this look. not like a, Greyhound Bus Station.,"' They have done 25 extensive "interior work; the: next step is to concentrate. on the building exterior:. A 26 General. Contractor had been' hired ao'make exterior repairs; he died. `She wants to 27 have a General. Contractor supervise. the exterior ,repairs. She plans to have someone 2s prepare the. surface and correct the two year' old exterior paint job. The, signs will be 29 removed at that time: She estimated that within the nf;xt thirty to sixty days a painting 3o contractor would begin his work. Rather than paying someone to take the signs. down,, 31 she: is waiting for"the painting work to ~be .done and the `signs'will come down as part of 32 that job. 33 It was noted that all they existing signs are subject to; abatement. The City" Attorney 34 asked ;if she would be: willing• °to remove them as well. She said she could .certainly 35 take a permit out for. the front_sign that is back-lighted,..-She has to have someone with 36 a ladder' to measure the. size of that sign for her. 37 The Mayor asked if she could .take out a permit for-tile largest amount of sign space 3s she would be permitted to have and at a later date bring in the drawings. With the 39 banners;. the Commuiuty Development, Director' said, .the - total:.amount of square 40 footage is significantly .higher, than would "be .perrriitte`d otherwise. From his . 41 _ observation, the ,permanent signs probably are well within what would be permitted. 42 The tenant said, the banners will be coming. down with`. the paint. job within the next 43 thirty days and she will come in for a. sign permit:,,Tt was noted that the reason;for the 44 nuisance abatement is not for a dangerous condition, taut rather it is for not having an 45 approved and'conforming -sign on."thee building. T`he hearing was, closed. 1VIs. Cook-left 46 the ..room before- the proceeding was concluded. A copy of `th`e resolution will be 47 . forwaid'ed to her. April 1, 1991 Vol. 26, Page. 191 1 Resolution 91-80 NCS declaring conditions of property at 40 Fourth Street to be a 2 public nuisance and ordering said nuisance to be abated within. thirty (30) days and 3 ordering, Elaine .Cook to obtain a sign permit within that same period of time. 4 Introduced by Lynn Woolsey and' seconded by Bonnie Nelson. 5 AYES: Read, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss 6 NOES: .None 7 ABSENT: Davis, Sobel (Councilman Sobel is Chairman of the Sonoma County 8 Transportation Authority which meets Monday afternoons.) 9 10 ItESO.91-81 NCS . A~A~ NUISANCE AT 113 Vi~BSTEIt STREET ' 11 The City Clerk swore in the persons wishing to testify. The City Council heard Fire 12 Marshal Clyde Thomas (had taken .Oath), review the conditions from which the 13 nuisance abatement arises; i.e. overgrown vegetation, accumulation of rubbish and 14 debris, dilapidated .sheds and/or animal pens m the .rear yard creating a .fire hazard. is In March, 1990, staff responded to complaints, artd as a result of that contact with the 16 owner, the building violations have been corrected. The property owner has advised 17 the City that she plans to have a renter move into the property and make the 1g necessary corrections. The hearing was opened. 19 Delores Correia Nagy (had taken Oath), owner of the. property, explained that the 20 reasons the work has not been done are due to~the complete disability of-her deceased 21 father, Anthony Correia. :She had taken care of him for several years prior to his 22 death. As an employee of fihe State highway system,.. 'he, had collected hub caps and 23 gas caps over the years. and. had stored them in the old rabbit. hutches. He was also a 24 botanist and had planted :the hedges on the property. However, during his declining 25 years, the yard fell into;negleat. 26 Mrs. Nagy said, she has been greatly stressed over the poor health and eventual death 27 of her parents, stressed over the the request from the City to clean up her father's 2s collections of things, stressed over the request to "tear out" his plantings, and stressed 29 over her own onset of .diabetes. She went into a great. many .details of the history of 3o that residence starting with ahe emigration of her parents from Portugal, to their 31 building that home, to ,her growing up at that address, to her parents passing. 32 Herb Fairbrother, 109 Webster Street (had taken Oath), reported that his dog had 33 been bitten on the nose by a rat from the neighboring property. All I am asking is the 34 City require that she clean up the yard. 35 Mrs. Nagy advised that Skip LeFleur will move into the 113 Webster house and will 36 clean up the yard. Vice Mayor Cavanagh noted the property owner has been 37 promising to -clean up the yard for a number of years, and to date nothing has been 38 done. The hearing was closed. 39 Fire Marshal Thomas noted that he saw- no evidence of rats ,rat trails or runs or 4o droppings; however, there is no doubt that some extermination efforts should be 41 made. She was advised the nuisance: must be abated within thirty (30) days or the City 42 will have the yard cleaned up and the cost will be levied as a lien on the property. 43 Resolution 91-81 NCS Ordering, Abatement of Nuisance, 113 Webster Street within 30 44 days and requiring' rat extermination. actions on the part of the property owner. 45 Introduced by Bonnie Nelson and seconded by Vice Mayor: Cavanagh. 46 AYES: Read, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor`I-Iilligoss 47 NOES:: None 48 ABSENTa~ Davis, Sobel, (Councilman Sobel is Chairman of the Sonoma,County 49 Transportation Authority which meets Monday afternoons.) Page 192, Vo1..26 1 RESO.91-82 NCS 2 BOYS. ANDGIIZLS,.CLUB .FEES April 1, 1991 ;{r::, r ~ ?. 7~~a ~ ;. . 3 Nancy Read, a member of the Board of Directors: of the Boys.. and.Girls Club, stepped 4 away from the :dais to avoid any hint of conflict of interest. She returned to~'her seat 5 after- the vote. The Boys and Girls Club is in the fund-raising phase° of the 6 construction' of he second ~faeilty to be located .at Lucchesi Park. They have 7 requested that the City waive all impact fees. Thee City Manager recommended the g Storm. Drainage .Impact Fee. and the- Community Facilities Development Fee be 9 . waived.. `which. represents apps"oxiinately $25,23.1. Ia was moved by Vice Mayor 10 Cavanagh:aid_seconded:by Lynn Woolsey to authorize the waiver of these :fees. 11 .AYES: Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss 12 NOES: None ' 13 .ABSTAIN: `Read 14 ABSENT: Davi"s,,Soliel (Councilman, Sobel is Chairman of the Sonoma County 15 Transportation Authority. ,which-meets Nlond'ay afternoons:) 16 RESO.91-83'.NCS 17 PARS 18 Resolution. 91-83 NCS authorizing participation in the Public- Agency Retirement 19 System :- PARS - (for part: time employees). It .is es"tiinated the cost !to the City would 20 be, $18:,813:55.: There will be no cost to the employee. There °is a -new Federal 21 mandate that. all public agency employees. w,ho~ are nc~t covered. by a retirement..plan 22 must be covered by a. qualified retirement systern~ on July 1: Af present, the part ti"ine 23 employees fall, into that category. PARS is being, estabTisfied b~ a consortium of .local 24 government agencies; it is expected that the system will be self-funding in 25 approximately 7 years: Introduced by Nancy Read, seconded by Lynn Woolsey. 26 AYES: Read,'Woolsey, Nelson, Vice:Nlayor Cavanagh; Mayor Hilligoss 27 NOES:. None. 28 .ABSENT: Davis„SobeL(Councilman Sobel is Chairman of the Sonoma County Transportation;Authority 29 which meets Mondayafternoons:) 3o CLOSED SESSION . 31 At 4:25 <p.m.; the Council recessed to a Closed Session to discuss pending litigation 32 with the City Attorney. 33 AD.TOURN TO 7:`00' pm: 34 RECONVENE and ItOLI; CALL'7:00 P.M. 35 PRESENT: Read,'Woolsey; Vice Mayor Cavanagh,:Nlayo~r'Hilligoss Sobel; 36 Nelson 37 ABSENT:.Davis 3s INVOCATION Rev.. Rolfe Conrad of the United Methodist Church gave the' Invocation. 39 PLEDGE OF ALLEGIANCE City Clerk. Pat Bernard led the Pledge of Allegiance. 4o PUBLIC 'COMMENT 41 A group :representing- the :Sonoma County .Faith-Based :Community Organizing Project. 42 were present, to address the Council requesting ~th'ey consider an increase. in the Fee 43 which; is. collected from. developers m-lieu, of construct°ion of ~l'ow and'moderate income 44 housing; commonly referred to as the "in-lieu fee": 'The letter of request was read in 45 English and`was also translated into Spanish. ,. 46 CITY C®LTNCIL-COMMENTS. 47 Nancy Read - .requested the Cty.Engneer tq~ advise. the time lines'for construction of 48 improvements on Washington at the Swim Center and on North McDowell. .f '~ iY April 1, 1991 Vol. 26, Page 193 City Engineer Tom Hargis said cross town. traffic will be subject to interruption for only a short time now. When the landscaping is installed there may be some additional delays. `The Council directed that there be no trees planted. in that Washington. Street median and the other median plantings are to .consist of drought tolerant plants, Mr. Hargis_went on to say the construction of the railroad arms,at the crossing on North. McDowell is anticipated to occur soon. Sonoma Mountain Parkway is going- out to bid this month. During~ir~os~ oe~pril and May, Corona Road between Ely Blvd. and North McDowell Blvd,, 'ter on tumid-summer, the City will overlay portions of North and South McDowell Blvds. " to Vice Mayor Jack Cavanagh -recently noted that the Mayor and Vice. Mayor recently 11 presented a tie clip and City the to a returning Persian Gulf veteran: He asked if all " 12 the troops will be given the same recognition. It was noted that trying to schedule all 13 those veterans to be present at any given moment would. be very difficult. ~ ' 14 PROCLAMATIONS is' "Mayor Hilligoss Proclaimed the week of the Young Child Apri17-13, 1991": ' 16 PRESE'N'TATIONS 17 Bernice Callahan, representing. the Petaluma Parent Support Services Network, ig presented a resolution of commendation to the City of Petaluma for their interest in 19 and support of Child Care and Family Day Care programs. 20 REQUEST" STATE TAKE CERTAIN ACTIONS ON EDUCATION 21 Both Bonnie Nelson and Nancy Read, employees of educational institutions, stepped 22 away from the dais, did- not participate in the discussion. and .returned to their seats. 23 just prior to the discussion of the next agenda item.. There was not a consensus to 24 adopt a resolution suggestl}~g 25 ~ C--nve~ r1c~ naf suspend PropoS i }ion X18. 26 NUISANCE ABATEIVIENT - 331 KELLER STREET 27 , At the direction of the City Council on March 4, the City Attorney processed an Order 28 to Show Cause on this. date regarding Abatement of Public Nuisance -Akron West 29 alcohol and drug counselling at 331 Keller Street in the old Phillip Sweed School. 3o Attorney Wendy Cleveland. represented Akron West in requesting a continuance for 31 30 days. It was noted the organization plans to move from 331 Keller Street by April 32 12; the additional time was requested in the event that Akron West is unable to 33 complete the move as is currently planned. They have moved all the disputed 34 meetings which caused neighbor concern at the .early and .late hours of the day. She 35 said the basis of the group's process is anonymity and continuation of the Order to 36 Show Cause Hearing as they have requested would assist in maintaining that 37 anonymity since they anticipate the question will be moot. 38 It was moved by Vice Mayor Cavanagh, seconded by, Lynn Woolsey, to continue the 39 hearing on the Order to Show Cause to the April 15 meeting. If, on April 15 4o abatement proceedings are found to be necessary, the time that will. be given for 41 compliance will be 15 days plus 1. t 42 AYES: Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss 43 NOES: None. 44 ABSENT: Davis l~*l ~~ ~., 3, p, i ,.a ., d~ ~p~-. -.~ a .~~ ~, i ~:,y.;. Page 194, Vol. 26 ~ ~ April 1, 1991 , , 1 RESO.91-84 NCS 2 WEED ABATEIVIENT ORDERED 3 Resolution 91-84 NCS; :ordering abatement of nuisances. consisting; of weeds: ,growing 4 upon public and private property.; Fire Marshal Clyde Thomas ;answered the Council's 5 _ questions.. The hearing was opened. There.. was no one wishing to speak: and the 6 hearing was closed, Introduced by. Nancy Read, seconded by'Briari'Sobel. 7 AYES:Read, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss 8 NOES: None 9 ABSENT: Davis 10 ~WESTRI,D.GE' IV = T~IOIVIPSON CREEK' ' it The, Council .continued, to April 1`5, the agenda item titled: Westridge TV=Thompson 12 Creek - Independent Analysis Draft Report. 13 A. Evaluation of habitat enhancement is '. B. Hydraulic capacity. '. 15 LIAISON.REPORTS 16 Brian Sobel .noted the. 'Sonoma Gount~ Transit Authority is in the process of 17 _.negotiating the NWP RR acquisition. Cities wilhreceive ari .ecoriomic~ report on the 18 process soon. They .also recommend employment. bf~ a part "time executive director at 19 a cost to be shared. 20 ~ Vice. Mayor Cavanagh noted the Golden Gate Bridge District, will be conducting 21 public hearings later this month on revenue sources.' p 22 ADTO.URN At $:15 :m the meeting was adjourned to A" ril.6 at 9;00 a.m, a. >ucchesi, 23 Community Center for a goal setting meeting with staf ~~ `_~~2/l. -- 24 1VI. Patricia Hilligoss, Mayorl 25 ATTEST: 26 Patricia E'. Bernard, City Clerk.