PC 042308 - Laserfiche WebLink

Commissioner Pearce moved to approve the minutes of March 12, 2008, as amended. Commissioner Narum seconded the motion. ROLL CALL VOTE: AYES: Commissioners Blank, Fox, Narum, O'Connor, and Pearce. NOES: None. ABSTAIN: None. RECUSED: None. ABSENT: Commissioner Olson. The minutes of March 12, 2008, were approved as amended. b. Apri19, 2008. Ms. Decker advised that the minutes of Apri19, 2008 would be considered at the next meeting. She added that both audio recorders did not operate at the March 19, 2008 meeting, and that the minutes would be created from notes. 3. MEETING OPEN FOR ANY MEMBER OF THE AUDIENCE TO ADDRESS THE PLANNING COMMISSION ON ANY ITEM WHICH IS NOT ALREADY ON THE AGENDA. Sports Courts James Frost stated that he would like to provide afollow-up to his previous statements about sports courts. He noted that there had been tasks given to staff and was unsure whether any progress had been made since he had not seen anything come forward to the Planning Commission over the past several months since he was last before the Commission. He noted that he was involved in a legal action concerning sports courts. He noted that afive-week trial was held in Oakland and that they prevailed inasmuch as the defendant was found to be negligent for the acts that they committed. He stated that the use of the sports court was also found to be a nuisance. He added that they felt they had the expert evidence and the trial information and that he now had valid information stating that in the minds of the 12 jurors, a sports court opposite another person's property, specifically their house, was a nuisance that should be regulated. He stated that the City had the ability to do so, but chose not to act upon it at this time. He noted that the neighbor was enj oined from using the sports court, but has not acted to remove it. He stated that if the neighbor chose to use the court, causing noise exceeding the City noise ordinance, they were enjoined from doing so. He added that he would be able to call the police to come to the property, and write an order. He noted that at that point, they would be have to go back to court. He noted that this placed him in a predicament because the City did not regulate the use of sports court, but he had a court order enforcing his ability to come to the City. He stated that he could inform the City then that the court enj oined the neighbor from using the sports court in a way that exceeded the City's noise ordinance. He noted that the City was now involved in this issue, whether through the Planning Commission, Planning staff, or the Police Department. He emphasized that a judgment was in place and that he planned to move forward PLANNING COMMISSION MINUTES, April 23, 2008 Page 2 of 28