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HomeMy WebLinkAboutMinutes 06/19/197817 REGULAR MEETING ROLL CALL APPROVAL OF MINUTES PLEDGE OF ALLEGIANCE CONSENT CALENDAR Agenda Item #1 APPROVE CLAIMS A14D BILLS RES #8221 NCS Agenda Item #2 DECLARE CERTAIN CITY PROPERTY SURPLUS AND AUTHORIZE SALE RES #8222 NCS MINUTES OF MEETING OF CITY COUNCIL . PETALUMA, CALIFORNIA JUNE .19., 1978 The regular meeting of the Petaluma City Council was called to order'by Mayor Helen Putnam at 7:37 p.m. Present: Councilmen Balshaw, Bond, Cavanagh, Harberson, Hilligoss, Perry and Mayor Putnam. Absent: None. The minutes of the regular meeting of May 1.5, 1978 were approved as mailed. Nancy Read, a member of.the Petaluma Recreation, Music and Parks Commission, led the Pledge of Allegiance to the Flag. Motion was made by Vice -Mayor Perry, seconded by Councilman Harberson to adopt the resolutions on the Consent Calendar. Motion carried unanimously. Resolution No. 8221 N.C.S. approving claims and bills audited by the City auditor and approved for payment by the City Manager Nos. 5203 - 5328, inclusive, General City; and, Nos. 1005 -1007, inclusive, Water, was adopted. Resolution No.'8222 N.C.S. declaring certain property surplus and authorizing sale thereof was adopted. GRANT PERMISSION TO A letter dated June 5, 1978 addressed to the Council PETALUMA BOYS' CLUB by Matthew L. Hudson, President, Petaluma Boys' Club, FOR FIREWORKS STAND was read by the City Clerk and ordered filed. The RES #8223 NCS Boys' Club was seeking permission to encroach on City property in order to place a fireworks stand on "B" Street adjacent to the Great Petaluma Mill. The pro- posal would require encroachment on the City's sidewalk. Mr. Hudson stated the other possibility would be in the parking lot at the Great Petaluma Mill which was about 150 feet from the preferred location. After some discussion by the Council it was determined to grant the permit as long as the City was insured for any liability prior to the erection of the stand. Resolution No. 8223 N.C.S. granting permission to the Petaluma Boys' Club, Inc., to utilize certain public property for a fireworks stand was introduced by Vice -Mayor Perry, seconded by Councilman Bond and adopted by seven affirm- ative votes. NOTIFICATION OF FOUR COUNTY MEETING REGARDING ABAG ENVIRONMENTAL MANAGE - MENT PLAN A letter dated June 8, 1978 from Harold Moskowite, Supervisor, Fourth District, Napa County, was read by the City Clerk and ordered filed. The communication advised a meeting has been scheduled for Thursday, June 29, 1978 at 7:30 in the Napa County Board of Supervisors Chambers, 1113 First Street, Napa, for the purpose of discussing the ABAG Environmental Manage - ment Plan. Mayor Putnam asked the Council to indicate to the City Manager if they would be able to attend and asked the City Manager to inform Supervisor Moskowite of the attendance from Petaluma. 18 June 19, 1978 AMEND CODE TO Proposed ordinance to increase business license fees INCREASE BUSINESS was.discussed by the Council. Paragraph A - Setting LICENSE•FEES the.surcharge.was reviewed. MOTION to increase fees ORD #1307 NCS by 150% was defeated. MOTION to increase fees by 100% was unanimously approved... _ Paragraph B - Discussion was held regarding the annual increase to conform with the average.percentage increase-stated in the "Consumer Price Index for all Urban Consumers, San Francisco - Oakland, California ". Speaking in opposition to the increase was Mrs. JoAnn Pozzi, President, Petaluma Chamber of Commerce, and Mr. Paul Tamboury who stated he operates a home business. Brief discussion was held on those areas which are contributing to the Down -. town Parking Improvement District (AB- 103)., It was suggested the Council or the merchants may want to review the provisions of this ordinance to determine if it should be repealed. Ordinance No. 1307 N.C.S.. adding Section 6.04.310 to the Petaluma.Municipal Code to increase business.license fees was.introduced by Mayor Putnam, sec- onded by Councilman Harberson and ordered published by four affirmative, two negative and one absentee votes. PROPOSED ORDINANCE A brief discussion was held on the proposed.ordinance. TO IMPOSE.IMPACT Community'Development and Services Coordinator Frank FEES Gray explained the provisions of the ordinance. Council determined they did not want to act on the matter at this meeting and it was continued to June 20, 1978. AUTHORIZE CITY A letter dated June 15, 1978 addressed to the Mayor by MANAGER AND MAYOR Mr. Allan K. Chapman, Program Coordinator for the 911 TO EXECUTE FINAL Final Plan, was read by the City Manager and is on 911 EMERGENCY file with the City Clerk. The letter requested either TELEPHONE SYSTEM the signed forms for participation in the 911 Emergency PLAN Telephone Communications.System be returned by June RES #8224 ; 26, 1978 or an indication from the Council that they do not wish to participate.in the plan. At.a prior meeting Fire Chief Robert Sharps and Police Chief Robert Murphy had been asked by the Council to research whether or not the City of Petaluma could serve a public.safety answering point .for the southern portion of the county. Memorandum responding to the request by Chief Sharps to the City Manager dated June 7, 1978 submitted and filed. Memorandum from the Police Chief and Chief Sharps to the City Manager dated June 6, submitted filed. They had received a response from the California Highway Patrol which would negate any approval of the plan at the state level. The recommendation from Police Chief Robert Murphy,and Fire Chief Robert Sharps, therefore, was to recommend adoption of the resolution to participate in the county -wide 911 plan.. _ Resolution No. 8224 N.C.S. authorizing the City Manager and Mayor to execute the Sonoma.-County Final Emergency Telephone,= System Plan as recommended by the City /County District Task Force was introduced by Vice -Mayor Perry, seconded by Councilman Hilligoss and adopted by five affirmative and two negative votes. Councilmen Cavanagh and Harberson voted "no ". APPOINT LESTER "BUDD" Resolution No. 8225 N.C.S. appointing Lester "Budd" POPP PLANNING COMMIS- Popp to the Planning Commission commencing July 1, SIONER 1978 with term.to expire June 30, 1980 was introduced RES #8225 NCS by Councilman Harberson, seconded by Vice -Mayor Perry and adopted by seven affirmative votes. FINAL DRAFT ORDINANCE City Attorney Larry Klose advised the proposed ordi- TO REVISE REGULATIONS nance before the Council integrates the comments of GOVERNING SIGNS the Planning Commission and those minor changes made by the Council at the last review of the ordinance. June 19, 1978 FINAL.DRAFT*ORDINANCE The procedure would be"to refer the document to the TO REVISE REGULATIONS Planning Commission for their review of the minor GOVERNING SIGNS changes suggested by the City Council. If the Plan - (Continued) ning Commission takes no action the ordinance would then come back to the Council for introduction and adoption. Council directed the ordinance be referred to to- the Planning Commission. 1 RECESS Mayor-Putnam called a recess at 9:30 and the Council reconvened at 9:35. DISCUSSION REGARDING Community Development and Services Coordinator Frank PROPOSED RESIDENTIAL Gray advised the comments received from the Council DEVELOPMENT CONTROL would be incorporated into an ordinance to establish SYSTEM ORDINANCE the•program for controlled growth for the City. He stated the staff had and reviewed the impacts which could be anticipated in view of Constitutional Amendment No. XIIIa. Under the new Constitutional Amenditient each new resi- dential unit built would create a deficit of between $600 to $1200 per unit to maintain in services over what the unit would produce in taxes. If develop- ment is to continue, a decreasing level of service to the present residents of the City will occur. Until a detailed evaluation can be made Mr. Gray asked the Council to consider two resolutions for adoption. One would cease processing prezoning and accept- ance of applications for annexation for fiscal year•1978 -79. The other would suspend allotments under the Residential Development Control System for the 1979 -80 construction year. If no new annexations or allotments are to be made the ordinance establishing the new Residential Development Control System would serve no productive purpose and the staff would spend no additional time on its preparation and administration. After discussion by the Council it was determined those persons who would be most interested should be notified and the matter discussed at the June 26, 1978 Council session. AMEND MUNICIPAL CODE TO MAKE VIOLATIONS INFRACTIONS WHICH WERE FORMERLY MISDE14EANORS ORD #1304 NCS (SECOND READING) Ordinance No. 1304 N.C.S. amending various sections of the Petaluma Municipal. Code'to make violations thereof, with certain exceptions, infractions which were formerly misdemeanors and-to provide -for forfeiture of bail in lieu of court appearances for certain circumstances was adopted by seven affirmative votes. Effective date of ordinance•July 19, 1978. AMEND MUNICIPAL CODE The City Clerk read the title of the ordinance which REGULATING USE OF would - prohibit the •.consumption of any intoxicating ALCOHOLIC BEVERAGES beverage in any public place or park in the City. IN PUBLIC PLACES Councilman Bond,-who had introduced the ordinance at ORD #1306 NCS the June 12, 1978 Council meeting, stated he hoped the (SECOND READING) discussion at this meeting would address what is best DEFEATED for the public places in the communi -ty. He.did not feel the morality of an individual's right to .consume alcohol in•their home or in..an establishment licensed for that purpose was at issue. Councilman Harberson indicated he was opposed to the ordinance as he felt government has to be very careful when it intrudes upon the private lives of its citizens. Councilman Hilligoss reviewed the recommendation of the Rec- reation, Music and Parks - Commission which advocated permission be allowed for the consumption of alcoholic beverages: public parks from 10:00 a.m. to 6:00 p.m. only. The Chairman of the Recreation Commission, Dan Phillips, stated it was the feeling of the Commission there are a few who are causing trouble and the Commission felt the solution to the-problem-would be to allow the Police Department to handle these people. i�k 2 O June 19, 1978 AMEND MUNICIPAL CODE REGULATING USE OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ORD #1306 NCS (SECOND READING) DEFEATED (Continued) Mr.. Lou Rasmussen, speaking as an individual and as a member of the Adobe Lions Club, opposed the ordinance as the club schedules activities to raise funds for .community services each year and the beer concession is their best money maker., Mr. Robert Lipski voiced his. opposition to the ordinance and suggested the use of beer and wine be permitted between 10:00 a.m. and sunset. Mr..Robert Tellander stated he and his neighbors had discussed the matter. They felt the problem was so much with alcohol but the fact that a small group of teenagers have been causing a disturbance. He stated he felt government has the power to "squelch" nuisances. Mr. Doug Robinson, representing.the Kiwanis.Club, opposed the ordinance. The Kiwanis Club, supports the Petaluma Soccer League and some of the funds-are derived from a chicken barbeque where beer,is sold. Mr. Robinson stated they had appeared before the Recreation Commission and,felt the recommendation of the Commission that the use of alcohol be allowed between 10:00 a.m. and 6:00 p.m..was a satisfactory solution to the problem. Mayor Putnam asked Police Chief .Murphy_ to comment.. ,Chief Murphy stated, regardless of the legislation adopted by the Council, the Police Department would respond as best they could to try to satisfy the complaints. Chief Murphy was asked if the situation has improved and he indicated there has been some improvement and fewer complaints raised by the neighbors in_the area. Mr. Budd.Popp stated he lives across the street from.McNear.Park and, in his opinion, there has been a marked improvement. Mr. George Gionachini indicated he felt the,.problem was caused.by a very few who were trying to make it miserable for everyone. He did not feel people should be deprived the use of the parks. Mr..Gionachini stated he has a cattle ranch and has the same problem with bottles and cans and people cutting his fences. No further comments were received from the audience. The advised she had received a petition with 43 signatures opposing the ordinance. The petition is on file in the Clerk's Office. Councilman Bond stated he was prepared.to.vote for the ordinance as it was introduced. He also advised his - judgment was not reached on religious grounds but he honestly felt banning.alcohol in parks is in the best interest Petaluma. He stated he.appreciated the views given at - this meeting and would respect them. If it-is the.feeling of the citizenry to allow alcohol he. would accept it; however, he,also asked that,his views be accepted. Ordinance No. 1306 N.C.S. amending Section 10.20.010 of the Petaluma Municipal Code, regulating the use of alcoholic beverages in public places (complete prohibition):.was DEFEATED by one affirmative and six negative votes. - INTRODUCE ORDINANCE Ordinance No. 1308 N.C.S. amending Section 10.20.010 REGULATING USE OF . of the Petaluma Municipal Code, regulating the use of ALCOHOLIC BEVERAGES alcoholic beverages. in public places (permit.beer, IN'PUBLIC PLACES malt liquor and wine between 10:00 a.m. and sunset of ORD- #1308'NCS any day) was.introduced by Councilman Harberson, seconded by Councilman Hilligoss and ordered published by six affirmative and one negative votes. Councilman Bond voted "no APPROVE.CLAIM FOR City:Attorney.Larry..Klose referred to a_letter which PROPERTY-DAMAGE he had prepared May 17, 1978 rejecting the claim of JACK & PAT LOOMIS the Loomis' and his reasons therefor. A copy of the RES- #8226-NCS letter is on file.with the City Clerk. Mr..Klose indicated the Loomis' should have followed the pro- cedure to first notify the City to determine,whether or not the problem was within the City sewer system. They had instead called a private firm and incurred the expenses which may have been taken care of by J 1 the City. June 19 1978 APPROVE CLAIM FOR PROPERTY DAMAGE JACK &.PAT LOOMIS RES. #8226 NCS (Continued) Mr. Jack Loomis thanked the Council for rescheduling the matter, at this time.. When the problem occurred at their residence they did not know.:the proper..pr.ocedure to follow. There have.been some reoccurring problems on "G". Street but because of the length of their line they felt the problem might have been in their own system. Their residence is located at 507 Eighth Street. The total amount of the claim submitted by the Loomis' was $119. During the course of the discussion City Manager-Robert Meyer stated generally the sewer de- rooting companies ask their customers if they had contacted the City first. In this case, the company did not ask the Loomis'. Council requested the staff to'advise the various companies to ask their customers to contact the City first. Resolution No. 8226 N.C.S. approving claim of Jack,and.Pat Loomis, 507 Eighth Street, in the amount of $119 was introduced by Councilman Bond, seconded,by Councilman Cavanagh and adopted by six affirmative and.one.negative votes. Councilman Harberson voted "no ". City Attorney Larry Klose advised the ap- proval of the claim would be expressly conditioned upon the execution of a release of all claims by the parties in a form.approved by the City Attorney prior to payment. PROGRESS.REPORT A memorandum.,dated June. 9,.1978 directed to the City RESIDENTIAL UNITS Manager by Fred Tarr, Community Development Planner, APPROVED THROUGH was.reviewed by the City Council. Comment was made on DEVELOPMENT CONTROL the fact the 20 multi - family off Cherry Street awarded SYSTEM to Milt Forman and the 82 multi- family units on Keokuk Street awarded to Walt Williams.for the 1978 -79 con - .struction year have.not.as, yet had any.action taken on the allotments. Councilman Cavanagh commented it was his understanding a new developer would be contact- ing the City regarding these projects. Planning Director Ronald Hall advised he had been contacted but there has been no official action taken at this time. Action will be pending on these allotments. Community Development and Services Coordinator Frank Gray advised there is a new developer for this area they would have to apply for a transfer of the allotments. Community Development and Services Coordinator Frank Gray stated as a part of the review which had been requested by the Council, a graphic presentation of the revised development schedule submitted by Qantas Development Corporation as requested by the Council when..consideration was being taken for rescission of 199 multi- family units had been prepared. There was discussion on the development schedule which the Council had requested Mr. Joslyn to submit for Park Place Subdivision. Mr. Gray indicated the letter submitted by Mr. Joslyn dated May 16, 1978 did not include specific dates. Mr. Joslyn had again been requested by the Planning Director to submit a letter which included dates. The letter received by the City dated May 31, is the basis for the graph presented to the Council. Mr. Gray indicated the graphic chart was the easiest way to show a very complex development schedule. There are four different developments defined on the chart. Mr. Joslyn indicated they have experienced many delays in the project includ- ing the location of the hospital and the length of time it required for the EIR. He also questioned whether the Council adopts each development schedule. Mr. Gray advised when a development schedule is substantially changed it has to be approved by the City Council. He also stated the schedule which the City now has appears to be logical. The units have been awarded and he rec- ,ommended adoption by the Council. Upon a MOTION by Councilman Balshaw, which was seconded by Vice -Mayor Perry the Council approved the development schedule by a majority vote with Council- man Harberson abstaining and Councilman Hilligoss voting "no ". Mr. Gray further advised if the schedule is not met it would be necessary for the Council to again review the matter and give their approval for a new develop- ment schedule. MOTION TO ADD A motion was made by Vice -Mayor Perry, seconded by ITEM TO AGENDA Councilman Bond to add discussion regarding a com- plaint by Mrs. Ben Braga of 330 Walnut Street re- garding an alleged violation -- day care use at 326 Walnut Street. Request for discussion of the matter had been made by Councilman Cavanagh. The cor- respondence regarding the matter was reviewed by Councilman Cavanagh. 2 -4 June 19, 1978 COMPLAINT - MRS. BEN City Attorney Larry Klose stated the staff has been BRAGA RE: 326 WALNUT working on the problem, however; the difficulty arises STREET ALLEGED - DAY because a determination cannot be made whether a CARE USE violation exists or not. Mrs. Hudson, the resident at 326 Walnut Street, has advised the Planning Director she has a person sit for her two children on occasion on a "babysit trade arrangement ". Mr. Klose indicated if no money changes hands there is no violation of the He further advised as soon as the matter is resolved the staff will take final action. Mrs. Braga appeared before the Council. She advised she has contacted the Social Service Department to determine if the Hudsons were licensed and has been advised they are not. Also present supporting Mrs. Braga in her com- plaint was Mrs. Peter Matzen and Alice Grey. Mrs. Braga indicated the chil- dren are unruly and are not under the supervision of an adult. The neighbors in the area have expressed concern because the children play in the neighbor's driveways and .they are fearful of an accident. City Attorney indicated he felt the neighbors should contact the Police Department as it appears there may be a problem in the nature of disturbing the peace. He'also stated, in his opinion, he does not have enough evidence to prosecute as it has not been established the Hudsons are operating a commercial day -care center.. The type of activity,.i.e., the babysit trade arrangement, is not presently regulated in the Zoning Ordinance. Mr. Klose stated if it was the direction of the Council, legislation could probably be adopted to control the activity. He also stated there is insufficient evidence for him to obtain a search warrant to determine if the home is being used for commercial purposes. Mrs. Braga was asked if she had ever called the police to try to resolve the matter. Neither Mrs. Braga or her neighbors have called the police but have only contacted social services. The matter was not resolved at this meeting.' Staff was directed by the Mayor to continue to monitor the problem and explore what other cities do in such a situation. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12:25 a.m., Tuesday, June 20, 1978 to 8:00 a.m. Tuesday, June 20, 1978. Mayor �Attt�est- Ci y Clerk