HomeMy WebLinkAboutMinutes 07/03/197831
MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
JULY-3, 1978
REGULAR MEETING The Regular Meeting of the Petaluma City Council was
called to order by Mayor Helen Putnam at 7:40 p.m.
ROLL CALL Present: Councilmen Bond *, Cavanagh, Harberson,
Hilligoss, Perry, and Mayor Putnam.
Absent: Councilman Balshaw.
*Councilman Bond arrived at 7:55 p.m.
INVOCATION Reverend Kenneth Sanders of the Church of the Open
Door gave the Invocation.
Prior to the Pledge of Allegiance to the Flag, Mayor Putnam commented that the
City of Petaluma is beginning a new fiscal year. It will also be a new.era in
ways of financing our Government, in decisions of how much or how little govern-
ment is needed or wanted, and what services government will or should provide.
Mayor Putnam also commemorated the 202nd Anniversary of the Declaration of the
Nation's Independence.
PLEDGE OF ALLEGIANCE
Scout Roger Creyssels, Troup 2, led the Pledge of
Allegiance to the Flag.
COUNCIL REORGANIZATION Nominations were opened for the selection of the Vice -
President of the City Council (Vice - Mayor). Councilman
Harberson nominated Councilman M. Patricia Hilligoss. Nomination was seconded
by Councilman Cavanagh. Councilman Cavanagh moved the nominations be closed.
Councilman Hilligoss was elected Vice - President of the City Council by 5
affirmative and 2 absentee votes. Note: Councilman Bond had not yet arrived
when Roll Call was taken.
APPOINT M. PATRICIA
HILLIGOSS VICE -
PRESIDENT, CITY
COUNCIL
RES #8235 NCS
APPROVAL OF MINUTES
CONSENT CALENDAR
Resolution #8235 N.C.S. appointing M. Patricia Hilligoss
Vice - President of the Petaluma City Council to June
30, 1979, was adopted.
The minutes of the Adjourned Meeting of June 12, 1978,
were approved as mailed.
At the request of Councilman Harberson, Agenda Item #7
on the Consent Calendar was.removed.
A motion was made by Councilman Cavanagh, seconded by Councilman Perry, to
adopt the resolutions on the Consent Calendar, Items #1 through #6, and intro-
duce the ordinance, Item #8. Motion carried unanimously.
Agenda Item #1
AMEND PERSONNEL
RULES & REGULATIONS
RE HOLIDAYS
RES #8236 NCS
Agenda Item #2
ESTABLISH FIXED -DATE
HOLIDAYS, 1978 -79
RES #8237 NCS
Agenda Item #3
APPROVE CLAIMS
AND BILLS
RES #8238 NCS
Resolution #8236 N.C.S. amending Resolution #4637
N.C.S. as amended "Personnel Rules and Regulations ",
by amending Rule XI, Section 7, and deleting Rule XI,
Section 8, was adopted.
Resolution #8237 N.C.S. establishing fixed -date holi-
days for fiscal year 1978 -79, was adopted.
Resolution #8238 N.C.S. approving claims and bills
audited by City Auditor, and approved for payment by
City Manager, was adopted.
July 3, 1978
Agenda Item 44 Resolution #8239 N.C.S. authorizing the Mayor to sign
AUTHORIZE MAYOR TO a Joint. Use Agreement and a Common Use Agreement with
SIGN P.G.& E. Pacific Gas and Electric Company for their facilities
AGREEMENTS on North McDowell Blvd. Extension, was adopted.
RES #8239 NCS
Agenda Item #5 Resolution #8240 N.C.S. consenting to Sidewalk Sales,
APPROVE SIDEWALK July 28 and 29, 1978, to be held by the Downtown
SALES - -JULY 28 & 29 Merchants' Association, was adopted.
RES #8240 NCS
Agenda Item #6
APPROVE CERTIFICATE
OF COMPLIANCE - -400
TO 406, & 408 TO
418 KELLER STREET
RES #8241 NCS
Agenda Item #8
AMEND CODE -- SECTION
11.04.080 RE
HOLIDAYS
ORD #1312 NCS
Resolution #8241 N.C.S. approving Certificate of Com-
pliance for 400 -406 Keller Street and 408 -418 Keller
Street (A.P. Nos. 06- 158 -12 and 06- 158 -09, respectively),
was adopted.
Ordinance #1312 N.C.S. amending Section 11.04.080 of
the Petaluma Municipal Code to revise the definitions
of holidays contained therein,.was introduced and
ordered posted.
** ** ** ** ** **
CERTIFY E.I.R. -- Associate Planner Wayne Rasmussen gave a brief summary
7- ELEVEN STORE regarding the proposed project to located at 201
201 S. McDOWELL BLVD. South McDowell Blvd. A focus E.I.R. has been prepared,
RES #8242 NCS at the request of the Planning Commission, by Del
Davis and Associates. The Planning staff recommended
the certification of the E.I.R. to the Planning Commission. The Planning
Commission, at its meeting of May 16, 1978, reviewed the E.I.R. and recom-
mended the Council certify the document.
At the meeting of the Planning Commission, Councilman Balshaw, the Council's
representative on the Commission, asked for-additional data to be,prepared and
presented by the Consultant. The Consultant, Del Davis, was present.and.
indicated Councilman Balshaw had asked a chart of some of the movements on the
site be-shown. The Consultant responded to this request and they are given on
Page 22. .Mr-. Davis asked the Council to correct their documents by• adding the
figures he presented. The figures were incorporated into the City Clerk's
document, which is on file.
The traffic movements and patterns were reviewed by the City Council. The
question was asked what the difference in the number of trips would be if the
proposed development is permitted as opposed to those of a service station,
which had formerly been located at the site. Mr. Davis indicated the predic-
tion is the 7- Eleven Store, with the additional rental unit, would average
approximately 1,300 trips per day.and a service station would generate about
500 trips per day. The question was raised whether the Use Permit for the
service station.has.been kept up -to -date. Councilman Harberson requested that
the document be.appended to show the actual date of the closing of the service
station, when the six months on the Use Permit had expired, and to what date
the one -year extension would continue.
Some questions arose as to whether or not the Council could certify the E.I.R.
in view of the request by Councilman Harberson to have the document amended.
City Attorney Larry Klose advised it could be a. conditional certification,
with the proviso that the matter be addressed by the Consultant.
Resolution. #8242 N.C.S. certifying (conditionally) the Environmental Impact
Report for the proposed 7- Eleven Market to be located at 201.South McDowell
Blvd., was introduced by Councilman Harberson, seconded by Councilman Bond,
and adopted by 5 affirmative, 1 negative, and 1 absentee votes. Councilman
Perry voted "no ".
LETTER FROM C. LEONARD
CRAIN RE DRAINAGE
DAMAGE AT 543 CHERRY
STREET
A letter dated
Council by Mr.
Rancho Way, wa
filed.
June 22, 1978, addressed to the City
C. Leonard Crain, whose address is 740
read by the City Clerk and ordered
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July 3, 1978
LETTER FROM C. LEONARD A brief discussion followed. City Engineer David
CRAIN RE DRAINAGE
Young stated he would
like to have the
opportunity to
DAMAGE AT 543 CHERRY
confer with the Sonoma
County Water Agency
on the
STREET
matter, and stated it
probably will be
a Zone 2A
(Continued)
project if some remedy
is required. He
also stated
the normal development
in the area has
caused addi-
tional runoff, and he would like to assess the
situation since
last winter's
rains were quite heavy.
The Council concurred and referred the problem to the City Engineer and the
Sonoma County Water Agency.
COMPLAINT RE TRUCKS
PARKED AT 800
PACIFIC AVENUE
A letter dated June 18, 1978, addressed to the Mayor
and City Council, and signed by 73 residents of the
Pacific Avenue and Lombardi Avenue area, was read by
the City Clerk and ordered filed.
The petitioners, Mr. and Mrs. Grant Garl, 1321 Pacific Avenue, were present in
the'Council Chambers. Mayor Putnam referred to a memorandum from Police Chief
Robert Murphy regarding the situation and asked if he had any comments. Chief
Murphy indicated they had received communication early in June and checked the
condition and started a process of complaint through the City Attorney's
office. The petition - was then received and the Police Department took a
different approach. They have cited the owner- operator on two different
occasions and will "continue to do so each'time the violation is noticed.
It was also discussed that the owner - operator of-the truck may be doing busi-
ness from his home. In that event, he would be violating the Business License
Ordinance.
Mr. Garl spoke briefly to the Council and stated he was pleased to learn there
is an ordinance already in effect which will address the matter. Mr. Garl
stated, in addition to being unsightly, the noise the trucks create early in
the morning is objectionable'to'the neighbors. Mr. Garl asked if it was
possible for'the trucks''to'be confiscated. City Attorney Larry Klose stated
he would prefer to cite the owner - operator on one or two occasions, and if
that does not work, then take more extensive action and request an injunction
from the Courts. "
The City Attorney was asked what the cost -of the citation was, and his response
was the maximum for the first offense is $250, and each time thereafter increases
to $500.
Mr. Ray Handiside supported Mr. Garl in his complaint. He indicated this is
not just the problem of two offended citizens. He has talked to a number of
people in the area who are bothered by the problem of somebody running a truck
business in a residential neighborhood.
City Attorney Larry Klose stated the case would go to trial July 18, 1978.
REPORT FROM DOWNTOWN A letter-dated-June-30, 19-78, addressed to the City
MERCHANTS' PARKING Council by Fred Mattei, was read by the City Clerk and
COMMITTEE ordered filed.
The letter contained three suggestions by the Downtown Merchants' Committee on
the meter - fine, bail and hours; - 1) that-the parking fine and bail be
the same amount, but as low as possible; 2) the Committee recommends meters
should all be hours, except the 14- minute and 10 -hour zones; 3)" they
recommend adjustments to be made in the cost of meter parking in order for it
to cover the cost of the operation and provide some surplus to help finance
more off - street parking.
City Manager Robert Meyer suggested Items 2 and 3 be referred to the staff to
calculate the cost figures. City Attorney Larry Klose stated he could draft
an ordinance to suggest a minimum fine which would allow some flexibility
rather than assigning a fine of an absolute $3.00.
Some discussion was held regarding Judge William Bettinelli's presentation
given to the Council at a previous meeting wherein he stated it costs $1.62 to
process each citation. It was pointed out during the course of the discussion,
of this $1.62 figure, the County receives only $.24 and therefore does not
recover their cost for processing meter fines.
sm
LIM
4 .4 July 3, 1978
REPORT FROM:DOWNTOWN City Attorney Larry Klose.suggested that he prepare
MERCHANTS' PARKING the ordinance for the meeting of July 17, 1978. The
COMMITTEE amount could be left blank and the Council could fill
(Continued) in the number at that meeting. No action was taken on
the matter.
DISCUSSION REGARDING Marion Ordway, a merchant in the Downtown area, and a
PARKING & BUSINESS member of the 103 Committee, stated she was speaking
IMPROVEMENT in the absence of Clark Thompson, the Chairman of the
ASSESSMENTS AB 103 Committee.
(AB 103 )
Mrs. Ordway read a statement prepared by Mr. Thompson.
Mr. Thompson stated at a Special Meeting of the AB 103 Committee, it was the
consensus not to make any decision regarding AB 103 funds at this time as it
relates to the doubling of the business license. The three alternatives were:
1) divide the formula whereby the 103 funds will remain approximately the'
same; 2) let the 103 fees increase along with the doubling of the business
licenses and earmark these funds for specified programs; and, 3) dissolve the
AB 103 Committee. The Committee also asked that no action be taken until
October 1, 1978.
ADOPT SCHEDULE FOR Finance Director John Scharer advised the resolution
PERMIT FEES AND BLDG. prepared for the Council would adopt a new schedule
EVALUATION DATA for computing permit fees and building evaluation
RES #8243 NCS data, which would reflect an approximate six percent
increase in the evaluation level. He asked the Council's
permission to withhold any-decision-on increasing fees for Site Design Review
until some study has been made into streamlining the project to determine if
an increase in fees is necessary.
With relation to the two percent improvement fee, which is the fee the developer
pays upon submission of public improvement plans,.staff has reviewed this fee
and found that on an average, it covers itself fairly well. The fee covers
the public improvements inspection of the construction, the engineering time,
and any outside consultant time for plan checking, soils testing,, and whatever
is necessary as construction occurs in a subdivision.
JoAnn Pozzi, President of the Chamber of Commerce, asked if it would be possible
for the staff to determine what the actual cost of all the permits and fees
for a residential unit construction in the City would be. Mr. Scharer stated
staff would calculate the totals and advise her. She also asked that, in
addition to the Site Design Review fees, other fees and permits be reviewed by
the staff in order to determine if they could be lowered, in order to keep the
residential costs as low as possible.
Councilman Cavanagh indicated he was not satisfied with all of the fees and
that is his reason for casting a negative vote on the resolution.
Resolution #8243 N.C.S. adopting a schedule for computing permit fees and
building evaluation data, was introduced by Councilman Perry, seconded by
Councilman Bond, and adopted by 5 affirmative, 1 negative, and 1 absentee
votes.
CALTRANS COMMUTER Finance Director John Scharer stated the Council had
PARKING previously discussed commuter parking at the location
of the intersection of Highway 116 and the approach to
101 Freeway. .It was felt., at that time, the City could get funding in the
amount of one -third from the Golden Highway and Transportation District and
one -third from the County of Sonoma, with Petaluma contributing the remaining
third. The City is in receipt of a letter from the Golden Gate Highway and
Transportation District, dated June 9, 1978, stating they could hot financially
participate, but they continue to endorse.and promote the concept of fringe
parking facilities for park- and -pool, and park- and -ride programs.
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Councilman Harberson pointed out commuters are parking at the site of the
vacant ARCO Station on Perry Lane. The Council took no action on the matter.
July 3, 1978
STATUS OF PROJECTS
MASTER E.I.R.
AIRPORT STUDY
NORTH McDOWELL
IMPROVEMENT PROJECT
"B" ST. SEWER PROJECT
EAST WASHINGTON STREET
RIGHT -OF -WAY
The City Manager reported the first draft of the
report should be to the Council by mid - August.
The report was supposed to have been to the Council at
the beginning of the month. It has not been received.
The project is on schedule.
The City Engineer will be holding a construction
meeting with Ghilotti Bros. Mr. Meyer pointed out the
contractor was supposed to start work within 15 days
of receiving notice. The City Clerk, henceforth, will
advise contractors they have the 15 -day period to
start work on any project.
Councilman Cavanagh asked the status of this project.
The City Attorney advised the City has authorized
CALTRANS to commence action. The appraisals have been
received. CALTRANS has been authorized to begin the
next step in the process.
PETALUMA REFUSE City Manager Robert Meyer indicated a letter had been
DISPOSAL received from the Petaluma Refuse Disposal Company.
They are making a proposal to the County of Sonoma to
operate the County-Dump Site under private enterprise.
MAYORS' & COUNCILMEN'S Mt. Meyer advised the'nex -t meeting of the Mayors' and
ASSOCIATION MEETING Councilmen's Association would be held in Cloverdale,
on July 13.
CABLE TELEVISION
City Manager Robert advised Channel 32 will be
carried on former Channel-3 in the Cabievision Service.
When Channel 32 is not transmitting, Channel 3 will be
available to Petaluma customers.
PRIVATE AMBULANCE The City Manager advised the Brown Ambulance Company
SERVICE is interested in negotiating with the City for ambulance
service.- Mr. Meyer stated the Council has reviewed
the matter on numerous occasions and asked they give serious thought before
the staff gets involved again in studies. The staff has been involved many
times and it has required a lot of time. Unless the Council is serious in
changing policy, the staff would not devote additional time to the matter.
PROGRAM OF SERVICE Mr. Meyer stated over a period of time, meetings would
be scheduled to discuss the three -year Program of
Service. A policy decision would have to be made by the Council of the pro -
grams which would be cut and those to remain. The review of the Program of
Service would be held over the next five months.
REDWOOD EMPIRE The City Manager reminded the Council the Redwood
DIVISION MEETING Empire Division Meeting would be held in Eureka, July
22 and 23.
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RECESS Mayor Putnam called a recess at 9:45 p.m., and the
Council reconvened at 9:55 p.m.
July 3, 1978
REAPPOINT DONALD E. Resolution #8244 N.C.S. reappointing Donald E. Waite
WAITE -- PLANNING to the Planning Commission, with term to expire June
COMMISSIONER 30,, 1982, was introduced by Councilman Bond, seconded
RES #8244 NCS by Councilman Cavanagh, and adopted by 6 affirmative
and 1 absentee votes.
REAPPOINT .LAWRENCE . Resolution #8245. N.C.S. reappointing Lawrence Tencer
TENCER -- PLANNING to .the.Planning Commission, with term to expire June
COMMISSIONER 30, 1982, was introduced by Councilman Bond, seconded
RES #8245 NCS by Councilman Cavanagh, and adopted by 6 affirmative
and 1 absentee votes.
REAPPOINT WALTER
Resolution #8246 N.C.S. reappointing Walter Maus to
MAUS - -BOARD OF
the.Board.of Building Review and Board of Appeals,
BUILDING REVIEW
with term.to expire June 30, 1982, was introduced by
RES #8246.NCS
Councilman Harberson, seconded by Councilman Hilligoss,
and adopted by 6 affirmative and 1 absentee votes.
APPROVE MODIFICATION
Planning Commission Resolution No. 12 -78, adopted June
TO SUBDIVISION ORD.,
20, 1978, submitted and filed; Planning staff report
PETALUMA.VILLAS SUBD.
dated,June.16,, 1978, submitted.and filed....
RES #8247 NCS
Associate.Planner Wayne Rasmussen reviewed the staff
report Mr. Rasmussen
explained the.modification to the Subdivision Ordinance
is necessary in order
to reduce the area of Lot No. 15 from 6,500 square feet
to 5,180 square feet.
The M.L.S. Development Corporation is endeavoring to
acquire additional land
to add to this lot prior to the final map stage. The
staff recommends the.modification.
Resolution #8247 N.C.S. granting certain.modifications to the requirements
imposed by.the.Subdivision Ordinance.of this City,.relating to property known
as Lot 15 on the proposed subdivision of Lands of M.L.S. Development Corpora-
tion, Petaluma Villas Subdivision, was introduced by Councilman Perry, seconded
by Councilman Harberson, and adopted by 6 affirmative and absentee votes.
TENTATIVE SUBDIVISION
MAP -- PETALUMA VILLAS
GTTRTITVT:¢TOTT
RES #8248 NCS
Excerpts of the Planning Commission Meeting of June
20 1978, submitted and filed; Planning Commission
Resolution No. 11- 78,.with 10 conditions approved by
the Planning Commission June 20, 1978, submitted and
filed; Planning staff report, June 16, 1978, submitted
and filed.
Associate Planner Wayne Rasmussen reviewed the staff report and advised the
development will have 28 single- family residences,.with an overall density of
3.4 units per acre. An eight. -foot high masonry wall will be constructed
adjacent.to the freeway. The development has received allocation for 28 units
for. the .1978 -7.9 construction year. No two -story homes will be built abutting
the freeway.
Resolution #8248 N.C.S. approving Tentative Subdivision Map of Petaluma Villas
Subdivision, was introduced by Vice -Mayor Hilligoss, seconded by Councilman
Bond, and adopted by 6 affirmative and 1 absentee votes.
SET APPEAL HEARING
JULY 19, 1978
QANTAS DEV. CORP.
This item had been removed from the Consent Calendar
at the request of Councilman Harberson.
RES #8249 NCS Resolution 48249 N.C.S. setting public hearing on the
appeal of Qantas Development Corporation, to the
decision of the City Engineer.,.regarding certification of complete application
for a portion of Park Place Subdivision #2, was introduced by Vice -Mayor
Hilligoss, seconded by Councilman Perry, and adopted by 5 affirmative and 1
absentee votes. Councilman Harberson abstained from voting.
DISCUSSION REGARDING The matter. had been.placed•on the Agenda at the request
RENT CONTROL of Mayor Putnam. The Mayor indicated since the City
is in the process of implementing Proposition 13, she
felt the matter of rent, not necessarily rent control, should be placed on the
Agenda in order for the public to be aware the City has not excluded their
concern for equity.
1
LJ
July 3, 1978
DISCUSSION REGARDING A report prepared by the City Attorney dated June 29,
RENT CONTROL 1978, submitted and filed. The City Attorney advised
;('Continued) a rent control system is permissible under current
California law, but a regulatory board and staff would
be necessary to implement such a measure.
In the discussion which followed, it was the consensus of the Council not to
implement such a measure at this time. No action was taken.
DISCUSSION RE BALLOT
ADVISORY MEASURE
Mayor Putnam stated, some years ago, the City had an
advisory measure on the Ballot to determine whether or
not there should be a growth management program for
the City of Petaluma. The City is now preparing a new management plan and she
indicated, although she was not specifically proposing the item be placed on
the November Ballot, she merely wanted to get the Council's feeling.
Councilman Harberson indicated he felt a local issue on a general election
more or less gets lost in the shuffle, and he would be opposed to placing any
type of measure on the ballot. No action was taken on the matter.
AMEND MUNICIPAL CODE Ordinance #1308 N.C.S. amending Section 10.20.010 of
REGULATE USE OF the Petaluma Municipal Code, regulating the use of
ALCOHOLIC BEVERAGES alcoholic beverages in public places, was adopted by 4
IN PUBLIC PLACES affirmative, 2 negative, and 1 absentee votes.
ORD 41308 NCS Councilmen Bond and Perry voted "no ".
(SECOND READING)
AMEND BUSINESS Finance Director John Scharer stated when the Council
LICENSE ORDINANCE adopted the Business License Ordinance, which in-
ORD #1313 NCS creased the fees by 100 percent, it contained a clause
(EMERGENCY MEASURE) providing for escalation of fees according to the
Consumer Price Index. At that time, the Council and
staff promised the Downtown.' - Merchants' Association and the Chamber of Commerce
to bring the ordinance back and modify the section which would require the
escalation of fees. The ordinance prepared by the City Attorney repeals
Section B of the previous ordinance, and only provides for the 100 percent
surcharge to be added to the specified fee," or portion thereof.
Ordinance 413.13 N.C.S. amending Section 6.04.310 of the Petaluma Municipal
Code to repeal Subsections B and C thereof, and making conforming amendments
thereto, was introduced by Councilman Bond, seconded by Councilman Cavanagh,
and adopted by 6 affirmative and 1 absentee votes. Effective date of ordi-
nance, July 3, 1978.
MOTION TO ADD
ITEM TO AGENDA
A motion was made by Councilman Harberson, seconded by
Vice -Mayor Hilligoss, to add resolution regarding
"Ringing of the Bells" to the Agenda. Motion carried
unanimously.
RINGING OF THE BELLS Resolution #8250 N.C.S. approving proclamation issued
RES #8250 NCS by Mayor regarding "Ringing of the Bells ", and asking
for citizens to comply July 4, 1978, at 11:00 a.m.,
was introduced by Councilman Harberson, seconded by Vice -Mayor Hilligoss, and
adopted by 6 affirmative and 1 absentee votes.
ADJOURNMENT There being no further business to come before the
Council, the meeting was adjourned at 10:45 p.m., to
an Executive Session on July 10, 1978, at 4:00 p.m.
Mayor
Attest:
1ty Clerk
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