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Home My WebLink AboutCity Council Minutes 04/04/1977MINUTES OF MEETING, OF CITY COUNCIL PETALUMA, CALIFORNIA APRIL :4, 1977 REGULAR MEETING The regular meeting of the Petaluma City Council was. called to or.der'by Mayor Helen Putnam at the hour of 7:36 p. =m. ROLL CALL Present: Councilmen Brunner., Cavanagh, Hilligoss, Mattei, Perry, and Mayor Putnam. Absent: Councilman Harher.s;on.. INVOCATION The Reverend Ray Vinson, First Church of God, gave the Invocation. PLEDGE OF ALLEGIANCE Mayor Putnam led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes,o`f March 7, 1977, were approved as mailed. The minutes of March 14,,1977, were approved as mailed. CONSENT CALENDAR A motion was made by Councilman Mattei,.seconded by Councilman Perry, to file: the ABC Application and the resolutions on the Consent" Calendar. Motion carried unanimously.' ?0 Agenda Item #1 ABC Application, Starnes Food Store, 500 Petaluma Blvd. ["'"�� ABC APPLICATION -- South, person -to- person transfer, off sale beer and r STARN ES FOOD STORE wine, was approved. 500 PETALUMA BLVD.: SOUTH. Agenda _Item #5 Resolution calling for bids April 13, 1977, to remove CALL FOR BIDS - -WEED weeds heretofore declared to constitute a nuisance F �� ABATEMENT PROGRAM within 'the City of Petaluma was adopted. 1976 -77 _ RES #7717 NCS �� Agenda Item V6 APPROVE SALARY- - CITY FINANCE OFFICER RES #7718 NCS Resolution approving salary for City Finance Officer was adopted. F3 r 7 4:x :c�c xx �ti� �cx kk CERTIFY EIR-- McDOWELL A notice of public hearing regarding the Environmental F690 INVESTMENT ASSOCIATES Impact Report, filed with the Planning,Department of � RES #7719 NCS the City of Petaluma,.had'be:en : duly published in the Petaluma Argus Courier, March 23 %, 1977. Staff report from the Planning Department to the Planning Commission dated January 26, 1977, regarding the evaluation of the proposed planned unit district rezoning for McDowell Investment Associates.and the draft Environmental Impact Report, submitted and filed; Planning Commission Minutes; of February 1, 1977, regarding Agenda Item #2 Resolution.autherizing the:Mayor to sign an agreement F AUTHORIZE AGREEMENT with William Sherman Company for feasibility study of o - WILLIAM SHERMAN CO. RES #7714 NCS the construction of a municipal golf course complex in an amount not to exceed $10,0.00 was adopted. Agenda Item #3 Resolution #7715. N.C.S. authorizing the City Manager to AUTHORIZE LICENSE execute - -a license agreement for use of the Fairgrounds `'� ��n ,AGREEMENT Facilities (Fourth of July) was adopted. FAIRGROUNDS - -JULY 4., 1977 RES #7715 NCS Agenda Item #4 Resolution declaring that weeds growing and the rub DECLARE WEEDS A bish, refuse and dirt existing upon the streets, park- NUISANCE--CALL FOR ways, .sidewalks and parcels of private property, ABATEMENT OF SAME referred to and described in this resolution, consti- �6 — �� RES #7716 NCS tute and are a public nuisance, was adopted. Agenda _Item #5 Resolution calling for bids April 13, 1977, to remove CALL FOR BIDS - -WEED weeds heretofore declared to constitute a nuisance F �� ABATEMENT PROGRAM within 'the City of Petaluma was adopted. 1976 -77 _ RES #7717 NCS �� Agenda Item V6 APPROVE SALARY- - CITY FINANCE OFFICER RES #7718 NCS Resolution approving salary for City Finance Officer was adopted. F3 r 7 4:x :c�c xx �ti� �cx kk CERTIFY EIR-- McDOWELL A notice of public hearing regarding the Environmental F690 INVESTMENT ASSOCIATES Impact Report, filed with the Planning,Department of � RES #7719 NCS the City of Petaluma,.had'be:en : duly published in the Petaluma Argus Courier, March 23 %, 1977. Staff report from the Planning Department to the Planning Commission dated January 26, 1977, regarding the evaluation of the proposed planned unit district rezoning for McDowell Investment Associates.and the draft Environmental Impact Report, submitted and filed; Planning Commission Minutes; of February 1, 1977, regarding April 4, 1977 td _f CERTIFY EIR-- McDOWELL the subject matter, submitted and filed.; Environmental INVESTMENT ASSOCIATES Impact Report, Planned Unit Development, McDowell RES 47719 NCS Investment Associates, Inc., Petaluma, California, (Continued) prepared by Del Davis Associates Inc., submitted and filed. - By means of the viewfoil, Planning Director Ronald Hall located the „sub'ject property for the benefit of the Council.. The property is located on McDowell Blvd. North, adjacent to Candlewood Mobile Home Park. Mr. Hall "reviewed the staff report,. The Environmental .Impact Report had been sent to various indi viduals, departments, and agencies on the State, County and local governmental l� levels for review and. comment:. Comments were incorporated into the "Envi "r on mental Impact.Report. Mr. Hall stated at the.Planning Commission Hearing on the EIR, no comments were received from the general public. The recommendation to the Council was to certify :the Environmental Impact Report. with the incor- poration of minimal. changes. A question was raised regarding the use of 1975 traffic studies for an EIR report to be certified by the Council in 1977. Mr. Del Davis, President - :of Del Davis and Associates, indicated the report was prepared in mid -1976. The 1975 traffic count was, the latest available when the report was started.' City 'Engineer David Young stated one of the mitigating measures suggested in the report ,has been accomplished with the new signalization at McDowell Blvd. and. East Washington Street.. The report points,out the overall traffic problems at this intersection can only be solved by having Maria Drive completed through as soon as possible,. In addition, it would be advisable to Piave McDowell Blvd. completed through to intersect with Old Redwood Highway in order for this, interchange to be used for traf:f'ic to the proposed new hospital. Mayor Putnam then opened the public' hearing,. No comments were received from the audience., none had been received b y the City Clerk and the.` p cable hearing was closed. Resolution N.C.S. certifying the Environmental Impact Report for McDowell Investment Associates property located north of Candlewood Mobile Home Park, was introduced•by Councilman Perry, seconded by Councilman- Hil'Ligoss. and adopted.by 6 affirmative and 1 absentee votes. AMEND ZONING ORDINANCE TO REZONE 220 HOWARD STREET ORD #123*6 NCS' (SECOND READING) Planning Department staff report to the Planning''Com- mission dated February 22, 19.77 submitted and filed; excerpts of the Planning Commission Meeting of, March 8, 1977, regarding subject rezoning, submitted. and filed; Planning Commission.Resolution No. Z20 -76, adopted. March 8, 1977, submitted and filed. By means of a viewf oil, Planning Director. Ronald Hall located the ,subject property for the benef it' 6f the Council. The proposed development at 220 Howard !Street would have access on both Howard and Un -ion _Streets. The proposed development requires rezoning from R -M =G, Garden Apartment Zoningdis'trict., to C -0, 'Commercial Zoning district. -No adverse comments had. been received 'from reviewing agencies. No problems with increased traffic are antcipat'ed. The Planning Department believes 'the C -0 zoning for the property would'be more compatible with surrounding land, use and aat as a. buffer zone_betwe'en the 7- Eleven Store and the residential uses in the area. Some discussion was held regarding the width of Union Street and whether or-not vehicles would be able to enter or exit from the proposed proj <ect; properly. Mr. Hall indicated this matter could be ,addressed at- the time of site. ,design review. A. question was also raised whether or not "this would crea'te , spot zoning in the area. However, Mr. Hall indicated there are other professional offices in the neighborhood. Mayor Putnam opened the public hearing,. No comments were received from the audience, and none had been received by the City Clerk The public hearing was then closed. Ordinance #1236 N.C. S. amending Zoning Ordinance #1072 N..C.S°by reclassifying approximately 11,000 square feet of land located at 220 Howard Street '(A 6- 272 -01) from R -M -G (Garden Apartment), to C -0 (Administrative and Professional Office), 220 Howard Street, was adopted by 6 affirmative and 1 absentee votes. 1 Effective date of ordinance, May :4., 1977. April 4, 1977 REZONE SOUTHEAST CORNER EIGHTH AND "F" STREETS ORD #1237 NCS (SECOND READING) Planning Commission Resolution No.. Z19 -76, submitted " and filed;; Planning Department staff report to the F5 7 Planning Commiss-ion,, d A dated February 23, 1977, submitted and.filed,; excerpts of the Planning Commission Minutes, March 8, 1977, submitted and filed. By,means of the viewfoil, Planning Director Ronald Hall located the subject property for the benefit 'of the Council. Mr. Hall stated the rezoning was requested by Goltermann,, Glazier,, and Hansen, to permit two two -story duplexes .to.be built in 1977, and one o;r.two additional duplexes in 1978. The Boys' •Club is located 1:20 feet south of the subject property and McNear Park is 80 "'feet to the west. A recent request to zone the property to :Planned Unit Dis- trict was rejected by the City Council. This newest- proposal would have less impact on. the area than.the earlier proposal which had included 13 units for senior citizens' housing. Staff felt the new proposal would act as a buffer between the Boys' Club and the single - family residences in the neighborhood. Mayor Putnam opened the public hearing. Mr. Barry Parkinson, Attorney for the developers, spoke in favor .of the rezoning.. No other comments were received from the audience, no correspondence had been received by the City Clerk, and Mayor Putnam closed the public hearing. Ordinance #1237 N.C.S`.. amending Zoning, Ordinance #1072 N.C.S. by reclassifying the property at the southeast corner of Eighth and "F" Streets "from R -1 -6,500 to R -C (Compact Residential) - (Goltermann, Glazier, and Hansen) (approximately 29,000•square- feet, A.P., #8- 294 -01,) was adopted by 6 affirmative and 1 absentee votes. Effective date of ordinance May 4, 1977. REZONE 212 SEVENTH STREET FROM R -1 -6,500 TO R -C ORD #1238 NCS Because the subject property ;belongs to Vice -Mayor �J Robert A. Brunner, he was excused from the Council 5rM Chambers for discussion of this matter. Planning Commission Resolution No. Z1 -77, adopted March 8, 1977., submitted and filed; staff report'from the.Planning Department to the Planning Commission, dated February 18, 1977, submitted and filed; excerpts of the Planning Commission Minutes, March 8, 1977, submitted and filed. Planning Director Ronald Hall located the subject property by means of the viewfoil. He explained the request is to rezone the property located at 212 Seventh Street from R- 1- 6,500 to R -C, in order to convert the property into.a duplex. The property is located on a 10,.000 square'foot lot. Surrounding land uses include single - family and duplex units. The rezoning would conform with the General Plan and the Environmental Design Plan, and the staff and Planning Commission's recommendation was for approval. Mayor Putnam then opened the public hearing. No comments were received from the audience, no written comments .had been received by the City Clerk, and the public hearing was closed. Ordinance 41238 N.C.S amending Zoning Ordinance #1072 N.C.S. by reclassifying approximately 10,000 square feet located at 212 Seventh Street (A.P. 4008 -291- 02) from R- 1- 6,500 to R -C (Compact Residential) - Brunner, was adopted by 5 affirmative and 1 absentee votes.. Vice -Mayor Brunner abstained from voting.. Effective date of ordinance, May 4,1977. Vice -Mayor Brunner reenter- ed "the_Councll meeting at the conclusion of the above public hearing. REPORT OF BID City Engineer David.Young advised the Council eight ; OPENING-- LUCCHES'I bids had been received for. the Lucchesi Park Improve - P.-ARK'I_MPROVEMEN.TS ments Phase -. The bid's were opened on March 29, 1977. The range o'f the bids was from a low of $196,760 to a high of $266,283. The staff is still analyzing the.b -ids and collecting infor- mation and requested action be deferred unti the next. Council meeting. City Manager Robert Meyer asked Mr. Young to provide the Council with a breakdown on the bids as the bids are higher than the engineer's - estimate of $175,000. The Council may wish to delete some items, in the bid. Mr.. Young indicated it would be'possible to delete the comfort.stations or other items in the bid, but they would have to be negotiated out of the contract. No action was taken on the matter. Resolution #7720 R.C.S. rejecting ah bids for six police vehicles was intro- duced by Councilman Perry, seconded by Councilman Brunner,, and, adopted by 5 affirmative, I negative, and 1 absentee votes. Councilman Cavanagh voted "no ". A.motion was made by Councilman Perry, seconded by Councilman.B- runner, authori- zing the staff to purchase six police vehicles through the State of .California. Motion carried by 5 affirmative, 1 negative, and 1 absentee votes. Councilman Cavanagh voted' "no ". ACCEPT DONATION FROM A letter dated March 16., 1977, addressed to the Mayor CE \ PETALUMA U.S. BIN' and. City Council b Kenneth Colin Chairman -of the TENNIAL COMMITTEE Petaluma U.S.. Bicentennial Committee was read by the RES #7'7.21 NCS' City Clerk.and' ordered filed. Mr. Kenneth Colin,was present in the audience and presented a check in, the amount of $`5.9:6.,40 to Mayor Putnam on behalf of the Petaluma U.S. Bicentennial Committee The check is to help defray some.of the cost for construction.of the Jack Cavanagh Sr. Mooring and.Landing'Facili`ty, Mr. Colin also indicated the Committee would be presenting funds amounting to between $1,500, and $2,,0.00 to be used for the Historical Library and Museum at some future date. Mayor Putnam thanked Mr. Colin on behalf of the City and the City Council > . Resolution #7721 N.C.S. expressing,appreciation to the Petaluma U.S'. Bicen- tennial, Committee for their donat -ion o:f $596.40, was' introduced by Councilman Hilligoss,'seconded by Councilman Perry; and adopted by 6 affirmative and 1 absentee votes. ri LETTERS REGARDING A letter dated March. 15, 1977, adds- ess'ed to Mayor Helen ff NOISE PROBLEMS HUNT_ Putnam from Mr. Robert .F'. Boyd, complaining about the & BEHRENS.FEED MILL noise emanating from the Hunt & Behrens Yeed Mill was 00 not read, by the City Clerk, but is on file. In tion, a letter dated'March 23, 19 directed to Fred E. Tarr, Associate Plan- net, by Mr. Richard R. Illingwortl, Noise Control Engineer, State' Department of Health, was not read, but is on file with the City Clerk. Community Development and Services Coordinator Frank Gray reviewed the history of the problems at the Hunt &,Behrens operation„ the source of complaints by r,.esidents on. the: western side of the community. In July, 1976, .Mr.. Gray in- dicated he reviewed`the matter with Hunt. & Behrens. They hired a consulting engineer to help them solve the problem.and the State Department of .Health, Office of Noise Control, was.asked.to monitor the mill. It was determined the Mill was not. in compliance with the City's Noise Ordinance. Even after several alteration's -had been made at the plant,, problems continued and Mr. Behrens was asked to work out a program:or the ,City would have to take legal action. During the past month, working with Mr',. Lllingworth and the consultant,, Hunt & Behrens have developed a program to meet the sound level s tanda.r.ds.. Mr. Gray advised he had contacted Mr. Boyd .recently and he indicated the area is much quieter now. Mr. Gray advised his department would continue to check the operation.from to time. April 4, 1977 LOTS LEE A letter dated March 28, 1977, addressed to City Manager REJECT BIDS FOR SIX' Robert Meyer, from Lois Lee Thompson, who Main Restaurant, was read by the City Clerk operates 610 and ordered. POLICE VEHICLES & Apr.il directed to ManagertRobertIn Meyer. yer . NORTH AUTHORIZE PURCHASE Only one bid had been received for - the sx� new police FROM STATE DEPT'. OF patrol cars, from .Jim Rose, Chrysler-Plymouth, for RK GENERAL SERVICES 41 1 -977 Plymouth Fury Police Patrol units, for a total RES #17.20 'NCS amount, less trade -in,, of $30,498.44. Mr. Scharer indicated all local agencies:, as -well as several out- side 'the City, had been conta'c'ted regarding the bid. He also advised the State of California could supply the City with 1977 Dodge 'Monaco Police Packages as used by the California Highway Patrol for a total .amount of $32,993:, or ,a savings of; x$'2, on the six vehicles. In order to realize thi''s savings,, the City would have to sell the present vehicles for a minimum of ;$7150 each. Mr. Scharer indicated in order to take advantage'of being able to purchase the 1977 models, it would be necessary to place ran order before the end of the week. The local Dodge Agency has agreed to provide service for the vehicles. Resolution #7720 R.C.S. rejecting ah bids for six police vehicles was intro- duced by Councilman Perry, seconded by Councilman Brunner,, and, adopted by 5 affirmative, I negative, and 1 absentee votes. Councilman Cavanagh voted "no ". A.motion was made by Councilman Perry, seconded by Councilman.B- runner, authori- zing the staff to purchase six police vehicles through the State of .California. Motion carried by 5 affirmative, 1 negative, and 1 absentee votes. Councilman Cavanagh voted' "no ". ACCEPT DONATION FROM A letter dated March 16., 1977, addressed to the Mayor CE \ PETALUMA U.S. BIN' and. City Council b Kenneth Colin Chairman -of the TENNIAL COMMITTEE Petaluma U.S.. Bicentennial Committee was read by the RES #7'7.21 NCS' City Clerk.and' ordered filed. Mr. Kenneth Colin,was present in the audience and presented a check in, the amount of $`5.9:6.,40 to Mayor Putnam on behalf of the Petaluma U.S. Bicentennial Committee The check is to help defray some.of the cost for construction.of the Jack Cavanagh Sr. Mooring and.Landing'Facili`ty, Mr. Colin also indicated the Committee would be presenting funds amounting to between $1,500, and $2,,0.00 to be used for the Historical Library and Museum at some future date. Mayor Putnam thanked Mr. Colin on behalf of the City and the City Council > . Resolution #7721 N.C.S. expressing,appreciation to the Petaluma U.S'. Bicen- tennial, Committee for their donat -ion o:f $596.40, was' introduced by Councilman Hilligoss,'seconded by Councilman Perry; and adopted by 6 affirmative and 1 absentee votes. ri LETTERS REGARDING A letter dated March. 15, 1977, adds- ess'ed to Mayor Helen ff NOISE PROBLEMS HUNT_ Putnam from Mr. Robert .F'. Boyd, complaining about the & BEHRENS.FEED MILL noise emanating from the Hunt & Behrens Yeed Mill was 00 not read, by the City Clerk, but is on file. In tion, a letter dated'March 23, 19 directed to Fred E. Tarr, Associate Plan- net, by Mr. Richard R. Illingwortl, Noise Control Engineer, State' Department of Health, was not read, but is on file with the City Clerk. Community Development and Services Coordinator Frank Gray reviewed the history of the problems at the Hunt &,Behrens operation„ the source of complaints by r,.esidents on. the: western side of the community. In July, 1976, .Mr.. Gray in- dicated he reviewed`the matter with Hunt. & Behrens. They hired a consulting engineer to help them solve the problem.and the State Department of .Health, Office of Noise Control, was.asked.to monitor the mill. It was determined the Mill was not. in compliance with the City's Noise Ordinance. Even after several alteration's -had been made at the plant,, problems continued and Mr. Behrens was asked to work out a program:or the ,City would have to take legal action. During the past month, working with Mr',. Lllingworth and the consultant,, Hunt & Behrens have developed a program to meet the sound level s tanda.r.ds.. Mr. Gray advised he had contacted Mr. Boyd .recently and he indicated the area is much quieter now. Mr. Gray advised his department would continue to check the operation.from to time. LETTER - FROM LOTS LEE A letter dated March 28, 1977, addressed to City Manager THOMPSON RE PARKING, Robert Meyer, from Lois Lee Thompson, who Main Restaurant, was read by the City Clerk operates 610 and ordered. AREA, PETA_LUMA BLVD.. t NORTH filed. April 4, 1977 LETTER FROM LOIS LEE City Manager Robert Meyer advised he had asked the THOMPSON RE PARKI-NG Engineering Department to prepare a report for the AREA, PETALUMA BLVD.. Council showing what would happen if the intersection NORTH at the corner of - Petaluma Blvd. North and Lakeville was to be signalized :and a left turn lane installed. At a. previous hearing on the,matter, the residents in,the area and the Chamber of Commerce indicated they would contact' property owners_ and tenants in the area to see if off - street parking could be provided. By means of the viewfoil, City Engineer David Young outlined the property offered by the Thompson's, adjacent to 610 and 620 Petaluma `Blvd. North. The area could accommodate 40 vehicles. If the street project is to, proceed, 38 parking spaces would be removed from Petaluma Blvd. North and Lakeville Street. The letter asked if the City would be interested in the feasibility of develop- ing this project or obtaining,a long -term lease arrangement.. Mrs. Thompson was present in the audience and.advised there are 10 or 12 businesses in the area dependent upon parking of some type'in order to maintain their customers. Nobody has done anything about solving the problem, and. the purpose of her letter was to bring it to the Council's attention and try to determine if there was some solution. Mayor Putnam suggested the matter be given to the Chamber of Commerce, have them take a look at it, and try to work with the merchants in the area. The City Clerk was directed to refer the matter to the Chamber of Commerce and no action was taken. CITY MANAGER'S REPORTS' CLAIMS & BILLS RES #7722 NCS Resolution #7722 N.C.S. 'approving claims and bills #1779 to #1860, inclusive,. General City; and, #316 to #345, inclusive, Water, approved for payment by the City Manager, was introduced.by Councilman Cavanagh, seconded by Councilman Perry, and adopted by 6 affir- mative and 1 absentee votes_ RECESS Mayor Putnam called a.recess at 9 :05 p.m., and the Council reconvened at 9:11 p.m. t -- f WATER EMERGENCY Community'Development = and Services Coordinator Frank Viol of STATUS /REQUEST TO Gray indicated because of the ordinance passed by the DRILL WELL-- MCDOWELL. City Council requiring developers to provide water not PARK only for,. the number of units they planned for a develop- meet, but additional water to be placed in the City's system, Condiotti Enterprises had explored the possibility of drilling a well in the-linear park in Westridge Subdivision. They were advised any well drilled in this area would be of a very low yield. Condiotti then questioned whether or not the City had a place where a well could be drilled to tie into the City's system. It was'-s"uggested McDowell Park might be a suitable site which would provide a long -time benefit to -the City. The matter, however, is a policy decision for the Council to make, whether or not they want to permit a well to be drilled in a City park. City Engineer David Young indicated he would prefer to have a well drilled in the Denman Flat Area, which would give a greater yield than one drilled in McDowell Park. The area which would give maximum yield to the City is that northwest of the Denman Flat area. City Attorney Matthew Hudson indicated drilling a well to benefit private developers on public property may cause some legal problems. Some discussion was held regarding the benefits'the, well might provide for the City in future years; however, City Engineer David Young indicated the reason for drilling a well at the present time is because the City is in a drought aituation. It would be logical to maximize the amount of water for the amount of money to be spent on a well. Some discussion was held regarding drilling a well on private property versus ,parkland. Mr. Hudson advised the ordinance was structured so' that builders would provide water for their developments - according to a formula which would also produce an excess amount of water to be entered into the City's system. if the Council wants to permit private enterprise to drill wells on public -. - April 4, 1977 WATER.EMERGENCY STATUS/REQUEST TO ' DRILL'WELL-- MCDOWELL PARK lands, then the ordinance would have to be changed. It is the developer's responsibility to produce_ the water according to the formula provided in the ordinance- (Co ntinued, ) Mr. Phillip Trowbridge of Debra Homes., Inc. spoke to the Council indicating they felt a logical place to drill a well would be in McDowell Park, as it would provide•a use for the public in the future. They do, however, own property on Ely Blvd. and, East. -. Washington Street where they could drill a well. They would like to continue with the scheduling,of the 73 units for Westridge Subdivision. There `was some general discussion about whether or not the well in McDowell Park would be a public benefit. Mr. Hudson-advised it probably could be done, but not under the terms of the present ordinance.. It was the conserisus of the Council the terms of the ordinance would prevail and the well drilling would not'be permitted in McDowell Park. APPROVE PARTICIPATION City Manager Robert Meyer reported the City had signed IN WELL MONITORING a joint 'agreement to drill two wells,, with Rohnert ®� STUDIES Park, North Marin County Water District„ and the Sonoma C \ RES #7723 NCS County Water Agency. The Sonoma County Board of Supervi- sors., at their meeting on March 30, required additional conditions placed in the license to transport this source of water in the aqueduct. One provision is that the City of Petaluma and the North.Marin County Water. District Share equally with. the Sonoma County 'Water Agency ' costs for any additional monitoring of the wells which may become necessary. A second condition to the 'license agreement requires the two agencies„ i..e., ,Petaluma and North Marin, to share equally with the Sonoma_ County 'Water. Agency to provide water to well owners whose wells may go dry as a direct effect of the aril -ling of the Rohnert Park wells. Mr. Meyer advised the North Marin County Water District opposed the. additional requirements; however, they did adopt a resolution'April 5,, 1977, agreeing to the terms. A resolution.ha's been prepared agreeing to participate in the well monitoring and, the furnishing of water to Sonoma County well owners. The resolution advises the Sonoma County Water Agency the City is-not pleased with this latest turn of events. Resolution #77,23'N.C.S., agreeing to participate in well monitoring studies, . and agreeing'to furnish water to Sonoma County well owners whose wells go.dry due to operation of two new ROhnert Park well's (Welds Nos'. 15 and 1'6) was introduced by Councilman Hil'ligosa, seconded by Mayor Putnam, and adopted by 5 affirmative, l negative, and l absentee votes. Councilman.Perry voted "no ". GRANT' VARIANCE -- Community. Development., and Services Coordinator- Frank WATER CONNECTION Gray advised a request had been received from William O\ WILLIAM McDEVITT- McDevitt Company fora water variance to serve an COMP.ANY industrial building to be constructed in Petaluma RES #7724 NCS Industrial Park. The company will manufacture foam plastics, will employ 7 to 10 persons, and would require 150 gallons of water per day during the rationing period. The staff recommended the ,request be granted. Some question was raised why the matter wasn't listed as an agenda item. Mr. Gray indicated such,req.uests are being treated as emergencies and are` handled as they are received by the City. Resolution #7724 N.C.S,. granting variance for new water connection for commer- cial'or industrial construction, and granting o'ut'side water connection (William McDevitt Company) was introduced by Councilman Hill'igoss, seconded by Council - man.Mattei,, and adopted by 6 affirmative and 1 absentee votes. MOTION TO ACQUIRE Community Development and Services Coordinator Frank WELL DRILLED BY Gray advised Sola 0 tica1 U.S.A., Inc. plans to build a P SOLA OPTICAL U.S. A. substantial industrial plant at Lakeville Highway and INC. Frates Road which will employ between .200 and 250 employees. At the present time, they are drilling a 1 well to 280 feet and expect a yield of from 100,000 to 200,000 gallons per day. Their daily needs would be approximately 10, :000'gallons;. Mr. Gray outlined two alternatives f "or the Council's consideration. One was that Sola would use the April 4, 197`7 — e MOTION,TO ACQUIRE water from the well.,,but reque`st:a variance from the WELL DRILLED BY City Council for a water hook =up to provide a fire " SOLA OPTICAL U.E.A. protection system-for the plant. The well would not INC.- provide sufficient pressure to supply a sprinkler (Continued.) system. The;second.option was one in which the yields .from the well would be a benefit to the City. Sola would proceed to drill the well and place the casing;. The City would furnish the hardware for the well;,' °and sell the wager to Sola Optical. This would assure sufficient water for their needs. It would also provide an alternate source of water to the City. City Engineer David Young questioned the location of the well and cautioned regarding salt content of the well because of the . influence of the river and the location. Mr. Gray advised the plant cannot tolerate a high sodium content in their water. Sola would also be interested in leasing the well.to: the City on a long -term basis and the.City purchase the land in the year 2027. A motion was made by Councilman Perry, seconded by Councilman Mattei, to proceed to work with Sola Optical on Alternative No. 2. Motion carried unanimously. AUTHORIZE ARCHITECTURAL A report prepared-by Force Committee th e Historical Library /Museum Task �n�� avid Breninger, John Scharer, Jim SERVICES -- HISTORICAL Raymond) directed to City Manager Robert Meyer, dated LIBRARY & MUSEUM April-1, 1977, was submitted with attachments, to the RES #7725 NCS City Clerk, and is on 'file. Four proposals had been received for architectural services. It was the recom- mendation of the Committee to award the contract to Remo N. Patri, Architect, of Sonoma, California, for a sum not to exceed $3,000.00. Resolution #7725 N.C.S -. authorizing the Mayor to sign:an agreement for archi tectura1 services for Petaluma Historical Library and Museum was introduced by Councilman Perry, seconded by Councilman Matte,, and adopted by 6 affirmative and 1 absentee votes. STATE PARK BOND City Manager Robert Meyer reported he and Mayor Putnam ACT FUNDS had attended the Board of Supervisors Meeting regarding the State Bond Act Funds this date. Two things have happened since the City approved Alternate No. 6, which would have provided $129,700 for park development. The State has reduced the amount allocated to the County from $1,057,382 to $979,958. Then, the County Counsel ruled there were two more districts in the County eligible for funds -- Occidental and Cazadero. The result is the City, of Petaluma will_now receive $112,247. Mr. Meyer indicated, even though the districts and the cities in the County were well represented at the meeting, the Chairman of the Board would not permit anyone from the audience to speak as a public hearing had- not.been called. There was some opposition from some of the larger districts which did not receive as much money as some of the smaller cities,. -Mayor Putnam advised Supervisor Johnson, Rudde and DeLong voted for the formula which provided funds to the cities by population and a flat sum to the districts. LEGISLATION AFFECTING CITIES AB 389 Assistant City Manager David Breninger reviewed the / / A League's Bulletin regar.d-ing,AB 389, which would clarify ( fib the advisory nature of the State Guidelines for Local Housing Elements. Mr. Breninger was asked to write a letter supporting the bill. SB_443 This bill would phase out, over :a five - year period, the major business inventory.tax, reaching a 100% exemption by 1982 - 83. The :League objects to the arbitrary and unreasonable 5% gross reimbursement formula which SB 443 utilizes and urges,opp.osition to the bill. Mr. Breninger was'directed to write letters opposing the bill. AB 644- -LOCAL Mr. Breninger advised the bill had been discussed in F6 6 GOVT. UNEMPLOYMENT the Legislative Bulletin of March 25. The Federal INSURANCE Government, in the last Congress, had mandated local government unemployment insurance programs for states. If not adopted by the states, they would be mandated for some heavy liabili- ties. AB 644 endeavors to remedy some of the implications of the Federal mandate. One intent of the'b ll.would be to. set aside public monies for these ` ° -'- April 4, 1977 rn ;7 AB 644 - -LOCAL programs. Since public j`urisd hire a consi- GOV'T. UNEMPLOYMENT derable amount of part-time people,- the implications of INSURANCE the Federal mandate would have a drastic effect on (Continued) local governments' money: Mr. Breninger recommended the Council support AB 644. He was directed to write letters indicating the Council's support of the bill. ZONE 2A, ADVISORY Councilman Cavanagh .reported the Zone 2A Advisory o ' COMMITTEE MEETING Committee met March 31, 1977. . Fifteen projects are REPORT listed for the fiscal year, amounting to a total of $5,414,500. The fund now has $928:, 000 and the expected tax revenue is $202.,000 or ,a total of $1,130,00.0 to accomplish the 15 projects The first .five project's listed in. the budget are as 'f'ollows;: Channel clearing, $22,5,0,0; planning studies, $35,09.0; rights -of -way, $40,000; the "I "' Street - Project, $6,75,000; and any carryover- would be assigned to the Wilson Street - Lakeville Area Project. LETTER -- UNIVERSAL Mayor Putnam read a letter she had received _ from Mr. STUDIOS Frank Arrigo =, Unit .Manager, Universal Studios,, thanking the_ City and the citizens of Petaluma for their coop- eration. in, helpin to film their feature "Heroes", g production Heroes., starring Henry Winkler. The letter i.s on file with the City Clerk. APPROVE. TENTATIVE Planning Commission Resolution No. 1 -77 adopaed'Match lb MAP ALDERWOOD 15, 1977, submitted and filed.. Plannin De p artment � SUBDIVISION staff report t'o the Planning Commission dated March 10, RES 477,26 NCS 1977, submitted and filed; a letter from City Engineer David A. Young'to.Petaluma Planning Commission -dated March 11, 1977, submitted and filed,; copy of the tentative subd- vision map.,, submitted and filed; tentative subdivision map conditions,, submitted and filed. By means of the viewfol, Planning Director Ronald _Hall outlined the conf;igura- tion,of the subdivision, The property is located at the north corner of Ely Blvd. and East Washington Street and is a subdivision of 70 lo`ts... The: subjec,t'prop:erty has been rezoned from PUD, which would have accommodated 200 units, t_o R- 1- 6,500, 'to accommodate the 70 single- family r.esid'ences. There are 2`0 acres in the property; it is pres,eritly vacant and non - productive. Average, lot ,size would be 7.000 square ,feet. .'Mr. Hall then continued to review the staff report presented to the Planning Commission. The staff listed eight f °indings in suppor -t of a negative declarat=ion- and 2`1 conditionst 'have been placed on the: tentative. map. . The only recommendation.made by the Planning Commission was to change one of the street names from Ginko Court. Mr;. Hall advised'-there had been no adverse comments from the general- public,, except some expression of concern regarding traffic: Councilman Mat ei commented he hoped this particular subdivision would' reach a speedy conclusion. It was one of the first 1 terns he had considered when he first came on the Council eight years.ago,, and would like to see some conclu- sion reached before July 1 so that he could personally feel a sen'se.of' accom= plishment. Resolution 47726 N.C.S. approving tentative subdivision map of the.Alderw.00d Subdivision was introduced by Councilman Matted, secon'ded.by Councilman Hilli- goss, and adopted by 6 affirmative and 1 absentee.votes. ESTABLISH'HEARING Planning Director Ronald,Hall reviewed `a,progr;ess DATE -- RESCIND CERTAIN report. for two developments which had received Resi- HOUSING ALLOTMENTS dential Development Allotments under the, City's Allot - RES 47727 NCS ment System. The, Council had previously asked for F periodical reports - on the progress of 'certain.develop- ments and whether or not they wer'e.meeting their time sche'dules:. The two developmen €s in question are those of Royal Earls (Conoley Builders) for eight single- family lots in the west section; and S & M Construction:; for the east side of "I" S'tr'eet Extension, 50 single - family ,lots.• The Planning staff recom- mends the City Council set a. hearing to consider rescinding allotments for both of these developments. The:suggested date for the hearing is April 18,: 1977. Resolution #7728 N.C.S. approving the application for grant funds under the Roberti- Z'Berg Urban Open Space and Recreation Program Act was introduced by Councilman Hilligoss, seconded by Councilman Perry, and adopted by 6 affir- mative and 1 absentee votes. AUTHORIZE COMPLETION PHASE II ENGINEERING NORTH McDOWELL _BLVD. RES 47729 NCS AUTHORIZE COMPLETION_ PHASE I ENGINEERING NORTH McDOWELL BLVD. RES #7729A NCS City Engineer David Young advised the engineering plans �Oo for Phase. I and Phase II development of McDowell Blvd. Are half -way completed. In order to complete Phase I, an additional $20,000 would be needed and $19,000 for Phase II Both firms, MacKay and Somps and Hoffman and Albritton, could complete the plans within 60 days. Mr_ Young advised because of the proposed development along North McDowell Blvd., he felt it was important to have the plans completed in order to be able to go out to bid whenever funds become available. Finance Director John Scharer advised when the first agreements were signed with MacKay and 'Somps, and Hof:fman,and Albritton, the engineering was done because the City had applied for Federal Public Works Act funds. At that time, the City appropriated 100% of the funds : for the engineering work. Community - Development and Services Coordinator Frank Gray also stated, even though the City did not receive the Federal Public Works Act funds last year, there is a slight possibility of receiving funds under the Federal Grant. He also advised this project is Priority No. 1 on the Economic Development Act Project Funds allocated to the County. City Engineer David Young; advised the City Council may have to change their priorities on the, use of Gas. Tax monies. His main concern is for the*inter- section at East Washington.Str,eet and McDowell Blvd'. Everything that is phy- sically possible has beendme to alleviate the traffic situation at this corner. The State, in.coo,pe.ration wi -th the City, has installed a very sophis- ticated traffic signal system to.provide left turn movement to speed up traffic at this intersection. The next step has to be some change in the street sys- tem. Connection of McDowell Blvd. to Old Redwood Highway North will make that interchange available. With the. hospital, going in, this through street would serve the area to the north. These measures would help alleviate the traffic impact on East Washington Street. The f act. that the proposed hospital will probably become .a reality within the next 12 months places an additional burden on the City to accelerate the improvement across Lucchesi Park. Councilman Mattei indicated since the City would already have $80,000 invested in plans for McDowell Blvd;. 'that would probably set any future priorities for use of Gas Tax monies. He indicated, however, ,Bodega Avenue is an area which needs almost immediate attention and suggested the City review all'street projects and establish'prio "cities for the use of Gax Tax monies. April 4, 1977 ESTABLISH HEARING Resolution x{7727 N,.C.�S. setting a hearing date April DATE--RESCIND DATE -- RESCIND CERTAIN 18, 1977, for the purpose of 'considering the HOUSING ALLOTMENTS of certain housing allotments pursuant to Section VI -B RES 47727 NCS of the Residential Development Control System, was (Continued) introduced by Councilman Perry - , seconded by Councilman Brunner, and adopted by 6 affirmative and 1 absentee votes. APPROVE APPLICATION Recreation Director Jim.Raymond. reported on the status FOR RECREATIONAL of I V ' g Urban Open Space and Recreation the Roberti -Z B'er I GRANT FUNDS ROBERTI- Z'BERG ACT Program.Act, approved by the State- Legislature in 1976. Funds under the Act had been provided to urbanized RES 47728 NCS areas; however, under- the terms of the 1970 Census, Petaluma was not considered an urbanized area, and did not receive funds. The County of Sonoma, the City of Santa Rosa, and the City of Rohnert Park had received.f unds the provisions of the Act. In order for the City of Petaluma to receive any funds, an application must be filed;-if an application is to .be filed this year, it must be done by April 15, 1977. The maximum amount the City could apply for would be $350,000. Mr. Raymond suggested the City prepare an application for. the further development of Lucchesi Park. The funds, if obtained, could not be used for the tennis courts and handball courts which had already been sent out for bids. The funds must be met on a matching basis.of 75% State funds with the City providing 25 %. Resolution #7728 N.C.S. approving the application for grant funds under the Roberti- Z'Berg Urban Open Space and Recreation Program Act was introduced by Councilman Hilligoss, seconded by Councilman Perry, and adopted by 6 affir- mative and 1 absentee votes. AUTHORIZE COMPLETION PHASE II ENGINEERING NORTH McDOWELL _BLVD. RES 47729 NCS AUTHORIZE COMPLETION_ PHASE I ENGINEERING NORTH McDOWELL BLVD. RES #7729A NCS City Engineer David Young advised the engineering plans �Oo for Phase. I and Phase II development of McDowell Blvd. Are half -way completed. In order to complete Phase I, an additional $20,000 would be needed and $19,000 for Phase II Both firms, MacKay and Somps and Hoffman and Albritton, could complete the plans within 60 days. Mr_ Young advised because of the proposed development along North McDowell Blvd., he felt it was important to have the plans completed in order to be able to go out to bid whenever funds become available. Finance Director John Scharer advised when the first agreements were signed with MacKay and 'Somps, and Hof:fman,and Albritton, the engineering was done because the City had applied for Federal Public Works Act funds. At that time, the City appropriated 100% of the funds : for the engineering work. Community - Development and Services Coordinator Frank Gray also stated, even though the City did not receive the Federal Public Works Act funds last year, there is a slight possibility of receiving funds under the Federal Grant. He also advised this project is Priority No. 1 on the Economic Development Act Project Funds allocated to the County. City Engineer David Young; advised the City Council may have to change their priorities on the, use of Gas. Tax monies. His main concern is for the*inter- section at East Washington.Str,eet and McDowell Blvd'. Everything that is phy- sically possible has beendme to alleviate the traffic situation at this corner. The State, in.coo,pe.ration wi -th the City, has installed a very sophis- ticated traffic signal system to.provide left turn movement to speed up traffic at this intersection. The next step has to be some change in the street sys- tem. Connection of McDowell Blvd. to Old Redwood Highway North will make that interchange available. With the. hospital, going in, this through street would serve the area to the north. These measures would help alleviate the traffic impact on East Washington Street. The f act. that the proposed hospital will probably become .a reality within the next 12 months places an additional burden on the City to accelerate the improvement across Lucchesi Park. Councilman Mattei indicated since the City would already have $80,000 invested in plans for McDowell Blvd;. 'that would probably set any future priorities for use of Gas Tax monies. He indicated, however, ,Bodega Avenue is an area which needs almost immediate attention and suggested the City review all'street projects and establish'prio "cities for the use of Gax Tax monies. _ April 4, 1977 _ AUTHORIZE' COMPLETION. PHASE II ENGINEERING NORTH McDOWELL BLVD: RES #7719 NCS AUTHORIZE COMPLETION PHASE :I .ENGINEERING NORTH,McDOWELL, RES #'77.29A (Continued) At the conclusion of the discussion, Resolution #7729 - N•.'C. S'. authorizing MacKay -and Somps to complete the engineering for the North McDowell Blvd. Improvement Project Phase II was introduced by Councilman Hill - goss,, seconded by Mayor Putnam, and adopted by 6 affir- mative and:l.absentee votes. Resolution #7129A N.C.S. authorizing Hoffman and Albritton to complete the engineering for the North McDowell Blvd. Improvement Project Phase I, -was introduced by Councilman Hilligoss,, seconded by Mayor Putnam, and adopted by 6 affirmative and 1 absentee votes. DECLARE FINDI -NGS Fire Chief Joseph Ellwood advised the State'Department ( I UNIFORM .FIRE CODE of Housing and Community. Development, Division of Codes 1971 ED ITION and Standards, has suggested the City adopt findings RES #7730 ' NCS regarding early warning fire protection systems and declare such findings would have been necessary when Ordinance #1042 N.C.S. adopting the Uniform Fire Code, 1971 Edition -,vas approved. Resolution #7730 N -C.S. declaring findings regarding amendment to the Uniform Fire Code,, 1971 Edition, was introduced by Councilman Perry, seconded by' Councilman Cavanagh, and adopted by 6 affirmative and 1 absentee votes. SUSPEND TIME FOR Ordinance #1239 N,.C,.S. suspending time for abatement of ABATEMENT OF SIGNS certain signs and outdoor advertising, was introduced AND OUTDOOR by Councilman Cavanagh, seconded by Councilman Perry ADVERTISING and ordered published by 6 affirmative and 1 absentee ORD #1239 NCS votes. AMEND ZONING Ordinance #1240 N.C.S. amending Zoning_Or'dinance #1072 ORDINANCE TO N.C.S., by reclassi-fying.A.'P. #005 ,060 -38 (consisting of RECLASSIFY 1010 approximately 1. ..12, acres) from M -L (Light Industrial) LAKEVILLE STREET, to C -H (Highway Commercial) located at 1010 - Lakeville ORD ffM NCS Street - (Tom Gaffey,) was introduced by Counc -ilman Perry, sec6nded by Councilman H'illigoss, and published by 6 affirmative and 1 absentee votes:. DEFER ACTION ON A draft ordinance had been prepared for: the 'Council's BANNING; SALE OF' review. The City Clerk read the title of the ordinance FIREWORKS' which would forbid the sale or use of fireworks in the City of Petaluma, except for duly autho'rized.g�round displays. -In the, ensuing= discu-s'sori, Councilman Mattei stated he had asked,to have the matter brought before the Council however, he wasn't aware.the people who sold fi reworks purchased - them on °a Consignment basis. The merchandise could be returned to the purchas,er.. Mr. Mattei indicated he felt more or less satisfied at this point. The Council.has advised the various,agencies which have firework stands that there would be an extreme danger this year, He indicated, if' °used with extreme care, perhaps the Safe and Sane fireworks could be permitt'ed.for. the enjoyment of the people. Mayor Putnam stated she felt it should be made very clear that while the Council was not taking an action on this particular ordinance at this time, it would be kept in mind. If the drought condition prevails' and wat'er•.continues to be a problem, the Council may be required to take action. Councilman. Cavanagh questioned how many fires had been caused by fireworks in the previous' year and how much'wa'ter was required to extinguish these fires. Fire Chief Joseph, Ellwood said there were between 1.0 and 1 -5 fires caused by fireworks. He was not particularly concerned about the amount of water, but was concerned with the conditions that are predicted for this year. He was looking toward preventative measures,. Chief Ellwood indicated it was not. his intention nor hi`s desire to ban the sale of fireworks ' each year for the Fourth of July, but to curtail the sale :for this one year because of the dry season. City Manager Robert Meyer suggested an emergency ordinance could. prepared and ready for .immediate Council action if the situation warranted it. In the meantime he -felt. people who came in to take out licenses to sell fireworks should be made awaf.e of the possibility the Council may prohibit the sale and use of'f'ireworks if the situation becomes critical. Councilman: Cavanagh advised 1 1 April 4, 1977 DEFER ACTION ON BAN14ING SALE OF FIREWORKS (Continued) V �. if AB 1041„ which was introduced by Assemblyman Wornum, is adopted by the State Legislature there will be no fireworks in the State during 1977. City 'Attorney Matthew Hudson asked the Council to give some consideration to the conditions they 'would -like to place on an emergency ordinance if one was to be prepared and'be ready f'or Council's adoption. J Councilman Cavanagh felt if fireworks were to be b'anned.in.the City of Petaluma, the display which is proposed by the City itself on the Fourth of July should also be omitted this year. He did not'feel there should be any exceptions one way or the other. At the conclusion of the discussion, Mayor Putnam advised the public present at the meeting to be aware of the Council concerns. She felt it was important for others to have advance notice the Council may take some action to curtail or ban the sale of fireworks if the drought situation continues and the fire index was very high. No action was taken. RESOLUTION Mayor Putnam requested the City Clerk to read the COMMEMORATING THE following resolution in its entirety into the record. oCa{ MEMORY-OF MERVIN S. WATERS Resolution No. 7731 N.C.S. RES 47731 NCS RESOLUTION COMMEMORATING THE MEMORY OF MERV IN S. WATERS INTRODUCED BY COUNCILMAN M. Patricia Hilligoss and SECONDED BY COUNCILMAN William A.-Perry, Jr. at a r Meeting of the City Council of the City of Petaluma,, on the 4th day of April 1977. BE IT RESOLVED that on the 29th day of March, 1977, the City of Petaluma suf- fered a great loss occasioned by the tragic death of Mervin S. Waters, an outstanding citizen, who served this City well and conscientiously as a Plan- ning Commissioner from November 17, 1969 until his death. During his term of office,, Mr. Waters served as Chairman of the Planning Com- mission at the time Petaluma was involved in an attempt to preserve the quality of life in the community and yet to serve those who wished to become a part of the City. As a member of the Planning Commission, he served as one of the architects of this historic `decision which ultimately became the Residential Development Control System for the City. His outstanding service to the community will leave a beneficial impact on not only the residents, but future generations who will enjoy the quality of life Petaluma will offer. As a Planning Commission member, Mr—Waters became completely involved, having served as Chairman in as a member of the Environmental Design Plan Com- mittee in 1971; . a member. of the Site Design Review Committee in 1975 -76; and a member of the Subdivision Committee in 19.77. For reasons herein expressed and beyond the expression of mere words and be- cause this Council.is conscious of a great loss, IT IS HEREBY FURTHER RESOLVED that this Council adopts this resolution as a tribute to MERVIN S. WATERS,•.a respected citizen and an exemplary man; and IT IS HEREBY FURTHER RESOLVED that a copy of the resolution, certified and sealed by the City Clerk be transmitted, to Mary Kay Waters and Michael Waters, along with an additional expression of sympathy for the loss of their mother, ^ April 4, 19`77 w 45 Moreen Waters, who preceded her husband in death in the tragic accident at Santa Cruz de, 'Tenerife, Canary Islands, March 27, 1977. under the power and authority conferred upon this County by the Charter of said City. T hereby certify that the.foregoing Resolution was duly and regularly introduced and adopted by the Council on the 4th day of April 1977, by the following votes: AYES: Councilmen Brunner, Cavanagh, Hillgoss, Mattei, Perry, and Mayor Putnam NOES': None ABSENT:. Councilman Harberson Attest: ity Clerk Mayor MOTION TO A_DD. A motion, to add the appointment of a Planning Commis. - ITEM TO AGENDA sioner to the Agenda was introduced by Councilman Cavanagh, seconded by Councilman Mattei, and unani mously adopted. APPOINT ROBERT E. DALY PLANNING COMMISSIONER RES O732 NCS ADJOURNMENT Attest:. Resolution 47732 N.C.S. declaring a vacancy and ap- pointing Robert E. Daly to serve the unexpired term of Commissio_ner'Mervin S, Waters,, Petaluma Planning Com- mission, was introduced by Councilman Perry, seconded by Councilman Hill - igoss, and adopted by 6 affirmat -ive and 1 absentee votes. Mr. Daly's Commission expires June 30, 1977. Mayor Putnam adjourned the meeting at 11:30 p'.m,., in memory of Colonel and Mrs. Mervin S. Waters,, to an Executive Session and to April 11, 1977. Mayor Cit Clerk