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HomeMy WebLinkAboutCity Council Minutes 12/19/197735S MINUTES OF MEETING. OF CITY COUNCIL PETALUMA, CALIFORNIA DECEMBER 19;, 1977' REGULAR MEETING The Regular Meeting of the Petaluma City Council was: called to order by Mayor Helen Putnam at the hour of 7:40 p.m. ROLL CALL Present: Councilmen.Balshaw, Bond, Cavanagh, Harberson, Perry, and Mayor Putnam. Absent: Councilman Hilligoss.. Mayor- Putnam noted that Councilman Hilligoss. was ill. INVOCATION The Reverend Bob Carroll of the First Southern Baptist Church gave the Invocation.. PLEDGE OF ALLEGIANCE Second Class Scout Tom Reynolds, Troop 2, led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of- November 28, 1977, were approved as corrected. CONSENT CALENDAR A motion was made by Vice -Mayor Perry, seconded by Councilman Balshaw, to file the ABC application and adopt resolutions, Items #2 through #6, and publish the the ordinance, Item, #7. Motion carried unanimously. Agenda Item #1 ABC application, Old Adobe Room, 200 South McDowell ABC APPLICATION Blvd.,, on sale general eating,place, Daniel T. and OLD ADOBE ROOM Kathryn E. O'Brien, drop partner:, transfer, was ordered filed. Agenda Item #2 DIRECT CITY MANAGER TO DISPOSE OF SURPLUS PROPERTY RES #8020 NCS Agenda Item #3 ACCEPT COMPLETION PACHECO PARCEL MAP #114 RES #8021 NCS Agenda. Item. A AUTHORIZE PUBLIC IMPROVEMENTS AGREEMENT - -STU & ELLIE LUMSDEN RES #8022 NCS Agenda Item, #5. APPROVE CLAIMS AND BILLS RES #8023 NCS Agenda Item #6 MODIFY PERSONNEL SYSTEM -- CLASSES AND POSITIONS' RES #8024 NCS Resolution #8020 N..C.S. finding personal property here- P--T74 in named is surplus, no longer required, and directing the City Manager to dispose of the same, was adopted.- Resolution #8021 N.C,.S, accepting completion of public � I � improvements Parcel Map #114. (Manuel Pacheco, Cherry Street,), was adopted. Resolution #8022 N.C.S. authorizing the Mayor to sign QQ agreement for public improvements between City of F4 v G Petaluma and' Stuart "and Ellie Lumsden, was adopted. Resolution #8023 N..C..S. approving claims and bills, #37,71 t'o #3810, in'cl'usive, General City, was adopted. Resolution #8024 N.C.S. abolishing and establishing certain classifications, positions, salaries And em- ployee designations, was adopted. Agenda Item #7 Ordinance #12]2 N X.S. adding Chapter 1.12 to the ADD CHAPTER 1.12'TO Petaluma Municipal Code,, authorizing Police Service MUNICIPAL CODE Aides, Parking Enforcement Officers, and other City ORD #1272 NCS employees to enforce the provis of the Petaluma Municipal Code, was ordered published. December-19, 1977 AWARD D Breninger reviewed the CHLORINEFOR three receivednfor David Liquid Chlorine Con Q Y g � RES 48025 NCS tract. The recommendation of the' staff is to award the contract. to Continental Chemical Company„ Sacramento, California, in the following amounts: 150 cylind.'_ers,..'$30.2'1; two -ton delivery, $228.48 per - t.qn,, -'four -ton delivery, $218.36 per ton, :six-ton delivery, $216.,24 per ton. Resolution ; #8025 N.C.S. awarding con.tract.for purchase of liquid chlorine was introduced by Councilman Bond, seconded by Vice -Mayor Perry, and adopted by 5 affirmative and 1 absentee votes, with Councilman Harberson abstaining. AWARD CONTRACT Mr. Breninger reviewed the bid summary dated.Decemb,er U LIQUID SULFUR 15, 1977, from Charles D -. Huffman,, Purchasing Officer. DIOXIDE! Two bids had been received and the recommendation of RES 48026 _NCS the staff is to award the contract to McKesson Chemical, Company, Union City., for the following quota:t on& Two =.ton .d'elivery, $240,;00'; four-ton - delivery, $235..00; six -ton delivery, $234.00,. Resolution #8026:N..C.S. awarding contract for purchase, °.of liquid sulfur dioxide was introduced by Vice- Mayor. Perry,'seconded by Councilman Cavanagh, and adopted by 5 affirmative and '1 absentee votes, with Councilman,Harberson abstaining. tl ' AWARD BID -- EMERGENCY A bid summary dated December 14, 1977 ;from Chief D GENERATING UNIT, Robert B,. Murphy Petaluma Police Department, submitted "(POLICE DEPARTMENT) and filed. RES "18027 NCS Assistaint.City Manager David Breninger reviewed the bids and advised although bids had' been received from only two ,firms, approxi- mately 25' invitations to 'bid had been mailed by' the Purchasing Department. The estimate in the budget for the generator is $8,000. The recommendation from the Police Chief is to award the bid to t_he,Iow bidder, King - Knight Company of Emeryville, California, in the amount 'of $7 ; 769.'80. Resolution #8027 N,.C.S., awarding 'contract. for purchase of one emergency gener- ating "unit (Polic'e Department) to King - Knight Company, Emeryville California., was introduced by Vice -Mayor Perry se'cond'ed by Councilman Harberson, and adopted.by '6 affirmative and 1 absentee votes. APPEAL, RE PINBALL City Attorney Larry Klose stated he had been informed MACHINES,,, 2311. late in the afternoon the appellant had. withdrawn his BODEGA.AVENUE appeal regarding, the 'additional pinball -machines, to be ,(CONTINUED TO placed in the Texaco Service Station located at 231 JANUARY 3 1978) Bodega Avenue. Additionally the Police Chief would Like to,,pursue the appeal., but the City, Attorney asked. for some.time'to research the matter, as the letter submitted by Chief Murphy' supported the appeal of Mr. and Mrs. O'stern, rather than submitting a, formal appeal.. There was, a brief, discussion held by the Council. Councilman Balshaw .indicated if the Council is to act on not only this problem, but another arcade in the City', he would like to have some formal type of documentation of the 'types. of violations for arcades,. bar rooms., '7- Eleven Stores drug stores., et'c. He also indicated he .felt any type of business which ,would be placed on Bodega.Avenue would increase the traffic. He would like to see more support.for the types "of statements included in the appeal by the Ostern's, as well as by Chief Murphy'. Chief Murphy indicated as far as broadening this question, there would need to be some app.eal.to the Planning Commission or a separate act brought against an arcade already in existence in the City.. Chief Murphy also confirmed,, rather than submitting a formal appeal, he.sup- ported the appeal of the.Ostern's, but he could.just as easily have filed a formal appeal. His remarks to the Planning Commission would' be the same as he. would present to the City Council.. City Attorney Larry Klose addressed revocation in general, not just this-par- ticular case. Revocation would, have to be based• on violation of a condition or conditions of the original UsePermit. If. the patty complying with-all the conditions, the City Would have to take some other action, such as a lawsuit, to abate the, nuisance if a nuisance did, in fact, exist... 1 The matter was continued to January 3, 1978. December 19, 1977 ACCEPT INTERIM A letter- dated' December 1.;,. 19.77, to the City Council F6 v4 IRRIGATION .SYSTEM from Jon D'. Joslyn; Qantas Development Corporation, was FROM QANTAS read by the City Clerk and ordered filed. DEV. CORPORATION RES #8028 NCS Mr. Joslyn was present at the Council Meeting and stated they had been requested by the City staff to design drought - resistant landscaping and not install an irrigation system for the area facing, on McDowell Blvd. beyond the fence line. Mr. Joslyn stated he felt the request for the landscaping was a legitimate one; however, their landscape architect has advised that in order for the plants to get.a good start, some: interim '.type irrigation system would ^be necessary. -The cost for the irrigation system would be approximately $3,50;0, and it was Mr. Joslyn's understanding the two, wa connection fees would be $3,300 -. Community Development and Services Coordinator Frank Gray stated he had done some research on the connection fees, and the fees would be substantially less than $3,3.00. Mr. Gray also.stated - the landscaping would be along the public right -of -way. There was some discussion regarding the matter., and it was determined since the landscaping would be in the right -of -way, the water connections would be the responsibility of the City, as well as watering the plants. Mr. Joslyn then asked if the City would draft a resolution accepting the irrigation system. Resolution #8028 N.C.S. accepting,offer;of Qantas.D,evelopment Corporation for installation of "interim" type irrigation system -in City's: right-of-way, North McDowell Blvd.,_was introduced by Councilman Harberson, seconded by Councilman Balshaw, and.adopted by 6 affirmative; and 1 absentee•votes:. APPROVEr.00.CUPANCY-= A letter dated December 14., 1977, from Wesley Bailey of PORTION OF.ALDERWOOD the McBail Company;; was -read.-by the City Clerk and SUBDIVISION ordered filed Mayor Putnam suggested since,-the letter asked.the City of Petaluma to arrange a meeting to choose a lead- agency,. and it was the concurrence, of the: Coun"ci :1.1hat RES y8029 NCS Assistant City Engineer Thomas Hargis indicated the developer is requesting.occupancy for 10 units located.on the looped.street off of East.Washington Street'.. Mr.,Hargis indicated the water; sewer, , street and sidewalks 'are : . and are satisfactory to_the•Eng- i_neering Division for these 10 units: Mr. Harg "is;sugges.ted. if -the Council grants the occupancy for these . units:, it :;should made subject to of the Chief Building. Inspector. Resolution #802'9 N.C,.S:. approving occupancy for a portion of Alderwood Subdi- vision '(Lots 1 throug, 10 on Redwood Circle) was introduced by .Vice -Mayor Perry ., secondedr :by,..Councilman'Harberson, and adopted by-6 affirmative and 1 absentee votes. IMPLEMENTATION OF A letter dated December.8, 1977 from the Sonoma County V6 SURFACE - . 'RUNOFF '. ! Water-. Agency. :to. the City Council,-,and signed by Gordon MANAGEMENT .PLAN W: Miller-, Chief,Engineer,, had been distributed to 33,3 members of the City Council with a copy to the City Manager, City Engineer, Planning Director, and Community Development and Ser- vices Coordinator., as City Attorney The letter was not read by the City° Clerk, but is• on: file.:. The letter stated.the Sonoma County Water,Agency.s..taff developed the Surface Runoff.Manageme.nt Plan.1n.a.ccordance with the contract with. the.Association of Bay Area,Governments.. The;Plan was completed October 12, 1977, and submitted , .to. ABAG., In. his letter • Mr,. Miller, stated it is imperative the two- cities and th'e County meet to select or create a local entity with the authority to implement the plan as required by EPA. City Engineer David, Young stated, Sonoma County would be _the logical entity,•to adminis.ter�the..Management Plan. When.he attended the Technical, Committee Meetings regard ng..the� Surface :Runoff Management, Plan, `he felt.; the greater, number of: future! problems. wouldr.. be outside; the, urban ,boundaries and created by agriculture. Mr. Young also stated many of the techniques suggested in the Surface Runoff .Management Plan.are already being done by Petaluma. The City has a large degree of control over.runoff.at „the present time. He.felt the, County would be better equipped to .handle, the; rural problems. Both Mr - -. Gray and Mr. Hall concurred �wi_•th Mr. Youngt's s•tatement.. Mayor Putnam suggested since,-the letter asked.the City of Petaluma to arrange a meeting to choose a lead- agency,. and it was the concurrence, of the: Coun"ci :1.1hat December 19, 1977 IMPLEMENTATION,OF the County of Sonoma be designated the lead agency for SURFACE RUNOFF implementation -of. the Surface Runoff Management Plan, MANAGEMENT PLAN this meeting should be called shortly after-January 1. (Continued) At the suggestion of the City Manager, Mayor Putnam indicated the proper elected officials, i:.e.; probably the Mayors from both cities and,the Chairman of the Board of Supervisors, and whatever staff the Council designates should be in- attendance. Councilman Cavanagh, the Council''s representative to the Association.of.Bay Area Governments; stated the pr'ogram.,probably, wouldn't be through all the governmental agencies until-next O'ctQ,ber, and he•f'elt the Council would have plenty o'f, time on the matte:r. Mr. Gray indicated one of" the parts of the 208 Plan indicate It' is mandatory to identify the implementing 'agency, and City Engineer David Young also stated it was time to start discussion on the.matter now. Community :Development and Services Coordinator Frank Gray referred to a letter which had been received in October, 197'7, regarding additional 20& programs. The letter was from the Sonoma County Water Agency, and Mr. Gray' stated they more or less absolved themselves from,repr- esenting the City of Petaluma,.in any future 208 planning., Mr..Gray stated the .208 program includes an air.. quality maintenance element, a solid waste management program, water. quality management element. and a water. distribution element. The ,letter further stated the, legislative bodies of loca : l entities should appoint knowledgeable and expert persons to protect their interests,. Mr. Gray recommended that someone from the. City Manager's Office„ the :City Engineer' "s Office; and the Planning Department be appointed to serve on this environmental. management task foce.' Mr.. Gray stated where the Sonoma County Water Agency has performed -in - a technical sense, they have put the City on notice, they will no longer be able to do this. Councilman Cavanagh stated the public hearings -at. the Association of Bay Area Governments, will be coming. up. in January '^and wondered if this 'task, force should beo appointed at this time. Mr Gray indicated he felt it would be necessary to halve, someone appointed. to represent the City -at these hearings. Some discuss,ion.was s h.eld regarding, the staff members! to serve.on..the task force. "The City °"Manager indicated. ,since Mr'.. Young had been involved. with, 'the Solid WA.ste.Management Program, ,he probably should, serve on the task force. Mr. Gray also indicated the 208 Management Plan is .a comprehensive plan for the entire Bay Area, which will -have a very significant impact. Mr. Young stated the air quality would be the most complicated,, as there is no one on the City staff, who•has the expertise to serve on such a committee. Mr, .'Young also started the- -S'olid'Waste• Management Program submitted by th'e County would ,probably suffice. The City Manager stated now that he is 'aware of 'the types of: people who are "required to serve on the Environmental Task Force, he would•make the. appointments from the City staff. O ` AMEND WATER EMERGENCY_ Memorandum dated December- 16, 1977, from, the City l ORD. TO PROVIDE FOR Attorney to members of the City Council, submitted and SUSPENSION OF ALL OR filed. PART OF CHAPTE_R,_ -15.18 ORD 41273 NCS City Attorney Larry indicated.there would be two , ('EMERGENCY ORDINANCE) actions before the Council rega -rding the Water Emer- gency Ordinance. One would be to amend the Ordinance to permit the Council to suspend, restr;ictlons upon a finding that surplus water- is available The ordinance would provide the Council with greater flexibility, suspending portions of the Water Emergency Ordinance and yet have the opportunity to restore restrictions without having to - change the ordinance. In. addition, :Mr. Klose advised a resolution. to be considered by the Council at this meeting would .suspend,certain restrictions. in the Water Emergency Ordi -- nance, such-as the restrictions glaced on commercial car wash operations,, g "olf course irrigation, °residential irrigation by.ellminat ng the odd' -even plan,, would provide water for cons.truci on,o,ther than reclaimed water,, would permit residents to wash their vehicles., and also to fill and drain swimming pools. Assistant City Manager David Br-eninger - stated 'he had met with Tom Wilson, the matter had been discussed with the Sonoma County Water Agency,. and 'it. is the recommendation of 'the. Committee to relax some of the rest- riction's imposed by the Water Emergency Ordinance, Mayor Putnam.as :ked if other cities were taking the same measures, as the matter had been discussed at the Mayors" and Council- men's Agenda Meeting the.previous week,. City Manager Robert Meyer indicated at a recent meeting of the' Water Contractors,, they more -or less voted 'to go their own way to suspend some of the restrictions. December 19, 1977 AMEND WATER'EMERGENCY The City %Manager commended the citizens of the com ORD. TOlPROVID munity -for continuing to .conserve water by about SUSPENSION- OF'ALL' OR - per- cent'over the. previous lyear.; PART OF CHAPTER 15_.18 ORD #1273`NCS Ordinance #1273 &,C:. S:. adding a. new Section 15. 18.210 (EMERGENCY ORDINANCE) - to Petaluma,Municipol,'Code to provide for sus -. (Continued) pension by the.0 ty all or part of Chapter 15.18 upon•det'ermination that.there.has been a:tem- porary- suspension of water emergency conditions, was introduced ;by Vice - Mayor Perry, seconded by Councilman.Bond and adopted by 6 affirmative and 1 absentee votes. Effective date of� Ordinance, . December 19, 1977-. 3 19V Q_ SUSPEND CERTAIN Resolution #8030 N..C.S. suspending certain provisions ��o '� PROVISIONS OF of the Petaluma'Mun -cipal ;Code, Chapter 15:18, the PETALUMA MUNICIPAL Water Emergency' Ordinance, was introduced by Councilman CODE,�CHAPTER' Bond, 'seconded by Councilman Harberson, and adopted by '(WATER EMERGENCY ORD.-) 6 affirmative.land i l absentee votes. RES #8030 NCS REPORT- ENERGY'ELEMENT; -'City Manager Robert- Meyer' some time ago'he had AND CRITERIA FOR ­appointed Mike Acorne!'to serve'as Energy Coordi- PETA_hUMA ' I nator for 'all• of the City's departments - and -asked him- to give the - following report.. Mr. Acorne advised,the State Energy Commission is currently requesting appli- cations from loco, governments to undertake energy conservation programs. Grants are being offered on a 50 -50 basis. The _purpose of the program is to effect immediate measures to decrease energy uses throughout local entities.. Mr. Acorne stated if the Council concurs, it would be necessary to get pro- posals to develop the application to be forwarded to the State Energy Commis- sion for these grant monies: The application desired would be in two parts. The first would be the preparation of an Energy Element for the General Plan with'technical backup data. -The second purpose of the application would'be'to develop a criteria.from this element of the General Plan to apply to new subdivisions as alloca -lion points are being awarded. It is the feeling of the Planning,Department and, .the Community Development and Services..Co.o.rdinator Frank Gray, that an Energy Element to the General Plan will be a requirement in the future. Mr. Acorne stated criteria could also be developed, for commercial and industrial projects for the future. P.G.& E. has been asked to,join City in the development of the program, but Mr. Acorne stated as of this date, there has been.no firm answer from P.G.& E. The cost of , the program would be dependent.upon P & - E. participating, but Mr. Acorne stated it would, probably require a cash contribution from the City of from $4-,000 to.$6,000. In.addition,,,the cost for preparing the grant appli- cation to the State would be approximately '$500. Mr. Acorne was looking for direction from the, .Council .whether or not ' they were interested in this type, of. an application and if he should ask for�propbsals for the preparation of - the application. Mr.. Acorne s ated - it would be a Highly competitive situation since there are approximately 100 jurisdictions seeking grant monies totaling $200,000 for the, 'entire State. Community Development and Services-Coordinator Frank Gray stated a represen- tative from Leo Daly Associates .from "San Francisco' was present at the meeting if the Council had any'questions.': Mr. Gray also 'explained -the reason they feel a, consultant . would< be necessary is because: the .City does not have the expertise on its own staff regarding energy use and the mitigating measures available. Mr.. 'Gray cited the City' of'`Davis as a :cas'e where certain criteria has' been developed as fo the location of .Houses on lots,,..lot_ sizes, shadows of the houses', and the orientation of 'buildings towards the sun-. - There have been three subdivisions built in .Davis under these standards and. they have noticed a 40 percent savings in energy use. If the City of Petaluma was able to ;develop a certain.standard of criteria for the Residential Development Evaluation . Board ,'' may lead.t'o a substantial saving in energy use-in-the City. Councilman Harberson asked if P.G.& E. does not have the expertise available for the City in this - field. Mr. Gray indicated they do have a land use plan- ning section, but they do not have a service to ,help cities develop these criteria-. Mr..Gray indicated the cost of the entire project is estimated to be around $40,000, with $14, :000 being funded by .the_ $6,000 from the City,. and $4,000 from the City providing in kind services;,. If P.G. &.E. would par- ticipate, it would probably constitute about $4,:000 in in kind services... Mr.. Gray also stated a consultant is hired and the is filed for..the grant, there may be a possibility of- using, P.G.: "& E 's computer for getting energy consumption patterns.. December 19, 1977 . REPORT -- ENERGY ELEMENT At the completion of the :presentation, Councilman AND CRITERIA FOR Balshaw indicated he did not feel the-City should PETALUMA - undertake additional _studies, as there are so many (Continued) demands on the staff at this time. 'Mr. Bal,shaw'1n dicated he.would be opposed to in any kind of new studies that do not implement, some of the priorities. in. the En- vironmerital Design, Plan.. Mr. Balshaw indicated' he he had. rev the list of items which need to be done` -in upcoming months and stated he does not think the staff has'the'cap'abilites to take on.any additional duties at this °time: Mayor Putnam ,asked .for some estimate of, the staff- time required 'for the report. Frank Gray .indicated the staff time would include his time, the City .Engineer, the,C ty Manager, the-Planning Director, Fred Tarr and possibly other members of the.Planning staff. There would be about 45 manhoiirs of work per person. Mr., Gray, also indicated the staff, didn't. want to get any further into the proposal unless the Council felt they would want -to authorize the application. If the Council approves of the concept,, Mr.. Gray indicated he would get other "' let =ters of proposal, n addition to Daly, and Associates, then comeback to. the Council for authorization to file the application which has`a'deadlin`e of" February 23, 1978. Councilman Bond stated he was in agreement with the concern in saving energy; however., he ind- icated'if the Council is going to look at this aga in, on,.January 3, he would request some written material be given to the C'ounc'il for review. Frank Gray indicated he would, contact the two other firms who have the expe'r- tise in the energy conservation field., as well, as Leo Daly and Associates, for their proposal letters and have "them available Tor'the Council, at 'the first - meeting ' in Jalivary. The Council ' iook'no 'a`cti'on on''tti'e mai "ter: ` COUNCIL'COMMITTEE •REPORTS CMPH'ASSO.C: ANNUAL Councilman'Cavanagh reported r . the Northen`and.S'outhern MEETING ' "' Divisions' of the California Marine Parks and Harbors Associations would'hold their annual .meeting in'San. Leandro on January 20, 1978. The Northern`Division ` has'extended' an nvit'at on to members of the 'Ci.t Comic L t9 "a °tfend tH' s important meeting on 'Friday afternoon, "beginning at ttoo p'.m. 'In San Leandro: The' early'meeiing'`would'be: the.'busines "s ;meeting from 1:'00 to' S '30 'p,.m;',, and''thb evening meeting, s,ta ,.ts ``a't 7'c:00 to 10x00 p.m. A letter dated December 15,1977, directed to.Poli'ce. Chief Robert B':: Murphy from' the Sonoma County' Probation Department is on file with the City Clerk: Proposal prepared by - etaluma People Services'Center to'`the Sonoma Co Boar of Supervisbts regarding, - th e S u'th County 601 Diversion Project'" Family crisis Uriit" is on file with the City Clerk. Chief..Murphy. reviewed" the, backg-round Hof the services given, by the, Petaluma. People Ser vices Center with regard to Family.- .Oriented,Juvenile Probation Problems:. Earlier this year, the County Probation Department, the Petaluma: . People. Services Center - and the; Petaluma Polce� :Departm,en•tl developed. a program for local-.counselin .for lveniles, without having. g � g. to� trans them: to Santa. Rgsa,. ,The, etaluma Peop.l :e;Services Center employed four counselors and the Police D,'epartment agreed to participate.in.the program. The program .was funded under a federal grant, but the Petaluma People :Servi ces Center has been advised beginning January 1. 1978, the -grant- has! been Teduced.`,by about one - fourth., The Count,y,Proba;tion Department has: advised. the service will be discontinued in, Petaluma,,. although .short -term shelter.services will. :be. continued through the:. Probation -Department's Family Crisis, _Unit. at Los Guilucos..,, Chief .Murphy 'staged the .P.etaluma. ,Police .Dep'ar;tment) would' to .transport juvenile& to '; Santa, Rosa to participate in the service:. Chief 'Murphy'•asked the Councih to adopt, a resolution , ino support. of: retaining the, . service , in Petaluma, under the ausp;" "ices of the Probation Department, the Petaluma People Services 'Center, and the Petaluma .Pol'ce Department.., ; Mr. John .T..Allison,,Executive Director of.the Petaluma People Services Center,, spoke to. the .Council, regard ng• :.the, .mat;ter::.•, He. stated the County, of Sonoma received t$19,5_,00;0 ,under - the 601 Diversion Program. ' In the: year. 1978,, these., funds. wild,%be cut. ta ,approximately: $160,,0:00. In order to treamline., their operation,, then County' - Probation 'Depast rent; :is; going to ask the .Board of Super- visors to consolidate the program,. In the immediate Santa Rosa _area. Mr,. Allison indicated. - their argument's are., number one, this is not equal,service for the people of the South County, since the people here are paying,th'e same December 19, 1977 ENDORSE FAMILY tax rate. The second -reason Mr. Allison•gave was ORIENTED JUVENILE works as a disincentive to the very purpose of AB 21 -3.1 PROBATION. SERVICES' which was designed' -to move'young people out of the - BY •PETAhUk& PEOPLE juvenile justice: system and +back into the community. SERVICES Mr..'Allison stated' about one- third of the parents and RES #8031 NCS children they had worked with over the past year were- (Continued) back - together again within four hours after the call - came in th=rough the Petaluma Police Department. Mr.. Allison indicated what they were looking for was a resolution of support by the City Council to their request to the County Board of Supervisors to have them reassess their centralization plan.. There was some discussion held by�the method used by the luma'People Ser- vices-Center the Council asking both' -Mr. Allison and Chief Murphy ques- tions. Councilman Bond. asked how the P'e.taluma People Services Center became the point of referral for juveniles: Chief - Murphy indicated he-had been contacted by the County P•roiation'Department , ou.tlining the program. He st'ated At first-he was skeptical; 'however, he was assured the counselors would be reliable and respon- sible He was satisfied they would not be teaching adverse toa the -Police Department's system, and he agreed to participate if the County Probation Department would assure him they would keep reliable people-in the program. Chief Murphy indicated it was - a three -way communication.between the Probation Department, the Petaluma.Peop:le S'erv- ces Department and the - Petaluma Police Department. After reviewing the program with-Mr-.,.Allison,,-the Council determined a letter should be writ:ten�'to accompany the resolution endorsing the decentralization of the -Fam - ly -Or_ ented Pr- .obation :Services:= and re:ta-ining• the Petaluma People Ser- vices Center as the agency n'Petaluma. The letter was to be directed to the Board of•Sup'erv.sors stressing fact the Council -felt it was equitable to have the same se s f rviceunded by the County and made,available to the residents of the southern portion of the County. The City Clerk was directed to forward copies of the let:ter Supervisor George T. DeLong -and Chief Probation Officer Robert..G. Gillen. Resolution 48031 N.C.S. endorsing the - continued maintenance of Family- Oriented Juvenile Probation Services (pursuant ;to:�Welfare• and- Institutions•Code_•Section 6Gl), operated by the - .Petaluma People Services Center-:, was introduced by Council- man Balshaw, seconded by Councilman Harberson, and adopted by 6 affirmative and 1 absentee votes:, RECESS. Mayor Pu,tnam.cal_led a re'cess 9:45 p.m.,-and the Council reconvened at 9:52 p..m. APPROVE. PRIVATE Planning Director. Ronald Hall. stated this was• a con- ��/1q�7 STREET -=DR. ROBERT tinuation of the matter heard on December 12', 1977, S. GILBERT regarding the,private street request by Dr. Robert RES 448032 NCS Gilbert.'. Mr. Hall stated , appeal had been filed on (CONTINUED FROM this matter, but he did not :feel the appeal was ap- 12/12/77) p'ropriate. The Planning Department is still of the opinion.that Larch Drive should be extended across the northeast corner of thee Lands :of.. Gilbert: to;,provide- ..f.or logical development of the area. A -foot diagonal right -of -way across:the property could continue on to an extension of'webster•Street, and'the ultimate development -of:the entire area,. Mr -. HAII stated he felt the most appropriate way to handle- the. matter, in view of all parties; concerned,, would•be to require an irrevocable offer - of dedication of the 60 -foot right -of -way. The second consideration he, suggested•would- be to 'have the City consider acceptance the right -of -way upon - the filing of a tentative map or.a proposal for developmemt, which would include construction' of public street improvements :on that easement. The third point Mr. Hall raised was to -.have the Cty' approve the private street on the offer of dedication... This would provide for the extension of Larch Drive and enable 'neighboring'prop'er.t;ies to add additional dedication of rights -of -way which would open up =the entr:e:property. City.Attorney Larry.Klose, advised =the staff has had more time to the matter; and in addressing .•the_•appeal filed by Mr Dorenfeld; - the City Attorney did not feel the appeal is a. proper action; - The Cotincl would have to approve . the.private street agreement and approval-.of the parcel.map would depend upon that action. Mr. Klose also,st:ated that Section 22.7.;503.2 of the.Subdivision December 19, 1977 APPROVE PRIVATE ;' STREET- -DR..; ROBERT S. GILBERT 12/12177.) r. (Continued) Ordinance provides for,dedication as suggested,by. Mr. Hall: Mr....Klose'•also felt that dedication could be required ,without. the actual; construction of the street. The. construction_ could, be deferred as,bad been pre - viously d'one Bodega Avenue. He suggested the City take an krr of }fer of dedication, which'-the City could, take ;at,,any. time;,, but,, until the City. does .accept „ it,. it remains_ on, the tax ro,11s and the responsibility of the landowners. Matthew Hudson was present representing Dr. _ Robert„ ilb:ert,.-.., Mr. Hudson:•!stated he felt the.Doct'or would be willing to dedicate the street but not willing to build "the: improvements. .'It- is. his „und`erstanding the roadway.'. would .ibe. private street until the, City accepts thee, irrevocable, offer. Any imp;rovemen.ts :that, would be.made would probably be put in by. somebody else. Mr. Hudson also commented on the Planning Commission .findings on the section of the-Subdivision Ordinance that they did not feel a private street was necessary,, but he stated once again the, Doctor would. be willing to ,dedicate the land... Mr. Hudson also stated Dr. Gilbert would, be ag,reeab,l'e to this* dedication, only if' the,, parcel map is, approved t City' Attorney.• Larry Klose indicated the irrevocab,le,.of'f'er would be recorded, with - -the. parcel :map:.: . Resolution.#803'2 approving private'street for'Dr...,Robert :S..Gilbert. and Ann Gilbert, was introduced by' Councilman Bond, seconded by Councilman Harberson, and adopted by 4 affrma -tivey 2 negative and, l absentee votes'.' Councilman Cavanagh and Vice -Mayor Perry voted ' -no. ". 1# AUTHORIZE PUBLIC �� CONSTRUCTION AGMT., W /DR.'ROBERT GILBERT, RES 48033 NCS' APPROVE .,CERTIFICATE, OY,COMPLIANCE A.P. #5- 060 -08 (HILLIGOSS) , RES' #803"4 NCS APP -ROVE CERTIFICATE �1 OF COMPLIANCE A.,,P. 05.0 -;17 (HILLIGOSS) . RES #8035 NCS Resolut= ion,.18033. NX.kS. , authorizing,. Mayor •toy sign, agreement., for, public,. - construction, between the City> of` Petaluma and, Dr.. Robert Gilbert,- et. al„ was introduced by Vice - Mayor - Perxy,. sec onded by Councilman.Harb.erson, and adopted.,,by 6,-affirmative and .l.. „vottes. Planning Director :Ronald Ha ll reviewed the staff report dated December 13, 1977, from the'P'lanning D-ire ctor. to the City Manager. There was some discussion regarding access on -Lakev I'le:Highway, and Communf..ty Development and,Services. Coordinator Frank.Gra -y stated by certify- ing. these .individual parcels,,] they would have� the, right of a'ceess to ,Lakeville Highway. I.t would create three additional accesses on Lakeville Highway. Mr.'Gray' pointed out that two of the parcels are now served by one entrance, and it,may stay that way, but as legal lots . they would 'have the right of access 'to Lakeville Highway.:. City Attorney Larry Klose advised the approp'ria'te APPROVE CERTIFICATE restrictions could . be provided in.the planning process. OF 'COMPLIANCE' ' The law r`e.quires ttie right of `access, to a public street A.P. 15- 050-18 b.ut does not specify a particular ,public str.eet.--'As f (HILLIGOSS) of-way, th tliey y p p .g: y is rovided access to a ublc-ri ht RES -1.8036 NCS a be res.tri.cted, as to which right-of-way such access is provided. The cond'iti'ons would have +to be placed at the time. :of site design review'., s „ 11 APPROVE'CERTIFICATE _ The Ci.ty.'Attorney advised the State may require access OF COMPLIANCE , at one pa,r.ticular point, but they cannot deny-access A.P. #5-050-1 from any one ,of' the-legal lots.. (H- ILLIGOSS). , RES #8Q17,- NCS Councilman Ba`lshaw pointed ou.t what may `have 'been ' con - sidered a reasonable request by CALTRANS'for'widening Lakey: lle Highway,, i,e. , the ;requirement of afi, 11 -foot. -d'edication for a left turn, .lane four lots. could also be considered an unr:easonable..request if some "of the lots ar.e!sold separately and those lots were required' to the 11 feet without the benefit.of: the additional' lots. At the conclusion of the d'is'cussion; the following resolutions were ,ado pt`ed by the City Council,: i Resolution #8034 N.C.S•. approving, Cer- tificate of Compliance for A.P. #5 060 -08 (Hilligoss)., 1908. Lakeville Highway, was -introduced by Councilman Balshaw, seconded by Councilman Bond, and adopted,by 6 affirmative and .l absentee votes. Resolution 48.035-N..C,.S,. approving,Certificate of Compliance for A:R, #5- 050 -17 (Hill goss), 1908 'Lakeville Highway; was introduced' by Councilman Balshaw, seconded by Councilman Bond, and adopted by 6 affirmative.and absentee votes. 1 3107 December 19, 1977 Resolution 448036 N.G.S. approving Certificate of..Compliance for A.P. #5- 050 -18 (Hilligoss).,,•1908 Lakeville Highway, was introduced by Councilman Harberson;, seconded by Vice - Mayor Perry, and adopted by 6' affirmative and 1 absentee - votes. Resolution X48037 N.C.S. approving Certificate of Compliance for A.P. #5 - 050 -19 (Hilligoss).,.1908'Lakeville Highway.,, was introduced by Councilman Cavanagh., seconded by Vice- Mayor.Perry, 'and adopted 6 affirmative and 1 absentee votes. City Engineer David Young advised the State of Cali- r4* CS SPECIFICATIONS— fornia,.has given their permission for the City to I BREACHING THE LEVEE readvertise for bids for breaching the levee for the CALL FOR BIDS Water Pollution Control 1972 Project. Mr. Bill Richards RES #8038 NCS of CDM, Inc.., reviewed the 'sequence of events from when the Corps of Engineers granted a permit in 1972, and the requirement by the State.of California that the levee "be breached on City - owned 'land. The Council authorized.advertising'for bids July 5', 1977,'and bids were opened `October 8, 1977, but were,substantially higher than the Engineer's estimate. The City then requested CDM to reduce the cost, meetings have been held with the State and Corps of Engineers, and the plans and specifications are now,ready to advertise again.. Mr. Richard's stated there would be two breaches, 30 -foot wide, through the levee. The•surplus material to be barged to an approved Corps•of Engineers' dump site; Mr. Richards stated they had received permission to proceed with the project from the State of Cali - fornia last week. The Engineer's estimate.for the project is $113,000. He Advised the amount is 1001 eligible, with 87 -1/2 percent being paid by agencies other thdn.the,City. The Gity':s portion should be Approxi- mately $14,000. The Corps of Engineers `requires A 30 -day advertising period for.the call for bids, and it is suggested bids be opened on January 24, 1978. Resolution 448038 N.C'.S. approving plans Arid specifications for breaching the levee, on -site grading and disposal of excess materials (Water Pollution Con- trol Facilities), and calling for bids January 24,, 1978, was introduced by Vice -Mayor Perry,.,'seconded by Councilman Bals and adopted by 5 affirmative and 1 absentee,vot'es, with Councilman Harberson abstaining from voting (Coun- cilman Harberson abstained from voting on any projects prepared by CDM, as his firm does business.with CDM.) - OPPOSE A letter dated November 23; 1977, addressed to the CO ANAL Mayor and members of the City Council by Dan Hauser, F� C 4 1 RES 448039,. NCS. Mayor 'Pro -Tem, of the City of Ar.cada, along with a - proposed resolution.opposing the construction of the peripheral canal, had been distributed to the.members of the Council and.was not read by the City`Clerk. A copy of the correspondence is'on.file. There was 'a brief discussion regarding the.matter, and it was pointed out by Councilman Cavanagh that the League of California Cities took no stand on it.,- Councilman Harberson indicated that two - thirds of the people in the State live in Southern California, Arid 'if the Council wants to take a stand on- it, they -- should,; but he feels it would be ineffectual.. Resolution #8039 N.C.S., opposing,consiruction of the peripheral canal was introduced by Councilman Harberson, 'seconded by Councilman Bond, and adopted by 6 affirmative and 1 absentee votes. REAPPOI-NT ROBERT L. Resolution #8040 R.G.S. reappointing Robert L. Koenitzer- -1 9 g KOENITZER -' MAR -IN % - ' Trustee:-to-the Board, 19 T8 and 1979 Mar n /Sonoma Mosquito I SONOMA MOSQUITO Abatement District, was introduced by Vice -Mayor Perry, ABATEMENT DISTRICT seconded by Councilman Cavanagh, and adopted by 6 RES•#8040 NCS affirmative and 1 absentee votes. APPOINT & CONFIRM Resolution #8041 N.C.S. appointing and confirming �� { - 7// MEMBERS OF HISTORIC certain members of the Historic and Cultural Preser- / •� - �If_ AND CULTURAL vation Committee was introduced by Vice -Mayor Perry, PRESERVATION COMM. seconded by Councilman Bond, and adopted by 6 affir RES 48041 NCS_ mative and 1 absentee votes. i December 19.,, 1977 MOTION TO I ADD A,mo.tion was made by Councilman Harberson, seconded. by ITEM TO AGENDA Counc 'ilman Balshaw, to add item regarding public,im- provements agreement -- Kieckhefer, to the Agenda. Motion carried unanimously. AUTHORIZE'PUBLIC City Attorney Larry K1ose advised the Public Imp,rove- AGREEMENT-- KIECKH!EFER complete. The bonds have.been Aping Center i V� p g posted IMPROVEMENTS ments Agreement for the Lakeville Shopping and the applicant (LAKEUILLE� STREET) asked if the matter could be added to the agenda,. The RES #8042. NCS area is loca,ted.:at `the corner.of. Lakeville Street and East Washington S' reet. and the applicant- would :like to commence the public improvements. The City Engineer stated.,he'had,no objec- tions to the Council considering the.matter,.as it has been ready for time,, i _ .. . Resolution #804Z.N.C.,S. authorizing Mayor to sign public improvements agreement with Walter Kieckhefer''Company for-. property located 'at Lakeville Street. and mant on Street and b nt6oaff Vice-M Perry seconded by�Council- p 1 absentee votes.. . STATUS OF"VARIOUS Councilman Balshaw asked the'status of the following CITY PROJECTS projects;, with the responses made.as.noted. Sign'O.rdinance To be.'presented'to Council''n January. Ordinance Requiring Dedication, at ,S;ite, Design Review Stage_ To 'be prepared. And presented by City Attorne-y'in January. Response Yrom'Wicke's Lumber Co. 'Regarding Annexation - The. City Clerk advised_ no answer had been.received. A_second letter had been sent and copies of.the second letter would.be forwarded to the City .Council,. Tree prlant ng Along.,C'aulfield Lane - Councilman Balshaw requested that removal of trees .by'residents along this,Lane,be deferred until they can be',, replaced by the City with approved trees. The City Manager'advised a program, with the cost., could be brought' back to the Council. Petaluma Inn. `Expansion, Additional Water Service - Councilman Balshaw requested whether or not.the service could be :ins.talled':by, tunneling under'Wasington Street, rather than above ground. No :conclusion was reached. City Engineer advised "jack and bore" method would be very ex�pensivet :and also may interfere' with other underground utilities:. Councilman Balshaw requested' to be advsed.'how consultants were selected, to prepare E..I,.R.'s. Frank Gray advised he would prepare a report for Council's review. ADJOURNMENT There being 'no further business to come .before the. Council, the meeting.was adjourned at 11:05,p,,m. 'to an Executive Session. 4 1 ' Mayor At '�>Zl�is�i� «.tee ✓. �����- o-�-�/ C ty .Clerk.