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HomeMy WebLinkAboutMinutes 05/22/1978MINUTES OF MEETING OF CITY COUNCIL PETALUMA., CALIFORNIA MAY 22 1978 ADJOURNED MEETING The Adjourned Meeting of; the Petaluma City Council was called to order. by-Vice-Mayor William Perry at the hour of 7 :35 p.m. ROLL CALL, Present:,Co.uncilmen Balshaw, Bond, Hilligoss, and Perry. Absent: Councilmen.Cavanagh, Harberson, and Mayor Putnam. APPROVAL OF MINUTES The minutes of the Adjourned Meeting of April 24, 1978 -, were approved as mailed. APPOINT DAVID A.. YOUNG A letter dated May 8,. 1978, . directed to the City of MEMBER, SOLID WASTE Peta "luma.b,y Brian.Kahn, Chairman of the Sonoma County MANAGEMENT AND Boar.d.of Supervisors, was read by the City Clerk and RESOURCE RECOVERY ordered filed. COMMITTEE The�Board of Supervisors had adopted -a County Solid Waste Master Plan in`May.of 1977 and now wishes to establish an Advisory Com- mittee to assist the Board. in implementing the plan. In the discussion by the Council, it was determined since the City Engineer, David Young., had worked in the formulation of the plan, along with.others in the ".County, it. was the•recom- mendation of the City Manager that he continue.as "the,Council''s designate to the Committee. Mr. Youn g indicated t . plan lan has already been ad'opted.by the County of Sonoma. Plans for im p lementation must n of b e Supervisors. Thle:C _ tee would act in an advisory capacity to the Boa p so stated that sometime in the near future, the disposal sit located between Petaluma and Sonoma will have reached capacity. •The. Advisory Committee will have to determine what interim measures must be taken. The implementation of the plan.will have an impact on the garbage rates,' not only in Petaluma, but in"the.r.emainder of the County. A motion was made by Councilman Balshaw,, seconded by Councilman Bond, desig- nating'David A. Young as the.C.i.ty's,representative on the Solid Waste Management and Resource Recovery Committee.. Mbi ion carried unanimously. PETITION REQUESTING A letter received by the ,City Clerk May 9, 1978, from CLOSING HOURS FOR Marge Hodapp, 1100 "F" Street, was read by the City McNEAR PARK Clerk and ordered filed. Accompanying,the letter from Mrs. Hod'app was a petition containing 72 signatures of residents livi "ng•in the vicinity of McNear Park requesting the City Council.to pass legislation prohibiting the use of the park excepting by permit or scheduled. activities, - between the hours of; 10:00 "p,.m. and 6:,00 a.m. The petition also requested more Police surveillance of the park during open hours. The petition is On'file with the City Clerk. The staff report from Roy Kelly, Public Works Super "infendent, was submitted to the Council. Mr. Kelly stated he,was in agreement with the residents in the area; however, he did not feel closing the parks would completely solve the problem, either at McNear Park or Wickersham Park. The highest percentage of 'vandalism and annoyance occur bet.w the hours. of_7:.00 p..m. and 10:00 p.m. in the evening. The Public Works Department is try - ing to solve the problem of the young people driving their automobiles on lawn by installing "fences; how- ever, as'quickly as the fences are installed-., the group that hangs out in the area concentrate on.dismantTing the fences. Some have been apprehended. One of the major problems his department faces is cleaning up broken glass in the mornings aft'er'drinking bouts have taken place at the parks. Additional lighting had been provided in the parks.at.cons;iderable expense; however, some are inoperable because of vandalism.. Mr.. Kelly indicated he was interested in anything possible to control the situation. He also advised there "has been a great deal of vandalism done to the restrooms in the parks: and anything the Council can do to assist the department would be appreciated. �o May 22, 1 : PETITION'REQUESTIM Police Chief Robert B. Murphy read his memorandum • dated. CLOSING HOURS FOR May 19, 1978, directed to the City Manager, on the ,same McNFAR PARK subject..'Chie'f Murphy advised,.since receiving the (Continued) petition, patrols•'have been increased in the area; and . the best estimate he can gives 40 to 50 hours of overtime was spent by officers through, this date. Plain clothes officers have been °used :in the park_on an overtime basis, and this has proved' very successful in. making arres.t's. On 'May 18, five arrests were made for alcohol offenses. Chief Mu_rphy'.also indicated `since they have stepped .up operations at McNear Park, they find some.of' the same young adults have moved to the creek area behind;Mervyn "s Store. They move 'from one place to another, and he suggested that whatever ordinance the Council . pags- es•.should apply to all parks.. Chief Murphy also .Sugg since most of the md or- offenses!. Occur after dark, perhaps the ordinance should be written to indicate the parks would close either one- half hour or one -hour after 'sunset. The discussion by the Council then turned to the use of alcoholic beverages in the parks. Chief Murphy stated the Municipal Code permits, a one -day permit f.or a g "coup or the ektens on'of' a licensed bar- for that - day. Ije'felt the biggest problem fo"r his department has been attempting to enforce.,•the regulation ,select v- ely•and getting into trouble with the Courts City Attorney Larry Klose indicated. this is where the constitutional problem would come. 'in as the'Police.Department wouldt.have to arrests equally and not `selectively, and it creates a • judgment, factor for Police.,Depar;tment,; The Alcoholic , Control Agency will-not usually .issue a license for consumption of alcoholic beverages on public property unless': they have the• consent of` the public :agency. Recreation.DIrector Jim Raymond stated there are times when there, are baseball tournaments when special permits are given to..the caterer. The caterer must get a "lett:er ' from h'i department which' is taken to the Alcoholic Beveragg,Con`trol Agency in Santa Rosa.' - They must pay a. :$5.50 fee, and to.his knowledge,his: o,f'fic'e has ' followed the law. Councilman Balshaw questioned -, it' would b.e possible to include in the ordinance that;glass` beverage containers would 'not be permitted :in the parks and would' Be' confiscated,. City Attorney Larry Klose ,indicated it could be included and made an offense.. Councilman Bond stated the ;memgrandum from the Vubl Works. Superintendent indicated glass. was. one, of the major problems in the ;parks;; the Police Chief indicated alcoholic beverages were th,e.man source of trouble, and he asked the Council to consider eliminating drinking in the parks altogether. Chief Murphy , stated. Councilman 'Bond's suggestion would be .easer,fo,r his Department to en force rather than having.to determine whether the beverages were in.glass,or metal ' coritainer-s;. Councilman Hilligoss questioned, the possibility of-hiring just fox -park police protection, City-Manager- Robert Meyer stated it would be a matter. of setting priorities on anyth'ing,that•has to be solved with money. There may be a possibility that he would' have to seek additional people.. City, Attorney Larry Klose pointed out the proposed ordnance.has a number of prohibited acts in the park, but it does not specifically provide for the mandatory closure of parks:.. `It provides for.:selective closure of, parks on determination- of the 'C Manager;' where :there is a problem and does. give some. f lit=y.' The' ordinance also provides' that portions of parks may remain open,' such as the tennis courts- and the baseba diamonds. The proposed ordi- nance would xep.eal a prior ordinance,and is more inclus ve,than the - earlier--' ord:inance., Mr. Klose also ;pointed out. the use of alcoholic beverages in, parks is I n ' a different section of the 'M unicipal Code - a n d : would r equire a; separ-_ate' ordinance. Mr. Klose also pointed out the.Code now prohibits the use of alcohol in any public place, including parks. Councilman'.Hilligos& stated she felt many of the problems could be al- leviat'ed if the law was enf.orced City Manager Robert Meyer advised the.RecreatIon, -Music and Parks Commission would be holding ;a special mee,ting.,on May 24, to discuss both ordinances and were looking for input from the City Council. The ordinances, would be sent to, them for their review and comment. F Vice- Mayor`P,er.ry asked for comments from the audience. May 22, 1975 a PETITION,REQUESTING Mr. Bob Caruso stated he lives, directly across the park, OSING HOURS and he do .t feel the.man p CL r:oblein is alcohol. He McNEAR'PARK also nd cated'he. would not like to have such. .a.res ric- . s (Continued)' tion placed on, the park, as there are many people, including himself, who like to go there on a' Sunday, afternoon and enjoy the park,, and maybe have 'a bottle of beer. The problem is that -there are or- .10 young people congregating in the park, and three or four of .them are the ones who are.the troublemakers. They quiet down when they see a Police crui_ser.drive up. He'wondered if it would .not be possible to have the Police.observe.the ,disturbances.from the shadows in the park. He did; :not feel other people should be penalized just because there are three fodr troublemakers causing problems. Marge Hodapp stated she was p th'e'reports given by -Mr. Kelly and Chief . Murphy and was encouraged to.see the.neighborhood was getting support from the City. Prior to the step ; pe'd' -up enforcement by'the Police •Department,.the neighborhood did'no.t. feel they were getting the support the.y. needed. The neighbors realize 'it. is a difficult problem for the Police Department to handle. She also . stated the young . people in the area use scanners and are aware when a complaint has been called in and they disperse the Police arrive at the park. She also suggested,.in.order to curb some of the speeding in the area, that stop signs be installed at the corner. of 'T' and.Eleventh Streets. The intent of the petition was,no:t to eliminate the'average.citizens from using the park. They also would not like to see the tennis courts close down and want to see the softball programs _continue The residents in.:the area are being intimi- dated by a few young adults, and she has also been advised by other people living in the.Keziilworth and Wickersham Park areas that the.problem does move from one park to another. Mrs. - Hodapp.,also stated the gossip among the teenage set is that there is major drug trafticing going on in the park, and statements made by the teenagers is "if you want drugs, you can.get them either at McNear Park or Dodge City." City Attorney Larry Klose asked for some direction from the Council in order to revise the draft ordinance.which they had before them. He asked if they wanted to include the provision to prohibit glass .beverage containers in the parks. Councilman Bond stated he would be..in favor of no alcoholic beverages in the parks. Councilman.Hil.ligo_ss stated she would like to give the present ordinance a try the way it is written but to have it, enforced. Councilman Balshaw indicated he would be in favor of the.complete prohibition of alcoholic beverages. Recreation Director Jim Raymond asked if the prohibition of alcoholic,'-beverages would also include the us,e inside the community centers. City Manager Robert Meyer indicated he felt the ordinance being discussed tonight pertained only to the' parks. Ernie Curtis.spoke briefly to the Council, stating he' had experienced vandalism . at his.apartments with varying degrees, and sometimes.th'e problem-will ..last for a month or two, and then the young people move on. He regretted the fact the Police Department did not have the power to control,.these young people as they had when he was a - young man. Hal Kenyon; 316. Twelfth Street., also'.:spoke, to the: Council. He stated he was the Vice - President of the Petaluma Youth Soccer League, and one of their fund- raising events is an affair where they se ll.alcoholic.b.everages. He suggested the ordinance permit the use and sale of beer and.wine'for organized activities. Jerry Hallam, 1100' "G" Street.,, stated he would endorse Councilman B'ond's sug gestion. that no alcoholic beverages; be permitted in the park. The only action taken by the Council was to refer the various ordinances to the Recreation,, Music'and Parks Commission for consideration at their Special Meet- ing to be held Wednesday, May 24, at 4:00 p.m. . STATUS REPORT -- Recreation Director Jim Raymond reviewed a memorandum he MUSEUM /HISTORICAL had prepared and forwarded to.the City Manager dated May LIBRARY COMMITTEE 18, 197$. Mr. Raymond stated an Ad Hoc Committee has been meeting since January. to initiate recommendations of administering the Museum /Historical Library. The opening date is planned for July 1, 1978. ;. May 22, 1978 STATUS REPORT -- Assistant City Manager'David Br-eninger reviewed the MUSEUM /HISTORICAL proposed ordinance which would create a Museum /Historical LIBRARY COMMITTEE Library Committee. The Ad Hoc Committee, which has-been (Continued) meeting,r.egularly, worked with .members of the staff and the Mayor Ito formulate the proposed ordinance which sets forth membership terms, the number of. members on the Committee,, and the organization and duties of the Coin - mittee. During the research, it. was found, there was .a ,conflict. between the proposed Museum /Historical Library Committee and the existing Historic and Cultural' Preservation Preservation Committee, with, regard. to receiving donations of gifts speci- fically for the Petaluma Historical Iib;rary /Mus.eum., City Manager;R'obert. Meyer stated by changing the Municipal, Code the proposed Museum /Historical Library Committee could be the responsibility for reviewing donations. specifically ,for the Museum /Library. Councilman.Bond expressed concern _that.`the.Ad'Hoc.Committee had taken on respon- sibilities which he felt had previously been ,assigned to the Historic and Cultural Preservation Committee.. He stated if the City has an established committee which,hasbeen given.certain :responsibilities, that committee - should be. permitted to follow the i1xi te:.relieved of them 'before, the assignment is given to,another group.. City Manager Robert.Meyer stated he felt it would .be appropriate to introduce the ordinance which would, amend. the .section.in.the,Municipal.'Code and have the.' City Attorney review and.prepare the ordinance pertaining .to the Museum /Historical Library Committee for. introduction at a later meeting. AMEND SECTION 2..30.030 OF MUNICIPAL . CODE. ;RE HISTORICAL LIBRARY/ MUSEUM ORD #1302 NCS An. ordinance amending Section .2.30.03,0 of' the Petaluma Municipal Code relative to the. Petaluma Historic and Cultural Preservation Committee and`the Petaluma Historical Library /Museum, was introduced by Councilman Bond, seconded by Councilman Balshaw,.and ordered posted'by 4 affirmative and 3 absentee votes. PRESENTATION,OF City Manager Robert.:Meyer.read his Budget Message Letter PRELIMINARY BUDGET dated May 22, 1978,,and asked the City Council to review .FOR .19,T&-79 the Preliminary Budget and .be prepared sometime after Jgpe .5 to ',review the Audget in all -day sessions. URGE SONOMA COUNTY Councilman Hilligoss stated she had attended 'the Board' .BOARD. OF °, SUPV:. TO of ,Supervisors' Meeting last week, and , the Varnhagen PaURCHASE VARNHAGEN property was discuss,ed'. • The cost for the: acreage is now PROPERTY $1,5.75 • per' acre,, but she;, advised the property adjacent RES X68204 NCS ,, to the Varnhagen site is now selling for'over $3.,000 an acre.. The money has: been,set aside by the County from the 1974 .Park Bond'Fund; however, there was some .ques- tion regarding the $62,0;00 of revenue sharing, funds which had deleted from the Sonoma .County:Budget for acquisition of the park. Councilman Hil,ligoss asked the Council to support thei,reso urging Sonoma County to Proceed' with the.purchase of the site._ Resolution #8204 N..C.,S':. urging the Sonoma;County Board of Supervisors to ac- complish purchase of the .so-called .Varnhagen Property a , s a. South, ;S`onoma County Regional Park Site, was intr.oduced,by Councilman H'illigoss, seconded'by Councilman Bond,, and adopted by 4 affirmative -and 3-absentee votes. RECESS Vice - Mayor. Perry called,a recess, at' 9:3'0 p.m and the Council reconvened at 9:37 p.m. 1 1 6 May 22, 1978 DISCUSSION REGARDING Community Development and Services Coordinator Frank TRADE WITH ATLANTIC Gray stated had been contacted by the Atlantic RICHFIELD FOR Richfield 'Company:; and they° are willing to proceed 'with PORTION OF PERRY LN: a trade iri the Perry 'Lane area,., which would • event : ually provide for :a transfer. point•for people using the :'Golden Gate li:uses; as well as> the City' 'buses,,. and, also provides. some commuter parking. He asked if the .Council• was still interested in. proceeding with this matter. The Council.direct.ed•the City Attorney to, prepare the necessary documents.. Larry Klo"se also advised it would require a series of :public hearings to ab'and'on the portion 'of 'the street. No action. was 'taken on the 'matt,er. DISCUSSION_ REGARDING Planning Director Ronald Hall stated the ENVIRONMENTAL DESIGN amendments-to.the.E.,D.P, were reviewed the Planning PLAN LAND US,E','MAP Commission on .Jurie,23,• 1977, and 43 changes , recommended AMENDMENTS by the,staff were sustained by the Planning Commission with very few exceptions;•. He then reviewed the proposed changes as outlined on his staff report dated June.14, 1977, a copy of which is on file with the City Clerk,: Some of the changes incorporated in the list have already been approved and are a part of the amended Environmental Design Plan Land Use Map.. Discussion'was held after Mr, Hall went through the 43;items on the list; and he asked • the Council for input and t-o refer the matter back. to the Planning Commission The Commission will take a further look at it and hold public hearings on the Land Use Map. There was some discussion held regarding the extension of Wesaridge., which was Item #3'8 on the staff report. Councilman.Balshaw questioned why it did not appear on the map. Community Development and Services Coordinator Frank Gray advised there is presently an environmental impact, report.—being, prepared for a specific" land us "e• change 'for th'e! area and an amendmen -, to ,the Design Plan. No action -can be taken on. this until the E.I.R. has been, certified by the City Council. The other land.use changes will be covered under a general environmental assess- ment, and either'a Negative Declaration ,or.an.Environmental Impact,Report_ will be required. Q g .s ated Global Homes has REQ BY GLOBAL Planning Director :Ronald Hal l- HOME S,_INC.'FOR petitioned for a change.to -the Environmental Design Plan AMENDMENT T01HE to allow for suburban low .density residential develop - ENVIRONMENTAL DESIGN, meet in.the vicinity of Country'Club D rive and McNear PLAN Avenue. Frank Gray stated the Planning Commission has held. hearing on-the matter and, because this project has been.- awarded allocation -,.it..,is suggest "ed the Council hold a public Bearing as soon as possible in order for the Environmental Design Plan'to conform with the General Plan. The Clerk was asked to schedule the matter for Public Hearing. OTHER ; REQU_ESTS.FOR Planning Director.Ronald Hall reviewed a number of AMENDMENTS TO THE let=ters which had been .received -, but held for Council's. ENVIRONMENTAL review at one time. The Council determined to all DESIGN :PLAN of the requests to the Planning Commission, with the exception of the request for modification to the Envi- ronmental'Design Plan submitted by William K. Murphy for, the Watson Ranch in the Denman Flat .area the request by 'William `White for relocation of the airport, • and a request by Dean -- Merrick for extension of Copeland Street. There was discusson.on the proposals submitted by William Murphy for the -lands of the Petaluma Golf and Country Club and the Watson Ranch, which would provide for a semi = private golf facility on the Watson Ranch site: The Council deter- mined ,to delay, the matter until they had received the report from the Golf Course Committee. Councilman Hlligoss, advised ,the.Recreaton, Music and Parks Commission had reviewed.the matter, Mr. Murphy stated he.had, been discussing the project with Ed Robert, Chairman of the Golf Course Commi,ttee,.and with the City staff. Community Development and Services Coordinator Frank Gray suggested the Council could delay action until the Golf Course Committee report is received, then the request could be sent to the Planning Commission at that time. 5 , May 22, 1978 AUTHORIZE CITY ATTO.RNEY Attorney Larry Klose stated the resolution.before TO COMMENCE: ABATEMENT the :Council would 'give him authorization to.proceed with PROCEDURES - =AL STACK:, legal action if the .wreck ng,yard 'located at'850 Lakeville. 850 LAKEVILLE STREET• St-ree.t• is not, cleaned, up and, does not meet the requirements RES #8205 NCS' of the Use Permit., In .th_e, pas't, "the strategy was to bring the matter up tor. review of :the Use. Permit. The resolution before the Council would.give Mr.. Klose the authority to proceed to the nuisance.. Mr. Barry "Parkinson spoke, :on behalf of A•1 Stack and advised Mr. :Stack has been trying to comply in the past two :or. three weeks to remove the vehicles ,from the area., He is running into difficulty finding a .place to store the wrecked autos:. The City Attorney stated the resolut =ion would be an instrument which would give' him the authority in case it is ..needed. 'He •would not proceed with legal action if..Mr. Stack cleaned up 'the property. Resolution 48;20,5 N.C.S. directing the City Attorney to commence abatement procedures:, zoning violations, Al, Stack =501akeville Street, Petaluma, was introduced by Councilman Balshaw, seconded by, Councilman Bond,. and adopted by 4 affirmative and.3 absentee votes. y p _. REVIEW COUNTY =WIDE Community Develo meat and Services Coordinator Frank INDUSTRIAL AND Gray advised.the,report presented to the Council ,is a COMMERCIAL STUDY;, culmination of the General Plan of. the County. The, TASK. FORCE,REPORT Board wanted to determine if industrial and commercial elements could be implemented. A task :fo:rce was set, up to desgn„ the scope of' the study to; do a. which would integrate the entire County. The major recommendations, made by the task force included the 'need.for.a comprehensive set of.policies for guiding the t a comprehensive study"ofnthefCounty 's.Economic�Base, p development; , amount timing and phasing to prospects f;or_ . future economic growth,' and - the means to achieve economic growth,potential;. The third recommendation is for' the City, Councils and, the Board of :Supervisors to. review and adopt a detailed,work: program for the industrial and commer -.ial study. Fourth, the study should be completed as quickly as possible. Presently ,. development - is, teing done on a:: °piecemeal basis. The final.study could define areas in the County where certain types._of commercial and indus- trial.development could occur in an orderly manner.. Mr. Richard Lehtinen.of the Sonoma .County Planning, Dep:artment, advised the County's Economic Development Board has' only. the Director, Harold Pe4'ers6ri,, and one staff member and the Board is hampered:.by the ;lack of cognizance of each of the jurisdictions. The _thrust of the County, -wide plan would be to divert indus- trial development away from the unincorporated areas into the cities. Mr.. Lehtinen also stressed it is important to.try ,to,loca.te industries within the County to provide employment for: its. citizens.. Frank Gray stated the' report would indicate: where,,.the, best, locations 'would be for certain types of development,.. It would.also indicate where transportation, water, utilities.,, etc,., would be,availabie to serve either commercial or industrial development. It would create a spirit of cooperation within the County, and' allow the. County of Sonoma. and its cities to compete with other - Bay Area counties :, and not with each other ... The County of Sonoma is taking the responsibility for the coordination of the 'report,. and.Mr.,. ' Gr,ay stated he felt the City of 'Petaluma should participate in the process. At this point in.time, the only cost,to the 11 City would be in the form of staff .time. The, only thing being done 'at the present is to look at the scope of the study 1 The Council took no action on the matter, and.Mr. Gray suggested this maybe. s'omething.that .could be discussed at the and Councilmen "s Association Meeting sometime in tlie. future. ADD CHAPTER ,13,..3`4. TO City Attorney Larry Klose stated the document before the MUNICIPAL CODE-TO Council is an enabling ordinance which would :..allow the PERMIT _PUBLIC IMPROVE- City' to form _cer..tain, benefit districts for the construction MENT BENEFIT'DISTRICTS of of'f- site.imp.rovements, such as the Rainier. Avenue ORD 41130'3 NCS' Intercheange which had been discussed at a previous Counc ^il:M eeting. May 22, 1978 ADD,CHAPTER 13.34 TO The next step after the adoption of the ordinance would MUNICIPAL CODE TO be to adopt legislation which would outline the boundaries PERMIT PUBLIC IMPROVE- for a particular district. MENT BENEFIT DISTRICTS ORD #1303 NCS City Engineer David Young stated. improvements would have (Continued) to cost at least,$50,000 bef.ore.they could qualify for a benefit district. Ordinance #1303N.C.S. adding. 'Chapter 13.34 to the Petaluma Municipal Code•to permit'. the City of Petaluma to establish public improvement benefit districts for the cons,trud on of.off -site improvements made necessary by a.future sub - division or other future development of. land., was.introduced by Councilman Balshaw,'seconded by Councilman Bond, and ordered published by 4 affirmative and 3 absentee votes. ADJOURNMENT There being no.further business to come before the Council, the meeting was adjourned at 12:20 a.m., May 23, 1978. Mayor Attest: { ity Clok 1 9