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Home My WebLink AboutMinutes 09/02/1975M MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA SEPTEMBER 2, 1975 COUNCIL MEETING Regular meeting of City Council was called to order by Mayor Helen Putnam at the hour of 7:30 p.m. ATTENDANCE Present: Councilmen Brunner, Harberson, Hilligoss, Mattei, *Perry, and Mayor Putnam. Absent: Councilman Cavanagh. *Councilman Perry arrived at 9:00 p.m. Agenda Item #2 ABC Application of Jean Allen for on -sale general ABC APPLICATION-- public premises license for Jim's Place, 927 Petaluma JIM'S PLACE Boulevard North, approved by the Chief of Police, Chief Building Inspector, and County Health Officer, sub- - mitted and filed. ` Agenda Item #3 Resolution #7103 N.C.S. denying claim of Luis Botelho CLAIM DENIAL =- dated August 28, 1975, for personal injuries was intro - LUIS BOTELHO duced by Councilman Harberson, seconded by Councilman RES #7103 NCS Hilligoss, and adopted by 5 affirmative votes, 2 absentees. Agenda Item #4 Resolution #7104 N.C.S. denying claim of Robert-A. .►` CLAIM DENIAL -- Donofrio, for Michael Donofrio, a minor, dated August 1 ROBERT A: DONOFRIO 28,,. 1975, for personal injuries was introduced by FOR MICHAEL DONOFRIO Councilman Harberson, seconded by Councilman Hilligoss, RES #7104 NCS and adopted by 5 affirmative votes, 2 absentees. Agenda Item #5 Resolution #7105 N.C.S. approving Goals and Timetables / AFFIRMATIVE ACTION for the Affirmative Action Plan was introduced by PLAN Councilman Harberson, seconded by Councilman Hilligoss, RES #7105 NCS and adopted by 5 affirmative votes, 2 absentees. Agenda Item #6 Resolution #7106 N.C.S.'setting public hearing date PUBLIC HEARING (September 15, 1975), for the purpose of considering FOR REZONING 161 reclassifying Assessor's Parcel #8 - 510 -08, consisting GRANT AVENUE of approximatly 2.91 acres, from a R -1 -6,500 (Single - (DeBel) family Residential - 6,500 sq. ft. minimum lot) District RES #7106 NCS to a R -1- 20,000 (Single- family Residential - 20,000 sq. ft. minimum lot) District for property located at 161 Grant Avenue, Petaluma (DeBel), was introduced by Councilman Harberson, seconded by Councilman Hilligoss, and adopted by 5 affirmative votes, 2 absentees. INVOCATION Reverend Herbert Bauck, United Church of Christ, gave the invocation. APPROVAL OF MINUTES Minutes dated August 18, 1975, and attached correction dated September 2, 1975; were approved as recorded. COUNCIL REORGANIZATION APPOINT VICE -MAYOR Resolution #7101 N.C.S. appointing Councilman Fred V. RES #7101 NCS Mattei as Vice - President of the City Council was intro- duced by Councilman Harberson, seconded by Councilman Hilligoss, and adopted by 5 affirmative votes, 2 absentees. APPOINT COUNCIL Resolution #7102 N.C.S. appointing Councilman Jack W. 10��'� REP TO WATER Cavanagh, Jr., as Council Representative to the Water COMMISSION Commission was introduced by Councilman Mattei, seconded RES #7102 NCS by.Councilman Brunner, and adopted by 5 affirmative votes,.2 absentees. CONSENT CALENDAR A motion was made by Councilman Harberson, seconded by - Councilman Hilligoss, approving Items #2 through #9 of the Consent Calendar, adopting the resolutions and - filing the ABC application. Motion carried by 5 affir- mative votes, 2 absentees. Agenda Item #2 ABC Application of Jean Allen for on -sale general ABC APPLICATION-- public premises license for Jim's Place, 927 Petaluma JIM'S PLACE Boulevard North, approved by the Chief of Police, Chief Building Inspector, and County Health Officer, sub- - mitted and filed. ` Agenda Item #3 Resolution #7103 N.C.S. denying claim of Luis Botelho CLAIM DENIAL =- dated August 28, 1975, for personal injuries was intro - LUIS BOTELHO duced by Councilman Harberson, seconded by Councilman RES #7103 NCS Hilligoss, and adopted by 5 affirmative votes, 2 absentees. Agenda Item #4 Resolution #7104 N.C.S. denying claim of Robert-A. .►` CLAIM DENIAL -- Donofrio, for Michael Donofrio, a minor, dated August 1 ROBERT A: DONOFRIO 28,,. 1975, for personal injuries was introduced by FOR MICHAEL DONOFRIO Councilman Harberson, seconded by Councilman Hilligoss, RES #7104 NCS and adopted by 5 affirmative votes, 2 absentees. Agenda Item #5 Resolution #7105 N.C.S. approving Goals and Timetables / AFFIRMATIVE ACTION for the Affirmative Action Plan was introduced by PLAN Councilman Harberson, seconded by Councilman Hilligoss, RES #7105 NCS and adopted by 5 affirmative votes, 2 absentees. Agenda Item #6 Resolution #7106 N.C.S.'setting public hearing date PUBLIC HEARING (September 15, 1975), for the purpose of considering FOR REZONING 161 reclassifying Assessor's Parcel #8 - 510 -08, consisting GRANT AVENUE of approximatly 2.91 acres, from a R -1 -6,500 (Single - (DeBel) family Residential - 6,500 sq. ft. minimum lot) District RES #7106 NCS to a R -1- 20,000 (Single- family Residential - 20,000 sq. ft. minimum lot) District for property located at 161 Grant Avenue, Petaluma (DeBel), was introduced by Councilman Harberson, seconded by Councilman Hilligoss, and adopted by 5 affirmative votes, 2 absentees. 4 8 September 2, 1975 Agenda Item - #7 Resolution #7107 N.C.S. accepting completion of the Agenda RIVER work re Petaluma River Dredging Site and Dike Con- DREDGING SITE & struct- ion - Project #RS 3 -73 was introduced-by Councilman DIKE CONSTRUCTION Harberson, seconded by Councilman Hilligoss, and adopted PROJECT ; #RS 3 -73 by 5 affirmative votes, 2 absentees. RES 47107 NCS Agenda Item #8 WATER SYSTEM t o IMPROVEMENT PROJECT (FAIRGROUNDS) RES 47108 NCS Resolution 47108 N.C.S. authorizing the Mayor to execute a;.supp ement to State Agreement, Contract 445 -74, Water System Improvement Project #WD- 1 -73 -1 (Fairgrounds) modifying contract amount was introduced.by. Councilman Harberson, seconded by Councilman Hilligoss, and adopted:by 5 affirmative votes, 2 absentees. Agenda Item #9 Resolution 47109 N.C.S. approving local agency /state AGREEMENT RE FAU agreement #4 covering the Federal Aid Urban System ® SYSTEM PROJECTS projects in the City of Petaluma and authorizing the RES 47109 NCS Mayor to sign said agreement was introduced by Council - man Harberson, seconded by Councilman Hilligoss, and adopted by 5 affirmative votes, 2 absentees. WESTRIDGE SUBDIVISION Letter dated August 21, 1975, :from Jacob D. Lehrer, #1, LOTS #1 -54 Executive Vice - President, Debra Homes, Inc., requesting permission to-allow occupancy of homes on Lots #1 through #54 in Westridge Subdivision #1 was submitted and filed. Memo.dated August 29,1975, from Thomas S, Hargis, Assistant -City Engineer, re status of Westridge Subdivision Unit #1 submitted and filed. Letter.received.September 2, 1975, from Cecil A. Bonneville, presently residing, at the Skylark Motel in Novato, requesting permission to occupy home in the Westridge Subdivision #1 submitted and filed. Director of Environmental Affairs Frank Gray recommended the Council permit occupancy of homes on Lots #1 through 448; however, there are minor corrections which -the developer- has agreed-,to repair. Public improvements should be com- pleted within two- weeks. Planned Unit Development conditions which include lawns, trees, etc., are adequately being met as units are occupied. He'also recommended no further occupancy be permitted until public improvements are accepted by the Council and the Sonoma County Water Agency. In answer to Jacob D. Lehrer, representing Debra.Homes, Inc., requesting per - mission.for of homes on Lots 449 through 454, Mr. Gray informed the Council was possible subject to Certificate of Occupancy from the-Chief Building Inspector. City Manager Robert Meyer strongly urged that no occupancy dates be given to prospective residents of the Westridge Subdivision until all public improve ments are approved by the City Council. Councilman Harberson felt tle ice of developers promising occupancy before completion of necessary public improve- ments and safety requirements is approved by the City was deceptive and caused unnecessary stress and inconvenience to prospective occupants. Members of the audience were; giventitheyopp ortunity to express any complaints they. may . - have regarding the matter. Councilman Mattei reminded the Council and audience of previous problems created by permitting- occupancy before City's.appr.oval of certain requirements and explained the City's intent to' protect the homeowners. A.motion was made by Councilman seconded Councilman Brunner, ap- proving_oc'cupancy of homes on, Lots #1 through 448 and, subject to a Certificate of Occupancy', the model homes -on Lots X649 through #54 1n Westridge Subdivision Unit #1 with the- stipulation that no further occupancy be allowed beyond'Lot 454 until public improvements are accepted.by the City and the Sonoma County Water Agency. .Motion - approved by 5 affirmative votes, 2 absentees. September 2, 1975 ANIMAL CONTROL Letter dated August 26, 1975, from Fred W. Lamke, 1000, ORDINANCE COMPLAINT regarding enforcement of animal control in the City of Petaluma and memo dated, August 28, 1975 to,City Manager Robert H,. Meyer'from.Planning Director Dennis Boehlje, defining coverage of "Kennel" in the Zoning Ordinance submitted and filed. Mr. Fred W. Lamke, 1160 Baywood Drive,.Petaluma, addressed the Council relating his past experiences and encounters with dogs. An article in the local news - paper..coyering the appearance of Mr. John Sanchez at the August 4th Council meeting, objecting to the_la_ck of exercise areas in the City for dogs, reminded Mr. Lamke of an unfortunate encounter with Mr._Sanchez's -dogs; thus,-reviving his interest in dog control laws. Mr. Lamke complained City laws regulating dogs are not adequate and suggested improvements. In answer to Councilman Harberson, he specifically recommended Petaluma Municipal Code, Section 9.04.02 be amended by inserting after the.word "leash ".the words "'and under full control" .(Ordinance #1132 N.C.S.), and also suggested owners be responsible for disposing of their an-imal's.waste matter. The matter of Mr. Sanchez's 24 dogs being allowed to reside in a residential district was briefly discussed. Mrs. Linda Lamke, Mr. Lamke's daughter -in -law, requested clarification regarding the one violation ticket issued to Mr. Sanchez when there were several dogs out of control - -the officer responding to the call found only one dog loose. A brief..discussion ensued regarding the enfo.rcement_of the "kennel law" con - tainedn the-Zoning Ordinance. In answer to questions from the Council, City Attorney Matthew_Hudson explained the kennel law.beng included in the Zoning Ordinance might be difficult to enforce, and that a separate ordinance would be more direct and concise. The City Attorney was then requested to review current kennel regulations for possible clarification in Zoning Ordinance. The Mayor invited Mr. Lamke'.s assistance in reviewing the leash law and kennel law with the City Attorney recognizing his.previous research in the subject of animal control; whereupon; a:motion was made by.Councilman Mattei, seconded by Councilman Brunner, directing the City Attorney to ,take; necessary action to enforce regulations defined in the Zoning.Ordinance•_limiting dogs to three or less in zoned residential areas. Motion approved by 5 affirmative votes, 2 absentees. REZONING 709 -711 Planning ommission.Resolution #Z8 -75 recommending the g g PETALUMA BLVD NORTH proposed.rezoning;.Planning Commission Minutes.dated (NOLES'). August 5, 1975; and,. Department. of Community Develop -. ORD #11$6 NCS ment staff report regarding the.rezoning application of (SECOND READ David A. Noles, submitted and filed.. After a brief review of the proposed rezoning by.Planning Director Dennis Boehlje, Mayor Putnam declared the public hearing opened. There were no written communications rece'ived;..however, Mr. Frank.Lazia, 34 Cherry Street, addressed the Council requesting clarification of property enclosed by a. dark line on.the map used for reference by.Mr. Boehlje. when reviewing the proposed. rezoning. Mr. Boehlje informed Mr. Lazio.that the property.withiii the line indicates parcels of property.whose owners are to be .notified prior to rezon- ing. There being no further comments from the audience, Mayor Putnman declared the public hearing closed. Ordinance #1186 N.C.S., introduced by Councilman.Mattei, seconded by Councilman Cavanagh,- amending Zoning.-Ordinance #1072 N.C.S..by_ reclassifying a ,portion of A.P. #6- 092 -08 from an R- C, Single- family Residential „District.to a C- H, Highway. Commercial.,_ District located. at 709 -711 Petaluma Boulevard North (Noles).was adopted by 5 affirmative.votes,, 2 absentees. (Effective.October 2, 1975). REZONING- =NEAR Plann Commission Resolution Z7- 5 recommending the g �� 7 g 5 WEST,STREET proposed rezoning; Planning Commission Minutes dated (DICKSON HILL) August 5„ 1975; and, Department of:Community Develop - ORR #118,7 NCS ment staff report dated July.29, 1975, regarding re- (SECOND READING) zon'ing.application of Ron M. and Hannah.J. Nunn, submitted and filed. 5 0 September 2, 1975 REZONING - -NEAR WEST STREET (DICKSON 'HfLL) ORD #1187 .NCS. ( SECOND READING) (Continued) Planning Director Dennis Boehlje explained that the proposed.rezoning would reduce the number of residen- tial lots from 7 to 4. He further explained Mr. and Mrs. Nunn-requested the property be rezoned to four larger lots for financial reasons. At this time, Mayor Putnam declared the public hearing open. There were no written communications received; however, Mr. Tom Gaffey, 880 West Street, requested clarification of financial responsibility.of the private 'road allowing access to his property and to the proposed Planned Unit District development. Mr. Boehlje..responded that the developer of' property.is responsible for construction of the street and a maintenance agreement has been filed. There being no further comments from the audience, the Mayor declared the public hearing closed. Ordinance #1187 N.C.S. introduced by Councilman Hilligoss, seconded.by Council- man Cavanagh, amending Zoning Ordinance 41072 N.C.S. by' reclassifying A.P. #6- 412 - and A.P. #6- 421 -23 (consisting of approximately 2.09 acr;es).fr.om -a Planned Unit District - 7 residential lots = to a Planned Unit District -'-4 residential lots (Dickson. Hill_),''located off - of West Street was - adopted - by 5. affirmative votes, 2 absentees. (Effective October 2, 1975.) CLAIMS AND BILLS Resolution 467110 - N.C.S. approving claims and bills RES 467110 NCS X65388 t645486, inclusive, approved for payment by City Manager Robert H. Meyer was introduced by Councilman Harberson;,. seconded by Councilman Hilligoss, and adopted by 5 affirmative votes, 2 absentees.. �j COMMUNITY DEVELOP r Z l MENT ACT -- PRIORITY , PROJECTS �Q�" RES #7111 NCS 4010 X A . The Council briefly reviewed Planning Depart ment'report to City Manager dated August 29, 1975,. on Community Development Act suggested priority project's to be applied for under Title I. Said report submitted'and filed." ( After•.a discussion concerning the construction of sidewalk ramps for the physically handicapped.and objections to the funds for-Planning studies, Planning Director Denn"is_Boehlje explained the funds requested for Planning studies included in the application-were-the recommendation of'HUD to cover administrative costs;.whereup "on, Resolution #7111 N.C.S. was introduced by Mayor Putnam, seconded by Councilman•Harberson, and adopted by 3 affirmative and 2 negative votes, 2 absentees. Councilmen Brunner and Mattei voted "no ". PETALUMA PUBLIC Councilman Brunner called on Dorothy Bertucci,'Petaluma t,3 LIBRARY member, to report on the change V�f order removing -the vault in the new Petaluma Public. Library. -Mks: Ber -tucci addressed--the Council explain- ing the;new.Library will gain 1,500 square feet which will be developed to provide a semi- private area which will probably be used for - public reference materials needing supervision. Councilman Brunner informed the;Council the matter was being brought to their attention because there will be an $1,800 expenditure. A motion was made by Councilman Brunner, seconded by- Councilman Hilligoss, approving Items 461 and 462 of the Change Order submit- ted Dick.Leb, archi- tect, relating to the construction of the new Petaluma Public Library (approve $1,500 expenditure plus an amount not to exceed $300 for electrical work). Motion - carried by 6.affirmative votes,- l.absentee. Councilman Mattei requested an explanation from Mrs. Bertucci regarding the revenue sharing monies allocated to certain Sonoma County libraries, pointing out Petaluma,'s share was only $20,000. Mrs.. Bertucci reviewed the history of the Revenue Sharing funding program for Sonoma County libraries. A discussion folllowed which finally concluded with the opinion the City of Petaluma was adequately financing their library, therefore, the County has determined other cities require -more funds. It was pointed out construction of the new library in Rohnert Park will,greatly relieve the impact on the new Petaluma Public Library. September 2, 1975 PETALUMA PUBLIC Mr. Kenneth Wightman, former chairman of the.Petaluma LIBRARY Library Board of Trustees, addressed the Council rein - (Continued) forcing the opinion the City did not receive its proper portion of, revenue sharing. He reminded the Council the City .has an agreement with the Sonoma County Board of Supervisors .and` if they wish to submit a comment, he recommended be submitted.to the Board. City Attorney Matt Hudson was reque to.draft a letter to be reviewed by Mrs. Bertucci for her comments.. 5 1 - LUCCHESI PARK Councilman Harberson relayed _recommendations of the STORM,DRAINAGE Recreation, Music, and Parks Commission from IMPROVEMENTS a public hearing held August 13; 1975. The Commission recommended preparation of plans for storm drainge improvements with emphasis on the portion of the park, planned.for tennis courts, and that the plans be prepared.-by City 'staff, if possible.. There is $90,000 available.for improve- ments to, the park, and if this amount is not completely used for preparation of drainage plans,. the Commission recommended tennis courts be the first recreational equipment installed. Report dated August 28, 1975, from Thomas S. Hargis, Assistant City Engineer, regarding preparation of the plans for storm drain improvements for Lucchesi Park submitted and filed. Following a.brief discussion, the Council requested Assistant City Engineer Hargis to prepare a report submitting comparative costs for preparation of storm drainage improvement plans- -cost to the City for use of staff, cost of hiring an outside engineering firm, and other pertinent information to be submitted.to the Council. PETAL-UMA RIVER Assistant City Engineer Tom Hargis briefly explained DREDGING PROJECT the request by Browning- Ferris Industries for the use RE TIDE GATE of the.tide gate outlet system; whereupon, Resolution OUTLET.SYSTEM #7112 N.C.S. authorizing the Mayor.to execute an agree - RES 47112 NCS ment with Browning- Ferris Industries for the use-of the tide gate outlet system installed as part of the dredg- ing.spoils site dike construction project.,, was intro- duced by Councilman Perry, seconded by Councilman Hilligoss, and adopted by 6 affirmative votes, 1 absentee. PRIVATE STREET, 161 GRANT AVENUE (DeBEL) RES 47113 NCS . After a brief explanation from Planning Director Dennis 1q4 Boehlje, Resolution #7113 N.C.S. approving private - street (Andre and Patricia Jo DeBel, 161 Grant Avenue) was introduced Councilman Perry, seconded by Council- man Brunner, and adopted by;6 affirmative votes, 1 absentee. Planning Commission Resolution #14 -75- recommending approval of private street; Planning Commission minutes dated August 19, 1975. ;.and, Planning Department staff report dated August 13, 1975 submitted and filed. POLICE DEPARTMENT-- Report dated August 29, 1975, from Police Chief Larry UPDATE RADIO SYSTEM Higgins explaining his request.for updating the Police RES #7114 Radio System.submitted and filed: After a brief dis- rr cussion, the Council agreed-specifications of .the items listed in Chief Higgins report be prepared for- bidding; with the repair of the radio antenna being included as an alternate bid; where- upon, Resolution #7114 N.C.S. reapproving the update of the Police Radio System was introduced by Councilman Harberson, seconded by Councilman Perry, and adopted by 6 affirmative votes, 1. absentee. REZONING, 161 Ordinance 41190 N.-C.S. amending Zoning.Ordinance 441072 GRANT AVENUE N.C.S. by reclassifying A.P. #8- 510 -08, consisting of (DeBEL) approximately 2.91 acres, from a R -1 -6,500 (Single - ORD #1190 NCS family Residential, 6,500 square feet minimum lot) District to a R- 1- 20,000 (Single- family Residential, 20,000 square foot minimum lot) District for property located at 161 Grant Avenue (DeBel) was introduced by Councilman Perry, seconded by Councilman Hilligoss, and ordered published by 6 affirmative votes, 1 absentee. 5- September 2,. 1975 AMEND ANNUAL Ordinance X61188 N.C.S. amending Ordinance 41177 N.C.S. APRkORPUATION to provide additional appropriations for the fiscal ORDINANCE 461177 NCS year ending June 1976, was introduced by Councilman -- RECREATION Harberson; seconded by Councilman Mattei, and adopted ORD 461188 NCS by 6 affirmative votes, absentee. (Ordinance con - (SECOND READING) tains emergency clause, effective date is September 2, 1975.) TAX RATES -- FISCAL Ordinance 461189 N.C.S. levying rates of taxation upon YEAR 197 -76 the assessed valuation of the property in the City for ORD 46118.9 NCS the fiscal year July 1, '197 5, to June 30, 1976; was (SECOND'READING) introduced by Councilman Mattei, seconded.by Councilman Perry, and adopted °by.6 affirmative votes, 1 absentee. (Ordinance contains emergency clause, effective date is September 2', 1975.) ADJOURNMENT There being no further business to come before the Council, the'meeting' was adjourned at 9':50 p.m. to an executive session. Attest: K _ .u-ty- City Clerk 1 1 1