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HomeMy WebLinkAboutMinutes 09/15/197555 MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA SEPTEMBER 15,,, 1975 . COUNCIL MEETING The regular meeting of the City Council of the City of Petaluma was called to order by Mayor Helen Putnam at the hour of 7:30 p.m. ATTENDANCE Present: Councilmen Brunner, .Cavanagh, Harberson, Hilligoss, *Perry, and Mayor Putnam. Absent: Councilman Mattei. *Councilman Perry arrived at 7:35 p.m. INVOCATION The invocation was given by Reverend Richard McMillan, - Christian Missionary Alliance Church. - APPROVAL OF MINUTES The minutes of August 25, 1975, and September 2, 1975, were approved as recorded. CONSENT CALENDAR Councilman Cavanagh requested clarification on Consent Calendar Items #2 and #9: He felt Item #2 (A claim for p- ropert.y damages submitted by August Lepori) was not a routine claim and referred.to a statement in the claim indicating the City accepted responsibility for damages. A memo from Public Works Superin- tendent Roy Kelly did not support claimant's statement; therefore, the Council agreed to leave the item on the Consent Calendar for Council action. In answer to Councilman Cavanagh's queries regarding Item #9, it was under- stood the Council's requested changes were included in the specifications for the intracity bus system plan. Also, the Council had previously agreed not to include bus service to Leisure Lake Mobile Home Park at this time. Bus service for the Leisure Lake area will be considered at a later date if the need arises. A motion was made by Councilman Harberson, seconded by Councilman Perry, approving Consent Calendar Items #1 through. #11., adopting resolutions. Motion carried 6 affirmative votes, 1 absentee. Agenda Item #1 Resolution #711.7 N.C.S.. denying claim of Sandra Jean CLAIM DENIAL -- Shuteroff for personal injuries was introduced by SANDRA JEAN Councilman Harberson, seconded by Councilman Perry, SHUTEROFF and adopted by 6 affirmative votes, 1 absentee. RES #7117 NCS 0 Agenda_ Item #2 Resolution #7118 N.C.S. denying claim of August Lepori, � CLAIM*DENIAL -- et al, for property damages was introduced by Council - AUGUST LEPORI, man Harberson, seconded by Councilman Perry, adopted ET AL by 6 affirmative votes, :1 absentee. RES #7118 NCS Agenda Item #3 Resolution #7119 N.C.S., authorizing the Mayor to sign w �3 HOUSING AND Title I Application regarding Housing and Community �•� COMMUNITY DEVELOP- Development Act of 1974 was introduced by Councilman MENT ACT OF 1974, Harberson, seconded by Councilman Perry, and adopted TITLE I by 6 affirmative votes, I absentee. RES 47119 NCS�7 Agenda Item 444 Resolution 47120 N.C.S.. setting a public hearing date REZONING -- (October 6, 1975) for the purpose of considering WASHINGTON AND reclassifying a portion of A.P. #6- 274 -23 from R -M -G KELLER STREETS (Garden Apartment Residence) District to C -C (Central (SIERRA. NATIONAL Commercial) District, consisting of 0.153 acre located BANK) 101.'91feet north of the intersection of Washington and RES #7120 NCS Keller Streets'(Sierra National Bank) was introduced by Councilman Harberson, seconded by Councilman Perry, and adopted by 6 affirmative 1 absentee. :� September 15, 1975 Agenda Item #5 Resolution #7121.- N.C.S. authorizing the Mayor to sign AGREEMENT -- the Maestr-etti Parcel Map agreement with.Oliver Kullberg, MAESTRETTI PARCEL Margaret : Kullberg, Isolena• Maestretti, and Philip MAP Joerger for lands on Stony Point. Road near Petalum RES 97121 NCS Boulevard North was introduced by Councilman Harberson, seconded by Councilman Perry, and adopted by 6-affirmative votes, 1 absentee.' Agenda Item #6 Resolution 97122 N.C.S. authorizing the Mayor to sign AGREEMENT - -NUNN parcel map agreement with Ron M. Nunn and Hannah•J. PARCEL MAP. Nunn, his wife, for- Dickson Hill, located off of West (DICKSON HILL) Street, was introduced by Councilman Harberson; RES 97122 NCS seconded by Councilman Perry, and adopted by 6 affir- mative votes, 1 absentee. Agenda Item #7 Resolution #7123 N.C.S. of appreciation to the Petaluma PETALUMA ROTARY Rotary Club for donation to the McNear Park Tennis / CLUB RE MCNEAR Courts was introduced by Councilman'Harberson,' PARK TENNIS COURTS by Councilman Perry, and adopted by 6 affirmative RES 97123 NCS votes, 1 absentee. Agenda Item #8 Resolution 97124 N.C.S. adopting Emergency Operations l EMERGENCY Plan was introduced by Councilman Harberson, seconded OPERATIONS PLAN by Counc lman'Perry, and adopted by 6 affirmative RES - #7124.NCS votes, 1 absentee. Agenda Item 969 Resolution 0 125 N.C.S. approving specifications for INTRACITY BUS intracity bus system and calling f'or.pr'oposals thereon SYSTEM SPECIFI- (Wednesday, October, 15, 1975, '2:00�p.m.,) was introduced CATIONS' by Councilman Harberson,- seconded by Councilman Perry, RES 997125 NCS and adopted by 6 affirmative votes, 1 absentee: Agenda-Item 9 10 Resolution 97126 N.C•.S. authorizing the 'City Manager (p INDEPENDENCE DAY to sign :Sta,te permit for use of fairgrounds facilities CELEBRATION for the Independence Day Celebration Program for - 1.976 PROGRAM, 1976 was introduced.by Councilman Harberson, seconded.by RES 97126 NCS Councilman Petty, and adopted by 6 affirmative votes, 1 absentee. Agenda Item 911 Resolution .97127 N.C.S. authorizing the City Manager.. (� RECREATION to sign 'State Permit for use of Fa- irgrounds buildings CLASSES-- for Recreation classes was introduced by Councilman FAIRGROUNDS Harberson,•seconded by Councilman Perry,, and adopted BUILDING by 6 affirmative votes, l absentee. RES #7127 NCS IN REZONING:, 161 Planning Commission Resolution #Z9 =75, recommending / GRANT AVENUE approval of the - proposed rezoning; Planning Commission (DeBEL) Minutes dated August 19, 1975; and,, Planning Depart - ORD 91190 NCS ment staff report dated August 13,' 1975, regarding (SECOND:READING) rezoning application of Andre and Patricia Jo DeBel submitted and filed. Planning Director Dennis Boehlje explained the proposed rezoning was at the request of the Planning Department in order to restrict useage of the private street by limiting lots, and rezoning is a condition of approval for the parcel map. The property will be divided into 4 single- family residential lots - -3 approximately 1/2 acre each and 1 lot approximately l acre. The Mayor called the public hearing open. There were.no written communica- tions received. and no. comments from the audience•; therefo -re', the -Mayor de- clared the public.hearing closed. Ordinance 91190 N.G.S. amending Zoning* Ordinance 91072 N. C'. S.. by reclassifying A.P. #8- 510 -8 consisting of approximately 2.9 acres, from an R- 1- 6,500 (Single- family_ Residential-- 6,500 Foot Minimum Lot) District to an R- 1- 20,00.0 (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 adopted by 6.affirmative votes, 1 absentee. September 15,, 1975 CLAIMS AND BILLS Resolution #7128.N.C.S.- approving claims and bills RES #7128 NCS #5487_to - #5620,.inclusive, and #3039 to #3066, in- clusivej_approv.ed for.payment by the City Manager was .introduced_by Councilman Perry, seconded by Councilman Brunner, and adopted by 6 affirmative votes, 1 absentee. LUCCHESI PARK City Engineer David Young infomed the Council the STORM DRAINAGE Engineer Department staff .is prepared to .survey and IMPROVEMENTS design grading and drainage plans for Lucchesi Park. Due to economic reasons, he suggested no major grading ...be considered and that funds be directed to con- struc.tion improvements instead of design fees. Mr'. Young referred to the Engineer_.De.partment's last Program of 'Service wherein -it mentioned $300,000 of construction projects could be designed by the staff. These projects are to be selected by the 'Council. The Council then directed the City Engineer to proceed with the preparation of grading and drainage plans and general design of Lucchesi Park. COUNTRY CLUB WATER TANK SITE surrounding the Country purchase the property. 5 Councilman Cavanagh, representative on the Water ` Commission, reported the Water Commission declared �� the Country Club -water tank site as surplus property. Mr. Aubrey Sanderson, owner of the property completely Club water tank site, has requested permission to A brief discussion ensued regarding the,disposition of the property. City Engineer David.Young confirmed that the property would be of no use to either Sonoma County Water Agency or the City of Petaluma as a storage tank site. The Council directed City Attorney Matthew Hudson to research the procedure for possible disposal of the property. LEGISLATION AFFECTING CITIES A.B. 700 City Attorney.Mafithew Hudson briefly explained the RES #7129 NCS proposed Assembly Bill 700, also known as the Peace Officer's Tenure Act: After citing two examples that could jeopardize the City's effectiveness in disciplin: ing its Police Officers. -Mr. Hudson urged.the Council to indiv- idually write or contact the Governor opposing this bill; whereupon, Resolution #7129 N.C.S. urging the Governor to veto Assembly Bill 700 was introduced by Councilman Perry, seconded by Councilman. Cavanagh, and adopted by 6 affirmative votes, 1 absentee. A.B. 11 The Council briefly discussed Assembly Bill 11 which proposes comprehensive revisions to City's right of eminent domain. Before forming an opinion on the bill, the Council requested City Attorney Matthew Hudson research the bill further and report to the Council on his findings. S.B. 662 City Attorney Matthew Hudson reviewed the "Business License Tax Exemption for Out -of -town Highway Improve: -. ment Contractors, S.B. 662 ". The Council agreed the bill was discriminatory and directed the City. Attorney write the Governor relaying.the Council's opinion of the bill. A.B. 625 Councilman Cavanagh reported Assembly Bill 625 was defeated, but Assemblyman Knox will attempt to intro- duce the bill next year. 6, SONOMA MOUNTAIN Community Services Coordinator Frank Gray informed A STUDY AREA the Council that in June this year Sonoma County RES #7130 NCS. began an <: eight -month study to explore possibilities _` of the-agricultural/open space land in the Sonoma'-Mountains. The -study area.is designated in the City's General Plan and the County's General Plan as open space and the County is requesting involvement of the City Council and staff. He further explained Sonoma County Ordinance #1915, adopted June 17, 1975, which designates 58 September 15, 1975 SONOMA MOUNTAIN certain parcels as 20 -acre, 40- acre,` and 60 -acre STUDY AREA zones to regulate lot splitting.during the eight - RES #7130 NCS month At the conclusion of the study, public (Continued) hearings will be held for permanent,.zoning. After a brief discussion, Resolution #7130 N.G.S. concurring with -the County of Sonoma's establishment of a "Sonoma Mountain Study Area" was introduced by Councilman Harberson,' seconded by Mayor Putnam, and adopted by 4'affirmative and 2 negative votes, 1 absentee. Councilman Cavanagh and Perry voted "no ". ART CADER RE Planning Director Dennis Boehlje reported he had .., AGRICULTURAL received a notice'from the Sonoma County Planning PRESERVE Department regarding a contract for Agricultural Preserve. Status for property located on Ely Boulevard North, belonging to Mr. Arthur J. Cader.. Memo dated September 12, 1975, from Planning Director Boehlje to City Manager on the request for agricultural preserve status submitted and filed. Mr. Boehlje recommended the Council adopt a resolution protesting the execu- tion" of a contract for 'agricultural' preserve status of the property to pr"o- tect the.City in case the property were annexed. This action will leave open an option of not succeeding to the Agricultural Preserve Contract if approved by the County. He also pointed out the property on Ely Boulevard is desig= nated for urban ,density residential'us'e in'the Petaluma General Plan. The Council discussed the desire to retain open "space and the intent of the Williamson Act; whereupon, Planning Dennis Boehlje was directed to study further the Williamson Act and' its 'effect on the ' City -with regard to Mr. Cader "'s request. It was also suggested; that it might be beneficial to discuss the matter with -the executive officer of LAFCO. YOUNG AMERICA HOMES Planning Director Dennis Boehlje relayed the Planning RE DRIVEWAY WIDTH Commission's recommendation retain the present REQUIREMENT minimum driveway width required in the Zoning'Ordi- nance and that the matter be considered' in February during the annual review of the Ordinance. . Mr. Jack O'Neel expressed dismay at the additional expense to homebuyers. caused by Zoning Ordinance requirements such'as the 20 -foot wide driveways versus 16- foot wide driveways. He reminded the Council a few years ago the Zoning Ordinance stet requirements for 15 -foot sideyards and 10 7foot sideyards for access to backyards for parking boats, campers, etc., to keep miscellaneous vehicles off the street, which is one of the .reasons ;gven for the 207foot wide driveway requirements. These are minor items individually, but totally they substantially increase housing costs. He further informed the Council, a person cannot,qualify for a home in Petaluma at this time without an annual income of $15,000. Mr: O'Neel explained his intent is to inform the Council of the cost increase in the overal -1 construction of a home and the contribu- tion to that cost made by certain City requirements. After'a brief discus- Sion., the Council agreed with the Planning Commis'sion's recommendation to review the matter in February during the annual update of the Zonin'g,Ordi- nance (Planning .Commis.sion minutes dated September 3, 1975, ,including the Commission's recommendations, submitted and filed). REZONING WASHINGTON Ordinance #1191 N.. C.S. amending Zoning Ordinance AND KELLER _STREETS #1072 N.C.S.:by reclassifying a portion of A.Y. #6- (SIERRA NATIONAL 274 -23 from 'by (Garden Apartment Residence) BANK) District to C -C (Central Commercial) District con - ORD x{1191 NCS sisting of 0.153 acre located 101. "9,feet.north of the intersection of Washington and Keller Streets was introduced by Councilman Cavanagh, seconded by Coun- cilman H lligoss, and ordered published by 6 affirmative votes, 1 absentee. UNIFORM SWIMMING Ordinance #1192 N.C.S. adopting the 1973 edition of POOL CODE the Uniform,-Swimming Pool Code by reference and ORD #1192 NCS fixing.the penalties for.violation was introduced by Councilman Perry, seconded by Councilman' and ordered published by 6 affirmative votes, 1 absentee. September 15, 19:75 PUBLIC-HEARING- Resolution 47131 N.C.S. giving.notice of Public UNIFORM SWIMMING Hearing (November 3,..19 75) before the City Council of POOL CODE the City of Petaluma considering the adoption by the RES #7131 NCS City of the 1973 edition of the Uniform Swimming Pool Code was introduced by Councilman Perry, seconded by Councilman Hilligoss, and adopted by 6 affirmative votes, 1 absentee. REGULATE.SMOKING -- Ordinance #1193 N.C.S. to add Chapter 8.20 to Title 8 AMEND.CODE of the Petaluma Municipal C6de regulating smoking in ORD.#1193 NCS certain.places,was" introduced by Councilman Perry, seconded by Councilman Harberson, and ordered pub- lished by 4affirmative and 2 negative votes, 1 absentee. Councilman Brunner and Cavanagh voted no ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:20 p.m. to an executive session. Mayor Attest: B Cit Jerk 0