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HomeMy WebLinkAboutMinutes 01/21/1974MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA January 21, 1974 1 Council Meeting Regular meeting of the City Council of the City of Petaluma was called to order by Mayor Putnam at the hour of 7:35 o'clock p.m. Attendance Present: Councilmen Brunner, Cavanagh, Jr.. Daly, Harberson, Mattei, Perry, Jr., and Mayor Putnam. Absent: None. 7 Invocation Due to the absence of the Reverend Gale Fultz, First Southern Baptist Church, no invocation was given. Approval of Minutes The minutes of January 7, 1974, and January 14, 1974, were approved as recorded. Construction Industry V Mayor Putnam reported on the Court proceedings 53 Association vs City and decision rendered relative to the suit filed of Petaluma in the U. S. District Court by the Construction Industry Association, et al, against the City of Petaluma on its growth control policy. The case was heard before Judge Burke, Federal Building, San Francisco, January 14 -17, 1974.. After-hearing the case, Judge Burke rendered a decision on January 17, 1974, that'the City cannot impose a limitation on the number of residential units to be constructed. This ruling was-:-based on a constitutional issue. He also ruled- that the City has traditional and appropriate tools of authority- -such as the Zoning Ordinance,,annexation proceedings, etc., to process subdivisions; and, he reserved the right to hear..-any aggrieved person if it were felt that limitations were being imposed by the City. The Mayor and.a;:number of the Council members reported that numerous telephone calls and personal.-contacts have been made urging the City to appeal the case; however, it was indicated that this matter will be considered after the.Judge's written order is received and reviewed. Responding to questions on the City's position at this time, City Attorney Robert stated that at the moment the City-.does not know the pre - cise wording of the Judge's formal order. However; he emphasized the fact that the "500 limitation" is no longer in effect and that the City must review -all applications received since the control was imposed and that the applications be considered through normal pro - ces:ses, but that:everything is being held until the order:,i received. He pointed out that a suggested-30= day.;moratorium to provide time to fully review the -order is unnecessary as routine processing of applications will provide the sufficient time. The City Manager added that Mr. Robert Anderson, the City's attorney in the case, advise the -City within a few days on the procedure of accepting applications and meeting the Judge's order. In the meantime, the staff has been directed not to accept any applications. January 21, 1974 C Industry During the discussion, Councilman Brunner Assoc iat ion vs -City: stated-that-reportedly comments were made'by. Petal 'members the staff indicating that "even (continued) though the. loses the suit, we can make it so rough -for the builders that there will be no growth in Rbtaluma anyway." He felt that staff members making such remarks should be discharged immediately. The City Manager.stated that this.ma.tter will be checked wi- ;th Councilman Brunner- He also assured the Council that the sta will cooperate to carry out a ll.C,ouncil action. CONSENT CALENDAR It was agreed to delete Agenda. Item #2 from the Consent. Calendar for further Council study a by Counciilman seconded by Councilman- Mattei tap,proying . Ltems #1 and #-3 of the Calenda -.r ' Motion carried unanimously.. . Agenda Item #1 . The following applications were f.l;ed with C: AB. Bevera.g,e Control- and' approved .by the Police Chief, Buklding Inspector,, and Health Sanitarian:. Person to Person transfer. of Oh =sale Beer and Wine Eating .License from Walter E. and Else' Je tito Gabriel M:. and Suzanne M. Elicetche f'or 122'Washington Street. Survivor Spouse Tr'ans`fer of On-sale General' Public Pr'emi�ses License. to Hazel Andresen for .Andresen "s at 19' Wel stern Avenue - Exchange and ,Person to Person transfer of On - 1sale General E-a.tin ; g Place Licen e from bankel, James!, Joan,, and Kathryn O'Brien to Buell; and - Ora French for 2 "08 Petaluma Boulevard North - Agenda Item #3 Parking- -Civic Center Res #6501 NGS . ._Lakevi Annexation Res #6502 NCS o g�� Person to 'Per transfer Of Orr General E�a:ting Place from Betty J. and - Milton: L. - Lund ; to ; Daniel,, James Joan, and Ka O °Brien for the Old " Adobe . Room, 2`OO McDowell Boulevard South.. Resolution # 65,01 N.C.S authorriz; ng the . lim ting of parking around the Civic Center and authorizing tow. away, in certain instances was introduced by C-,ounc 'Harbertson, - seconded by Councilman Matte and adopted by 7 affirm ative votes. This being the time set •.to.'heat protests and comments on 'Lakeville Annexation 43 (City owned property) ; the public hearing; was de- calre'd open -. The City .Clerk reported that no written protests were received. No com._a ments were ,heard from the' floor' and the hearing was closed.. Resolution #650.2 N'.:C..S,.'approving the annexation of certain ' uninhabi °ted territory ,..designat'e'd , as "Lakeville 'An- nexation # 3 " to the C'it,,y of 'Petaluma was introduced by Councilman Daly, seconded by Co;uncilman:Harberson, and' adopted by '7 affirmative votes'., _ January 1974 Northeast- This being the time-set to hear protests and Annexation #9 comments on Northeast Annexation #9, the public Res #6503'NCS hearing was declared open. The City Clerk reported that no written protests have received. Acting Planner Frank Gray presented . a location map and explained that the purpose of the annexa- tion is to provide -a flood control channel re- quired by Sonoma County for Alderwood Subdivision. Councilman-Daly expressed opposition to the annexa- tion because of the present conditions relating to.growth control and because of'the fact that the annexation would open up additional dwelling units -.It.~ -was pointed: out.,, b,y the City Manager that the tentative map was approved by the Council and the final map cannot approved until-the subject'area•is annexed. It was the City Attorney.' s opinion that in light of Judge --Burke-'.s ruling -.a. refusal to annex the area could be-considered a� rus'e to carry on growth ---limitation.-..He•recommended that the Council consider the annexation favorably. In. response to Joyce Witte, 714 "B" Street, who asked annexation falls under the Appellate-Court's. as to the right of annexation - -not the City Council but to the people,Ithe City Attorney explained that the case involving the City of Napa does not apply as this annexation is not the subject of an i-ni•ti•ative , peti-ti'on . Withdraw Northeast Annexation #'9• From` _Penngrove Fire Protection District Res #6504 NCS 1250 GPM Fire Pumper The hearing was closed and Resolution #6503 N.C.S. approving -the annexation of certain un• inhabited -'.ter-ri•tory--designated as "Northeast Annexation• #9" •to •the• City of Petaluma was introduced • by-Counci•iman Cavanagh, Jr., seconded-by Councilman -Brunner, and adopted by 6 affirmative votes, and 1 negative. Councilman Daly voted "No." Resolution" #6.504 N.{C withdrawing a parcel of land•(Northeast Annexation #9) from,the Penngrove- Fire'Protection District purusant to the provisions of the Health and Safety Code - -.was ", introduced. •by Councilman Cavanagh, Jr.-; - seconded. -by' Councilman Brunner, and adopted -b'y 6 affirma'ti -ve and 1 negative votes.­- Councilman. -.Daly voted "No. Notice to bidders for the subject equipment , was - duly - published:- Report dated- January"21, 1974, from Fire Chief Joe Ellwood'on the -bi-d opening January 16, 1974, of -the subject equipment, submitted and filed. . Name . Amount Albro- -Egquipment.. Company $45,990 P.E.. Van, Pelt - ..,Inc. $45,813 Alternate Bid $44,239 Howe 'Fire�Equipment Company $44,142 w % F January 21, 19 1250 GPM Fire Mr. Ellwood••rep.orted that the bids are being Pumper ,.,reviewed and a recommendation will be presented (continued) to the Council-on February 1974. - , Re Transportation Letter dated January 12, 1974, from Norene System Campbell; Shirley.:Borland, and Nellie Schwartz stating- that -the transportation system in Petaluma is a'disaster area and that a good, system is needed mainly for the youngsters and oldsters, read and filed. — _ M - rs . Campbell appeared-be the Council to• complain about the transportation problems in the City and she suggested that a system be considered that :would­be subsidized by the City.'; Mrs. Schwartz -added that, the letter was a result of discussion with many other people and gr.oups,expressing,,a °vital need for an adequate s- ys °tem. Relating; to the transportation problem, Vice'- Ma.yor,'Cavanagh, Jr,. ,.,stated that the Council recognizes" the ;situatipn;; and in-an, effort to s-olve•• problem, t he Council the .Kaiser- Company to ;prepare a study on the matter. It .is - expected -that the report will be completed in late„kMarch with recommendations for Couh consideration. He. stated that there is one taxi . ,.in the 'City and that an application is being presented tonight for another taxi service.: He added that other types of bperations: are currently -being explored -such as the "Dial - A- Bus System" used in Benecia- Mr. Myrel Moss spoke of his plan& for a taxi service (application to be considered under Agenda Item- # -16): Upon conclusion of the discussion, the City Clerk was_ directed to'keep Mrs. Campbell and , Mrs - .••.Schwartz informed regarding the trans- portation -suittation.. :1 F Outside Sewer Fees Lette-r- , dated January 1.4, 1974, from Donald M. Van Dyke, 201 Purrington.Road, objecting to the �sema- ;annual outside. sewer charge and off;er:ing p "fitted and n rfiledfor Councl,consd'era- t Letter,.dated January 17,. 1.974, from Mr. Van Dyke stati that 'h'.e' will be unable to attend -the meetdhg. on January 21, 1 and that he be advised of Council action regarding his letter of January 14, 1974, read and filed. It was,agreed b,y the Council to notify Mr. Van Dyke that-hi request will be :held for considera,tibn after a �de'cislon has been received from the Court on the pending law- • Suit re outside Sewer charges �5 River Restaurant Letter dated January 17, 1974, from Walter .� Jeltsch, 400 West Street,'proposing a.river restaurant•in downtown•Petaluma read and filed. Mr. Jeltsch was present and he was referred -to the Planning-Department processing of his proposal. 7 January 21, 1974 Claims and Bills Resolution #650 N.C.S'. approving claims' and Res #6505.14CS bills #4830 -to #T4995, inclusive, and #2089, i.nclus- ive,.. - approved for payment by City Manager Robert Meyer, was introduced by Councilman llattei, seconded by Councilman Daly, and - adopted by 7 affirmative votes. Director.of Community Upon recommendation by the City Manager,_r, Development. Resb1ution- ir6506 confirming the ap- Res #6506 NCS pointinent o'f Frank B.' Gray as Director of Community Development was introduced by Councilman Mattei, seconded by Councilman Daly, and adopted by 7 affirmative votes. Law Enforcement and Chief'of- - Larry Higgins appeared before �z8 Filet Library - " -- the Council request $500 allocated in the Police Department Capital Outlay Budget for a law enforcement and film library which was marked for referral to the Council for approval of expenditure of 'funds. .He spoke of the need of the materials :for-the Police Department; whereupon, a motion was made by Councilman Perry, Jr., seconded by Cou'ncilman approving the $500 for the law enforcement and film library for the Police Depar Motion carried unani- mously.. :(Funds 'from PS-16-69.) E.P.A. Parking 'City Manager Robert •Meyer referred to a report t-) . - Surcharge in the League of California Cities Bulletin that the United States Environmental Protection Agency on-January 10, 1974, that it -is withdrawing completely the parking surcharge provision of its Transportation Control Plan and that-the Parking Management Supply regula- tions which was'to.'become effective February 15, 1974, ('25'0 -space `parking lot construction permit program) -will be delayed until at least January 1, 1975. Petaluma City-Jail City Manager Meyer reported that the annual ;rep.ort received from the Sonoma County `�— Health' Service - indicated that the Petaluma jail facility has passed inspection. Report submitted a-rid filed. North Marin -South City Manager Robert Meyer reported that the 14 -Sonoma-Sub-regional City'kecei-ved the 'Pre- planned submittal of Water Quality the final administrative report" regarding Management Program the North "l•'larin- •South.Sonoma Subregional Water Quality = :Management Program. Copies will be made .available- for-Council review. It was decided to hold a' study session on the matter with the Director of Public Works and the Finance Director in order to make certain decisions'•before February 28, 1974. BASSA The City Manager also reported that the City -� 9 received'-the'State Water Resources Control Board amendment to Section 208 and a copy of the 19`73 -Regiona -1' Water Quality Management - Plain' of the San Francisco Bay Region adopted by the Bay Area Sewer Services Agency. Mr. Meyer suggested that these matters be con- sidered at a study session following the adjourned meeting on January 28, 1974. January 21, 1974 Assembly Bill 2778 City..'ManagpK.1Robert Meyer reported that a copy of.. a wc . rece.ived f rom the North Marin C o unty • Wa_`ter-, District and from the Valley of the Moon County :Water�.District opposing A.ssemhly�q44.:'Keen:e.'s. tentative legislation ( A B 27 regarding, Sonoma County Water Agency Bonds. The City Attorney was directed to prepare a resolution opposing Keene's- prqpqsa,1_4nd the Warm Springs Dam. The staff was asked, ,to obtain. a copy of the .,Bill for.-th Councili.and the City Attorney. - ,.,, _ , , / Redwood Empire City Manager Robert Meyer reported that the _----Division, League of subject meeting will be held in Fairfield on California Citie's Saturday,. February 2,,,1974. Those planning I Meeting to attend,were contact his secretary by Friday..,. : Vice.May(?- r..Qav4nagh,.Jr., (First Vice-President of the. -DivisIon reviewed the program topics , for 4ft.ernoo.n.,and:evening sessions'. State Legislation City.Manag Meyer reported that a bulletin was received from the League Of iC-alif.grnia,.Cities .re ,State legislation and support .was ,urged. on..:ACA 18 and AB 29 re State Lottery. If the Council agrees, support ,should be sent no later than January 23rd. Councilman Brunner ` questioned consideration of this and not othe.rsx-of significant imp ortance Councilman ; .,P . Prry,.. Jr...,, made a7 to • support • ACA 18,',but no action Was taken as a motion was y . made:�b Councilman Harberson and .se,qonde4 by­Qqqn.qi - lman Perry, Jr.,, to add item #12 to the, ag.enda to discuss the sending of a recommendation to the State that ACA 18 be put on the State ballot re State, Lottery- . ,in.N.ovember. Motion failed by the,. 1 lowing 1 vot-'e - (requires a unanimous vote) Ayes:.., Council Daly, Harb.ersOn., Mattei, Perry, Jr., and Mayor Putnam. Noes ,... Brunner and.Cavanagh,.Jr. - Reqa.Ko . ing_ consideration of State, legislation, it was sqgge ith Mayor take under advise- ment the matter of appointing a committee to review. the material, on, the bills. Adjourned Meeting : It was decided, to,. - ho 1 , d.ah adjourned meeting January 28, 1974 M onday, - ay,. Jan • ,2 . 8,, - uary .,�," 1-9.)74, with a study session ' thereafter. Traffic Committee Qounpilman Perry., reported on the action .taken,. by the Traf Committee at it•s meeting hel toda Details are recorded in the minutes of. the- TTaf f Committee. m I � January 21, 1974 Parking Spaces -- Assistant City Engineer Tom Hargis presented Kentucky Street and drawings of.a,proposal to remove three parking Keller Street at spaces on the easterly side of Kentucky Street Washington Street at Washington Street and two parking spaces on the easterly side of.Keller Street at Washing- ton Street: He reported that a study was made by the Department of Public Works at the request of the Council to determine the need for the removal of the parking spaces; and following observation of.the traffic conditions, a recom- mendation was made to the Traffic Committee and approved on- November 19, 1973, to remove the parking spaces. Director of Works David Young added that the proposed signal installation on Washington Street at Kentucky Street and at Howard Street expected to be completed in July (if approved by'the Council under Agenda Item #17) will operate better from.a traffic point of view with the ban of the five parking spaces. Considering the effect of the loss of the parking spaces for the downtown area, Councilman Mattei suggested that the matter be delayed until a meeting is held to discuss the entire down- town parking.situation. This was agreed upon and*the City Clerk-was asked to remind the Council to schedule a.meeting in the immediate future or possibly in April. Library Consultant Councilman Brunner reported that the Library Res #6507 NCS Board selected Beland, Gianelli and Associates as architects to perform architectural services in connection with the construction of the pro- posed new library,facility and that the agreement form covering the program of service and the fees has been presented to the Council for review. Library Board President Kenneth Wightman addressed the Council regarding the importance and need of having.schernatic�:drawings and general design of the facility to give the citizens of Petaluma as much information as possible for the bond issue iri March.. - Councilman Mattei questioned the feasibility of spending $8,000 for architect's drawings at this point without knowing whether the bond issue is successful; however, in questioning this procedure, he clarified his position by stating that he is in favor of the Library Bond Issue and'is not objecting to the architect's fees. It was noted that the $8,000 would.be applied to the total project cost if the:Library Bond Issue passes. In reviewing the contract, the City Clerk was instructed to insert-:the name "Robert Gianelli" on Page .2 of the contract as the principal assigned to the library program. Following.considerable discussion, Resolution #6507 authorizing the Mayor to execute an agreement (with Beland, Gianelli and Associ- ates) for architectural services for the library was introduced by Councilman Brunner, seconded by Councilman Harberson, and adopted by 7 affirmative votes. January 21, 1974 ABAG Councilman Cavanagh, Js. -., reported that the: Executive Committee' of.. ABAG reached •:a . -mise on.. a dues , proposa`l of cities to pay 25% and`coun.ties`to pay -.65 %. This proposal will be recommended.: to.i t'he! General Assembly of ABAG' on, February.,21., 19'74. Taxicab Service -- Reportadated.January 15, 1974, from Police r Myrel Moss ChiefLarry:.Higgins . of application filed by Res . #65.0.8 NCS Myrel Moss , fore �a..taxi. service at .160 Keller Street and r.ecommending'tha:t a certificate of ,public convenience be granted, submitted and filed.. Report dated January.l'8 1974, from Acting Planner- ;Frank- Gray that the application of Myrel•Moss was con's'idered by the Planning Com- mission' and. °that. - the Commission ,rbcommends approval of•..the'- application as submitted and conditioned, upon - the.• approval of the Traffic Committee to.: change the parking space on Keller Street to a taxi .stand, submitted and f. led'..: ' Mr.. present on behalf of the ap.plica- tion..and .explained that the 24- hour -a -day servi,ce subject to availability of approved dri vers�.and reasonable.rates. He added that a rate. .w lli be , proposed to the Council soon. With, regard- parking space: for. a. taxi stand.in front of,160 Keller Street as approved by the 'Traffic .CO mi the Council directed the staf,f-. and. Mr-. - Moss: to work out .a suitable arrangement... Resolution- #6508' -N..C.S. granting a.ce- r:tificate of public convenience and necessity to Myrel A. Moss to ope rate a'taxi.s.ervice in the City of Petaluma was introduced by Councilman Harberson, se`co.nded•by'lCouncilman Daly, and adopted by 7 �� affirmative votes. - Signals -- Plans. and specifications for "`Traffic Signals- - Washington Street At Washington Kentucky Street and at Kentucky Street and. Howard Street -- TOPICS Project T3059 ('2) , " At Howard` Street submitted and filed. Res #6509' N'CS " Director'.of-Publi.c David Young stated that the plans. and specif :ication have been approved by the, •State "and Federal Governments:: The total project is <:est m'ate'd at $71,000 -- $37-,000 to be 'funded ` -and the 'balance by Gas Tax Funds. He added that the bid requires approval by the State and ,Fed'eral Government before Council.awardiof` the contract. R.esolut•ion'' #'6509:N.C.S... approving plans and spec "if.ications as submitted was introduced by Couricilm'am.D ly,.seconded by Councilman Brunner, ±. _ ,•: 9nd by .7 affirmative votes. January 21, 1974 Outside Water Application #4478-filed by Leon L. Long for 5q�% Connection -- outside water connection for 49 Long Read, Leon L. Long Petaluma (A.P. #21- 040 -74), submitted and Res #16510 NCS filed. Report dated January 18, 1974, from Associate Planner Richard D. Anderson outlining the considerations• and recommendation regarding the subject application, submitted and filed. Director of Public Works David Young presented a location map of the property involved. Acting Planner Frank Gray reviewed the details of.the- application noting that the request is for an existing:single- family dwelling and the applicant does not propose to divide the parcel. Mr. and Mrs. Long appeared in support of the application and Mrs. Long stated that the well water presently being used has damaged all of the househo.ld.fixtures. In..discussing the application, it was recommended that the City Engineer specify the size of the pipeline-to service a single- family dwelling in order to control subdivision of the parcel. Resolution #6510.11.C.S. granting the application of Leon L. Long to connect one residential out - side water connection at premises located at 49 Long Road Petaluma, (A.P. #21 040 - 74) was introduced -by.Councilman Brunner, seconded by Councilman. Ha adopted by 7 affirmative votes: Kenilworth Play Recreation :Director. James Raymond explained that Fields the architect proposes to complete all working Res #6511 NCS drawings for.the.subject play field for Council �— approval: and that the Little League and Soccer groups have committed assistance with the project. - Resolution #6511 N.C.S. authorizing the employment of Sidney M..Lewin and Associates to perform landscape architect services for Kenilworth Play Fields was introduced by Councilman Harberson.; seconded by Councilman Cavanagh, Jr., and adopted by 7 affirmative votes. � Energy Crisis -- Director of Recreation James Raymond reported 33'f Recreation Department that the matter of the "energy crisis" and lowering consumption 10% to 15% was discussed by the Recreation, Music, and Parks Commission as recorded in minutes of January 9, 1974. The Commission would like to continue all leisure services to the greatest point within the law to the community; and it was the Commission's recommendation that anything accomplished in the way of programming be energy conscious, but not to curtail services that are offered. Other items considered were--lowering the use of night lighted ball fields, recreation centers, and limiting the use of ball fields and the swim center. Other cities have been contacted on possible ways to lower consumption. January 21, 1974 Energy Crisis - In-.diseussing'. the use of the.swim center, Mr. Recreation Department Raymond _ Council direction on the (continued) matter of heating the pool for full operation on February 1st. He explained that a period of four days prior to February 1st is required to heat the pool. ",to desired . temperature. In previous years, the temperature of the pool. •has -;been about .80 degrees, and it is recommended that 'this be lowered 2 to 4 degrees to lower energy consumption about 150 r After some discussion, a motion wa's� -,made by Councilman - Brunner and seconded by Councilman Perry-, Jr:, to lower the pool temperature to 70.degrees. Motion failed by the following vote: AYes: Councilmen Brunner and Perry, Jr. Noes: Councilmen.Cavanagh, Jr. Daly, Harberson, Mattei, and Mayor Putnam. A-brief discussion was held with Mr. Clifford Bartlett, local Manager of the Pacific Gas and Electric - Company on ,the gas situation. He stated that �un -less some changes: are reported at a meeting tomorrow, the gas situation remains the same; however; he will contact, Mr. Raymond on any new information regarding the matter. Director-of Public Works David Young referred to the recent.PUC Order #9642 wherein a 70 .surplus'of gas is indicated for this year, but a question.was raised whether this•appli_es to the entire State of California. It was concluded that the matter of the swim pool heating be deferred for further consideration and'action'at meeting on January 28, 1974, pending .information from the P.G. & E. regarding the gas situation. City- County Planning The subject matter was deferred for consideration Policy Committee at the January 28, 1974, Council meeting. Adjournment There being no'f-urther business to come before the Council, the meeting was adjourned to an executive session at 10:50 o'clock p.m. and to January 1974-, 7:30 o'clock p.m. YYL/ Mayor Attest: Cit. Clerk.