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HomeMy WebLinkAboutMinutes 05/20/19747` 6-- MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA May 20, 1974 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, *Perry, Jr., and Mayor Putnam. Absent: Councilman Mattei. *Councilman Perry, Jr., arrived at 8:10 o'clock p.m. Invocation The 'invocation was given by the Reverend T. Hall Bissett, Penngrove Community Church. Approval of The minutes of May 6, 1974, and May 13, 1974, Minutes were approved as recorded. CONSENT CALENDAR A motion was made by Councilman Cavanagh, Jr., and seconded by Councilman Daly adopting the Consent Calendar, Agenda Items #1 through #12, but deleting Item #5 re amending the fortune telling ordinance. Motion carried by 5 affirmative votes, 2 absentees. Item #5 was held over for consideration at a later date. Agenda Item #1 Notice to bidders on the subject project was GI( r Traffic Signal duly published. Upgrading, E. Washington St. Memo dated May 17, 1974, from Director of and Maria Dr. Public Works David Young to the City Manager Res #6599 NCS with the summary of bids on the subject project and recommending that the low bidder R. Flatland Company be awarded the contract, submitted and filed. The following bids were received at the bid opening May 14, 1974: Name Amount R. Flatland Company $27,890 L. H. Leonardi., Electric Construction Company $30,239 Petty and Mapes Electric Company $33,647 Steiny and Company $29,889 Resolution #6599 N.C.S. awarding contract (to R. Flatland Company) in accordance with the plans and specifications for "Traffic Signal Upgrading at East Washington Street and Maria Drive" was adopted. Agenda Item #2 Plans and specifications for the subject Kenilworth project submitted and filed. Athletic Fields Resolution #6600 N.C.S. approving plans and Res #6600 NCS specifications and calling for bids on Kenilworth Athletic Fields was adopted. May 20, 1974 . Agenda Item #3 Resolution # -6601 N.C.S. amending Resolution Re Weed #6585.N.C.S. to order the abatement of 'nuisances Abatement consisting of weeds growing and rubbish, Res #6601 NCS refuse, and dirt existing upon the streets, sidewalks, parkways, and parcels of private property in the City of Petaluma and ordering the Fire Chief to' remove said weeds, rubbish, refuse, and dirt was adopted. Agenda Item #4 Ordinance #1140 N.,C.S. making temporary. Temporary appropriations-for current department expenses, Appropriations chargeable to the appropriations for the 1974 -1975 fiscal year 1974 -75 to cover necessary.expenses Ord #1140 NCS of various departments unti -l annual appropriation is in force was ordered posted. Agenda Item #6 Ordinance 41141 N.C.S. amending Title 13, Re Excavation Chapter 13.2, Section 13.12.170 of the Petaluma Permits Municipal Code re Excavation Permits (to Ord #114 NCS increase cash deposit in lieu of posting a bond to $`2 per square foot) was ordered posted. I- Ag Item . #7 Planning Comm ssion.Resolution #Z2. -74 recommending Rezoning Parcel the adoption of proposed amendment • to Zoning Lakeville Hwy. Ordinance #1072 N.C'_S. by reclassifying.A.P. & E. Washi : ng,ton 47- 072 -32 (approximately 3.76 acres) from an St. . (Kieckhef'er) M -L (Light Industrial) District to a C -H Ord #1142 NCS (Highway Commercial) District located at 323 - 325 East'Washington'Street, submitted and filed. Letter dated March 26 1974, from Walter Kieckhefer to the Planning staff regarding the proposed subject rezoning, submitted and filed. Report da.-ed.March 28,. 1974, from the Depart- ment of Community Development regarding Walter K'ieckhef'er EIQ and rezoning, submitted and filed. Report dated April 11, 1974., from the Depart - ment.of Community Development regarding City policies relating to the central business district and other commercial developments, submitted and filed. Planning Commission minutes dated April 2, X1974, April 16', 1974, and May `7, 1974, regarding the proposed subject rezoning, submitted and filed. Copy of Notice of Negative Declaration re the subject rezoning submitted and filed Ordinance #114':2 N.C.S. amending Zoning Ordinance #1072 N.C.S. by reclassifying the property at 323 -32:5 East Washington Street from an M -.L (.Light Industrial) District to a,C =H (Highway Commercial) District (A•P.. #007 - 072 -32, approximately 3.76 acres) was ordered published. May 20, 1974 Agenda.Item #8 Planning Commission Resolution #Z3 -74 recom- Rezoning- -Area. mending.the adoption of proposed amendment to Between Washing- Zoning Ordinance #1072.N.C.S. reclassifying ton Creek and portions of A.P. #7- 280 -33, -40, -42, and -43 McGregor Ave. (.approximately 9.7 acres) from a PC (Planned (Greenbriar, Community) District to a PUD (Planned Unit Phase'II) - Development) District, submitted and filed. Ord #1143 NCS Findings of the Planning Commission relative to Resolution #Z3 -74, submitted and filed. Site. design review re the subject rezoning, submitted and filed. Report dated April 11, 1974, from the Depart - ment of Community Development regarding the proposed rezoning, submitted and filed. Planning Commission minutes of April 16, 1974, and May 7, 1974, submitted and filed. Ordinance #1143 N.C.S. amending Zoning Ordinance #1072 N.C.S. by reclassifying portions of A.P. #7- 280 -33, -40, -42, and -43 (approximately 9.7 acres) from a PC.(Planned Community) District to a PUD.(Planned Unit Development) District (Greenbriar Phase II -- Multi - family units) was ordered.published. Agenda Item. #9 Planning.Commission Resolution #Z4 -74 recom- Rezoning- -Area mending the adoption of proposed amendment to Between Washing- Zoning Ordinance #1072 N.C.S. reclassifying ton St. and portions of A.P. #7- 280 -33, -40, -42, and -43 McGregor Ave. (approximately 12.16 acres) from a PC (Planned (Greenbriar, Community) District to a PUD (Planned Unit Phase III) Development).District (Greenbriar Phase III- - Ord #1144 NCS Single- family units), submitted and filed. Findings of the Planning.Commission re Resolution #Z4 -74, submitted and filed. Site design review re the subject matter, submitted and. filed. Report dated April 11, 1974, from the Depart- ment of Community-Development regarding the subject-rezoning, submitted and filed. Planning Commission minutes dated April 16, 1974, and May 7,.1974, submitted and filed. Ordinance #1144 N.C..S..amending Zoning Ordinance #1072 N.C.S. by reclassifying portions of A.P. #7- 280 -33, -40, -42, and -43 (approximately 12.16 acres)-from a PC (Planned Community) District to a PUD (Planned Unit Development) District (Greenbriar-Phase III -- Single- family units.) was ordered published. Agenda Item #10 Ordinance. #1136 N.C.S.. authorizing the lease Lease.w /Santa Fe- of.real property.hereafter described to the Pomeroy, Inc. City of Petaluma by Santa Fe- Pomeroy, Inc., Ord #1136 NCS for the-purpose of temporary ponding of waste (Second Reading) sludge from the sewer plant for the two -year period from July 1, 1973, through June 30, 19.75,.and thereafter on a month -to -month basis was adopted. __ 1 �_ May 20, 1974 Agenda Item #11 Ordinance #1137 amending Title 15,,. Re Water Recon- Chapter 15'.12,.Section's 15.12.090 and 1.5.12.100 nection Fees thereof, to establish reconnection fees was Ord #1137 NCS adopted. (Second Reading) Agenda Item #1'2 Board of: Directors of Sonoma County Water Re Sonoma County Agency'Resolution #DR44574 establishing rates -- Water.Ag 'ency for sale of water from the Agency's water Water. Rates transmission system for fiscal year 1974 -75 and Resolution 443.927 revising minimum billing for wholesale-customers as listed in the Agency's rate schedule for water service,, submitted and filed. Lakeville Growers' Petition signed by twenty -four residents of Operation- -Near Leisure -Lake Mobile Home Park, '300 Stony Leisure Lake Point.Road, complaining about the train Mobile.Home Park unloading'at the Lakeville Growers' facility adjacent.to Leisure Lake Mobile Home Park, submitted and filed. Director of Community Development Frank .Gray reported that the complaint was reviewed with Lakeville Growers and after a site inspection and discussion with the principals involved, it would appear. that .three items -might help to alleviate the situation: .(1) A. time schedule should be worked out with the Southern Pacific Railroad to deliver the cars after 7 :00 a.m..; (2) a.wind screen should be constructed at the unloading facility so as to inhibit the blowing of material being discharged from the bottom.of the gondola cars; and (3) the ingress.and egress to the loading facility should be -paved or oiled so as to be dustless. Mr. Gray pointed out that the-Lakeville Growers'..operation has been in existence for a greater period.than the existence of the mobile home park, and it is the mobile home park that has chosen to locate in an M -L (Light Industrial) zoning district and certain industrial noises, therefore, must be tolerated. Copy of memo for the file, dated May 20, 1974, re Mr. Gray'.s.report, submitted and filed. Mr. Walter Jurgewifz, spokesman of the petition, appeared before the Council and suggested that the - operations be moved to the Lakeville area. Mr. Leon Barlas, one of the principals of Lakeville Growers'-Association, addressed the Council regarding the alleged problems. He stated, however, that the feed unloaded at the facility is not dusty, and he presented a sample of the feed..to show the consistency of the material..being* unloaded at the spur. He concluded by say °ing that it is the.intent of ,Lakeville Growers to.do everything possible to minimize the problems.. Mr. Allen Shainsky, also a principal of Lakeville Growers' Association, added that Royal Tallow Company was permitted to unload May 20, 1974 Lakeville Growers' two carloads of a lighter material during May Operation - -Near and it is possible that dust was created from Leisure Lake this operation; however, he assured the Mobile Home Park Council that this situation will not occur (continued) again and only mixed poultry feed will be unloaded at the facility. Upon conclusion of the discussion, it was decided that with the implementation of the suggestions made by Mr. Gray to alleviate the situation and Lakeville Growers' willingness to control operations at the unloading facility that Mr. Gray maintain an open file on the matter, and after thirty days, submit a status report to the Council thereon. Infra -city Bus "Intra -city Bus Feasibility Study," dated Feasibility Study March 1974, prepared by Kaiser Engineers, submitted and filed. Mr. Paul Krueger, Assistant Project Manager of Kaiser Engineers and consultant for the City, appeared before the Council and sum- marized the subject report. He said that the purpose of the study is to develop informa- tion concerning the feasibility of providing intra -city bus service within the City of Petaluma and that the report outlines the .transit needs of the community as well as suggests a range of possible alternatives to serve these needs, but does not propose a detailed plan to implement such a service. He reviewed the significant benefits to the community as listed on page 2 of the report. The report indicates that the appropriate bus vehicle for Petaluma local transit needs would be a medium size bus in the fifteen to thirty passenger seat range. A table sum- marizing the level of service and costs of a local bus system utilizing two, three, and four medium size buses was explained by Mr. Krueger. The report also indicates that Federal and State funds are available that Will meet most of the capital costs of the local bus system and operating costs can be paid from the State Transit Development Fund (SB 325), local sources and fare revenue. If no fare is charged, the entire operating costs must be met by State and local funds. Considerable discussion followed with Mr. Krueger on details of the report and in response to a question from the Council, he indicated that Redwood City operates a bus system worthwhile exploring. It was City Manager Robert Meyer.'s recommenda- tion that if the Council authorizes a bus system for the City, consideration be given to a free -fare operation on a four -year basis. He urged Council action as soon as possible on the matter pointing out a schedule to be.met for filing an application for SB 325 monies a nd.appropriating funds in the Capital Outlay budget for 1974 -75, if a bus system is approved. May 20, 1974 Intra -city Bus The City Manager was directed to schedule a Feasibility Study special session for the Council and staff to '(continued) further discuss the report so that a conclusion can be reached at'an early Council meeting. The Mayor indicated that a committee of the Council and staff members will be delegated to visit Redwood and explore its intra- city bus Claims and Bills' Resolution #6602 N.Q.S. approving claims and Res #6602 NCS bills #422 to #582 inclusive, 'and #2.242 to #2276;, approved for payment by the City Manager, introduced by, Councilman Daly, seconded by Councilman Harberson, and adopted by 6 affirmative votes, 1 absentee. Public Liability City Manager Robert Meyer reported that the Insurance City's public liability insurance carrier will no longer write insurance for the City and the Petaluma Association of Independent Insurance Agents is preparing specifications to obtain - a new carrier for the City. n� Revenue Sharing The City Manager reminded the Council that a Fund Projects list of Revenue Sharing Fund projects is to be 'in Washington, D. C. by June 24, '1974. He asked for Council input by the end of May together with projects submitted by the staff, a d ;ecis:ion is required by the Council on June 10, .1974, to meet the filing date. V Shelving For �� At Councilman Brunner's request, the City Library Books -- Manager was asked to arrange for space in the City Hall City Hall to install shelving for books from the Library. Dwelling The Council agreed to triple the amount of Construction the present dwelling construct=ion fee's, i.e.: Fees $120 , for each dwelling unit or apartment. Ord #1145 NCS containing not more than one bedroom; the sum of $:6.0 f*or each additional bedroom contained therein,, total fees' not to exceed the sum of $240, $180 for each new mobile home park pad and reduction in fees to not less than $60 per dwelling unit; whereupon, Ordinance #1145 N.C.S. amending Title 17, Chapter 17.2,' Sections 17.12.010 and 17.12.030, of the PetalumaMunicipa-1 Code regarding dwelling construction fees was introduced by Councilman Harberson, seconded b.y Councilman.Brunner, and ordered published by affirmative votes, 1 absentee. Architect- -Field Memo,from Director of Recreation ,Jim Raymond j - House, Kenilworth to City Manager Robert Meyer submitting a Athletic Field request' to h:ire'the architectural firm of Lieb'and Quaresma to provide all preliminary studies, etc. on the site for the proposed field house a's part of the 'Kenilworth Athletic Field Complex, which must meet the State educational facility standard's, and to prepare an actual working drawing plus the necessary specifications' to go out to bid on the project, submitted and filed.. In his report; Mr. Raymond stated that the three main purpose's of the field house are: (1) Replace the present structure May 20, 1974 Architect - -Field at Kenilworth Park; (2) provide restroom House, Kenilworth facilities; and (3) allow the many groups the Athletic Field use of restrooms, concessions, announcing, (continued) and storage. The main users would be the Little League; the School District for Kenilworth Junior High physical education and intra- mural program as well as a home field for Casa Grande frosh -soph and junior varsity teams; soccer; and, the Recreation Depart- ment. Mr. Raymond referred the Council to his memo of November 29, 1973, regarding the preliminary joint use agreement with the Petaluma School District on the subject playground; however, because of-the-number of questions raised regarding this joint usage, it was decided by the Council to discuss the matter at a scheduled School Board meeting on May 29, 1974, and then for Council consideration at its meeting on June 3, 1974. 1974 State Park Director of Recreation Jim Raymond stated f= Bond Act that the 1974 State Park Bond Act (which was �---- discussed by the Council at a study session on May 13, 1974) will be voted upon at the June election (if passed by the voters, Petaluma's share of $122,000 would not be received until after June 1975 at which time a definite priority plan must be submitted) and he asked whether or not the Council is interested at this time in discussing project priorities for the expenditure of funds. Councilman Harberson added that funds can be used for upgrading existing facilities or purchasing land for a regional type park and that the Recreation, Music, and Parks Commission has tentatively agreed to use the funds for Luchessi Park. He recommended that the Commission and Council hold public hearings on the use of the funds. Following a brief discussion, it was decided to delay action on the matter until the outcome of the bond election. Universal Gym By consensus, the Council agreed to store the �L7 r Housing Universal Gym in the classroom at the Municipal Swim Center where it is presently housed. Seismic Safety Report dated May 16, 1974, from Director of 91r: and Safety Community Development Frank Gray regarding Elements of the requests for General Plan Element time extension General Plan submitted and filed. Mr. Gray explained that Res #6603 NCS a-time extension up to one year is, available from the California Council on Inter- govern- mental Relations to those agencies which cannot meet current deadlines for justifiable reasons. It is the intent of the Planning Department to base the Seismic Safety Element a on data which will be provided by the Sonoma County Planning Department in the preparation of its Seismic Safety Element, and this information will be available from the County near the end of September. A time extension is also required for the Safety Element because the Seismic Safety Element should provide information on the comparative safety of land uses with respect to geologic hazards P May 20, 1974 Seismic Safety which would be incorporated into the Safety and Safety Element. Elements of the General Plan Resolution # N.C.S. requesting a time Res #6602 NCS extension for the filing of'the Seismic (continued) Safety Safety Elements of the Petaluma General Plan was introduced by Councilman Harberson,_seconded by Councilman Daly, and adopted by 6 affirmative votes, 1 absentee. Outside Sewer Report dated May 15, 1974, from City Manager Connection Fees Robert Meyer.re outside sewer fees submitted and filed. In his report, Mr. - Meyer explained the basis for.justif;ication of the proposed amount of .$112.50 per single - family dwelling per year, plus the Ci.ty's regular inside monthly The of $2 as recommended in his report . dated April 30, 1974. Also being considered.b_y the Council is a $75 per year charge.. - Letter dated May 17, 1974, from Donald Van Dyke, 201 Purrington Road, Petaluma, proposing a fees of $ per month for outside sewer connections as,a fair and equitable charge, submitted and filed. Mr. Van Dyke - appeared before the Council and presented a report of calculations substanti- ating for the figures in his letter. Said';report submitted and filed. He felt that the-outside sewer fee now being considered will impose a charge on outside users more than do.uble what it costs the City to provide a residen -tial service. The following outside users also spoke in objection to the proposal now being considered: Mrs. F. V. Mar ; shal,.1675 Mt. View Avenue, Mrs._D. Van Dyke., 201,Purr.ington Road; Leonard Svinth,. 1541 Mt., View Avenue.; and,, H,. Wojciechowski, 831 Madison Street. In generally d= iscussing the matter, it was the City Attorney's opinion that the City can charge,more for sewer services outside of the City than inside and that Mr. Meyer's proposal would be totally susta- inable. Connection to the City's sewer system is considered a privilege, he added. Upon conclusion of the discussion, it was decided to delay introduction of -the ordinance establishing outside sewer connection fees in order to_ enable the Council to review and analyze Mr.,Van Dyke - ' s proposal. It was the City Attorney's opinion that the ordinance could be , cons_idered. -as, an emergency and, therefore, be adopted and become effective on June 17,, 19 which would provide sufficient time to impose the new fees for the July 1, 19 :74, billings. Historic and Copy of Planning Commission 1 minutes dated Preservation May 7, - 1974, , concurring with the recommended Article--Zoning modifications of the amendments to the proposed .Ordinance- Article 17 of the Zoning Ordinance, submitted Ord #1138 N,CS and i led . (Second Reading) .f May 20, 1974 Historic and Ordinance #1138 N.C.S. amending Zoning Ordinance Preservation #1072 N.:C.S. by adding Article 17 to provide Article -- Zoning for designation, preservation, and control of Ordinance the historic and cultural environment and Ord #1138 NCS significant landmarks and district, was (Second Reading) introduced by Councilman Harberson, seconded (continued) by Councilman Matted, and adopted by 6 affirmative votes, 1 absentee. Historic and Ordinance #1139 N.C.S. amending the Petaluma Cultural Municipal Code by adding Chapter 2.30 to -%7`- P Preservation Title 2 to establish a Historic and Cultural '--° Committee Preservation Committee and delineating its Ord #1139 NCS duties and powers, was introduced by Councilman (Second Reading) Harberson, seconded by Councilman Brunner, and adopted by 6 affirmative votes, 1 absentee. Mt. View Estates Director of Public Works David Young informed 6p Subdivision the Council that a number of requests have been received from the buyers of homes in the subject subdivision for the Council to review the progress made by the developer to complete the subject subdivision. With the use of a map-showing the lot numbers of the subdivision, Chief Building Inspector Henry Anderson reviewed a correction list for private improvements of.the nineteen lots in the subdivision as follows: Lots #1 through #10 (uphill side of the street).- -minor corrections replacement of the retaining wall'and completion of benching for lots #5 and #6. Mr. Anderson emphasized that none of these Lots will be finalled until the ditch at the rear of Lots #1 thru #10 is completed and until the retaining wall at the rear of Lots #5 and #6 is replaced and no hazard exists. Lots #11 through #19 (downhill side of the street) -- Lots. #.12, #13, 416, and #18 are finalled. Lots #11, #14, #15, #17, and #19 require minor corrections which could be completed in several days, except for Lot #11 which also requires minor grading. Copy of correction list submitted and filed. The question confronting the Council was whether or not to relax its policy instituted during the last year of permitting no occupancies until all public improvements are completed. It was reported by Assistant City Engineer Tom Hargis that the public improvements required to be completed are: Cleaning up mis of Cannon Drive gravel from the cleaning debris and repair 'of : a ::ellaneous debris at the end and Phillips Avenue, removing streets, sweeping the streets, out of the storm drain manhole catch basin. In considering the matter, the City Attorney quoted Section 306 of the Uniform Building Code, "The Building Official shall issue occupancy permit when the structure meets the Code." He further stated that Section 14 of • May 20, 1974 Mt. View Estates the Subd Agreement provides issuance Subdivision of occupancy permits and -is not to be construed (continued) as acceptance of public improvements. Mr. Marvin Losk, the broker handling sales for the developer, .spoke of .the - 'problems involved with the.subdivision. He requested the Council .to .consider .occupancy of Lots. #11 through #19. However, he agreed that no occupancy should be permitted for Lots #1 through 410 until.every detail of the work completed, and he assured the Council that under no circumstance will marketing of these homes be, rushed . Upon completion of the.discussion, a motion was. made by Councilman. Cavanagh, Jr., and seconded by Councilman Daly, that after the necessary .clean -up. work .and removal of the gravel in the.str,eet required by the:City Engineer,..the Building Official is authorized to allow, occupancy of Lots #12, #13, #16, and #18 ;. and upon.completion_of the work required to be done,.allow occupancy of Lots # #14, #15, #17, and #19; but under no circumstances will the Council-consider occupancy of Lots #1 through #10 until the Engineering and Building Departments verify that all the. work has-been completed..... Motion carried unanimously. Frank Claxton -- Mr. Frank Claxton, an employee of the City City Employee Parks Department, appeared before the Council as a representative-of-some of the employees of the..Parks, Sewer,.and Streets Departments regarding.the need for a raise and claiming that conditions are.so that some of the employ.ees.are.,qualified for food stamps. He also stated.that unless some.changes are made, some of the employees will oppose Proposition #1. He submitted a letter to Mayor Putnam,, Councilman Cavanagh., Jr., City Manager Robert.Meyer and asked that the points contained.therein be reviewed and discussed. Mayor - Putnam acknowledged the letter by stating that it will be reviewed. Adjournment There being ,no.f'urt�her business to come: before the Council, the meeting was adjourned at _10.:.4'0 o'.clock _p.m.. Mayor Attest• City Clerk'