HomeMy WebLinkAboutMinutes 09/03/1974251
MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
September 3, 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 7:30 o'clock p.m.
Attendance Present: Councilmen Brunner, Cavanagh, Jr.,
Daly, Harberson, Mattei, Perry, Jr.,
and Mayor Putnam.
Absent: None.
Invocation The Reverend Timothy West,. St. John's Episcopol
Church, gave-the invocation.
Approval of Minutes of August 5, 1974 -, were approved as
Minutes recorded. The minutes of August 19, 1974,
were approved as corrected.
CONSENT CALENDAR A motion was made by Councilman Harberson and
seconded by Councilman Perry adopting the
Consent Calendar, Agenda Items #1 through #4.
Motion carried unanimously.
Agenda Item2#1
Donation - -Adobe
Lions Club
Res #6685 NCS
Agenda Item #2
Agreement- -
Santa Rosa Jr.
College
Res #6686 NCS
Agenda Item #3
Outside Water
Application Fee
Res #6687 NCS
Agenda I tem #4
Amend EDP -
Kieckhef er
Property
Res NCS
Resolution #6685 N.C.S. accepting donation jj2
from Adobe Lions Club for equipment for Miwok
Park -- Chester Yates Memorial, was adopted.
Resolution #6686 N.C.S. authorizing the Mayor 33f
to sign an agreement with Santa Rosa Junior
College for use of the Swim Center was adopted.
Resolution #6687 N.C.S. establishing a $25
outside water application fee was adopted.
Resolution #6688 N.C.S. setting public hearing �QV
date (September 16, 1974) to consider a
modification to the Environmental Design Plan
re A.P #8- 530 -04, located at 1051 Petaluma
Boulevard South (Kieckhefer Property) was
adopted.
Public Hearing -- Resolution #6689 N.C.S. approving the annexa-
Denman tion of certain uninhabited territory designated lU
Annexation #7 as "Denman Annexation #7" to the City of
Res #6689 NCS Petaluma was introduced by Councilman Mattei,
seconded by Councilman Brunner, and adopted
by 7 affirmative votes.
Director of Community Development Frank Gray
explained this is a section of land on North
McDowell Boulevard which had never been
annexed to the City of Petaluma. This fact
was called to the attention of the City by
the State of California.
The Mayor opened the public hearing. There
was no opposition to the annexation. No one
spoke in favor of it and the public hearing
was closed.
25" 2
September 3, 1974
AX Public Hearing --
r�` Noise Section,
"\ Ecologic
Resources Element
Res #6690 NCS
1974 Street
Resurfacing
�e Program,
Pr.o.ject tPW 1 -7`2
Res #6691 NCS
Resolution #66,9'0 N.C.S. adopting the Noise
Section of the Eco,lo Resources Element of
the General Plan of the City of Petaluma was
introduced by Councilman Harberson, seconded
by Councilman.Matte, and adopted by 7
affirmative votes.
Director of.Community Development Frank Gray
referred to the Noise Section of the Ecologic ;,,
Re sources Element to the Petaluma General
P -lan., a copy of which is on file in the City
Clerk's office.
Planning-Commission Resolution #17 -74 recom-
mending the adoption of the Noise Section of
the Ecologic Resources Element, submitted and
filed. This section had been revised by the
Planning.Comm•i sign before being submitted to
the Council for their consideration specifying
that the standards outlined in the Section
are desired standards and not specific standards.
Mr. Gray stressed the fact that by adopting
the Noise Section of the Ecologic Resources
Element to the General Plan, the City Council
was setting policy „and not adopting a.Noise
Ordinance as:such. even though a model noise
ordinance is included in the_ Section as
Appendix "B'”.
Mayor Putnam opened the public hearing.
Comments from the audience were received from
Mr. Myrel Moss, Mr. Bob Wells, Mr. Ernie
Curtis, Mr. Harold Wojciechowski., and Mr.
Elmer Webb.
Councilman Mattei reminded the Council that
this was a State mandated program which had
to be :adopted before September 2,Oth of this
year. Councilman Cavanagh wondered whether
the provisions of this Section to the Ecologic
Resources Element would have any effect on
any projects which are now in progress.
Director of Community Development Frank Gray
advised that the only project he could think
of which may be affected would be the Youngstown
Mobile Home Park which was close to the
freeway and would, therefore, be affected by by
an element of noise. Mr. Gray further suggested
that a committee be set. up to study the model
noise ordinance to provide the City with an
ordinance to cover many areas which were
discussed. The ordinance, however, is not a
mandated one as is the Noise Section being
considered by the Council.
Resolution #6691 awarding contract for
the "1974 Str-eet,Resurfacing Program, Project
OW 1 -72" was adopted by 7 affirmative votes.
Director..of. Public'Works David Young reported
to the Council that three bids for the 1974
Street Resurfacing Program, Project #PW 1 -72, .
had been received at the bid opening August 28,
1974.- Of the three bids received, C. R. Fedrick,
1
1
253.
September 3, 1974
1974 Street Inc., Novato, bid $113,942.36; W. R. Forde,
Resurfacing Greenbrae, bid $122,2.05.67; and, Ghilotti
Program; Brothers, San Rafael, bid $135,227.50. The
Project #PW 1 -72 engineer's estimate for the project was
Res #6691 NCS $115,83.9.38. Mr. Young said the bids have
(continued) been checked by the Division and
it was their recommendation that the bid from
C. R. Fedrick be accepted.
John Scharer Assistant City Manager David Breninger intro-
duced John Scharer to the Council and to the
audience. Mr. Scharer began his duties
September 3rd as Financial Consultant.
Crossing Guard Mr. Breninger remarked that he had visited
McDowell School the intersection at McGregor and McDowell
Boulevard with Chief Higgins and Mr. Bob
McHenry, Principal of McDowell School, and
Mr. Breninger called on Chief Higgins to give
a report on the situation at this intersection.
Chief Higgins said that because of the heavy
construction going on in the area with the
widening of McDowell Boulevard that it created
a dang'erous for school children;
and, it was the recommendation of the group
that visited the site that some protection
should be provided for the children crossing
McDowell Boulevard to attend McDowell School.
In answer to Councilman Cavanagh's question
concerning the crossing guard situation at
the East Washington Street location in front
of Kenilworth Junior High School, Chief
Higgins indicated they are watching this area
very closely; however, since the sidewalk has
been changed from the north side of the
overcrossing to the south side of the over -
crossing, very few youngsters cross the
intersection to attend Kenilworth School and
they feel that this protection could be
eliminated and the person working there could
be transferred to another crossing which is
considered-hazardous, including the McDowell
School site. Chief Higgins - explained it
would be necessary to - provide a person at the
McDowell- McGregor intersection between the
hours of 8:15 to 9:15 in the morning and
again at 1:45 to 3:45 in the afternoon for
the remainder of the month of September
through October, and if the construction is
not completed, also during -the month of
November.
3 16'
' lq
1,0
A motion was made by Councilman Harberson,
seconded by Councilman Perry, Jr., to provide
school crossing guards at the intersection of
McDowell Boulevard and McGregor Drive for the
hours indicated and, if needed, through the
month of November. Motion carried unanimously.
Mr. McHenry, Pri- ncipal of McDowell School,
thanked the Council for their prompt attention
to this dangerous condition and commended
them for their'action. Mayor Putnam also
mentioned that a- letter had been received
from Lesly Meyer, Superintendent of Petaluma
School District, stating that they were
unable to provide funds for school crossing
guards.
Y ,
Claims and Bills Resolution 416692 N.C.S. approving claims and bills
Res 416692 NCS 411378 to 411469, inclusive (General City Funds) and
412419 to 412432, inclusive (Water Department Funds),
approved for payment by City Manager Robert Meyer,
was introduced by Councilman Mattei, seconded by
Councilman Cavanagh, and adopted by 7 affirmative
votes.
p} l
September 3, 1974
Mt. View Estates Assistant City . Manager David Breninger called
Subdivision
on Tom Hargis, Assistant City Engineer, who
(Bankruptcy)
gave a report on the status of Mt. View.
Estates Subdivision.. Mr. Hargis said he had
Taxicab
been contacted by Mr. E. A. Ford who is a
contractor and who was.hired.by the bonding
company to make -a review of the problems on
this subdivision. Mr. Hargis also reported
the Court had appointed a receiver in bankruptcy
for the subdivision. Mr. Ford will make his
`
report to. the bonding company and then will
Letter- -Myrel
advise the. City how they will proceed.
Proposed Sewer
Assistant City Manager Breninger reported
Assessment
that they werein receipt of a letter from.
District --
Mrs. K. Robinson regarding a meeting to be
Petaluma Boulevard
held September 12th at 8:0.0 p.m. at Sonoma
North Area
Joe.'s for the purpose of discussing an assess-
ment district for the Petaluma Boulevard
�>
North area.
Director of Community Development Frank Gray
reported the matter had been brought to the
attention of.the Planning Commission.. A
public hearing was held with residents of the
area in attendance. The Planning Commission
identified this as a land use ..planning matter;
the area was- the County; and, before any
intelligent action could be taken on the.
matter, the report which has been requested
by the Planning Commission from the County
Sanitary Department must be received. This
report should identify the problems and give
some possible solutions to these problems.
The County Sanitarian has indicated that the
report-cannot be prepared until the end of
the next rainy season so they could evaluate
all the problems in the area. City Engineer
David Young also pointed out this could
conceivably present.the City with the same
problem as sewering the Penngrove area, and
until all the use has been defined for the
area, there. is really nothing the City of
Petaluma can do.
Assistant City Manager David Breninger was
directed to advise Mrs. . Robinson of the
Coun'cil's position.
Taxicab
At this point in the Council meeting, all the
matters pertaining to taxi service in the
community were discussed having been rearranged
from the Council order•to include the letter
from Mr. Moss under "Petitions and
Communications . "
`
Letter- -Myrel
Letter from Mr. Myrel A. Moss, dated August 19,
A. Moss Taxi
1974, regarding the City franchise for City
Service
transportation system and taxi service was
read by the Clerk and filed. In the discussion
following the reading of the.letter, Councilman
Cavanagh., Chairman of the Taxicab Committee
indicated -the Committee had taken no action
�>
on the letter when they met on Thursday,
August 29, 1974, in the Petaluma City Hall.
September 3, 1974
Letter- -Myrel
Mr. Cavanagh questioned the City Attorney
A. Moss Taxi
regarding the last paragraph of Mr. Moss's
Service
letter in which he requests he be granted a
(continued)
City franchise for taxicab service. Mr.
Hudson advised it could be possible through a
Charter amendment to permit-franchise for
taxicab service; however, the way the present
ordinance structure is set up, it calls for
an alternative method to a.franchise system
Taxicab Meters
by providing a certificate of public conveyance
Ord #1159 NCS
and necessity for the operation of taxicabs.
It was Mr. Hudson's opinion that this adequately
covered the matter.
Councilman Mattei pointed out that Mr. Moss
was proposing to provide not only taxi service
for the City, but jitney and bus service.
Councilman Cavanagh indicated that since Mr.
Moss's letter had been received August 19th
and there were prior letters of proposals to
provide transportation systems for the City
on file, that the matter of overall transporta --
tion, exclusive of taxi service, should
be a matter of study by the Council.
Taxicab Rates Councilman Cavanagh discussed the matter of
Res #6693 NCS fix'inq:_ra.tes taxicab service within the
community and.indicated the Committee had
determined Resolution. #6616 N.C.S. should be
repealed in order that an 80� base rate for
each 3/4 mile or any.fraction thereof, plus
10� for-each 1/8 mile thereafter be instituted.
This was being done-in order for taxis to use
the meters for determining fares. Mr. Moss
voiced his objection to the resolution stating
it was his understanding the Council was
going to pass a minimum fare of $1 with the
resolution-this evening, and.he did not
understand that the minimum rate of 80� was
to be established for 3/4 of a mile.
After- considerable discussion, Resolution
#6693 N.C.S.-fixing and determining rates
that may be.charged_for taxicab service and
repealing Resolution #6616 N.C.S. was intro -
duced by Councilman Cavanagh, seconded by
Councilman Mattei, and.adopted by 7 affirmative
votes.
PL & PD Increase Ordinance #1160 N.C.S. amending Chapter
Re Taxicabs
14.28, Section 14.28.120, of the Petaluma
Ord #1160 NCS
Municipal Code by increasing.minimum public
liability and property damage insurance
limits was introduced-by Councilman Cavanagh,
seconded by:Councilman Harberson, and ordered
posted by 7 affirmative votes. This ordinance
would increase the financial responsibility
for the operation of any.bus, taxicab, or
automobile for hire.
Taxicab Meters
Ordinance #1159 N.C.S. adding Section 14.20.300
Ord #1159 NCS
and.14.20.310 to Chapter 14.20-of the Petaluma
Municipal.Code to require- -every taxi operating
in the -City of Petaluma to be equipped with a
taximeter, regulating the.placement thereof,
and-authorizing the Chief of Police to inspect
=
the same and repealing Ordinance #1152 N.C.S
was introduced by.Councilman Cavanagh, seconded
by Councilman Mattei, and ordered posted by 7
affirmative votes.
W- 11 1
September 3, 1974
Taxicab Meters
Councilman - Cavanagh reported it was the.
Ord #1159 NCS
consensus of.the Committee that the section
(continued)
of the Code requiring taximeters should be
reinstated and that Ordinance #1152 N.C.S.
should-be repealed. They based their recommendation
primarily on:a letter received from.the
Department of Weights and Measures of Sonoma
County stating that either taximeters would
have to be used or a.zone system instituted.
Mr. Moss objected to the reinstatement of.
meters in.cabs stating that a meter is
designed to carry -only one passenger per
trip. Mr. Moss further stated that historic-
ally cabs in Petaluma have carried more than
one passenger per trip. Councilman Mattei
mentioned this matter had been discussed
quite thoroughly at the meeting of the Committee
on August 29th and it was one of the problems
that - they had hoped to iron out.
Extend Time--
City Attorney Matt Hudson stated this item
Westridge
had been placed on the agenda at the request
Subdivision,
of Mr. William Bettinelli, attorney for
Units #1 and #2
Condiotti- Enterprises. It was the City
Res #- 6694 NCS
Attorney's recommendation that the Council
grant the extension of time in view of the
fact that he felt Condiotti could go to the
Court to have the time extended if denied by
the Council.
Councilman Daly recalled that as early as
October 1972, Condiotti had been given
approval to build one hundred units, but had
delayed; whereas, he felt if they had moved
along at that time, the project would be
fifteen months closer to completion. He
objected to Condiotti building those,one.
hundred units, plus:the additional one hundred
granted at a later date, then with the
possibility.of another one hundred units
which could be granted— He felt building,
three hundred units at one time defeated the
purpose of the controlled growth plan by
placing extra burden on.schools and other
services.
Mr. Art Lafranchi of the law firm Lafr-anchi,
Bettinelli, and Mickelson, and representing
Condiotti Enterprises, stated it was his
understanding the approval given in 1972
only granting -the one hundred units under the
Residential Development Plan and not the
approval -of the tentative map. Director of
Community.Development Frank Gray stated there
was another.ten- month's delay in having the
map reach- the.Planning and Engineering Depart -
ments for approval because of the Environmental
Impact Report for departmental review and
then another year before the map - reached the
City Council.
The.Plannin.g Commission and the City Council
have approved the tentative map for.Westridge
Subdivision, Units #1 and #2, and Mr. Gray
stated the.Planning Commission has recently
given approval to the final map for Unit #1.
September 3, 1974
Extend Time -- At the conclusion of the discussion, Resolution
Westridge #6694 N.C.S. granting Condiotti Enterprises,
Subdivision, Inc., an extension of time to file the final
Units #1 and #2 maps on Westridge Subdivision, Units #1 and
Res #6694 NCS #2, was introduced by Councilman Mattei,
seconded by Councilman Brunner, and adopted
by 4 affirmative and 3 negative votes.
Councilmen Daly, Harberson, and Perry voted
"No."
Revised Final Mr. Young explained to the Council the original
Map -- Greenbriar, final map filed for this development contained
Unit #2, an error in that a small portion of land was
Phase III shown on the map as being under the ownership
Res #6695 NCS of the developer; whereas, a further title
search revealed this triangular portion of
the property did not belong on the map and it
was necessary to amend the map and bring it
back to the Council for approval.
257
Q0
Resolution #6695 N.C.S. amending Resolution
#6667 N.C.S. by revising the final map of
Greenbriar Subdivision, Unit #2, Phase III.,
as shown on Exhibit "A" attached hereto and
made a part hereof was introduced by Councilman
Harberson, seconded by Councilman Daly, and
adopted by 7 affirmative votes.
Chain Link Fence, Director of Public Works David Young reported
Caulfield Lane that at the suggestion of Councilman Daly,
Overcrossing they had looked into the matter of providing
Res #6696 NCS a chain link fence on the northerly side of
Caulfield Lane Overcrossing from the top of
the overcrossing to the Payran Street stub.
He felt a fence was needed to provide protection
for school children traversing the overcrossing.
Mr. Young further explained funds were available
in the Contingency Fund for.this contract.
Resolution #6696 N.C.S. authorizing the
Director of Public Works to.issue a change
order for the Caulfield Lane Overcrossing
Project contract for construction of 577
lineal feet of chain link fence for the price
of $2,626.60 was.introduced by Councilman
Harberson, seconded by Councilman Daly, and
adopted by 7 affirmative votes.
Expand Telephone In reporting to the Council, Chief Larry
System -- Police Higgins stated the telephone system now being
Department used by the Police Department reached its
maximum and it is impossible to expand the
present system; he is, therefore, asking the
Council to provide an additional $546.93 for
the monthly service charge for the balance of
this fiscal year, plus $500 installation to
provide a conduit from the Police Station to
the City Hall. It has been.necessary for the
Police Department to move the investigative
unit to the basement of City Hall and, in
order to provide communications for them, it
is necessary to expand the telephone system.
�gq
When asked by Councilman Mattei if this would
provide the ultimate system for the department,
4
September 3, 1974
Expand Telephone Chief Higgins replied it is not the ultimate,
System -.- Police however,.it.would suffice for some time. He
Department had Councilman Daly check out system
(continued) before presenting,.it to the City Council.
Councilman.Daly.feat that although this was
not the ultimate.system,,it was adequate for
what was needed at the present time.
A motion was made by Councilman Perry, seconded
by Councilman Mattei, approving the transfer
of $1,046.93 from the Contingency Fund as
follows:. $546' ..93.to Budget Section 1.00.327.
and $500 to,Budget Section 100.415 to provide
for the.expan Sion of the telephone system in
the Police Department. Motion carried by 6
affirmative _votes,,..l.abstention. Councilman
Daly felt.because he was.employed by the
Telephone-.Company he should from
voting on this issue.
Appropriation Ordinance #1157 N.C.S. -- Annual Appropriation
Ordinance Ordinance.and.Capital Outlay Program to be
1.974 -75 completed during the Fiscal Year July 1,
Ord #1157 NCS 1974, to June 30., 1975, to establish certain
(Second'..Reading) reserve .funds for future acquisitions; to
provide for.capital acquisition of equipment;
to provide for certain improvement projects;
and to provide that the items of the Capital
Outlay Program which exceed. the value of
$3.,000 be.approved and be ordered commenced
by.resolution and.to name the firm from which
the particular outlay program shall be paid
was adopted by 7 affirmative votes. Said
ordinance contains an "emergency clause" and
thereby becomes effective upon its adoption.
Tax Rate Levy Ordinance had been introduced at the regular
�\ 1974 -75 meeting.of the City Council, August 18, 1974,
Ord #1158 NCS to be published.
(Second Reading)
Councilman Cavanagh questioned the City
Attorney whether-or not the ordinance had to
be adopted.at.this meeting, to which City
Attorney Hudson replied the City Charter
called for the adoption of a tax rate the
first Tuesday in September.
Councilman'Cavanagh indicated a concern that -
since the City had received a loo increase in
assessed valuation,.he felt it would be
appropriate to reduce the tax rate by 5� from
$1.50 to $1.45.
In answer to Councilman Daly's question of
what the consequences would be if the Council
chose not to pass the ordinance, the City
Attorney gave. his opinion the.Council would
be in violation of their own City Charter by
not establishing the tax rate at this time.
In the discussion which followed, members of
the Council,agreed they would like to be in a
position to lower the tax rate, but felt the
time for discussion would have been at the
time the ordinance was introduced and the
Council had no alternative but to pass the
ordinance at this time.
September 3, 1974
Tax Rate Levy
1974 -75
Ord #1158 NCS
(second Reading)
(continued)
Letter from M. Patricia Hilligoss supporting
the 5� reduction in the tax rate was read
and filed.
Speaking from the audience in favor of a
reduction of the tax rate were Mr. Don Petro,
1300 Glenwood Drive, and Mr. Ernest Curtis,
1277 Ely Road.
At the conclusion of the discussion, Ordinance
#1158 N.C.S. levying rates of taxation upon
the assessed valuation of the property in the
City for the Fiscal Year July 1, 1974, to
June 30, 1974, was adopted by 6 affirmative
and 1 negative votes. Councilman Brunner
voted "no."
Councilman Brunner prefaced his "no" vote by
stating he felt the Council should take a
look at the possibility of lowering the tax
rate by eliminating the surplus in the Water
Department and by the elimination of new
programs in the budget.
Rezoning -- W.H.I. Ordinance #1155 N.C.S. introduced by Councilman
Supply Cavanagh, seconded by Councilman Mattei,
Ord #1155 NCS amending Zoning Ordinance #1072 N.C.S. by
(Second Reading) reclassifying A.P. #8- 194 -14 and a portion of
A.P. #8- 194 -15 from an M -L (Light Industrial)
District to a C - H (Highway Commercial) District
for property located at 709 Petaluma Boulevard
South was adopted by 7 affirmative votes.
Adjournment
There being no further
before the Council, the
at 10:55 p.m.
business to come
meeting was adjourned
Mayor
Attest:
City Clerk