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HomeMy WebLinkAboutMinutes 10/02/1972_8 MINUTES OF MEETING OF'CITY COUNCIL. PETALUMA, CALIFORNIA October 2.,• 19.72 Council Meeting RegulaT meeting-.of. the Council of the City -of` Petaluma was called order by Mayor Putnam at the hour,,of 7:30 , o'clock p.m.. Attendance Present: Councilmen Brunner, Cavanagh, Jr., Clecak, Daly, Mattei, Perry, Jr., and Mayor Putnam.' Absent: None. Invocation The invocation was given by the Reverend David Shaw, St. Vincent's Church. Broadcast.of Mayor Putnam announced that tonight's Council Council Meeting. meeting -is being 'broadcast'ed.by'KTOB as a pub - lic service:-to th'e community: Approval.of Minutes The minutes of-September 18'x, 1972, were approved as recorded. {j'7 CONSENT CALENDAR The City Attorney explained that the Consent Calendar authorized by Ordinance No. 1052 N.C.S: is, a method group routine, noncontroversial items under for Council action;, and_; if anyone .in..th'e. audience or any member of. the Council wishes to discuss an item,_ such item may be considered separately later on the agenda. Mr. Robert added "that the Consent.Calen- dar is.a.:means to expedite the Council meeting. Agenda Items Nos ._„ 1 , .2 ; 3, 4, and 6 (No. 5 re- moved from the'•agenda) on Consent. Calendar were u'nanimous•ly. approved on a motion made by Councilman Cavanagh, Jr., and seconded by Councilman Daly: Agenda Item 41 -.- Resolution #6138 N.0 :S. "denying, claim for .!/ F Claim for Damages d by.J - .; Fred Haley on, behalf of Res:•_ #6138 NCS Dolores De.rmake. in.'the,amount of $200,000. Agenda•.Item #2 -- Resolution. #6139 N..C:S: setting hearing date > C Petaluma "I" St. f.or protest to proposed annexation, Petaluma Annexation "I` ". Street An- nexation. Res: #6139 NCS' Agenda Item #3 - -' Resolution #6140 N.C.S.,a,pproving plans and ��\• Demolition'of - spec- ifications;for "Demo.lition of Buildings -- Buildings,.330 Project 330 English Street." English Street Res #6140 NCS Agenda Item #4 -- C Resolution #614.1_N.C.S. protesting decision a(� County Bond of County Board of Supervisors to J Election charge a portion of the election costs of .the Res. #6141 NCS recent County Bond Election to'Sonoma County Water Agency. T Ag enda Item #6 - -. g C.S. declaring certain Resolution #61,42 N. ti Surplus 'Property outmoded equipment as surplus property. Res. #6142 NCS East Washington Notice of Public Hearing on the subject matter Street Plan Lines-- was - .duly posted and published: Lakeville Street to Freeway 101 This being the time set-to hear protests and _ -8 October 2, 1972 East Washi -ngton Street Plan .Lines -- Lakeville Street .to r Freeway 101 (continued) comments regarding the East Washington Street Plan Lines -- Lakevil le, Street 'to - Freeway .:101 -- the Mayor - declared, the public- hearing. open. ` The City Clerk announced that the following two letters were received: Letter, dated September-2.0, 1972, from Mr. Lesly.H: Meyer;'Superin.tendent of'PeItaluma Sehool requesting that the City -take into consideration the students who cross-the street to reach the Kenilworth Junior' H_igh.,School, 'or McKinley Elementary School and that cro swalks, sidewalks, and,zafety zones established,- read and filed. Letter, dated September. 29, - 19.72, from Mr. Ernest Curtis,, owner of property at. 817, 821, 825, and 8.29 East �.Wa�shington Street,, expressing an opinion on .some al:,ternatives possible -to the proposed plan- 1 -ines and giving . reasons-to warp the right -o,f -way toward_ the park area, read and filed. Dire.c:tor of Public Wo,r:ks David,Young reviewed the 5 -plan submitted in 1969 by; - - Ho,ffman and. Albritton; Consulting Engineers employed by the City to prepare,a study on'the'widenin-- of East. Washington Street.• Plan A -2.-1, referred to asr the Compromise Phan, . was `recommended - to the City, Council by the consultants - -and, 'the Planning ::Commission some 3 years. - - ago . - After holding--a public hearing -on December 1,, 1969- ,. the .Council `tabled -the matter and in July, :197.0, it was' -ed to Council Study• Ses- sion. At a recent•study session 'the: Council directed the City Engineer to prepare a based upon-A -2 1 and modified eliminate parking::. In ,discus,sang, Plan A: -2 -1 Modified, Mr. Young recommended' that the p1,an be 'further ,modified to warp .th'e design between P.ayran Street and the Freeway by- widening the street only on the southerly side Washington Street and: therr6by - t =ake ':publicly 'owned land ('Kenilworth Park'and, the Municipal Swimming Pool-), Those who raised questions regarding the- amount of land - to . b.e -taken for the right -of -way- were.: . Mr., Par-r-ell Fleming, owner: of property on the northwest corner of Payrarn and East Washing - ton Street . M.r. Larry Short., representIng Taco Bell, 707 East Washington Street;. Mr . 'Ken Colin,. involved in property . on the northwest, :corner of. Vallejo -and, East, Wash ington Streea Mr. .Dan, .O' Brien, A & W - Dr - in , 6.00 East Washington Street,,. Mr . V " DeCafl -i owner of service .station at the southwest corner of Payran and :;East Washington Street. Both Mr. O'Brien. Mr. DeCarli objected to the proposed, plan. and f °avored.a more symmetrical 9- October 2, 1972 187 East-Washington plan to 'widen the street. Mr., DeCarli also ob- S!treet'Plan.Lines -- jected to 5. lanes of- traffic with islands pro - L akeville :Street to posed at Payran and East Washington Streets Freewa 101 which would prohibit left -turn movement into ('continued') hi,s -service station -from East Washington Street. Comments were heard from.the following: Mr. - Stuart Curtis, 21 Alma Court, Mr. Bernauer, 842 St,. Francis Drive; and Clyde "McCord, 1008'Philips Avenue. Mr. Norman Rollins, -owner of, parcel at the north- west corner of Ellis Street and.East Washington Street, favored the plan as recommended by the City Engineer. Upon of the discussion, the Mayor declared - the public hearing closed. A motion was made by Councilman Brunner and seconded by Councilman Perry; Jr.., that the City Engineer bring back a..graphic. plan in accordance with his -recommendation, and also.to'prepare,a written description for the•.Plan Line'Ordinance incorpo- rating the recommendation. Motion carried by 6 affirmative and l,negative votes. Councilman Mattei voted "No." During ,discussion of Plan A -2 -1 Modi,fied,:Counc lman,Mattei proposed con - sideration of a mor.e:equitable - plan -- particularly between Edith and Streets. Transfer - -James B. Letter,.- da -ted October 2, 1972, from Gerald Rodder, Simonds Development Inc.; T-ransamerican Builders, Inc., requesting sla ttO To Gerald Rodder, Inc. Counei.l of•transf'erring from James B. Simonds'to.Rodder, In - .c.•, the allotment granted by' "Re,solution No. 6028 N.C.S. of-Policy - respecting residential construction and population,growth for 93 apartment.dwell°ing units located on Magnolia.Avenue and also requesting a change in the construction schedule -to begin November - 1.972, to February 1, 1973, read-and filed. Director of Planning-McGivern referred to Sec- ti6n.8 of Resolution-No. 6028. N.C.S. requiring - Counci'l's a.pr.q� the transfer and construe- tion.`schedule change; "After a brief discussion, a motion was made.by Councilman Daly and - seco- nded by .Councilman Perry , :. Jr : , approving the ', trans16-r from Mr, Simonds to Rodder% Inc. Motion carried unanimously. It.was.explained to Mr: Ro'dder that construction of .19,72 -73 allotments: 'is ' to be completed by May 1, ~1973, and'he was urged to.commence construction as -as possible to meet the- deadline date. - If, additional time.'is" necessa -ry in order to com- p,le'te construction is near comple- tion-by May 1, 1973:, an extension of. time can then. be. requested•. • Request for Deviation Le.tter•, dated - September 25, 1972,; from David C. 4g-� F From Plan Lines Traversi,. a.ttorriey.representing Paul,Ciampi, Magnoli - Avenue •requestimg deviation-from-the normal setback from plan lines fronting property at 20 Magnolia Avenue, read- - and filed Planning Director William McGivern displayed a map of.the lot-arid surrounding area. He explained,that the - structure on the lot is October 2, 1 Request` .for Deviation pr -,eser tly •.a residence-and a site - design approved From.Plan Lines by the Planning Commission incorporates' remodel Magnolia Avenue ing and up- grading,of the building•with.conver- (`continued) sion to a conform ng,:commerc�i .use. The site plan does not-invo;lve'any enlargement.of the structure within the setback area, but does provide-for. an..-addition, of approximately 262 square -feet in the rear yard and.partof the front.portio:n,of' existing residence will: be removed.in order - to provide the j foot set- _ back. - He added tYat_in accordance with the City Code `and C- S . ­ Zone' requirements, a setback of 10 feet is from-.the' established plan lines.' The�Cit.y Code -also stipulates the City Council may grant a variance upon evidence of unusual hardship or extenuating circumstances. He noted designation of the area as Planned. Unit Development. ri the E...,D.P. and Commercial Zoning in. the 'Zonin'g Ordinance' - -a point ; to. be clarified. before. January 1, 197'3. Mr...David Traversi appeared before the'Council On - beh`al'f of Mi`_ Ciampi presentirng details of the request for the '7 foot deviation from the plan line requirement..: ,He .pointed ' out . the benefits to ":b.e derived .by the City -up- grading of the structure, converti -ng to,' a- conforming u.se,% and dedicating °-property within - ,the plan line area which would relieve the City of 'pur- chasing . the property for street widening., purposes. Questions were raised whether the 'structure would present a _pr.oblem, for proper s1' ht..dis tance •f.or traffic -using the - accesss- driveway , on the adjacent- lot for the C &.S',Enter -. prises' apartment complex., When- °the. - -site plan for C.& S Enterprises' apartment complex was. reviewed,.there` was a staff recommendation that serious consideration.be. given to:provide public street, for access to the' development. Director of- Public' Works 'David Young made ,a comment there could be.a sight problem, because . of width of the.access street. 'and also be- caus.e of th:e..ex'isti.hq "biii.ld`ings that could obstruct the.sight distance -. Mr..Ciampi was present and pointed out that the subj e,ct . lot contains. a 12 foot driveway-, westerly tof-the structure and that the access driveway for the complex .on. the adjacent lot to the west -is situated near the center of the lot _with parking avad la -b,le to the. east. Mr. Victor .DeCarli,, owner o.f: property located at the corner of Petaluma Boulevard North and Magnolia Avenue and. 2 :lots east of -the subjaect p :t,del, -- spoke against the .request, for the devia- tion of the ,plan liners.. He felt there should be,, no precedent ; set , ;to allow any encroachment in the= plan line -area. Bec'au'se of the .c_oncern, of proper-''sight, distance and design of the adjacent lot with parking and acgess.d-- riveway to the apartment complex., a motion. was made by Councilman .Clecak,- and seconded by Councilman Perry : Jr: to table the subje "c.t re- quest" 'until October 10 - 1972 ", in order for the Council to make 'a f -field .trip -of the site. - Motion carried ;,by '6 affirmative and 1 negative votes. Councilman Jr.; voted "No." October 2, 1972 Appeal'filed by- of Planning Com- Appeal - -- Rezone 817, .Ernest 821, 825, and 8 miasIon decision, September- 19, - 1972,. denying East Washington St_ application.to' rezone' -8;17, 821, 825,-and 829 East Washington Street from an R -M -1500 District to a .C' - District, :submi ted and filed. A motion was by Councilman Cavanagh, Jr., and seconded by Councilman Daly, setting October 10',' 1.972, .as "date to hear the 'appeal. Motion carried unanimously, Agenda ',moved Agenda Item #17 By .consensus the Council , Luche.ssi''Park - Development, for con- re gardin g °s:deration with Agenda Item #11 regarding - S'hollenberger River Park;; Shollenberger- - Letter, dated September 2'1, - 1972, from Super- �s River Park, -= visor Philip L. Joerer requesting that a basic .g Luches,s.i -.Park uhderst between the Council and Board of Development Supervis,ors,be�.reached with regard to an agree- ment on the-development of Shollenberger River Park and also asking' assura'nce.by, the City Council to make some financial.'effo.rt in regard to.-.sewer, water,.and some land preparation so the baseball and .soccer groups can start work on fields; read. and filed. Counci -lman Clecak•re,ported that he attended a tee ting * - held`by Sonoma County Counsel .Tom Sawyer, Sonoma County Recreation Director Joe Rodota, Reereation.Director Jim Raymond, City Manager Robert Meyer, and City. Attorney Edouar.d Robert at..which time a.proposed draft Agreement and Lease -was4 developed- and accepted '.by those at- tendng. Copy of said draft submitted and filed. Councilman Cle'cak - reviewed.various.sect , ions of the - proposed draft relating to County and City participation. He out the provision whereby the City agrees , to - maintain and care for the - park at•its.own expense; however, in order to�pr.operly the - area,, it -will be" necessary- for the City to - install an 8" water line to' sdry -ice, Pha.se- and future development of Phase I I,. •Co'st of 7 such installation , would be.;.approximate'l.y $17, and said' amount would have. to be all'o,cated by the Council. Councilman Cl.ecak referred to the minutes of t.h& Recr-.eation Music; and Parks Commi's.sion, dated'September'_20, 1972, and letter, dated September 28..,'19.72 ; from Commission Chairman R..' C.; Mu,zio , -of the Commission's', request that the- present master plan of Luchessi ,Park be developed along' -the. lines-of the phases and priorities.-- Athletic fields, in- clud.ing. tenni °s, courts', turfed-area and land- scaping, arid buildings•and parking. Copy of 'sa'id . minutes. and letter submitted and 'filed . The Commis'sron : in its: action *further requested that the motion be .considered when the.City Council- discusses the..priorities to be'placed on the - budgeting of .funds for.the development of-' •Luchessi Park ,.and Shollenberger, , River Park. The - Commission.' accepted Shollenberger River Park for future development, but is waiting --for an- 'agreement as to.. the full of the park between the City, acid .the County before taking any definite action. i t October .2.,, 1972 Shollenberger Supervisor_Joerger was present and - requested River Park_ that "the - Council accept- the .pr agreement Luchess.i..,P'ark for-the' development of Shollenberger River Development Park, (continued) A..lengthy discussion followed and.Councilman Clecak,stated that an up- to- date. report of Shollenb.erger River together with the pro- posed agreement will be presented at the, Recreation „C'ommission meeting Wednesday. If the.agreement is- accepted and $17,00`0 allocated for.,Shollenber.ger River Park';, he.suggest',ed the Council then consider development of Luchessi Park-as recommended'by� the Comiiission. Upon..completion ,of -the deliberation, the Council by'consensus supported -.the general principles ofithe. proposed- :draft agreement. The City Manager` „was directed -to refer said .proposed agreement - to the.Board of Supervisors for its review:: Councilman Clecak was asked to submit_ said proposed draft_to.the Commission for.its consideration-and comments for a, report to the Council thereon. No further discussion or action was held on the. Commiss�ion''s: request for Luchessi -Park develop - il, ment'..priorities: TOPICS FUNDS Letter, dated September 1, 1972, from State Director.rof. Public•Wo - ,rks James A. Moe.announcing' revised dead- li- ne. for res °erving • TOPICS Funds for f.i.scal years. 1970- 7'1.,. 1971 - -72, and 197 -2 -73 and - requesting 'the City, furnish an estimate . of its abilityi'to' meet. the revised -deadline .dates in..otae'r for t'he.de.partment to. take action to ensur.e'the obligat of the funds, read'and filed. Director of Public Works David Young•explained the various- .methods to reserve the funds. He . pointed . that clarification was ;•obtained from. the State Off ice that it will not be neces- sary to reserve the "Wash Dollars' "' °TOP -ICS Funds which were appropriated for'the:1972- 73-fiscal year. Upon Mr.. Young'•s ,.reeommendat -ion'a motion was - made by Councalman. Daly .and. seconded by Council- man ,Perry; Jr.,'au thorizng the Director of Publ,ib to contact the State Department of'-Public Works and reserve the°'TOPICS' Funds. for 1970 through" 1 by Method No'. , 3-- "Construc- tion• ". for .propos,ed ; proj "ect "Washington Street Widening• Between Kentucky Street 'and 'Keokuk Street,. Motion carried unanimously. Agenda Agenda ',I,tem #13 regarding Proposi;ti #20 was moved for consid;erat_on - with Agenda Item #22. Agenda •A motion wa s , made:by Councilman -Cavanagh, Jr., and seconded by.Counc-ilman Perry, .Jr. ,.to.add an item to the.a , re ; lative to the grant for the Sewer Projec ... Motion earr,ie'd.un'animous,ly. 191, October 2, 1972 David Young d � Water - Polliition _: Di:recto.r of •Publici Works . report_ed Control Facilities• that a - letter ways- 'received from•the State Water 1972 Resources-Contr Board with the 'contract for Res. #6143 NCS the ,Clean' Water Grant, The Board partictilarly pointed out that.due to language'contained in the proposed ..amendments to the Federal Water Pollution• Control •.Act, _it ,is important the contract-be;-fully executed befo're.enactment of said ,Act:. •.,Mr . Young , summarized the contract. for Counci information. Resol >ution. #6143.!N.C.S. authorizing the Mayor to execute a contract.with• the State of California relative to.a.Grant for Clean Water -was introduced by Councilman Brunner; seconded by Couricilman Matte, and adopted by 7' - affirmative votes. Claims and Bills Resolution= #•61.44 N.C•.S.. approving claims .and Res. ' #6:144 :NCS bills, 996;to .106 inclusive and Nos 1366 -to 13:87 inclusive,. approved for payment by the City , Ma- nager, was' introduced by Councilman Clecak,.•seconded - bby.Councilman Brunner, and adopted - by.:7 affirmative votes. Jitney Bus Councilman..Cavanagh,: Jr.., Chairman of the 344 Operation_ -. Council- 'Transportatiorri--Committee, reported that the Committee met,sever.al times with Gravesen. Brothers., - owners of the jitney bus line, to review-its- fiftancial' operations and to exp,lore,:the.possibility of the City assisting the:, transit -system. with ' a' subsidy .program in order .to, 'continue No specific recommendation,on the natter was submitted by;the.'Commtte.e; however, it was. the consensus, of the Committee that .it would - be too expensiv the line on the basis tithe system.'s•prese'nt 'level of service and The Gr,avesen Brother-,were.present and indicated interest to continue the service or resume service if a:-method to generate more usage is developed. A motion was -°made - by -Counc,ilman Brunner and seconded -by Councilman,Perry. Jr.,, to,.terminate the: -jitney:• bus .service franchise, effective today: Motion Carrie- unanimously. Functional • Councilman-Brunner reported on the hearing. Classification held' by- the;,St`ate . Senate Committee on Trans - Study' portation• ;In Santa- Rosa. on September .,19, 1972, on.-the Functional Classification Study con- ducted-by the.-State-•Department of Public•Works, which proposes - to reduce the State Highway" System from 16.,000 to 5,100 miles. 'Senator Randolph Collier was present at the - hearing, and expressed displeasure with the report. Councilman Brunner stated that there is no action. - required by ,the-Council at this .point. Sonoma .County Letter,,. dated 'September 27, 1972, from. Gordon 0 Water Agency -- W. Miller, Chief Engineer, Sonoma County Water Committee Agency,, that at-.the Water Contractors' meeting Appointments it was agreed to establish 3 committees to work on various - problems in' assuring construction of water supply facilities in time to divert 1.92 October 2, 1972 Sonoma County Water:Agen Committee Appointments' - (continued) Sonoma County. . 7 Improvement Committee pbssIble..wAt6r, shortag - e and requesti:..nq: that repr&sentative appointed fr6m the 'City bn each committee,:-'s.ubffii't and filed. City Manager Robert Meyer noted the En-:, gineer.ihg will be meeting..on 4, 1,972,, and -an appointment. to this Committee is -ne:edod; whereupon; :a motion I ,was made, by y Cbun Matt­6i, and.-sec6nded.by Councilman Clecak,, dosign City Engineer David'Young as the,C'ity's;official representative to the,* Water U gineering Advisory Committee to the , Sonoma'CoUnty Water-Agency*. Motion. Appointments . to the.C'bntract and-Polidy Commit-7- tees Are to be.m.ade'at later date. Councilman Cavanagh, -Jr., was asked to represent tho,City'of'-'Petaluma at the Sonoma County Im- provement CoMmitteo' at S6,nomA Joe's on Tuesday,, - October 3, 1972, at which time projects to b,e recommended to the State Highway, Commis sion will be - considered. �i Former . Christian R&ference was made . - by the ,City ;Manager with Chiirch Building regard to momb', dated September 27-1972, from Directbr of, Recreation'Jim Raymond on uses of the f&:rinet C hristian Church Building. Discus:- s matter will be' held at the Council meeting on pctober 10, 1972.' San Francisco Bay City Manager.-Robert*Meyer requested those Area Coun cil Council members planning to attend the San. Francisco Bay Area Council meeting in San Franci-sco on -Thursday to notify him .immediately so that re can be 'maae' Rezoning--833-, Planning , Commis:s ion. 'Resolution #Z13-72.-recom-, And 8'41 East mending the adoption of pt,oposbdamendment to Washington Street Zoning Ordinance No. 66 N -.C.S. ,by',reclass Ord. #1065 NCS� 833'_, .8,-37, an . d 841 East Washingtqn I S treet tree t (As s Parcels No. 7- 022- 1'0 ; -1 -19) from an R-.,M.-15'00 Distriqt a C-N. , District, submitted and filed. Z N.C.S..amendin''o' Ordinance No. 1065 n 'g - -,in _g Ordinance as recommended was int-roduc6d by Councilma-n Daly, seconded by 'Councilman.Perry, Jr. , - and ordered, published by 7• .a - ff irmative. votes*. Development All'otment Map'',and. broa'kdown' of' Developmen*t Allotment, - . Appl .1973-74 Appliaatiohs tbr 19 73 prepared by - T16Lnning Director Will i,am�- McGivern, submitt;ed and. f iled. Ballo Propositions. Lotter, dated Septom4e'r 20, 1972,, from-Citizens l* Against the Co,asta - Initiative sup- port,in opposition to-P•oposi No. 20, sub--! mitted and. f noa,. Letter -f rom City of Half Moon. Bay With r'esolu- t #20 urging :suppo of all-cities to :.defeat the proposition,, submitted and f-, Rd Watson Amendment #14) City' Attorney-Robert,report-ed that the Board-bf - Directors -of the League Cities unanimotis ly-,voted •to oppose' the su:bject * initiative. -93' October 2, 1972 Ballot Propositions Consideration.of said propositions.was. deferred (continued.) for'further' review. Appointment -- Resolution #6145 N.C.S. appointing G. Roland Planning Commis's,ion Bond -to the Planning (to fill Res. #6145 NCS vacancy created by- resignation of Arthur Cerini)- was introduced by Councilman ; Brunner, seconaed'by Councilman Perry., Jr., and adopted by'7 affirmative ,votes. Agenda. Agenda-Item #24-7-303 Street was postponed for consideration at the Council meeting on October .1'0, 1972. Adjournment There-being-no further business to come before the Council, the meeting was adjourned to an executive session at 1.2:20..a.m., October..3, 1972, and' Tuesday,-October 10, 1972, at 7:.30 o'clock p.m. Mayor - Attest:- C'ty.Clerk,