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Home My WebLink AboutMinutes 11/27/1972s 2�3 MINUTES OF MEET-,ING OF CITY C.OUNC'IL PETALUMA, CALIFORNIA November 27, 1972 Council Meeting Adjourned meeting of the 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., Clecak, Daly, Mattei, Perry, Jr., and Mayor Putnam. Absent: None. Invocation The invocation was given by the-Reverend Julius Carriker, First Church of God. Approval of Minutes The minutes of November.6, 1972, were approved as recorded. CONSENT CALENDAR Upon motion made by Councilman Daly and seconded by Councilman Clecak, Agenda -Items #1 through #6 were accepted and approved by 7 affirmative votes. SI 32 Agenda Item #1 -- Letter, dated.October 31,1972, from the State Rabies Area Department of Public Health redeclaring Sonoma County as a rabies area and requesting statement of enforcement forms be completed and returned, submitted and filed. Agenda. Item #2 -- Letter., dated November 6, 1972, from the State Administrative Board of Equalization regarding administrative Cost Refund cost refund of $473.91, submitted and filed. Agenda�Item #3 -- Letter, dated November 17, 1972, from the County F Marin.County of Marin Local Agency Formation Commission that ,� Local Agency the planning activities underway among the Formation various'sani.tary agencies are sufficient, sub - commission mitted and filed. Agenda Item #4 -- Director of Public Works David.A. Young's certi- Demolition of fication of completion of the subject project, fl Buildings- -3`03 submitted and filed. Resolution #6172 N.C.S. Post Street accepting completion of the project. Res #6172 NCS i Agenda Item #5 -- Specifications for 6 vehicles for the Police .6 Vehicles, Department, submitted and filed. Resolution Police Department #6173 N.C.S. authorizing the purchase of 6 Res #6173 NCS vehicles (four.1973 model four =door standard size sedans, one 1973 model four --door standard size station wagon,,.one 1973 model four -door. compact size sedan) for the Police Department. Agenda Item #6" Liquid Chlorine Notice of the purchase of liquid chlorine was f duly published. Res #6174 NCS Report., dated November 20,, 1972,.from Administra- tive Intern David L. Smith, of bid opening for liquid chlorine, submitted and filed. Resolution #617.4°N.C.S. awarding contract to Georgia - Pacific Corporation for liquid chlorine. Agenda By.consensus of the Council, Agenda Item #7 -- public hearing on the modification to the Environ- mental Design Plan- -was moved (and numbered 14a) Qa November 27, 1972 Agenda (continued) One-1/2 Ton Pick Up Truck -- _Public Works Department Res #`6175 NCS;- Lot. #22,,Cherry. Valley.Subdwison upon recommendation by the C ty,Attorney.:for conside °ration after-Agenda Item #14:- Planning Commission Resolution #15- 72•recommendng .adoption of interim•guidel_nes and procedures for the - preparation 'of-Environmental Reports. Notice .tb bidders on the , ,subject veh -icle- .was duly publ:i'shed. - Report, dated `November 22, 1972, from•. Admire- istrative Intern -David L'. Smith that 1 bid was- .rece at 'the bid opening-November 21,- 1972>, submitted and filed: Name Amount Westerterp.Brothers $2,7-19.11 (Including -in) It was pointed out that the- bid :does' not provide for front disc ' brakes,. -as specified. .. Mr`. Smith noted that. a truck is avai -lable -from the State Department,:oflGeneral Services for.* $2,559.69 with - f'ront`..disc brakes,,. but the trade -in vehicle would have to be disposed of by the City. Foll'owing.some•discus ion, a=totion_ was made by'Councilman..Brunner and seconded by Council - man CIecak accepting the State bid_ Motion. carried _by .6 _affirmative and 1 negative votes. Councilman Cavanagh, Jr., voted "No. He felt the bids were fairly close and favored-award to the local.dealer. Mayor Putnam explained that. compliance with. the specificational was her. reason.for approving the State bid. Resolution # N . G... S . awarding,, contract for Purchase of _one. 1/,2 .ton pick up truck -for Public Works, -Department,,was introduced -by Councilman Daly,..second`ed, by Councilman Brunner, and adopted by 5,affirmative and 2 negative - votes. Council inen. Cavanagh , Jr., and Perry/ Jr.-voted "No." Letter, dated. _.November 17,,'1972, from Camille Enterprises stating -that the construction of the driveway at Lot #•2:2, Cherry Ua11ey S.ubdivi- sion', -has been stopped by the Build: ng Department. because it exceeds the guidelines o.f .15.%,grade and is considered uns'a;fe,; -and- requesting that a variance-be granted .to, allow the. driveway to, be completed -as it :exists, .:read. and filled.. Report,, dated November 22, 1972, 7 from Henry E. Anderson,, Chief'- Building Inspector, summarizing the problem and, ptopos°ing an alternative to meet the, 'established gutidel ne, -read and filed. Planriin.g Di- rector :Mc( ivern spoke of the 15;;% . grade policy wYich was..establ she'd years :ago and which- - 1as:.been used by F.H.A.-as a standard. - He - poi_nte:d out a'he. physical and, safety hazards l . - involved - with. -Yhe driveway - ;--the problem - of scraping the bo:.ttom, of thhe• car , wh'en' driving in and out of the dr=iveway. and the danger of .parking :a -car - on a steep driveway.. He explained various alterna- - tives for.Council consideration - to correct the problem. Mr. Jim Knuth -son of Camille Enterpri-ses appeared before the Council to explain the unintentional Claims and.B Res 4617.7 NCS Resolut-i-on #.6177 N.•C.S. approving claims and bills Noq'.. 1,3 1451 inclusive and Nos.-1440 to 145 approved for payment by the - City. Manager, -was introduced by Coun�':i-loran Clecak, seconded ded by Councilman Md.ttei, and adopted by 7_affi�rmative votes. ,California Coastline- Council members - interested in attending the public Initiative 'hearing on December.8, 1972., at the San Francisco Airport Marina on the California Coastline Initia- tiv e were requested to notify the City Manager's O,f.f ice November 27, 1972 O Lot -,#22.,- Cherry-- T m1stake, and- :to: ask for :a waiver of, the 15% gra e Valley Subdivision .,standard.. He offered to furnish the (continued) a lett(Eit of indemnification absolving the City of any liability that might be'incurred by_claims --for damages'. Aftet some discussion the. driveway grade it.was" that some degree of f lexibility. or a variance of the policy be explored by' the- staff ..to be.us.ed as a guide.. The Chief Building I-nspector recommended that variations from policies and standards be pre seated by builders at the time subdivision maps - are discussed in order to problems with enforcement. Upon conclusion of the deliberation, a motion was made by Councilman Mattel and seconded by Councilm Cavanagh, -Jr., granting Camille Enterprises a variance allow the driveway to be built as'reque,sted and that a letter of indem nification be to the City regarding the driveway. Motion carried;by the following vote: Ayes: Councilmen ::Brunner, Cavanagh, Jr., Daly, and Mattei; Councilmen Clecak, Perry, Jr., and Mayor Putnam. The -Mayor ,qiialified her "No" vote and stated that she wanted to be -certain that the City is in the proper situation when involved in a specific area.•,-She .also expre sed concern with unusual problems arising 'as -more -and more hillside build- ing develops and suggested close observation in this regard. .Agenda A motion was made by Councilman Daly and seconded by Councilman Clecak.to.add.a request*fromCa Enterprises for an-ext6nsion.of time to complete Cherry Valley Subd carried unani- moualy.- Cherry Valley Letter, dated�November 22, 1972, Camille #1 Subdivision Enterprises requesting. a 90-day extension on mom= Res #6176 NCS' = Subdivision Bond to,enable completion of the subdivision ' submitted and filed. Resolution #6176N.C.S. approving an _extension of time to complete -Cherry Valley. Subdivi-sion,.-was introduced by Oounc seconded by Councilman Mattei,- - and adopted,by 7 affirmative votes. Claims and.B Res 4617.7 NCS Resolut-i-on #.6177 N.•C.S. approving claims and bills Noq'.. 1,3 1451 inclusive and Nos.-1440 to 145 approved for payment by the - City. Manager, -was introduced by Coun�':i-loran Clecak, seconded ded by Councilman Md.ttei, and adopted by 7_affi�rmative votes. ,California Coastline- Council members - interested in attending the public Initiative 'hearing on December.8, 1972., at the San Francisco Airport Marina on the California Coastline Initia- tiv e were requested to notify the City Manager's O,f.f ice a November 27, 1972 December= Study - • Its was agreed by the Council to hold only the. 2 Sessions regular Council meetings and no study sessions during_the month of,;Deeember' unless an urgent matter develops,.. East Washington City Manager Robert Meyer reporte:d_that bids Street Interchange were'opene'd: for reconstruction o - f the East Wash- ington Street Interchange and the low received•from,W lmac Construction;Company. :The State Divis of Htighways is now checking -. details before award of.the contract. Recycling Councilman Clecak,. Chairman of the Council Com- mittee on the recyc =ling program, reported that meetings were held with Mrs: Luetta Thomas Mr. Bob Salinas); on. a., proposal for a- recycling center. No'financial assitance is being, requested,, only a alst•ance, to'•_locate a site either in the City or' in= ,nearby County area. The question of proper insur.anc.e..:.coverag;e is being investigated by Mr. Salinas, fo r �a .re,port to the . Committee as soon as _convenient: The. not an•.enterprise,for ind.ividua_l, 'gain,i but ,i•s designed for involvement ofyo -u.th Q -,gaXilza-t-ions and the mentally retarded in the ,community. Any 'ptadeeds from the. resale of the recycled,ma'teri.als will . be - deposited in the treasurie,s,;o€ these groups The-proponents are requesting public-endorse- ment. by the CounciI - the program; whereupon a - motion was'.made.:_by Councilman Clecak and seconde:d.by Councilman,Ma,tte.i giving support. -, Ito the'recyclin-g:progr;am in the - community. Mo:trion :car 'r�ied 7 unanmo.usly.. The,- Committee was _ directed= . 'to.,continue- working wth,Mrs. Thomas and Mr:. .Salinas on the matter. Interim Guidelines. Planning Commi'ssi.on Resolution #15 72 recommend- and Procedures -- :. ing - "the City Council that. it adopt, interim ,. Environmental - gu del ne.s and - procedures for the 'preparation, Reports of environmental "impact reports, submitted and filed. ;Re lew was held,-'on the proposed` resolution adopting the ,Plann°ng Commissions recommenda- tion and certain modifications `were' discussed. = Questioned "were_. Items ti, -0 requiring the f 'l ngr -of = Impact Assessment - .Questionnaires be- fore: the sfsuance of a permit. by the Building _ -.Department.' . Also suggested was a period" of time to., be snec °ied in =Items 44 and #5 to allow re -. view and - cbnments�on envir.orimen al impact reports _ by department heads and various agencies before being filed with t=he ,Planning; Commi ssi on- .for•. - action. In .v.ew of the proposed modifications, the. City Attorney' recommended:. that the rdsolu- t-ic n be ,'redrafted ."an:d represented to the Council at s ;meeting on °December 4, ,1972; whereupon, a mot -ion•. ;was ':made ,by - Counccilmar.i Daly , and seconded ". by.Counc iman Brunner to table the subject resolu-- ton- until December; .4,, 1972. Motion carried, . unanimously.* The Cty.Attorney recommended de- laying action on Agenda, Items, #14a' and 918R through 42'1 (Environs mental. Design Plan modif'icat'ion and 4 re.z_onings) until, Council adoption, of the guidelines. Mr. John °K•n.g - appeared bef.ore.the.Council urging November 27, 1972 .0 9 Interim :. Guidelines actiori on Agenda It -em • #14a • (Environmental Design and•Procedures -- Plan.modifilcation.) and.Agenda Items #19 and #20 Environmental Impact rezoning areas related to the Environmental Design Reports Plan modification.. (continued) Environmental Design This being the time set, to hear protests on 3!' Plan-- Mo.difi;cation the modification of the Environmental Design Res #6178 NCS. Plan, the Mayor declared the public hearing open. Planning Director McGivern presented a map of the -area and reported that the Planning Commis- sion recommende.d.the:�specific planning and special study areas bounded by Lakeville High- way, Caulfield Lane, U.S. 101 Freeway, and Jefferson Street be modified to designate said . area as. industrial land and service commercial Land use. He further added that residents and businesses in.the- area,__were contacted with re- gard to the proposed modification and there . were no objections to. the. proposal ._, Planning Director McGvern presented an Environ .mental .Impact Report, on the subject area prepared by the staff. Said report submitted and filed. As no other comments were heard, the hearing was. closed,.,; 'whereupon Resolution #6178 N.C.S -. _ modifying the Environmental Design Plan and providing that a specific planning.are.a,.more pa "rticularly described herein, to.be designated industrial land use and service ' commercial land use,,,,—Was introduced by, - Counc'ilmari Daly,. seconded by Councilman.-Brunner, and adopted by 7 affirma- tive votes. Agenda By consensus of the Council, the order of-the— agenda was changed by- .rearranging.the- ,remainder. of the agenda-.items for consideration in the. sequence ,as. ".f:ollows :. #.19, #20 #/9 #21, #1.5, #16,_ #17, #22,,. and - #23.- Amend Zoning. Ordinance #106.9• N. C..S;.:, amending Zoning Ordinance Ordinance -- #662,N.,C.S.o -by reclassifying,certain.Lands gener- Lind -berg Lane- U -.S.- ally bounded by U.S.. 101 the Fairgrounds, 101. Freeway.Area Lindb'erg.-.and Caulfield Lanes from an "A." (Agri - Ord #1:069 NCS cultural) Dis trict and an. R- -1,000 °(One - family. (Second.Reading) Residential) District.to an N1 7L - (Limited Industri- al) District,:was introduced by Councilman Daly, seconded by Councilman Brunner, and adopted by 7 affirmative votes. Amend.Zoning Ordinance #1070 N.C.S. a.meriding Zoning Ordinance Ordinance— #•662 N,..C.S•. by reclassifying area - generally Lakeville .. bounded by Lakeville Street, Caulfield Lane, --- Street� Area Lindberg Lane,, and East Court from M -L Ord #1070 NCS.-. (Limited-Industrial) District to a C -H (Highway (Second Reading Commercial) District, was..introduced by Council - .,man Daly,- seconded by Counci and adopted by' 7 offirmatlive votes. Rezoning- -Area Councilman Daly reported that Qantas Development Along Washington Corporation filed an Environmental Impact Report Creek (Qantas) on the subject rezoning application, but no -Ord #1068 NCS action w_as, taken by the Planning Commission. He felt that a Report `is not required and claimed that: .he development is a non- significant type and aoes-not- affect environment because of its infilling character. November 27, 1972 Rezoning - =Ar ea. •. Along Washington, Creek (Qantas) Ord. #'1068 - NCS (continued) . Rezoning--West.- Street Area (Nunn) Ord #!10 71 NCS Planning - Director `•McGvern explai that.:tYie. . Re:port, was fiied too `l'a'te for thorough review by •staff members. and ''the various agencies In- volved;.t•here;fore; no recommendation was avail - able for the Planning Commiss'ion°at its meeting on November 21, 1972. 1 Mr. John. Jost -yn 1of Qantas Development Corporation appeared before - the.Counc'il for. clarification of the procedure. It was.his understanding that upon filing of the report, the Council would,consider th rezoning application tonight and-that the Planning - Commis,sion would not be involved. However, City Attorney Robert.recom- mende.d:delaying act -ion on the rezoning applica- tion in order to publish a notice filing of the Report and give the public an' opportunity to make comments thereon. After some discussion and considering the circum- stances involved, it was .decided to hold a public hearing on the Environmental Impact Report .on the 18th, of December, 1-972;, . to be fol- lowed by consideration of the subj-ect rezoning application and and adoption of the guidelines•. In the int period., -the staff and appropriate agencies were directed to review the: Report for ''sufficiency. •Comments were also invited from the Planning Commisrsion for Counci'1 information. Planning Director.,iMcG vein reported that an Environmental Asse Statement.and an.Environ- mental Impact Report -were filed by Mr. Ron Nunn on the sub,j•`ec- rezoning application. Review has not been completed•by the staff and .agencies -for suff icency-,and.recommendation thereon. Director of'Public Work's David Young pointed out the traffic problems -' in, the Cherry Valley- Magnolia Avenue•vicin -ity to•be' considered in connection with other developments in the area and which would have -a cumulative effect on the environment. i ,l Mr. Ron Nunn wa -present on behal=f` of his .pro - pos'al • and .also -requested procedure on the matter. After, some d'iscussion�a' motion was made by Councilman Clecak' and lseconded by 'Councilman :Perry,, Jr to• follow the same procedure as approved - - f.or bhe Qantas application and that • the staff 'review- -the ;reports for Council con- s iderat`on on December `18, 1972. Motion carried . by the following vote.: Ayes!:, Counc`i•lmen- C'lecak, Mattei, Perry, Jr., and Mayor Putnam. = Noes:••Councilmen Cavanagh, Jr., and .'Daly ; New Zoning Planning Commissiori`Resolution #16 -72 recommend - ordinance in.g to .. the. 'City ,Council that ;it- adopt a new Zoning Ordinance, submitted and filed. 'Because of the numerous, questions pre it was agreed to hold a session at 4:30 o'clock p . . on Thursday, November 30, 19 7 2 , to review the subject ordinance . ' i ,l N ovember 27, 1972 Eas,t-- WAshington W,ith2,the consent of-the introducing and .seconding Street Interchange Councilmen; the word ZiMayor" in the proposed Res #6179 NCS resolution was changed to "Director of Public, Wor whereupon, .Resolution #6179 N.C.S. authorizing -the Director of Public Works to execute agreement with the State of California relating to -the State water valve covers in Washington Street, was introduced by Councilman Mattei,tseconded by Councilman Clecak, and adopted-by 7 affirmative votes. Casa Grande Director of Public "Works David Young reported AMI Pedestrian Path that at the request of.the' local School Board the_s "Sonoma County Board of Supervisors approved -the construction of a pedestrian path on Casa Grande The-Sonoma County Director of Public Works has.requested Council consideration to contribute a maximum of $500 to construct 'the path lying within the City limits area. A motion made by Councilman Daly, seconded by Councilman Clecak, approving the expenditure of -a maximum of $500.for the project. Motion carried unanimously. Full -Time City Councilman- Brunner requested action on the issue Attorney Posi�t'ion presented at budget hearings of expanding the part -time City Attorney position to a full -time status. He referred to the departmental memos stating reasons for such a need. City. Manager Robert Meyer presented numerous a'.. :. '. -'reas'on's-to support the need for the full -time position,.and among the most important were the following: (1) Constant review of bills passed by the State legislature and transmittal of ' information to the .departments involved; (2) - -legal involvement'with. the California Environ- mental Quality Act of 1970; (3) exploration of all available State•.and federal grant - ,programs; (4) legal counsel for City commission meetings; (5'.) follow -up on legal matters; (6) perform in an administrative role; and (7) more availability. City Attorney Robert,debated the need for a full - time City Attorney pointing out that he spends an average of 20 hours a week on City work. He felt that a full -time position is not justified at this time. He explained that although his office is located downtown, daily visits are made to the City Hall at 4 :00 p.m. for consulta- tions and that he is always available by phone to the various departments except when appearing in Court or on.private business. He indicated the possibility of charter change to effectuate the full -time City Attorney position. A suggestion was made by Councilman Matted to more thoroughly review the merits and the costs involved with the proposed position before acting on the issue. Following considerable discussion, a motion was made by Councilman Brunner and seconded by Councilman Perry, Jr., creating the office of a full -time City Attorney,'ef,fective January 1, 1973, and authorizing the City Manager to begin preliminary recruitment for the position. Motion carried by the following vote: 230 November 27, 1972 . Full- Time'City Attorney Position (continued) Slip Demolition of Sli Buildings - - 30.3 English Street Res. #6180 NCS Demolition- - Building at Foot of B Street Adjournment. Ayes :. Counci -lmen Brunner, Cavanagh, Jr.., Clecak, and Perry Jr. Noes: -Councilmen Daly, Mattei, Mayor Putnam. City.Manager Rober=t.Meyer reported that the owner of the.buildings at 330 English 'Street is making the necessary repairs and demolition is not re= qu ired wher- .eupon •- Resolution #6180 N . C . S -. reject °ing all for the demolition of the buildings at 3 'English Street., was introduced by Council - man- Brunner seconded' by Councilman Cavanagh, Jr. , and 'adopted by, affirmative votes. In'an'swer to Councilman.Cavanaghi Jr.`s, question, -Director•of Public.-Works David Young indicated .'that specifications are being prepared to demolish `the buxildi.ng• at °t1ae' foot of. "B" Street. 'There'being• no-- further business to come before 'the Council the meeting was - adjourned at - 12 ":20 o' c °lock `.a.m:', - November 28, 1972, to an executive session. Mayor Attest': City Clerk 1