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HomeMy WebLinkAboutMinutes 06/04/1973I o _t MINUTES OF - MEETING OF CITY COUNCIL. PETALUMA, CALIFORNIA June 4, 19;73 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 :, 3 0 •o clock p.m. Attendance Invocation Approval of Minutes Presents Councilmen Brunner, Cavanagh, Jr., Clecak, Daly, Mattei, Perry, Jr., and Mayor Putnam. Absent: None. Due to'the absence of the Reverend Herbert Bauck; United Church of'Christ, no invocation was given. The minutes of-May 21, 1973, . and May 30, 1973, were approved as recorded.' CONSENT CALENDAR A motion was made by Councilman Mattei and seconded Councilman Clecak adopting.the Consent Calendar Agenda Items #1 through #6. Motion carried unanimously. Agenda Item #'1 Sonoma- Marin Fair Parade Res #-6311 NCS Agenda Item #? Sales and Use, Tax Res. #6312 NCS. Agenda_ Item #3 Rezoning—Area Between McKenzie Avenue and McGregor Avenue Ord #.:1019 ;1 'NCS Agenda. Item # - Temporary Appropriation Ordinance Ord #I08`8.'NC& Resolution #6311'N.C.S. ,consenting to,the annual /�A_ Sonoma -Maria Fair Parade to be held June 24, 1973. Resolution #6312 N.C.S, authorizing examination /f of sales and use tax records. Planning, Commis.sion Resolution #Z8 -73 recommend -JO ing adoption of proposed amendment to Zoning Ordinance' #1'072 N. C. S . -by reclassifying portions of ' A. P: #7- 28:0. -33', # -40,, # -42, and #-43 PCD (Planned Community) District to PUD (Planned Unit Development) District . located between McKenzie Avenue and'McGregor Avenue adjacent to Wa�shin'gton Creek (Qantas Development), submitted and filed. Ordinance #1091.N.C.S..amending Zoning Ordinance #1072 N.C.S. -as recommended by the Planning Commission was ordered published. Ordinance #1088.N..C.S.t'makin.g temporary appro- priations,for current'department.expenses chargeable to the appropriations of the fiscal year'1973 -74 to cover necessary.expenses of various.'departments until the annual"appropria- tion is.in force, Said ordinance contains.an emergency clause and thereby becomes effective upon its adoption'. Agenda Item. #5 Copy of letter,, dated May 2 1, 1973, from the Spheres of Sonoma County Farm Bureau to the Sonoma County Influence Board of Supervisors regarding its concern with the "sgher:e�s o`f influence" factors which wi,l -1 affect- County planning :.an-d with some of the proposals which are. .being formulated, and regiesang tha +t local committee composed of persons residing in, or owning property in,. 38} June 4, 1973 Agenda Item #5 Sphere's of Influence (continued) f Agenda Item # -6. ABC �f - Appeal- -David Young Re EIR.' Res #6313 NCS the - community- areas of -their respective cities Should be formed to participate in the, plan" n- ing•and development proposals invalv.'ing the "spheres of influence, submitted and 'fi -led.. Copy of application filed with Alcoholic .B'ever age Control.by Ethnic Foods, Inc., f.or On -sale Beer 'arid Wine ,Eating Place for Pueblo Del Sol, Washington-Square Shopping Center; approved by the Chief:of Police; Building Inspector; and the Health Sanitarian, submitted and filed. D. Appeal•, dated' May 16, 1.973, from David •D. Young - of. Planning Commi'sfsion. decision requiring an, Environmental Impact,Report� for Youngstown Adult Mobile Home Park.,';located on McDowell Boulevard, submitted and filed. Youngstown Mobile Home Park status; report, dated May 31, 1973, . submitted and filed. Planning staff report, dated May 3, 19,73; plot plan of the area; Environmental Assessment Planning Comma;sion minutes, dated May 8,:197.3; Notice of Status under the .California `Environ- mental Quality Act,of 1. 970;. and Planning staff status report, dated 'May 29, 1YT3,;. of - David D,. Young,, Youngstown Mobile'Home Park,, in relation to City of Petaluma Resolution 46.262 N.C.S. ,arid the.California Envi- ronmental Qua lity.Act of 1970, submitted and filed. Mr..Frank Gray, Associate Planner, pointed out that the - Cbmm s!,s'ion made the that. the project would have -;a si gnificant affect upon the -- environment based on Article I, Subs "ect.on ..3:. -and 4 °.., and in accordance with the provisions of Article. IV, Subsection: 4. and the Planning Commission; :rendered a decision that -an Env-iron- Men.talEiZmpact Re.por't i's' required. He added that in- order.for the Planning Comm -is:s on.and the City °Council to receive accurate information on the po , .erivir-onmen.tal impact of the proj`ect:, the staff' recommends . that ; an impartial Environmental Impact Report be prepared by a disinterested - third party and not Mr. Young engineer. The.Mayor declared the public hearing open. Mr.: John Gilligan, civil engineer. representing Mr. David D. Young, appeared before the Council and. prefaced hi.s ,remarks by stating that Mr... Young attended the :Planning Commission meeting :. on May 8th expecting to have a date se.t for public.hearinq,, but the Commission decided to, hold a hearimg and 'Mr. Young was unprepared to present hi:s cais;e Mr. Gil,lig n then. reviewed . the five areas which the Commission• _ques:tioned could have .a signifi cant environmental impact:. He.presented:a brief analysis history of past submittals and correspondence on 'the points. These five . a -teas as 1-i;sted, in. the Notice of ;Status from Pla.nriing Director McGivern are as follows 383 June 4., 1973 Appea- l- -David D.. - Young.- ,Re, =_ EIR Res . 46313- _NC,S.: (continued).- 1 1. Possible.impact�.on the. - school system; 2. Traffic acceleration; 3. : . F -lood control problems; 4. Access proper and 5. Social economic that could -be prevalent due to the location of the..pro,ject; Mr:. Gi,l -ligan , ,fel;t .that. the answers to the five points' explained in ' the Youngstown Mobile Home Park 'st*atus, report provide all the information needed to determine'whether or not an Environ- mental Impact :Report is required..: Mr.. David .D.. Young was also present in behalf of hi-s _ appeal; -and indicated harassment by the Planning - Department in regard to his application. D,iscus on followed and the City Attorney clarified that under.the Zoning Ordinance ".adults only" can be imposed by a Use Permit. In.response to a from Councilman Brunner, the. City Attorney stated that anyone from-..the general public within the City of Petaluma could :initiate litigation which could attempt to halt.the project until the Environ- mental.Impact Report is submitted. Councilman Daly-reported that the Planning Commission ",s maj,or:con'cern -was directed to the traffic s.i- tuation. with' only a comment on noise. He stated that the particular item was on the ._Planning Commission agenda May 8, 1973, to be s`e for a. public hearing, but for' some reason (unknown: to .him - b.ecau°se he arrived at the Plan - ning,.Commissior meeting late) the date was not set and the heari ngr,,was held and a decision made.. He to. a letter, dated January 9, 1973, included "Attachment E" in the Youngs - town Moble:Ho_me Park:,.status report from James B., ' .Traffic Engineer, to Mr. Robert Lagl,e the mobile home park, that in his ;opinion from - traffic - data supplied; the proposed - d'evelopmen't -will not .cause a - significant traffic impact:, to 'McDowell. Bouxlevard. Councilman Daly claimed - the decision'wou_ld have been different if this letter had -been made available. Planning Commissioner .Lyle Hood explained that the.Commis,sion decided to go ahead as rapidly as' ,possble..on .the. matter and that there was agreement on.this procedure by Mr. Young. He f.elt °that the•proposed development required an Environmental Impact Report. Commissioner Ro land Bond concurred -with Mr. Hood and ques- tone_d the need' -of :cons idering Environmental Impact Reports at the,-Planning Commission level if --these .decis:ions-. rare to be bypassed by the Council. Others who,'s.poke `were:i Mr., Anderson (address unknown) -felt.-that a :check should be made on the',number of cars using McDowell - Boulevard; Mr-:.. Ingram. of. Petaluma Estates Home Park (located o'n�McDowell Boulevard.) supported the; 'appelhant,; - .and Mr Norman White of. Petaluma Estates Mobile Home Park stated that a survey made of the Park favored a mobile home park development do the area. 384 June 4, 1973 Appeal - -David D. Upon conelu,sion.o,f hearing comments, the Young. ,Re EIR public' hearing was closed,. Res #6313 NOS2',i (continued), Resolution #63:1,3 N.C.S.. ,waiving an Environmental Impact Report . for the Youngstown Adult Mobile Home Park : development on McDowell - Boulevard - was introduced by•Counclman Brunner, seconded by Councilman Daly, and adopted by the following vo Ayes: Councilmen Brunner, Cavanagh,.Jr., Daly,` and'Perry; Jr. Noes: Couficilmen,Clecak, Mattei, and Mayor Putnam. Appeal -- Caster Letter, dated May 16, 1973, from Caster Corpora- Corporation tion requesting an extension of time to submit Res #6314 NOS an appe d of Planning Commfission deci.s,ion re- quiring an Envir.oinmerital.Impact Report for development of_- Phase I'I of Petaluma Estates Mobile.Home Park, submitted and filed. It was. the City Attorney's opinion•that request - - is ,a reas.oinable' one and. filed within .the proper time . limit. Resolution #6314 N.C.S. granting Caster Corpora - tion an .extension of 'time within which to submit an appeal from a decision of the Planning-Com- - mission was.introduced by Councilman Cavanagh, _ Jr., seconded by Councilman Brunner,. and adopted by 7' affirmative Claims and Bills 'Resolution #6315 N.C'.S. approving claims and Res,- ,#6315 NCS 1iltls #2769 to #2852, inclusive, and - #1720 to #174,2, inclusive, approved for payment the City Manager, was intr-o.duced „by Councilman Daly, seconded by Councilman Mattei,.and adopted by 7 • of firmativ,e votes. e� League ornia:” �Re Me y e r a_ -_ ge announced that the Cities- r sub'ectnmeetingb ` date has be changed from J Empire Divi.s.ion July 28;_ 2.9, 197:3, to;. July - 21- 2.2,`,19`73. Quarterly .Meeting Fence - -2.36 and 2 Report, dated June 1_, .1973, from Chief Building Petaluma- Boulevard. Inspector. 'Henry Anderson to the City.Manage'r North on the status o.f the notice to rehab ilitate — the deteriorated, fence fronting properties located at..236.. Petaluma Boulevard North. and 242 Petaluma Boulevard North owned by I. Gardner and B...Margolia, respectively, submitted and filed. Mr: Anderson indicated that no progress has: -been made to ac I cd,inpli,sh the necessary re- pairs and he rec .1100nded that the Council declare• the fence a. public. nuisance and that it be removed, and replaced with a safe structure. Following a di,scussion., the City Clerk was directed fo write a. 1'etter,to the owners requesting action• be taken by them. to make the necessary repairs to the fence in accordance with Building ; Code and City standards by June 18, 1-973 failure to do so would result in .ab'atemen;t 'of the: fence as a public nuisance. Counci. m.an. 'Matt eA offered to make a personal contact" with each of the property owners of _- the Council:'s concern and action. �� - • 4N : L�;�F �� 3 8 5 June 4, 1973 . .Fence_ -236 and, The City- Attorney was directed- to prepare the _ Petaluma Boulevard `ne'ces ;sary • legmislation- for the June 18,'� 1973, North Council meeting td abate the in = the (continued) event no action is taken by the owners. -" Park "Development Councilman-Clee k presented a status report on `y7/ th;e° development of M -iwok, La . Tercera, Shollen- berge,r River, Luchessi}, and Kenilworth Parks., and a brief" discuss °iron was held on development. of "'mini .parks` -in connection with future sub- divisions. Copy of-said report submitted and filed. Measure` A" Councilman Brunner. referred to a letter, dated S85 May'26, 1973, received from Chris Henricksen, 15' Averye Way,,; of the- *question as to the full mean -ing of Measure - "A" and Mr. Henricksen's:- statement that'-the City Council has asked the— people - to approve the policy which calls for 250 units on the east side and 250 units on the - west side. Councilman Brunner felt the ballot measure :should'be clarified that the control policy •i-s for :a .maximum of" 500 units per year and Councilman Clecak -also pointed, out that the policy does not specify, any number of units for any particular area. He:.added,that it also does not - - restrict the average citizen from building hd's own home.- Sonoma: County n It was , suggested• that a - study session .be held /Y/ r - Government Council to discuss •the_Sonoma County Government Council Proposal proposal before the next agenda meeting of the Mayors' and Councilmen's Association. •Bodega Outside Water Application fil by Joe • Dorfman, 17.30 Service -- Appl ication - - Avenue, - fo'r - 'out'sIde water ,service for portion Joe Dorfman - �of %. P•: - #21- 02.3'.-24 'loc'ated' on Bodeg;a Avenue Res #6316 NCS beaweeh Straubv'i'l - le afid Cleveland Lane, sub - mitted and: filed Repor - t, �d,ated'• June .l the Planning staff on 'the - subject°'application,-submitted 'and filed. -- Mr. Frank Gray, Associate-Planner, reviewed the staff report which recommended denial of the, request' in `view of the that City; policy - in.. the EnVi Design ',Plan '; is 'c'learl.y.-a med at 'restricting urbanizat -ion of the area which - "is designated for agricultu'r'al uses and in view. of the fact that no City sewer services' are 'CUZreTl'tl.y available to the area. Tt was the City Attorney's. opinion that. the C­it - y would, not be- `required to . extend the ser- vice to{those pro,pert:es beyond its existing service.ar:ea, 'but -ld pr.obably be 'legally bound to furnish ':domestic water to th ose pro- perties within confines of the service area. Cit Engineer - David Young informed. the Council,'that subeje,ct property abuts directly on the old California Water Service Company li e acgLiired -`by tYie' •City. A short discussion f`ollowed the pbli.cy l statement in the Environ- mental :D'esgn" Plan• and.' the' varying opinion of :the City Attorney. Mr: Joe ,Dorfman appeared before the .Council in support -of hi-s request. ,86 June 4, 19.73 Outside. Water service -.,Application-- Joe Dorfman Re s • .# 631 NQS (continued)., 0\ 1� Water ,Main .''' ki ,.. Extension--: Tom Foster Res #6317.NCS' Bicyql LPC.eftse.. Fee Tncrease Ord 41092 NCS .•Fol,lowing•a short discussion, Resolution #63,16 N.C. , S,.,.,grant:iftg,,th&.'appliCation of. Joe Dorfman t6 c'onnect one - residential outside water ,con- . • nec'tion A.P. -,21- ;023. - 24 on -Bodeqa Avenue. be� tweet Straubvilleand Cleveland Lane, was Intro- duced by Councilman Brunner, seconded by Counci17 man Clecak.,' and '.adopt6cl by 7 affirmativ'e'.vbte:s. Planning s report, 'aated June 1, 1973, . on the subject app'licatLon recommending that the applicant's request be granted . even though - the, Environmental­ Plan would suggest-that utilities should-not be-extended to,this area, but, it -is. .also .'City policy to ,allow water con- nections.in areas where, City sewer services are already aya" ilabl-el,, submitted an filed. I cti re California Highway PArol-,-Aband.oned Vehidle Abatement Program Res' #631,8 NC'9"' - I 1 .1 Addendum,. dated June-4., 1973,-to Planning staff report.,,, dated June l,,-.1973, dn main ex- te.ns.i.on application by, Tom Foster r at-1875 Mt. . View Avente.regarding. I the application submitted by.Mr. 'Fo.ste,r with ,.-the_ County of .,Sonoma for a . lot, split; and 'sta,t.ing that in a - letter f rom - the City tngi-n ' eer to the Sonoma County-PublIc Health Servic,6*, the City can water service bn,Mt. View Avenue but any extensions -from the.right7o including service pi pes, booster pumps', . tanks and easements, 'will be the re.s'ons ility of 'the -the individual applicants, submitted and filed. '.City Engineer David Young presente v 6 ex P a diagram ' of the location o,f the pa . r- .cel involdd.a ex the proposed extension u nder :th City b'-rd and that the property does have sewer :service. .Mr .Tom Foster was present in support of his r . equest. A brief Resolq,tion #".6317 N -granting the applica-, tion' of Tom - Foste'r : , td- c,oftstr a water main extension at,pieffises located at 1875 Mt. View _ 'introduced. by Councilman )Brunner, seconded by- Councilman - Perry, Jr.., and adopted,: by 7 of f.irmative votes.. Chief .of. Police Larry Higgins l appeared before the Coun.cil to explain SB -14.7 pertaining to the establishment of automated stolen . -and lost bicycles, ' which system, goes into effect July 1, 1973. - In order to the program, the Stat& is . requir,.ing the payment, of Ife,es f - or each bicycle ''licensed Chief Higgins, recommended that, the lb-cal bldy&le license .-fee be increased *from $1 tb,$.1..5'0 to cover a twenty cent fee to be' to the State for each bicycle-licensed beginning July: 1, 1.9:73, a-nd a twenty cent f ee increase bdgi-n.n I ing July 1,. 1974. ordinanc,&_ 1 #109,21 N,.,C.S,., amending the Petaluma City �Cpoe' o.f; 19'5,8,;,, Chapter "6, Article II, Section 6..9, to' provide f or a bicycle license f ee, was ihtroduce6 by- Councilman, Brunner, seconded, by Councilman. Cavanag - . rder"ed publish by 7 gh, ,Jr.. and o I . a ffirmative votes. FoIldw a brief - explan o.f the subject progra.in, by -Chief OT. Police Larry Higgins, Re # authorizing execution, • of 'a -contract with* Calif orni ' a Highway Patrol - for the Abandoned Vehicle. Abatement Program, was introduced by Councilman -C . lecak, seconded by Councilman Brunner.,. and adopted by 7 affirmative votes. 387 June 4, 1973 Purchas o . f Lana' for Spoil's "site Ord" fl093­NCS_ Appeal Re Lieb and .Quarq, ;ma. Rezoning Ord 41089 (Second Reading) 1 I X-Rated-Movies— Outdoor Theater,,s Ord #1090 NCS (Second Reading) Outside Water Service - -James and Emma Webber.:" Res #6319•NCS -,Otdinaftce,'- . #1093• N,.'C'.;$."' the: of.• 212 radres ;o _ -more or less at a prxce of `050 -aiY`'iicre',­-was� introduced by Coun&-ilman - Mat 'se`c6nddd Brunner, and ordered published by T votes. The subj-ect matter refers., to_ public hearing, May 21, 1973,-re appeal filed by Lieb and Quar,dsma of Planning commission decision denying the. -applicatd:bn to rezone the block bounded 'by Irwin. "D" Street, Lakeville St reet,'and-Jefferson from an M-L ­(Limited Industrial)' District to a C-H (High- way- Commercial'). -Distric't.' The following-'.facts - were reiterated: Council- ' man Dal stated that it was a position of the Plann thd. change does not cor� . ply. the Environmental Design Plan. Mr:. - Gray'' Asso I ca a 1 , 1 tb Planner, observed ' that the staff-report'recommended the rezoning because Highway Commercial would provide a, logical' extians the type of use for most of Lakeville— _City'Manager'Robert Meyer pointed out that if -thb'-chaftg.e 'approved by the Council, access from 41 businosses'ift the subject block should be­Eo. -not to Lakeville Street; wherpupori,•Otdinance* #1089 N.C.S. amending .Zon 9. Ordinance # by reclassifying - A-. _R. .- #7''154-0.9.through''#7-154 from an M-L (Limited Industrial) District to a C-H (Highway. Commerc 'ial) Di'strict:located in the block bounded by-Ea "D" Streeti.Erwin Street, Jefferson Street, and Lakeville Street, was introduced by Councilman Matteii seconded by Councilman 01&cd-k and' adopted by-6 affirmative and 1 negative votes,' - Councilman Daly voted "No. .In-ir,e from Councilman pq 'Brun-n'er`als t 'the enforcement of the subject , oirdlnandey , - the, City Attorney stated that when the City becomes inVolVedj he will undoubtedly request -that. be employed be- 'QaU the specialIzed field of law related, 'to tlie ma�t r 'Chief of Police Larry Higgins reported that uVon. ' direction' of' the' -District Attorney, search warrants. wer*e: ob.taihed his department con- fiscated "Deep Throat"' and "Behind the Green boibr, "' at .the :,I.oq4.l State Theater. * He added. that the: procedure -bh.'the enforcement of the subject 6rdinahc'e will" be reviewed with the City- A and' he..a;�; the Council that the-best,' procedure will be used; whereupon, Ordin , a-nce' 4 1.090 - N..C'.-S`;? amending City Code of 19:53 by ad-ding to Chapter 1.6, Section 16.28 "to prohibit-the sh6wi-nq of.explicit sexual materkal.vih d-r.1ve-in = or outdoor theaters," was i-n Cl.ecak, seconded by s , Couhci Jr., and adopted by 7 af- f irmati:ve' votes. Subjeldt 'applicati i . filed . by James and - Em"ma 5qO Webber for one residential outside" water con- -nectib n for parcel..10 g . ated, on Melinda Lane'was considered at the May'21st.C meeting. 38 8 June 4, 1973 Outside Water The following facto. were reiterated: Planning Service-- James,and staff report - recommending•denia.l Emma Webber sewer. services. are available,, th "e Environ,- Res #6.31'9 NCS mental Design .Plan Policy :aimed at restricting. (continued;) -' urban ; zction o -f .areas designated f.or agricultural uses and City Attorney opinion,that .domestic water ,cannot' be'- denied ' within the City', s , ser- vice -area. In the.discuss,on that followed, Director. of Public Works David -You g suggested that the a_.. Council "make' a .determination regarding the Envir.ohmental= Design• ,Plan. Policy and the City Attorney's - opinion'. Also .a question was raised regarding- the City's water serv.ice,are.a, and the C ty'Attbrney and City Engineer were directed to- research . and :;determine the area wherein the City is bound to give water service. Mrs. James.Webber was present in support of the application... - Resolution. 03`1.9 N.C.,S. granting applica- tion o:f , Jame "s 'and .Emma Webber to connect one residential ou_ tside .water connect "ion at pr.e- inis'es• located on, -Melinda :Lane off •LOhrman- Lane, Petaluma --, 'A .'P. . #21- 023 =4 -4, was', introduced, by �. Co:uncilman:Matte?i, seconded by Councilman Clecak, and adopted =by 7. affirmative,votes. 330 English ..Street Mayor Putnam reported that Councilman Perry, Jr., Mattei, and - she met with Mrs. Beasley at "her request last .Saturday morning xegar.ding 330 Street* . and because the .ma -tter involves .litigation, the Council retired 'to an executive sesson.at 11:00 o'clock p.m. The Council reconvened 11:20 o'clock Mayor Putnam then continued by saying that.the Council, ha:s "been brought, up to date; 'on. the - matter of 3130 English Street and' agreed;-to o extend to Mrs. Beasley every •opportunity to _ obtain a,. contractor to' rehabilitate the struc- ture, to ­code standards.. Mrs... Beasley . -was pre- seri,t- to:•hear the Council's action on 'her request. Confirming executive session di.scus,sion,, a. motion was made by'Co.uncilman Clecak:, seconded by Counc,i.lman Perry, Jr.,, recommending.. that, _ Mrs:..B;easley secure 'a contractor,, coordinate details .with the City Manager, proceed to- obtain the necessary permits 'by June 1 19 and in _ the ,event .M.rz ,Bea;sley, is unable to comply by June ,1;8,._ th-e City Attorney is directed to to- m ence with the - necessary proceedings to. -abate the nuisance. Motion carried unanimously. _ Mrs., Beasley was urged to meet wi -th 'the Ci._ty Manager as soon; possible. .Budget .Study ;Session C'i,t;y.Manager Robert Meyer informed the Council that a, budget - study session will •be held ' on Monday, 'June, 11, 19713, time to be announced.. Adjournment There :being the Counc.il, o' :clock p..m, no. further' business to come before the meeting was. adjourned,, at. 11:30 to an exe'cuti session. Attest •. �� c,,✓ C i,t,y Cl e k Mayor