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HomeMy WebLinkAboutMinutes 09/17/1973477 MIN °UTES OF MEETING OE CITY COUNCIL PETALUMA, CALIFORNIA September 17;,1973 L1 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, Perry, Jr., Mayor Putnam., Absents I Councilman Mattei. Invocation The invocation was,given by the Reverend Thorval Even-son, Elim Lutheran Church. 1 Approval of Minutes The minutes of September..4, 1973, September 5,. 1,9 and September 11, 1973,: were approved as recorded. CONSENT CALENDAR A motion was.made.by Councilman Cavanagh, Jr.,, and seconded by Councilman Perry, Jr., adoptirig the Consent Calendar,.Items #1 through #8.. Motion carried Agenda Item_ #1 Planning Commission Resolution #Z23 -73 recom- Prezoning -- mending the adoption of proposed amendment to Portion AP #13;6- - Zoning Ordinance #107 -2 N.C.S.-by prez.oning a.. 080 -02, Ely Blvd. 100 -foot ,wide " - portion of. A.P: #136 - 08;01-02 North approximately - 2,.016 feet deep from County "A" Ord #1109 NCS (Agricultural) District to a.PUD (Planned Unit Development] District located in the area adja- cent to-the� existing'City boundary northwest of East,Washin.gton Street with 100 feet of frontage••on' the northeast side of'Ely Boulevard .North.(re Sun Terrace.Park), submitted and filed.- Ordinance #110 -9 N.C.S. amending Zoning Ordinance #1072 N.C.S, by,prezon- -ng a 100 =foot wide portion of, .A..,P. #136 - 080 -0 °2 as recommended was ordered published. Agenda Item. #2 Planning Commission Resolution #Z24 -73 recommend - Pre Former ing the adoption:of proposed amendment to Zoning Lands o:f'Cardozo Ordinance #1072 N.C..S. by prezoning A.P. #17 -170- Ord #1110 NCS 01 from Coun;ty,M -2 (Heavy Industrial) District and County "'A" (Agricultural) District to an "A" (Agricuitural) District located in the area south of Lakeville Highway adjacen.t.to the Petaluma r River .and southeast, of the lands of-.Royal Tallow and Soap Company and formerly known as the Lands of Card'ozo (possible spoils site), submitted.and filed. Ordinance #1110 N.C..,S..amending Zoning Ordinance. #.1072 N,._C.S.-by prezoning A.P. #17- 170 -01 as re- commended was ordered published. Agenda Item #3, Ordinance #1 -111 N.C.S.-amend-ing Chapter 4.16 of Amending'Petaluma the Municipal Code, local sales and Munic Code use;tax ordinance,. in.o.rder to conform to.State Ord #1111 NGS law was ordered posted,. September..17, 1973 Agenda Item ` #4 Ameii; d Appropri= ation.Ordinance Ord; #1112 NCS, Agenda: =Item #5 Amend `Public: I � Employees' .Retirement 'System .Contract Res , #6415 NCS Agenda Item #6 Reject•Late a Claim Raymond Jinks Res # 6 4,16 :NCS Agenda Item #7 Claim -- Denial=- a �lr Constance `f Christensen Res #6417 NCS Agenda Item . # 8 7 Surplus Property Res #6418 NCS .. Ordinance #1112 N.C.S. amend -ing -•the Appropriation Ordinance 11105 N.'C.. S .' ,_was ordered posted'.. Resolution of Intention #641.5 N..C...S. adopted to approve ari_amendment -to contract the Board of Administration of 'the Public Employees' Retirement .System arid the City of Petaluma. ,Resolution #:6416 JN. C -s . •adopted rejecting the applic 'a.tion.of:Raymond'Jinks.•to file a late 'claim-under:-Government Code Section 911.4. Resolution #64.17 R_C.5. adopted denying claim of.Constance Christensei.($306.20). Resolution . #6418_N.C.S. adopted authorizing ;sale of surplus property. Abandonment -- Sixth Noti,ce`of the abandonment of -Sixth Street Street .,from ? "B Street, from "B'" Street .(abandoned) to Main Street A -M to Main Street_ (Casa .Gr,ande Road) in Newtown duly posted (,Newtown.) - and . - published. • `. - Res #6419 NCS Senior ;Planner. Frank Gray 'pre'sented a. map of the, area, showing -the proposed abandonment. City Attorney Robert explained that the street is. a, "paper street"-and has no value as it does not conform °to the..proposed street system for the area. This being.. the 'time set for public-hearing on- the subject- abandonment, the City Clerk read a protest, dated September 17, 1973; from Henry A..and Anna.Filippini that.pa'rcel #17- G40 -2..3 having a frontage of 375 feet more-or less on Sixth -Street as now ,located can be adversely affected due to .lo::ss frontage road. in possible fu ture;:developmen't . of the property,'read and. filed... Mayor Putnam declared- the.public hearing open and.ca`l.led for comments;or protests from the pulilid. As ;none, were heard'. the public hearing was declared .closed and Resolution #64,19- N.C'..S. ordering the abandonment 'and closing of;.. Sixth Street from. "B;" :Street to.Main Street (in Newtown) was .introduced-, by 'Gquncilman Cavanagh., Jr. , se.c- onded by Councilman Brunner, and adopted: by 6 affirmative votes,, l -absentee. Petaluma Taxi Letter., dated August•. 30., 19.73, from :John Sturm 'tom` Service and Leo, R. Neilsen of the Petaluma Taxi ,Service requestirig discussIdn regarding meter rates and a f a.t ' rate for the, east side of. Petaluma, • read and filed. September 17, 1973 Petaluma T a x1_I Service (continued) Penngrove. Land ,Use Study : • . 479" I ..Mr. Sturm,. accompanied by Mr.' Neilsen,-appeared before the Council :and spoke-regarding the= transportation problems.in• the City and.the' need for revision of.the taxicdb.ordinance He, pointed out . the' impossibility of -operating the taxi s*er- vice`.:und`er'the present,.ordinance without facing a fine or jail sentence..-He added -that the dis- continuance'of the, jitney bus and the. Yellow Cab- 'Comp'any has c aused.additional demands on their two -cab operation -' - and created problems to p- rdv:de adequate servic'e... Upon . conclusion of his presentation, Mr. Sturm.. recommended two basic changes" n-'the taxicab- „ ordinance: Establish a flat.rate of $1.50 for east of the freeway and allow transporting more than..one. passenger at a time.. (Section 14.•20.020-of the Petaluma Munici- pal Code requires no driver of a taxicab shall transport more-,than one passenger for hire at a time without..the permission of the first such passenger , .) Chef of Police Larry Higgins reviewed-Council action.September,l8, 1972, not to` change the meter rates as'.recommended by the Council Taxi- -cab Committee. Since -that time..complaints, have been received by the Police Department from citi- zens ^that a'flat. -:rate was,being charged by the Petaluma Service­. Chief Higgins added that the taxc'ab:.or.dnance does not provide for a flat rate;"arid .th'e matter of a violation again'st the Petaluma Taxi Service is presently in Court. Some discussion followed•and Mayor Putnam directed the Taxicab ..Committee. (Councilman Cavanagh, Jr., Chairman; Co.uneilmen Brunner and Mattei), the Chi ef' of •Police _and- other. appropriate staff members-to meet with- Petaluma Taxi Service to fully explore-the entire; matter for a recommendw�- tion thel Council thereon.. Councilman- Harb'erson wa's asked to” serve as .a substitute if Councilman Matted. has not returned from ,h'i.s vacation before the .,meeting is held . Letter dated September, 6, 19`73, from, George p y Kovatch, , Sonoma County .'Planni=ng Director', by Paul Skanchy, Assoaiatel.Planher, with three copies of the Pering- rove- Land Use Study pertaining to the= feasibility of providing sewer to the area and asking that City of'fic ala be present at the ..public •discuss• on -to bey held ;before the Board of . Supervisors -on T'ues'day, September 25, 19'73, at 2.3'0 p,.m. , .read and' filed.. Senior :Planner 'Frank - .Gray reported. that Director ,of Public Wor -ka David. - :Young and he reviewed the Study: He pointed out an inconsistency. in the population .figures of the report as. ( compared to the.Sonoma = Marin Subregional Sewage Study. This matter has discussed Skanchy, Mr. Gray added., Assistant City Manager John Nolan was asked to arrange: ' f.or staf f -arid • Council representation at the 'September .25i'l973,• Board. meeting and to obtain sufficient copies of the Study for all members of the Council. 48 0 September 17, 1973 Richard W, Gaultney-- Re Two - Lots. On., Amber Way , Letter- , ..,dated, August , 28,, 19`7 3., from _Richard W. Gaul,tney , pe.gUgst.ing to, know -if two lots Amber Way,mill be purchased by the for the Webster Street extension through to Cherry valley or if. ' he' wi=ll be able to obtain a building pe'rimit for these.••two lots, read'and filed. Senior Planner. Frank -Gray presented a map from the Cherry. Valley Sewer Assessment District. Study SL,ow ng the proposed extension of.Webster Street from -Bodega7,Avenue and its, alignment- through ­th subject -.two lots . Mr: - Gray stated that. , the a'a;ignment shown on - the Environmental Design Plan and :adopted by the Council as a future street -line in.the.Environmental.Design Plane. A brief. dis,cus�s ion _ and the matter was referred to -'the staff- for a, complete ;report thereon for Cotnc;il.consideration at a possible study s,pss on''. ' 'Mrs,.. Gaultney; present in the audience,, was­informed that the study session; p will ,be appropriately noticed: Agenda #13! Letter from ~Alec Y...H.. Liu.of National Recreation - _ =Sales, Inc -. ; doing. busine :ss as Town and Billiards ,reque;st ng to be heard regarding .the Downtown Improvement .Tax was postponed for Council cons,deration, October, 1, 1973 at Mr. Liu's re- quest.. - Claims and,-Bills Resolution. #6:4.20, N,; C. S.. approving claims and Res #642 NCS bills: #3816,9 to 43988, inclusive,:, and #18 "82 to #19.07 - inclusive, approved for" payment-by the - City Manager; _ was i ntrgd'uced by- .Councilman Perry, _Jr. , seconded by- "Councilman .Cavanagh -, Jr. , and . adopted by 16 a f'f irmat•iv_ e vote,s:; l abseri'tee . Council Group It .'agreed that,- As=sistant City Manager John Picture Not "an arrange for .a Counc °il group picture at 7:00 :o:'clock -p.m., October 1, 1973. Lo.E ding Zone For. Assistant. City 'Mana "ger . John Nolan - reported, that Weller;- HOpki.ns the Public •Works Department has installed a �e� ��urnit,u re Company loading: zone on Howard 5�treet to acc.ommod`ate .. / Weller- Hopkins Fu.rnitur.e Company..,, 41.6 Wa °shi Ig4toh Street,. Chief of, Police Larry' Higgins stated that no- comments .have .'been received by his office :from Mr: Weller -whether or not- the loading zone - .,around the. corner- from the furni- tu t ne warehouse ; s :satisfactory °,, Board- of Supervisors' J Director of Public - Works: David Young was, asked eeting Re :BASSP, to: represent the staff at the-. Sonoma County Board of Supervisors' meeting re - BASSA September 24, 1973,- at,ll:00 o'clock;'a..m: 'A, repre�senta_tive of the .Council will be selected to. attend.. Count man Cavanagh, . Jr.., will-.. be - present as a represent tive o f BASSA. Recycling Wastewater Assistant City. r- John Nolan stated-,an invitat °ion _to the .Council was - .received from Dr. William Kortum to. attend a pre s,s, and conference on "Recycling Wastewater back to the Land" on Wednesday, - September :1'9',,. 1973, at-10:30 September 17, 1973 481 Recycling Was o'clock . a.m. -in..Rohnert Park Council Chambers, (continued) City Hall.; Rohriert Park. Councilman Harberson was asked to'attend`the Conference as well as any other interested Councilmen. Dilapidated Fence- - 236 and 242 Petaluma Bou- levard - 'Nor,th - Residential Development Evaluation Board 1 I Assistant City Manager .John Nolan reported that _5S4 L/ two , owners'of.the subject property have not obtained °building permits,to'replace the dilapi- da,ted_ fence fronting and 242 Petaluma Boulevard North..: • 'He' the: contacts made by the Building = Department with the. and by consensus, the .Council -dir,e.cted' that necessary legislation to abate the•nuisance be prepared for the October 1st Counfcil meeting in.the event no action has been taken,by the owners. Assistant City Manager John Nolan noted that a .1is.t of names were given to the'Council tonight of ;people who called the. City Manager's office volunteering'to serve the Residential Develop- ment Evaluation Board. Councilman Cavanagh, Jr., Chairman of the q Council da`rbage'Commi:ttee, reported that numerous meetings•were.held by the Committee, with -the staff and.the Petaluma - Refuse Company and_- recommended:changes,in the rates for residences.,. rb,usines.g `establishments, and the franch-ise fees': Thes'e 'rates were reviewed for Council, consideration. ' Councilman Cavanagh,. Jr., also noted that mandatory or•compulsory garbage collection was discussed at the meetings and As, ,a :matter that :will be considered in - the ♦future.. Mr. Richard.B._Maxwell, - attorney representing Pe:tal.uma .Re-f;use :.Company, addressed the Council and.,indicated'that the proposal.is equitable. Eor clarification-and - with the consent - of the introducing and seconding Councilmen, the rate for.four or :more 32.gallon.:containers. was changed to read- as.follows: "$4.90 and add $1.20 per each Can -over . three• cans 'per month, and'-'the words "unusual activity and the result of" was added•.,to the second sentence in paragraph six to ; read as :follows : ":Collec on charges, for , the removal of large amounts of.trash and rubbish which ,are the result•of unu activity and. the. result of normal daily activity shall be hegoti- ate ' etw.een _ off -icial collector .and the person desiring the removal.of the same." Resolution t6421 .N,..C.. S; establishing the rates . and•charges. for the_ of garbage and rubbish :in, the City 'of Petaluma in , accordance with :.the. provisions bf Chapter 8.16 of-the Petaluma .Mun=icipal- 'Code'.and repealing Resolution 45393 Y.C.S. was .-introduced. by Councilman_ Cavanagh, Jr., seconded by Councilman Brunner,, and,;adopted -by,. 6.a °f=firma'tve votes, 1 absentee., It'= was . . po.nted out . that the- new rates will be- : come s,effective •November 1,. 1973. 482 a�V September 17, 1973 Garbage Rate City Attorney -Robert informed the. Counc 1. that,. Res #6421^NC_S the original Garbage.Franchise Agreement -will (continued) be update °d and modernized for presentation to the.Concil in the immediate future. Library Re. Revenue Sharing Funds. Councilman Brunner reported on the action - ,taken by the Sohoma.County Board of Supervisors _ September: ll,, 197.3, in response to the. Counc,il''s le:tter,, dated .August 30, 1973, - requesting that: the Board give consideration to waiving the re- quirement-for the establishment of a County -wide library system,. as a criteria for the disbursement :of :the County's Revenue Sharing Fund for library. construction. Libr :ar.y-Board President Kenneth Wightman, Library Board member Dorothy-Bertucci,;. City Manager Robert Meyer, City Librarian Alice Hanna, .ana':Counc'kiman•Brunner appeared before the Board concerning the. request The Board, agreed to waive the requirement that the city join a County-wide libr-.ary !system and i- ndicatred willing - ness to pledge. '30,% of the cost of a. library f:acility'to match the City"s• share from ; Revenue .Sharing Funds-with the remainder of the cost,of' the Library to 'b:e provided from 'a bond° issue. , , I V' Water Commission Spe'cii'al Meeting Traffic,Committee =- / Pedestrian Crosswalk Maria Drive and East Washington Street Sb r Sunny Hills Subdivision Res #6422 NC'S Councilma '?Daly,.r-epsorted that. the Water Commis- sion is holding'a.special meeting September-26', 1.97,3, atA :0'0 o'clock p.m, to review the terita- tive . contract ._wi;th_ °the .'S'onoma .:County; Water . Agency.and-City staff members. He asked Council members to attend the study session. Councilman Perry, Jr:., reported on the Traffic Committee meeting held 'today and the matter of the .pedestr;ran crosswalk. on East Washington-: , Street at ;M Drive ',was discussed, Mr.s - -. .Hester_ and, Mrs, John Kerrigan were present at the meeting to. discuss improvements of.the - p.ed'estrian crossing. They reported,a malfunction ;o:f one of. the caution lights! ,and questioned .whether- enough-time is being given to pedestrians to safely =cro's :s East Washington Street,. -Mr. John Ke'r- r.i-gan, :Jr. , 1533 Creeksid:e 'Drive, addressed the Council regarding the crosswalk and the mal- functioning signal light. He felt ,that the signal. light. was more hazardous than beneficial for the school children using th'e.crbss and. suggested a four -way- stop, at the intersection rather _ the existing ca. t-ion light. Director , o.f Public Works Dav=id Young assured - the Council thaw the :malf :unction, of the signal light will be corrected immediately.. He .al,sa 'informed the Council that- the; " Route to School` "- r.epdrt will be completed and presented to. the2 Council in October, and, recom- mendat on • re the s:ubj.ect . crossing and others will be, included in the report for Council con- sideraton. City Planning Commission Resolution-,#210-13 tecommending. approval. of the final map of Sunny Hills Sub,division,.submitted and filed.. September 17, 1973 Sunny Hills Resolution 46422 N..C approving final sub - Subdivision division map of Sunny Hills Subdivision was Res - #6422 NCS in troduced by.Councilman- Harbe'rson, seconded (continued) by Councilman-Cavanagh,. Jr., and adopted:by. .6 'af f irmative''.votes,' � 1 absentee. Greenbriar Planning Commission Resolution #21 -73 recommend -3 Subdivision #2, ing of final map of Unit Phase I #2, Phase I, submitted filed. Res: #6423 NCS Resolution #6423 N ;,C.S, approving final map of Greenbr ar :S.ubdiv�ision' #2, Phase I, was intro- duced. -by- Councilman Har'be;rson, seconded by Councilman Brunner and Adopted by 6 affirmative votes, 1 absentee: California Senior Planner Frank. Gray addressed the Council -V Environmental r,eq"ues funds six Planning Commission 'Quality-Act members to at.tend -long course being offered by -the University o- f.California, Berkeley Exten- s-on,..on the, practi.cal'applications of the California Environmental Qutiit Act. The course is to .be held in San.- RafaelAV- he registration fee ils .$65 each, It mas. noted that the course is.al.so :available to Council members.. By con- sensus, the Council approved payment: expenses for Commissioners and Councilmen to attend the course,. (;Staff members' attendance covered in, ... the b,ud.get' under .in- service training.) Planning Commission ..­Senor;.Planner Frank Gray invited, Council mem- a�3V Stu"dy•Sesson berg to attend a Planning- Commission meeting at 7:30:•o'clock p.m. on September 25, 1973, to study conform_ity,. of; .the Environmental Design Plan,, General Plan, and Zoning map. Flood Plain Zone, Senior Planne'r.Frank Gray presented a map of Petaluma .River' -the .propo,sed flood_ plain z`oni'ng:. He reported °.. that City`Manager Robert Meyer sand he attended a recent.Sonoma County Planning.Comm- ission . meeting on the subject flood .plain 'zoning., at • which. time the F -1 'and. F.. -2 zoning proposals were dscu's - and it was suggested to the County -staff that no. action be taken.on the propos ' until . a more ' in- depth study is .made and until a report is made-on the natural, flood plain, of "the Petaluma .River and its effect on _ the City of Petaluma... It was also suggested that.an in = depth study be made of the Marn 'County side of ' the- flood - plains. Mr. Gray was asked to keep the Council informed on.the subject. Rezoning - -David D... Or:din4nce #1108 N.C..S. amending Zoning Ordinance. q (' rl7 Young .Property #1072 N.C. by reclassifying A.P.. #00`7- 401 -04 Ord #:1108 .NCS' and.,.A.P. . #048- .08d =02' from an R- 1- 10,000 (one= family Residential)'.District and an L`(Ligh :t I "ndustr`ial)' Di -tr- ct to an R - M - G (Garden Apart- men Residence) District, located between Highway 101 and North McDowell = Boulevard to, the southeast of Corona Road (Davi D. Young), was introduced by Counci-lman Brunner, seconded by Councilman Daly, and adopted by-the following vote: AYES: Council_men.Brunner, Cavanagh, Jr., Daly, and "Perry, Jr:.. NOES: Councilmen Harberson and Mayor Putnam. ABSENT: Councilman Mattei. 484 September 17, 1973 . Agenda United Way Res #6424 ,NCS, A motion was made -by Councilman Cavanagh, Jr., and -,seconded by`:Counc'ilman Harberson to add an item- regarding: " United -Way Week"-to the agenda." Motion ca- r- ti'e`d "unanimously. Resolution #:6424- of ther City Council of the City,' of Petaluma procl-aiming the; week - of September. 24 -2.8., 1973 .!'United Way Week" in Petalumal, Califo'rnia:,'Was introduced by Mayor , Putnam,;seconded -by Councilman.Harbers.on,. and adopted by affirmative votes, ..l absentee There being no further bu siness to come before. the Council, the mbet�i.ng- was adjourned ,at,..9 e 15 o.',c 'o k p.m,: to an .executt ve session.'at• 8:0 °0 o','c�loc�k` a.m. ,.• Tuesday -,- September •25, 1973, and to be fol- lowed- by --a further executive session at 4 X30 `'o' clock, p .m,., -September ,2,5,' 1973. . Mayor t LJ