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HomeMy WebLinkAboutMinutes 02/16/1971221 MINUTES OF.MEETING OF'CITY COUNCIL• PETALUMA ,CALIFORNIA February : 16, - 1971 Council Meeting Regular meeting of the Council.of the City'of Petaluma was call-ed..to order by- Mayor Putnam at the hour 7:30 o'clock P.m. Attendance Presents Councilmen Battaglia *, Brainerd,. Brunner,,Cavanagh, Jr., Daly, Mattei, and Mayor Putnam. Absent-: None. *Councilman Battaglia arrived at 7:32 o' clock p. - m. Invocation The invocation was given/by the Reverend Edwin Horstman, Church of..the Oaks, Cotati.. Approval of Minutes Tile minutes.of February 1, 1971, and Febru- ary 8, 1971, were approved as recorded. Abandonment This being the time set.to consider aban - Portion of 6th St. donment of a portion of Sixth Street in in Newtown Newtown, the public,hearing was declared Res. 45675 N.C.S. open.. The City Clerk announced that no' written protests.were received. No oral protests-or comments were heard; and the public.hearing_w.as closed. Resolution No. 5675 N.C.S., ordering the vacation and abandonment. closing to; public Use of that certain easement for.street purposes in, the City, of - Petaluma .(portion of Sixth Street in Newtown), was introduced by- Councilman Daly, seconded by- Councilman Brainerd, and adopted -by-.7 affirmative votes. William.Lawrence Letter from - William Lawrence, dated Dec - Request re ember 11,1970, supplementing letter dated Annexation December..2, 1970__(f led'December 7, 1970, of Property asking that.the Council favorably request LAFCO to reconsider its action denying. application for annexation of property owned by Mr. and Isolena Maes- - tretti'in the Denman area), stating that..because the problems facing the City with the capacity of the existing sewerage treatment plant, he is agree- able that if the-property can be annexed, he would apply any bu-ilding.pe.r- mit for residential use until the City is able to accept ad'diti,onal sewerage demands,-. submitted --and filed. ' M - W.i -lliam Foster., representing , Mr., Lawrenc "ai . appeared before the Council and reviewed' the Coun- cil minutes of.October 20, 1969, which states:. "Mr-- William Lawrence,.whose property was split by._Assessment District No. 9 N.S. , requested that ,t'he- additional 27.81 acres he, owns, outaide ,- of- -the District be con- nected to the Assessirient District No. 9 222 February,16, 1971 Mr Cheda-appeared the Council stating thit.'a building permit - was ob- - tain•ed from 'the County to construct - a new :barn, and` -hen "notified by `;the City of the changes in his bperations: He requested the'Coun -: cil' co "resider -p'ast ,maintenance of the road . to the be applied as payment of ' the bill:; and a ~lso asked the . broken water Ines-.through the.pasture be repaired and the debris and garbage. by the creek-be removed. 1 Will- iam sewer." Based upon Council - indication Request ,re at •.that . time, Mr. Lawrence 'applied to Annekation the Local Agency, Formation Commission. o °f Property for annexation of this-property,'-which (continued)" applic!at -ion was denied.in September of 197•0. LAFCO' s reasons, for denial were reviewed -by Mayor Putnam from the 'Commission's minutes... Mr:.. Foster stated that.one year must elapse before an applicant may refile: for annex a;tion however, ,LAFC.O °has indicated re- cons`ideratlon , if ;the Council favorably requests such action. He requested,a Council Committee b.e'appointed to vs -' ually inspect • , the area. and study- the matter in, depth ' f'o. - a .'report • back to the full Council -on the request. Considerable discussion followed ,and the.Council generally agreed to hold the : matter - over and to be back for- further consideration..after the Planning 'Consuitant.to - be employed to study growth has had ,_an ' oppor= -, _prob'l'ems tunity to -review - the - entire . are`a•, when lnf.or:ma;tiori from the City :Engineer on the .capacity of Assessiiient .Dist NO. 9 ' :sewer line is -considered, and when V� other related .factors .are explored. •Le LeRoy Cheda re °tter dated . Februa -ry -•8 , 1971, . from LeRoy • , Water Bill Cheda requesting an opportunity to present his • idea o,f the .pollution ,problem (invol- . wing contamination••of drinking water for- cing , ; the closing 'of -, the Water Filter Plant) , read and Letter -, dated November; - 5, 19T0, to. Mr.,'Cheda� from Director of Publics Works David You=ng, requesting to , immediate- - ly'cea'ae and de!.si .from washing dairy animal:waste•discharge into 'Adobe Creek as the City was forced-to close down its : Filter Plant operation downstream from his' ranch as a result of `bad sample ,wa_te ' tests, and that extra - costs of 'water- from the aqueduct woul;d'amount to a roxmatel q PP - Y $58 per da arid,,, 'a .fette • dated, December 3 1970; - from Dire.c 'or of Public .Works David Young presenting.Mr. Cheda with a bill "for extra costs and aqueduct water over and • a'bove - the City'.s, coast to produce Filter 'Plant water in, the amount of- $1,4 submitted and • f'ile'd. Mr Cheda-appeared the Council stating thit.'a building permit - was ob- - tain•ed from 'the County to construct - a new :barn, and` -hen "notified by `;the City of the changes in his bperations: He requested the'Coun -: cil' co "resider -p'ast ,maintenance of the road . to the be applied as payment of ' the bill:; and a ~lso asked the . broken water Ines-.through the.pasture be repaired and the debris and garbage. by the creek-be removed. 1 February .16 ; . 19 1%r LeRoy ,Cheda re It was noted that the matter of the water Water Bill bill was,.no:t. refer red d to -Water Commis - (continued). si.ori, . The Council. in - executive session directed the City'.Manager -and City Engineer to send`the bill to'recover the cost to the City of water purchased from the aqueduct. In, the discussion.that followed, details weredscussed wth.Director of Public. Works Da:vid.Young., Mayor�Putnam referred the matter'to" the City- Attorney and'.to the City- Engineer...for „exploration of legal back- ground regarding water rights and facts concerning maintenance_ of the road with on -site inspection.of the premises.. Coun- cilmen Brunner, Battaglia, and.Brainerd were a.ppointed`by"the Mayor to serve.on a committee to meet with Mr. Cheda. and the- sta_f.f after all facts have been com- piled. Mr. Cheda was ':asked.to prepare a lint of expenditures for road upkeep during the,last ten years.for, presentation at - the committee ' and staff, meeting.'' Cobblestone-,.. Letter.,. dated February 3, 1971, from Curbs & Gutters Donald.D Confer. -, President, Heritage Homes of..Petaluma reconsider ation of requirement to replace cobble- stone curbs,and gutters with concrete for; new - ;construction or additions to property.within the.City of Petaluma and_ questioning_ .the removal of . those that.•are still functional, specifically referring'.to.those along 8th• Street near "D” Street,. read and filed. Mrs — Jul e.Grantz., Vice - President of the _. _ gr,ganzation,, was present to discuss-the matter and asked -for consideration to preserve.those cobblestone curbs and gut -, ters that are still useable and serviceable. Director of Public Works David in- formed the Council'.•that according to a long - standing. City.po.licy, any new constructio. wo'rk.br additions to property requires that curbs and gutters'fronting the property be..brought up-to -City standards by the.builder.;.maintenance is done by.the City. He.added.that there are many cobble- stone curb& and .gutters in.the City and in all stages of preservation - some.are good a.nd_others,are_.baaly in need of repair. After. a ,brtef- : di - scussion, the-City Attorney was. asked. -to- .research technicalities in- volved for an .exception to the policy if those property owners:in.a block area agreed to.maintain:the existing cobblestone curbs "and gutters'.. Mr. Robert was requested to communicate' with Mrs. Grantz on the-. _. 2> February.16,•1971 Claims & Bills Resolution No. 5676; N.C.-S. , , approving . Res. #5676 N.C.S. Claims 'and Bills Nos, 2065 to 2180 ift - d clusdve,- an .Nas--. 449 to 474 inclusive, ' was °"introduced by'Councilman Brainerd, s •by- Counc_ iiman Daly, and adopted -. by` 7 aff'irmati've votes. - Federal Grant �j City Manager-Robert Meyer .referred to a Program - letter .from the Federal De.partment,of La 'Tercera & Hous and Ur,bari Development . that . appli St. Francis Parks cations for.Federal Assistance in the. acqu s >it of'= La - , Tercera and St.. Francis Parks are'., under Vonsid'erat-ion, and giving authorization - - to- proceed with acquisition pr.io'r'- to'. k-Thah actibn .by HUD: Said let- ter `submitted' =and filed. Institute of The, City 'Clerk was-- asked - to contact each Labor Relations. - Councill' member regarding plans 'to attend tHd Inxsaitutd of- Labor Relations. to be. held a't-the Jack Tar Hotel in San Fran -' ci`sco on March 17 -19, 1971. Housing'•Authority City m,anager ,Meyer referred to . a ,y fb of S'onoma,Count' letter from Mr. C.-•E.- McAdams, Temporary Secretar of the Housing.Authority of Y 'Sonoma County,: -.that .a resolution is required froiri- each City Council' indica- Ling :au:thorizati= (or prohibition. against)' the Sonoma County Housing. Authority :transact °ing.b.usiness• within the limits of the City'. I't. was `agreed that 'N!r . Meyer invite Mr. . McAdams; t - appear at the March lst Co_un:6•-1- meeting , and present facts con cerriing= the matter -. Bond Election c • Water Benefit District' Petaluma 'High School - District Res.: 4567`7 N'. C .. .S . 3V �� Pedestrian Over`crossing Vicinity of East Washington St."& Freeway It was -agreed to ,discuss at the March lst Counc -l- meet' -rng whether or not to include a sewer bona measure, regarding expansion.. Qf the" sewer plant in the ,Tune 8 1- 97'1,-- mun c�i-pal election. Letter, dated January.27, 1971, from Sup- e'rintendent- oaf Schools Lesly 'Meyer , . re- questi -ng; a-•Wa er 'B'enefit District be formed for -Grande-High School proposed.. 12- nch - water main' on 'Grande RDad , sub - mitted and fled Councilman Brainerd reported".' that th_e- Water rec- ommended•,Counc,ih «approval of'the request; whereupon .•Re o lut No 5677 N . C . S . , of • nt'ention• to `e•st•ablish.a Water Benefit District ;pur's,uant 'to - the provisions of Chapter 27 of the Pe_taluma,City Cod e':of. l•9�5'8, was introduced by Councilman - Bra'in erd, seconded by`Councilman .Daly, and_ adopted by 7 'af f °rmative ' votes . Director .of Public Works .David - Young. reviewed the , two. - proposed'. pedestrian . overcros "sing plans received from the State Division of °Highways: Res. #5677A N.C.S. Alternate -Plan No 1 - overcrossing, located .south of the interchange dir- ectly across from McKeinzie Avenue extended,: I February 16,.1 97'1 Pedeat -rian Overcrossing - vicinity of East Washington Street. and Freeway .. Res.. #5677A N.C.S. (continued) tx ' Alternate.Plan No: 2 - overcrossing located,immediat y south,of the inter- .3 � change._ , near _the , no exit to . East Washingtoon , Street City ,Manager. Robert Meyer informed -the Council that the School Board confirmed favoring Alternate Plan No. 1. The, ,proposed resolution was read and in= cluded.in-ther.esolution were suggestions made by Mr. Young: 1. That -the' State bear- ..all costs -of : right -of -way acquisition.on the easterly side of-the'Freeway as said-right-of-way-is necessary in. ..order to.accomplish the.,future.widen -. ing of the Freeway. in the State.'s-. second stage.,of East Washington Street Interchange construction project. 2. That the State allow the.City to fund its share b y transferring the accumu- lated City TOPICS program money over to the State to. the extent"necessar.y to,cover the City's share of cost, a Ing' the .State to fund the entire project with State monies and u "se- .the , City. TOPICS credit for State projects elsewhere that meet Federal requirements-under the TOPICS program: (i.e - . I Tile. City desires to trade TOPICS money. for State funding .of . City. _s share .arid not delay the project waiting.for Federal approval of same for TOPICS funding.) Resolution No,.,-5:677A NX..S. re: funding of of Highway 101, was'. introduced by.. Councilman. Battaglia, seconded by Councilman Daly, and adopted , by 7 affirmative votes. As no authority was provided in.Reso�Tution No.. 56: N * .C.S. .for funding of the p.ro -. ject other than'by- the trade of TOPICS: money,,a.moti:on wa-s then made by Council- man Battaglia ,an seconded by Councilman'' Daly. that in tile event trade of - TOPICS. money .is ,not .a.pproved, the City's share will be: funded, by 'whatever . City . funds are available; and, approving Alternate. Plan No. 1. Motion carried.unanimously. The staff directed to send a covering .let= ter w_ith.'the. resolution to the State Divi- s.ion.of Highways clearly spelling out-the Council's. authorization. Monarch Pacific Subdivision, Unit #9 Res.. #5678 N.C.S. fi.e. -.i ..r -• Planning-Commission Resolution -No. 2 -71, approving, final'map.. of the .subj,ec - E sub- ��/ division, submitted: and filed,.. Report, 1� dated FebruarrY 10; 1971; from. Director of_ Public-Works'D.avid Young approving said 226 February 16., 1971 Monarch Pacific f =irial map with 'certain conditions, - `sub -_ Subdivision,. mitted and filed.~ An area map'' of the. Unit #9 subdivision - was - displayed and described.: Res,.. #5678 N.C.S.- ResoTu'tion 5678 N.C.S.; approving (continued`) fi•ria'1 map of '.Monarch Pacific Unit No: 9',. -Was introduced' by Councilman. Matte'i ,, . seconded by C'ouncilmari Daly,-and approved by 7 affirmative . ,votes. � 4 Monarch Pacific /Unit Subdivision, Plannin g s� Commision Resolution No . 3 71, approving final -'map of the .subject - -sub= 410 division; submitted and Repo' rt., Res. #5679, N.C..S. dated _Febtuary',10, '1971,' from Director of '• Public - Works . David Young approving said •final' map subject to certain. ccon- dition's'.," subm tt'ed and filed. . The City Manager directed the' Council.' s to'Lot 113, cont'aining•30,091 square feet. Mr. 'Ron' - Simpkins' of MacKay and Somp's, " Engineers for* t'he 'Subdivider Atlantic ., & Pacific,Corporation, stated that it is the "intent -of the subdivider to build only one .:esid'ence on. the lot. .. Mr. Art .. Lafranchi ; "attorney.represent.ing the subdivider, sand Mr. Walt Williams of ' , Atlantic &' 'Pacific Corporation, also spoke, -on the necessity, of ,the 'unugdal large,, ;shaped lot"for reasonable, development "the whole ' property , add- ing' that 7occasioi ally a request is, re= . ce'ived.' f;or a large `lot,. Resolution No. 5679 'N: C_ ,:.S. ,,"approving .final map -of Monarch Pactif ic' •'Unit No.' 10 ' 'was. 'intro= duced'-by °Councilman Cavanagh, Jr.., seconded by. Councilman Niattei, .arid. adopted' by:-'7 af 'firmat:ve•',votes . East.Wash:ington Report ;;dated-February 5, 1971.,.from a St: - Payran St. Director 'o °f'Public Works David :Young Intersection ce- rtify, 'ng to the completion;, of the Traffic Signal. subject project, submitted and •f,iled.. Iristallation,: Resol'ufi:on No. 5'680 ,N. C. S . , accepting Project:'GT1.0 -69 completion of.work- for,P`ayrah Street - Res. #56 N.C.S. East Washington. Street Signal ..Install= ation', `Proj GT'10 -69', was: introduced. ` by Councilman" Daly, seconded :by- Coup -. C;ilinan. Bra inerd, 'and adopted by 7 aff,irma,t ti ve votes. ww� Oak 'Hill `-`/ Res °ervoir - Report; dated February 5 , 1' -971 , from 'Dir- ector of Public Works David A. .Young, Struc.tur:al certifying- to the 'compl.etdon iof -, structural Repairs repairs . to Oak.. •: Hi 11' Re'ser-voir, submitted- Res. #'5 , '68,1 N.C.•S. and.'fi'led. ''Re?s;o lutioh No.' 5681, N_. C. S. , accept completion of'the subject pro- jest, was introduced by Councilman.Daly', 9'eeonded''by Counci -lman Brainerd,' :'and ` adopted, by m .7 affirmative votes S r Reimb,urs`ement .ewe ter Le;t;; ated 27, 1971, from Lesly Januar _ d Y Agreement -7 Casa H: Meyer,.Superintendent'o.f Schools, 're- Grande High Scho.ol q.uesting`a` Extension Reimburse- Res -.. #5682 N.C:S. meet Agreement for Casa Grande High School February 16, 1971 2 ":'7• Sewer Reimbursement trunk sewer.on.Casa.Grande Road,, submitted - Agreement ,- Casa and filed , Resolution No. 56'82` N.C.S. , Grande High School directing tie City Attorney to prepare Res. #5,6.82 N.C.S.. a.Sanitar.y'Sewer Refund Agreement for (continued)_ Petaluma 'High ' S_chool Di.stric`t and author-. i'zing the Mayor to execute,.the same, was - i_ntroduced.by Councilman Brainerd, second- ed - by. Councilman. -Daly, and adopted , by 7 affirmative votes. Budget-Transfers. Resolution' No. 5683 N.C.S. , authorizing' transfer,of appropriations,between Res. #5683 N.C. -S. the ®® - respective Midget sections as appropriated - by .ordinance No. 9'9 N.C.S., as .amended, was introduced by..Councilman Mattei, sec - Daly, and-adopted b onded by'Councby _ilman 7 affirmative votes. Policy on The proposed re +solution.establishing Annexations policy on.annexations was reviewed, by Res. #56,8 N C.S. ,.the " Mr.. John Bashaw suggested a policy be considered that,would not-obligate the City to annexation applicants. A brief discussion . followed and.both Coun- cili�ien,, Cavanagh,:, Jr_. , and Daly felt that the resolution was premature; whereupon,, a,motion.was made`by Councilman Cavanagh, Jr.:, and sec6nd0d_by Councilman Daly to table said resolution until.the Council meeting'of "Mar,ch 1,,1971. Motion was de- f.eat(�d by the f,oll'o.wing vote- AYES,:, Councilmen Cavanagh, Jr., and _ Daly: ; NOES: Councilmen Battaglia, Brainerd, Brunner, Mattei,- and Mayo Putnam. ABSENT.: None. With the consent of introducing'Council- man Battaglia and,seconding Councilman Brunner, the: following was added to Item No., 3 of the established policy consider- ations in the resolution: "or until pro= po.sed,planning'study has been completed and accepted." Resolution No. 5684•N.C.S., establishing policy oft annexations, was introduced by Councilman.Ba:ttaglia, sec- onded by Councilman Brunner,'and adopted by 5 affirmative and 2.n,egative votes. Councilmen Cavanagh, Daly voted "NO". Councilman Cavanagh, Jr., reiterated that the resolution was premature and su -. per Petaluma School- City Manager Robert Meyer reported receipt Districts and_ of a.letter from each of'the subject school Waugh School districts expressing willingness. to cooper - District ate with the va.rious on the matter of boundary adjustments February 16 1971 e , Stop. Sign . - �`\/ Intersection Leisure Lake Mobilehome_.Park & Stony Road Adjournment Mr. Kenneth Wippert•., 804.Pepper Road.,, Petaluma, appeared before the Council reques- zing a 'stop sign be. installed the exit of 'Leisure, Lake Mobilehome Park to.stop traffic enterin'g'Stony _Point ,Road'. The matter was referred to't`ne Traffic-Committee for considera tion. There being, n.o further business 'to come before the :Co,.un.cil, the meeting..was ad- journed at 10:-45 o'clock p.m. in respect to P;lanninT Director and Mrs: William McGivern for the tragic death of their young ,son, ',James' McGivern. Mayor At'te s Ct Cl'er'k` 1