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HomeMy WebLinkAboutMinutes 08/16/1971271 MINUTES OF.MEETING OF CITY.COUNCIL PETALUMA, CALIFORNIA August 16, 197 1 Council Meeting Regular 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, J.r.,: and Mayor Putnam. Absent: None. *Councilman Brunner arrived at 8:03 o'clock p.m. Invocation The invocation was given.by the Reverend T: Hall Bisset, Community.Church. Approval,of.Minutes The.minutes of August 2, 197 were approved as recorded., Appeal - Appeal, dated July 15, 1971, filed by Valley Cambridge Square. Green Company of Planning•Commission deci- Subdivision sion`July 7,,1971 denying extension of. Res. #5851 N:C,S., time (for six: months) to file final ,map of Cambridge Square Subdivision, read and.filed. Mayor Putnam declared the public hearing opened. The reported that all required documents were duly filed. City Attorney Robert explained that the appeal is based on'a legal question con - cerning.extension of time for filing a final map.. It was his opinion.that charter.cities exempt from Chapter II, Section.11554 of the State Map Act providing fora two- year.: extension and that the local ordinance providing for 18 months' extension prevails: He was thoro.ughly•conv raced that upon expiration, the.applicant must: - refile a new tentative map in accordance 'with the 'State.Map Act. It was:pointed out that the.tentative map was originally filed with the Planning Commission in • ;March , . 1969' extended . in March, 1970 for 18 months to September 18, 1971. Mr-Robert-suggested that.the City waive.all'additional fees when the map is refiled because .of:. the .pr rezoning • moratori'um'•! He.also.poin'ted out the risk involved in. the :event validity of ..the part•icular subdivision,is - questioned. Mr. Robert Burnstein, attorney for the app.ellant,.appeared before the Council and opposed the.City,Attorney's opinion. He contended that the -State Map Act-pre- empts, the City's: with regard,to extension of He claimed that his client was•a victim of the City's moratorium on rezonings. Mr.•Burnstein reviewed the historical points involved with the sub - division and urged the Council to grant the extension of time, however, if denied a� Appeal - ,Re / Cambridge Square Subdivision Res; #5851,N.C..S. .(continued) (b 1971 Street -Con - /struction Project he recommended an alternative for Council consideration;.of - being, allowed to file ,an identical map with'all the same conditions, s`am `eng,ineering, - new filing date and waiv- . ing'of filing fees.,: As a matter.of" record, he that his applicant would assume all responsibility if the validity.•'of -the subdiv,ision.is ever questioned. Mr. John Anderson .of MacKay & , Somps ,., engineer•,s. for the subject subdivisio ,.presented a map of the prbpo:sed,subdivision.. Councilman Daly reported that-the-Planning'. Commission.b;as.ed its decision,to deny the extension on the-City Attorney's opinion.. Following - discussion .of 'the matter, .the hearing was - closed and various alternatives were considered whereupon,. Resolution No.. 58.51 . N : C . S,.. denying extens ion . of time within which to. file , a- final map. of Cambridge ,,S'quare was introduced -by Councilman Daly, seconded by'Councilman,.Mattei,•and adopted by six' aff,irmative., - and one negative votes Councilman Gavanagh, Jr. voted ".no" givi -ng consideration to .State pre- emption'in the - matter as the reason. A motion was then made by Councilman-Daly and seconded. by Councilman ,Perry recommend ing that the Camb "ridge Square Map be- refiled, . that, the time 'process for the subdivision map. start over again, that the'City waive any new or •addit.ional 'filing• fees,. and that the filing of the:tentative ma-p be totally subj,ect�to the existing zoning law. Motion carried unanimously. Letter .dated August 10, 1971 from Ghilotti Brothers requesting expeditious handling:. of. right -of -way agreements for'-the 1971 Street Construction project - 'East 'Wash ing- ton Street-.Widening, Project GT 1 -70,, Hopper Street= Lakeville:Highway Widening, project. GG:3 =69; Caulfield:Lane Construction, Pro- ject GG 3 -69 ", read and filed. Upon'City Attorney advice, the letter was..referred`.to the Council executive session following adjournment. �Y Petaluma River Letter' dated August .6 , 1971 from Walter V / Public Access.to Kieckhe'fer'requesting'the Council not to Turning.Basin. act hastily in the-matter that Baylis Street be a permanently dedicated easement for public access. to the turning . bas'i'n in the Petal'uma.River because of Walter Kieckhefer- Company's downtown commercial plants pro 7 . posed to include the use of Baylis Street for build n s and parking, and suggesting :. tha:t.no'decis ions .for a permanent access be. made until -.a , precise development plan for th�e'turning, basin has been presented and .approved, read and ,.filed: 1 1 1 373 Petaluma River - Councilman.Cavanagh. ' - -Jr.'then retired ..to c- PubliAccess-to -the e acid sp referring:. to the Turning.Basin first paragraph of. the.letter,"It ha.s (continued)'. come to my,a that Cavanagh and. Comp4ny,are requesting ,City sanction of a request to the State'Lands and other appropriate political entities that Bay--:7 1is Street be 'a perm anently dedicated ' easement for-public access to the.turning basin." Counc' ilman. Cavanagh, Jr. clari- fied that Cavanagh and Company did not request City sanction of a request to the State lands bu only requesting deter- mination of the."boundary of their property facing-Wellpr Street at one corner of Baylis Street. The letter was referred to the Council Committeel Clecak, Mattei) recently' appointed -to study Cdvanagh/City of Petaluma/ State Lands-,Boundary Lin&Agre'ement regard- ing, Petalu SB 920 Letter, dated'." Augudt. , 1 .1971rfrom Henry H. AB 10-57 Spomer, Superv.i Districtj Sonoma County, requestin'*meeting and conferring .9 with the.City"Council either separately, . coll6c in• a joint .meeting with other City. decisive position .onre , gional government, read and f iled: Said .letter was teferr6d for con- siaetation-under Agenda Item Number 12. California State Letter dated July 9-, 1971 from Phyllis y Library - I. Dalton, Assistant State Librarian, requesting,that all available -local gov6rnment'pilblications.be sent.to the State Libra'ry.'at,Sacramento, read and filed. - Freeway. and Letter dated July, t -, 1971. from James Transportation A-. Moe,.State•Director of Public Works, 3 0 Planning'Study regardin'-a new Department of Public W'.rks' -policy on freeway"and transpor- tation material, attached e:kpla'ining'the policy, submitted and, -f iled.. Functional Classif!i-- Letter dated 6,. 1971 from Alan. 3 cation Study S. Hdrt.,' District'. Engineer, Division of �2__ Highways,', announcing a publib hearing ' on the'. Fu'nb Classification Study, September `1.5, .19.71 2:00'p.m. . Board .of S,�P&tvis6rs' Chambers; Santa r Aosa'', submitted, and. filed.. Director o f.... Public; Works - David A. *YOun'g from the. City. staf.f.,.wi.11 represent the City at. public hearing. PUC Pub.lic Utilities Commi, notice of a-pp•ication filed by Pacific Telephone and-Telegraph-CO I m 'pany for authority to increase:: in."Iritrastate rates for charges for..te,lephone service in an amount to - of i-hcr,easesa in wages and salary rates, submitt,ed and filed. 374 t� ABC Ap,pl`ication fihed with Alcoholic Beverage ;% - �/ Control by�Raymond H. -& Beverly O. Wilson for exchange of` On -Sale General Eating Place' Li' ' se' : E e Hideaway,, 128 Kentucky Stree.t:, approved' by the Chief 'of Police,, Building •Inspect,or;' and, Health Sanitarian, submitted and 'filed. Claims , and.Bills - 'Ciaim.Numb.er 3558 As.tro turf and Res. #58.52 -N. S adhesive. - _ Director Public Wor-ks:David Young - explained that. this material'was installed 'on - the, small traffic. island at Washing ton ~"Street. - and Howard Street - as an, Q xperiment to determine two points:, dura- bility:of`the material and.the: public's reacti'on' `to such a " beautification• progr'am... Claim Number •3638 to Kirker and *Chap -. man for progress payment regarding Cherry Valley SeweD`istrict'; .Study`- Mr. Young. repo`r.ted that'the 'engineering firm will pre sent its study to the Council,either-late. in August . or.;early in September,.' t Counc;i_ima -n CavanagYi,, Jr . ,referred to Claim Numb ers' 3541, 3547, .3548, and •355.0,. regarding.acquisition,of property for the 1971 S;tre'et. Proj -ect and .stated that he. in- tends `'to vote 'n& on the claims ;because of his disapptov:al 'w Lth the procedure, that was used on some,• - but not all, of these 'c;laims. R6 so lution ^N,umber 5852 N.C.S. approving claims and. bills Numbers 3535 •to ' 36:56 .inclusive, . and N,umbe'rs 733 to° 7'61 inclusive, was intro- duced.by'Counc iman Mattei,'•seconded b:yy " Councilman Petty, 'and .adopted by six affirm= alive and one"heg`at v dr. ' ve votes . Councilman loran Caanagh, ` :vo'ted', "no ".,f or 'the. reason - stated above.. Bicycle License Assistant City Manager John,Nolan reported Moratorium Extension that the''bicycle- license supply -.has been received an 't two week extension on the moratorium of''fees will start on Aug- ust. 23 - and - end on September 5 19.71. - Pub - y l city on* two- -week. extension will be-- given; to the local= news media. c� AB 1.057 - Councilman Clecak.pres.ented report-dated SB 920 August 16,' 971 entitled ' =A, _comparat" ve report concerning the two forms - of Regional. Government before . the citizens - of Peta- luma and Sonoma County (AB 1051 and SB.9- 20) ". Said - report submitted and . filed. ' Councilman Clecak. pointed out that 1 the .report compares, various aspects ° 'contained in both - Bills: Purpo,se , . Membership, Government. Structur' e and Represent ation,' Expenses. Finance, Revenue and .Taxation, ;Review of Applications • for , F'i�na ncial'Assistanc'e', Disposal,of Waste and Critical .Ana-'yls' s .. In his critical analysi_s•, Count- lman.Clecak recommended that the.,Counc.i,l vote ':a. gainst b'oth' cf these proposals. , as. they_ now exist and _`i'f need be, urge the Governor. to veto them. until their impact . is f and 'objectively cively - understood by the citizens of Petaluma and Sonoma County.- He added two 1 SB 920 AB 1057 :^ (continued) 37 r' further points or,ally (1). so. far. as these .two•. Bilks have been amended (July 26 and •27) , they. have ,become better for people .arid (.2 ) - that further study should . be.do;ne,.. Considerable- discussion followed. Those in the audience who . s_poke - in favor of SB 920 were.Mr. Ernie Curtis of the Irate.Tax Payers' Comm Mr.. Mel Hein, 609 Keokuk S.tr.eet, and.Mr. Lawrence Fo,rney,•El.lis,Street. Mr. Brand Johnson, 1Q Highland Road and Mr. William ',Bettinelli, .607 Fourth Street spoke, agai -nst the . B'i,lls.. Mr. Bettinelli proposed that-Sonoma.County align itself with peripheral Counties having similar problems. Supervisor Joerger: was also present. He ,: referr -ed.to'Superv.isor.Spomer's letter and urged the. Council.-to- act immediately in support, of the concept-of the, Bill. Considered was the fact that -the State Legislature has recessed until Septem'ber'7, 1971, which would allow time for further study;- .however,_a motion was made by Councilman ..Cavanagh,.- Jr .: and seconded' by Coun- cilman Brunner support:ng:the. concept of SB 9'20 and that`:the Council try to meet collec- tively.in'a jo. int .mee'ting.regarding.the.mat"ter (as rrequested by.. S:up,erv.isor Spomer . in his letter). Motion defeated by the following. vote- AYES: Councilmen Brunner, Cavanagh, Jr., and Daly:. NOES Councilmen, Clecak, Mattei, .Perry, and -Mayor Putnam. Recess Mayor .Putnam declared a recess at 9:45 o'clock p.m., r The meeting reconvened -.at 9:52 o'clock p.m. Sonoma 'County Referrals regarding Mobilehomes Letter dated„August19.,.19.71 from William �3 F C.. McG,ivern., Director of Planning and / Community Deve.,lopmefit that the Planning Commis- sign hays, been - receiving numerous referrals coneer-n_in.g. the development of mobilehomes. ,on single lots in the unin- corporated areas of Petaluma within the GeneraL.Plan area'of' influence, and is recom- Mending to,the -City Council that a policy statement be .prepar'ed•,and forwarded to the Sonoma Cbunty,Planning.Department Indicating City's opposition to,grant- ing'use permits .allowing- mobilehome s'_ on si .lots, except—those housing 'agricul- .,tural. empaoy submitted and filed. Councilman.Dal_y explained that various cities haverniti.at'ed such a policy state- ment whereupon; City Attorney was directed to prepare a policy statement for Council consideration at its'next meeting.- Planning Commission Letter dated -12, 1971 from Robert Procedural Reorgani- E. Daly (Councilman. and member -of the zation Planning'.Commission) and William C. Mc- Givern to the Planning,Commis- �? sion that the Planning Commi +ss ,,ion has studied the structuring , of the . Commission main.l,y, the creation'of_ ,the .Board of Zoning.. / Adjustments rn its rrelationship.to the _ Commis ,, and ; that .the 'Commission recom- mends - to the Council the following action be taken.: Ordinance Number 977 N.C.S. c "reat,ing the Board, of ,Zoning Adjustments be - repealed_ and a ,ordinance be initi- ated :cre:ating .an,_8 =man Planning Commiss -one with the "provi'o that the newly elected chairman have.voting privileges only in -the event of•a tie vote, and:upon, the expir- ation or resignation'of the first Planning ' Commi s s io_n- member , •the Commis s on . will become a permanent . 7_ -man , Commission, , sub =- .. mitted and filed`. " Councilman Daly.- explained the main.reasons for'the.C_ommis'sion's: recommendation: .. Since the Bo'ard's :creation-, the Council has employed .the services of Williams and Mocine to. completely - overhaul, the City's General.. Plan, Zoning 'Ordinances -, . and._ other related ordinances ,:resulting,.in reduction of the work of - the - Pl'anning . Commission and the Board of Zoning 'Adjustments; the dif:fi� culty:of rotating members to serve on. , the BZA - because, of inability -to meet in the afternoon; - aid, that those ;serving ontthe'B:ZA do not have an.op.portunity to.participate in all plas,es of the current Planning study. City'Attarney"Robert noted that'the new zoning ordinance possibily - will eliminate the need of the BZA ,and! that much of_ its ., wor.k`load will ,be handled - administratively with provision for appeal' to the .P lanning Comm sa He suggested that the Council consider the questin o of time concerning.the adoption_ _ of an amendment . to the Planning -Commission -_ Structural Ordinance' and3 concerning 'the' ptes'entation- of - Williams and Moc'ii e' s study both'. of which could -occur near the After,-further d.iscusslon, Councilman Daly was asked 'to refer - the matter 'back� to:. the Planninq.- Commiss°;on pointing out the time factor -' nvol'ved and the broader broader imp,lca- Lions'. as 'dis:cussed by the Council. '.. Chamber of Commerce Mr.: B- A:: Shannon, :Secretary- Manager , of . . Meeting the Chamber of Commer-cei.highlighted the Board ,'of ,Director" s -meeting held today.' . He stated , that -.a proposal regarding, the revita1izat.ioH of the downtown area will be presented to'the :Council soon and that the'Chamber. agrees with Councilman Clecak's report on SB 920.and AB 1057.' 1 1 377 City Hall./City-Center- Councilman Cavanagh,,Jr.. reported that.he,• Construction Project Councilman Clecak, and City Manager Meyer attended a Sonoma County Building Committee an'd completed•selection of the City Hall.exterior paint color and the necessary- inter,ior,furnishings. Sunnyslope Avenue Near- Plans and- .specifications for the subject "D" Street Sewer Main pr.oject;•submitted and filed. The -plans Extension Project' were explained by Director of 'Public Works SS 19 =69 David-Young. Resolution No. 5853 N.C.S. o Res. #5853 'N.C.S. approv specifications entitled 5/ "Sunnys. Avenue Near. "D Street Sewer Main Extension Project 19 -69" was introduced•.by Councilman Clecak, seconded by- Councilman Cavanagh, Jr. and adopted by seven offir"ma:tdve votes. Petaluma River Dredging. Plans and specifications for the subject Spoil -Dike _ Reconstruc - ,:.onproject, submitted and filed. In response ti6n-',f97'1 -72 'to .Councilman Cavanagh; Jr., Director of Res. 15 - 85 . 4 N.C.S. Public Works, David Young, recalled previous Council di.scusson to approach - ing'the County for .participation in dike construction costs:. = A .motion was made by Councilman ^ -C,avanagh- .. Jr. ; and seconded by Councilman.par.ry, Jr.; that a request :be made to the Sonoma County Board -of Super- v.sors for ,participation of funds. Motion carried unanimously. The City Clerk and City-Engine'er., were directed to send an appro -. priate letter : - .the Board of Supervisors pointing .out :the cur-rent , dredging project and' the County benefits derived from the use of the-. river .. Re'solut`ion No .- 5 °8!5 4 •N . C.. S . approving the, -subject plan's and specifications, was intr:od:uc.e.d :by.Councilman Clecak, seconded by Councilman ,Perry,,'Jr., and adopted by seven affi= rmative votes Demolition '.and; The subject matter,, was'.delayed for further Removal of Buildings study by'the City Attorney. Project 96 Hopper St. Casa Grande Sub Report dated August 1:2,-1971 from Director division ' Unit #5 of Public Works Young' certifying Res. #5855 N.C.S. "t to the completion of public improvements s'n Casa Grande•Subdivision Unit #5 and recommend thereof with cer- tain provisions,•submitted and filed. Resolution No. 5855,N.C.S. accepting completion of­work Casa Grande Subd °'Number .5, was introduced b`y- Councilm'an; .'Daly; seconded by Councilman Perry,- Jr . , and adopted. by - seven ' af:f_ irmative votes ., Tax Levy Ordi,nan'ce Ordinance Number 1028 N. C.S. levying; 1971 -72 rates :!of - .taxation °upon the assessed Ord. #1028 N C -. S . valuation - 'of -•the property in the City for .the, fiscal year- Ju -1y. 1, . 1971, to June`30, 1972, was - introduced by. Council - man,Mattei, seconded -by Councilman Cavanagh, Jr.�, and ordered published by seven'.affirmative votes. Councilman Cavanagh, Jr. pointed out.the amount of Tax Levy Ordinance tax rate: $1.50 - general -rate 30� - 1971-72 Bond Service rate (7� lower than last year) - Ord. #10.2,8 N.C.S. a total of $1,80 per :$100 assessed valuation: (continued) Animal Control Councilman re.ported'that the Planning Ordinance Amendment re Commi "s s.ion`revewed',the s ordinance Hobby Dog Kennels. on August 20, 1971 and recommended several , modificat_ion,s; however, subsequent this' meeting, he met with the Chief - of - "Po:lice; City Attorney, and Animal Control Officer. It was agreed'that the ordinance was totally unenforceable 'because of its conflict 'with the zoning ordinance and related ordinances. Councilman Daly recommended thatthe City Attorney submit the matter to Planning Consultants Williams and Moc for" development of an ordinance that would be enforceable -and would allow non - conforming use permits to those who now have hobby dog kennels -. Councilman Cavanagh,-Jr.} Councilman Cavanagh :Jr. was excused at 10:36 p . m•.. and returned. , and 10:3 8 ,p .m . ; following. -action 'on 'le,gislation for, the Sonoma ° 'County 'Water Agency. Sonoma County Director of Works David-Young Water Agency re, explained .that the subject legisla Sanitary Sbw er` Line , provides for an agreement with the .County Res: 45856.,N.C,S. 'to reroutes-the City's " sanitary sewer line at the L-asher Hatchery on Petaluma'Boule- vard ;North'.in.. conj ^uhction with 'the County's Cherry Valley storm drain .improvements proj'ect, whereupon, Resolution No_ 5856 N,C,S', authorizing the Mayor to execute an agreement,' - with the Sonoma County Water. Agency, was introduced -by Councilman Cavanagh,,, Jr., seconded by and adopted by affirmative votes;-one absentee. (Councilman Cavanagh, Jr'. was absent at tYiis , time):: Repe °cling .Resolutions Resolution No. 5.857 N. C, S , repealing, re Authorization of Resolution No's. 4.92;6, 4930, 4931, and Signatures. 4.946 N;C.S_," which "author`ized certain Res. #5857 N.C.S: officials of the .City to sign and endo -r =.se checks,and other instruments, was,intro- duced by- Councilman Cavanagh-, .Jr.,, seconded by Councilman Cle ,- and` adopted by seven affirmative ' votes'. "A "Street Parking Police Chief Larry.Higgins reported to the Lot. Council - that ,the "subject lot-is not being utilized and to date only two permits.have been, sold since permit parking was initiated on the lot'. He was asked to evaluate the entire problem and work together with.the Chamber of Commerce on ts"downtown revital- iza-tion for.a'report"to the Council thereon. Adjournment There be.ing business to'come before the Council, the meeting. adjourned at l "0':.4"5 .o'clock p..m. to an executive session and to Monday, Augu 30, 1971'�at 7:30 o''clock p.m. Ma ro r ATTEST: