HomeMy WebLinkAboutMinutes 06/05/1978MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
JUNE 5, 1978
REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE
CONSENT CALENDAR
Loomis, was removed.
lman Hilligoss, to ai
#8 and 49; introduce
through #15. Motion
The Regular Meeting of the Petaluma City Council was
called to order by Mayor Putnam at 7:37 p.m.
Present: Councilmen Balshaw, Cavanagh, Harberson,
Hilligoss, Perry *, and Mayor Putnam.
Absent: Councilman Bond.
*Councilman Perry arrived at 7:40 p.m.
Mayor Helen Putnam led the audience in the Pledge of
Allegiance to the Flag.
At the request of Mayor Putnam, Agenda Item #6 on the
Consent Calendar, rejecting claim for Jack and Pat
Motion was made by Vice - Mayor Perry, seconded by Counci-
lopt the resolutions, Agenda Items #1, #2, #3, #4, #5, #7,
the ordinance, Item #10, and adopt ordinances, Items #11
carried unanimously.
Agenda Item #1 Resolution #8206 N.C.S. requesting cancellation of
REQUEST COUNTY taxes on property herein named, acquired by the City
AUDITOR TO CANCEL of Petaluma, was adopted.
TAXES
RES #8206 NCS
Agenda Item #2
Resolution #8207 N.C.S.
accepting
completion of work
ACCEPT COMPLETION—
required for Parcel Map
No. 118 -
Lands of Lakeville
PARCEL MAP, SOLA
Associates, Ltd. (Sola
Optical) was adopted.
OPTICAL
RES #8207 NCS
Agenda Item #3
Resolution #8028 N.C.S'. accepting completion of work
ACCEPT PUBLIC
required for Parcel Map No. 122 - Leonard Jay and
IMPROVEMENTS
Ronald D. Hardy, was adopted.
JAY AND HARDY
PARCEL MAP
RES #8208 NCS
Agenda Item #5
Resolution #8209 N.C.S. approving claims and bills,
APPROVE CLAIMS
#5018 to #5202, inclusive, General City; and, #966 to
AND BILLS
#1004, inclusive, Water, was adopted.
RES #8209 NCS
Agenda Item 47
Resolution #.8210 N.C.S. approving claim of David M.
APPROVE CLAIM
Shaw, not to exceed $48.00, was adopted.
DAVID M. SHAW
RES #8210 NCS
Agenda Item #8
Resolution #8211 N.C.S approving lot line adjustment
APPROVE LOT LINE
for A.P. #008 - 510 -29 to add an additional small area
ADJUSTMENT- - LANDS
to A.P. #008- 430 -27 and #008- 430 -28, Lands of Nelson
OF NELSON AND
and Kvalheim (in the 5 and 6 Jean Court)
KVALHEIM
was adopted. 1
5 AND 6 JEAN CT.
RES #8211 NCS
Agenda Item #9
Resolution #821.2 N.C.S. approving lot line adjustment
201 -07 #19- 2 -01 -08, Lands of Jonas and
APPROVE LOT LINE
for A.P. #19- and
ADJUSTMENT - - LANDS
King, to move south property line of #19- 201 -07 further
OF JONAS & KING
south ( "I" Street Extension and Sunnyslope Road) was
"I" STREET EXT.
adopted.
RES #8212 NCS
Agenda Item #10
Ordinance #1304 N.C.S. amending various sections of
AMEND MUNICIPAL CODE
the Petaluma Municipal Code„ to make violations thereof,
TO MAKE VIOLATIONS
with certain exceptions, infractions which were for -
INFRACTIONS INSTEAD
mally misdemeanors, and to provide for forfeiture of
OF MISDEMEANORS
bail in lieu of court appearances for certain circum-
ORD #1304 NCS
stances, was introduced and ordered posted.
June 5, 1978
Agenda Item #11
DESIGNATE GREAT
PETALUMA.MILL
HISTORIC LANDMARK
ORD #1297 NCS
(SECOND READING)
Agenda I-tem #12
DESIGNATE THE OLD
POST OFFICE BLDG.
A HISTORIC LANDMARK
ORD #1298 NCS
(SECOND READING)
Agenda Item #13
DESIGNATE THE McNEAR
BUILDING A HISTORIC
LANDMARK
ORD #1299 NCS
(SECOND READING)
Ordinance 41297 N.C.S. designating the Great Petaluma
Mill, located at 6 -8 Petaluma Blvd. North, in the City
of Petaluma, a historic landmark, was adopted.
Effective date of Ordinance, July 5, 1978.
Ordinance #1298 N.C.S. designating the Old Post Office
Building, located at 10 -22 Petaluma Blvd. North, in
the City of Petaluma, a historic landmark, was adopted.
Effective date of Ordinance, July 5, 1978.
Ordinance #1299 N.C.S. designating the McNear Building,
located at 15 -25 Petaluma Blvd. North, in the City of
Petaluma, a historic landmark, was adopted. Effective
date of Ordinance, July 5, 1978.
Agenda Item #14 Ordinance #1300 N..C,.S. amending Zoning Ordinance #1072
AMEND 'ZONING ORD. TO N.C.S. by reclassifying and rezoning A.P. #008 - 510 -48
REZONE 161 GRANT (approximately .58 acres) from R -1- 20,000 to R -1-
AVE. (EVERHART) 10,000, for property located at 161 Grant Avenue
ORD #`1300 NCS (Everhart), was adopted. Effective date of Ordinance,
(SECOND READING) July 5, 1978.
Agenda Item #15
AMEND SEC. 2.30.030
OF MUNICIPAL CODE
RE HISTORICAL
LIBRARY /MUSEUM
ORD #1302 NCS
(SECOND READING)
AWARD CONTRACT -- TRAFFIC
SIGNALS AND STREET
IMPROVEMENTS, PETALUMA
BOULEVARD NORTH AND
LAKEVILLE STREET
Ordinance #1302 N.C.S. amending Section ,2.30.030 of
the Petaluma Municipal Code, relative to the Petaluma
Historic and Cultural Preservation Committee and the
Petaluma Historical Library /Museum, was adopted.
Effective date of Ordinance, July 5, 1978.
** ** ** ** ** **
City Engineer David Young gave a report of the bid
opening of May 25, 1978, for the project to improve
Petaluma Blvd. North and install traffic signals at
the intersection at Lakeville Street.
RES #8213 NCS Two bids had been received; one from Ghilotti Bros. in
the amount of $208,554 for Schedule 2. The second bid
was from Honda Construction Co. in the amount of
$232,73'5. Mr. Young advised this is the second time the project has been
advertised for bids, but Ghilotti Bros.',bid on the previous'bid.opening was
$198,554. That bid was rejected because only one had been received by the
City. Mr. Young also advised the work to be done at this intersection would
correct some flooding problems in the area, and the $10,000 increase in the
bid from Ghilotti Bros. occurs in the enterprise fees which had previously
been set at $15,000 and is now $25,000. The time for completion of the proj-
ect would be 135 calendar days, or four and one -half months, and it should be
completed well before the Christmas shopping season.
Resolution #8213 N.C.S. awarding contract for traffic signals and street
improvements, Petaluma Blvd. North and Lakeville,Street, Project #9620, to
Ghilotti Bros., Inc., San Rafael, in the amount of $208,554, was introduced by
Vice -Mayor Perry, seconded by Councilman Balshaw, and adopted by 5 affirmative
and 1 absentee Councilman Harberson abstained from voting as his firm
has space in Ghilotti Bros. office.
CITY MANAGER'S REPORTS
Y
SCHEDULED MEETINGS The City Manager reported the Local Agency Formation
Commission will be considering the Northeast Annexa-
tion No. 11 at their meeting June 9, 1978.
Juie 5, 1978
SCHEDULED MEETINGS
On Monday,
June 12, between the hours of
10:00 a.m.
(Continued)
and Noon,
the United-States Army Corps of
Engineers
will be at
the.City Hall to discuss flood
insurance
for the citizens of the
community.
I:t is a public hearing and the
Planning,
Engineering and Public
Works Departments
would participate in the
meeting.
Mr. Meyer also reported the County Service Area No. 29 will be discussed by
the Local Agency Formation Commission on June 9. He is not sure whether or
not the Council want to spend time to try_to do something right now on
this . because of the ramifications c& Proposition 13.
The City Manager also stated he would like to have 100 percent attendance of
the Council at a meeting on Wednesday evening, June 7, in order for the Council
to discuss the Budget and be able to move forward on Monday, June 12.
ASPHALT SIDEWALK Councilman Harberson advised the asphalt.sidewalk
PARK PLACE SUBD. which the City Council required of the developer in
order for children to get to the Bernard Eldredge
School has been heavily damaged by the hospital construction and asked if the
developer for the hospital should not be required to put a driveway in for the
large trucks and to repair the damage.
PROPOSED ANNEXATIONS Councilman Balshaw asked what the status was on the
Wicke's situation, as he had.asked.for a status report
the first Monday of -each month. Community Development and Services Coordinator
Frank Gray indicated they had checked with the management of the Wicke's.
Lumber Co.. and they have requested the cost for extension of water and sewer
lines. This information is being compiled..
Councilman,Balshaw also stated he would like an estimate when the Council
could expect a report of the results of the . survey for other areas on the
perimeter of the City to be annexed to the City., City Manager Robert Meyer
indicated the staff is work=ing on the Sunnyslope area. Councilman Balshaw
also indicated he was interested in the areas south on Petaluma Blvd. and
north to Redwood Highway. Mayor.Putnam stated she felt the property owners
should be asked if they were. interested in annexing. City Manager Robert
.Meyer indicated the staff would try to bring the information to the Council as
quickly as possible.
COUNCIL, COMMISSION & BOARD REPORTS:
PROPERTY Councilman Hilligoss stated the Board of Supervisors
RES #8214 NCS has requested the City to remove the contingency from
a previous resolution forwarded to them. The Board
also indicated they could not assure they could restore the $62,000 in the
Budget because of Proposition 13. She stated the property is now $1,575 per
acre, and the adjoining property is selling for over $3,000 an acre. Two
years ago, the property could have been purchased for $1,100 per acre. The.
site is on the City's General Plan as a regional park, and every other area in
Sonoma County has a regional park, with the exception of the South County.
The County is to use the 1974 Park Bond funds,.
URGE.SONOMA.CO. BOARD A memorandum dated June 1, 1978, from Councilman
OF SUPERVISORS TO .Hilliaoss to the: City Council, submitted and filed.
PURCHASE VARNHAGEN
Resolution #8214..N.C.S. urging the Sonoma Board of Supervisors to
accomplish purchase of the so- called Varnhagen Property as a South Sonoma
County Regional Park Site, was introduced,by Councilman Billigoss, seconded by
Councilman Harberson, and adopted by 4 affirmative, 2 . negative, and 1 absentee
votes. Councilman Cavanagh qualified his "no" Vote because he does not feel
this is a proper location for'a.regional park.
GOLF COURSE COMMITTEE A letter ;dated May 31, 1978., addressed to the City
REPORT Council by Edouard E ., .Robert., Chairman of the Golf
Course Committee,, was read by the City Clerk and
ordered filed.
June 5, 1978
GOLF COURSE COMMITTEE Mr. Robert stated he did not know whether he could
REPORT expand on his letter to the Council, but he did state
(Continued') the original report submitted to the Council by William
Sherman was constrained to some extent by the water
shortage situation when the report was prepared. At that time, the-recommenda-
tion the Committee made was based upon water availability. While Mr. Sherman
was employed, he was directed to investigate areas which would.be- adjacent to
or close to the sewer ponds., in order to use the reclaimed water -. The Watson
Ranch, However., in the Committee's opinion:, and he believes in ' r Sherman's
opinion, is probably better terrain for , a. golf course than other lands recom-
mended to the Council for purchase. Mr. Robert stated he believed the ex-
change of properties, if it.goes - through, could be of great benefit, to the
City. The golf- course would be semi - private and open to the public.
Councilman Hilligoss stated she felt it was a good idea to have private enter-
prise build the golf course rather than have the City become involved, but she
questioned whether the City would be expected to encourage them to build
houses around the golf course.. Mr. Robert stated there are no requests for
commitments on the part of Mr. Murphy at this time.
Mr. Robert was also asked whether it was the consensus of the entire Committee.
Mayor, Putnam stated had attended the meeting as an observer, and to the
best of her knowledge, the meeting was attended by Mr. Robert, Fred Mattei,
Stan Seidell, Mrs. Medo,,.and'Mrs. Pedrotti. Mr. Robert indicated Mary Shearer
did-not attend any of the meetings of the Golf Course Committee because she
-felt she was not knowledgeable regarding this type of activity. The Recrea-
tion, Music and, Parks Commission representative to the Committee, Harry Schloetter
did attend the meetings. Mr. Robert stated the purpose is to request whatever
action the Council -can take to assure the Watson Ranch could be available for
this type of project by amending the Environmental Design.Plan.
Councilman Balshaw stated he was not pleased with the way the matter had been
presented to the, Council. The constraints which were placed on. the golf
course regarding the use of water were put-therefor a purpose. He also felt
public hearings should be held on the matter, and it is his understanding the
staff has been involved, but he did not - feel the Council had, been - adequately
advised. Mr. Robert stated the matter was simply one of private organizations
making arrangements- between each other. When the golf course was originally
proposed, it was conceived the City would be involved in some sort of a
financial arrangement. With this proposal, providing it goes through, and it
is subject to a lot of contingencies, the City would gain a facility of
tremendous value.
Mayor Putnam stated it is - very true the City was looking at the, use of the
effluent and Mr. Sherman was directed to prepare his report subject to that
constraint. It is her-understanding the person who has the property to sell
thought of 'the•dea for the exchange. She presumed they could have talked to
each other without ever coming to the City at all. At the meeting she attended,
all they were going to do at that time was to take the matter back to the
Executive Board' of the Golf Course then, in turn, to the membership for a
vote.
City Manager Robert Meyer stated it -was his understanding., from past. policy of
the Couni 1, when private enterprise wanted to do something in the community,
the City worked with them. The City staff has only been involved to answer
questions. Even if the City was not considering a golf course,, the 'question
would.be whether or not this area could: be utilized as a golf course site, and
the present golf course, owned by the Petaluma Golf and Country Club, used for
homes.. The final decision would be made by the City Council. The Planning
Commission would be required to hold hearings on the matter.
Larry Jonas stated it was hi_s understanding the golf course was to be placed
in the greenbelt area..in the vicinity .ofsEly Road. He also stated by placing
the . golf course in the proposed area -would be growth - inducing. City Manager
Robert Meyer reminded Dr.. Jonas the greenbelt area is more than on the valley
side of the community. The proposed area, i.e., the Watson Ranch, is in a
greenbelt area. The feasibility study prepared by the William Sherman Co.
indicated there could be sufficient support in the community a golf course.
One of the reasons -the City tried to locate it close to the sewer ponds was
because it was felt the -City was going to be involved in the operation and it
would be less expensive to have it in that area. This proposal is strictly
between two private concerns, i..e., William Murphy and Petaluma Golf and
Country Club, but it is still not certain how the Country Club Membership will
June 5, 1978
GOLF COURSE COMMITTEE vote on the ; matter. Councilman Hilligoss asked to
REPORT clarify the position of the Recreation Commission.
,(Continued). They did say the priority should be that the facility
should be built byprivate enterprise. She stated she
was concerned whether, or not promises had, been made to' the developer of which
the Council was not aware. If this is strictly an exchange by private parties,
she doesn'''t want the City to be -tied into it. Mr. Meyer questioned Planning
Di - rector Ronald Hall and Community.`Development and Services Coordinator Frank
Gray whether or not they had made�any . -prpmisesz to the developer. Both members
of the staff and Mr..Meyer-.indicated no promises. had been made.
Frank Gray stated there were two points which he felt. should be made clear.
First, the,William Sherman study did evaluate: 'the Petaluma Blvd.. North area,.
but because of the factors of small parcel's of land, which .isn't the case
here•, multiple ownership of' parcels which applies, to this land, and the.non-
%availabilityof wastewater projects, the study eliminated the
entire area. Second this matter was brought to the Council upon.his recommendation
to the developer that if it.was his intention to proceed with the plan, Mr.
Murphy should request a change to the Environmental.Desi Flan. This reason
was to allow future control. by the City over the land. If , the land remains in
the County, it can develop into a golf course with. -a density for houses, but
with no „control by the.,City. The recommendation has always been if the City
wants to use a_golf' edge to development, or a greenbelt, the City
.should be in control of the development itself:. Therefore, the change to the
Environmental Design Plan - is. only in, anticipation to annexation of the land.
Once the land is annexed,, the Council would•have the right to say what would
be built on the land'. It was only in light.of..that.,- control that the recom-
mendation was to .Mr. Murphy.
Councilman Cavanagh .questioned what action was expected of the Council at this
meeting. City Manager Robert °..Meyer reminded the Council that when Mr. Murphy
appeared before the Council at a previous meet the matter of referring the
request to the Planning Commission was held until a. ;report had been .received
from the Golf Course Committee. . The Council, at 'this meeting could refer the
matter to the Planning Commission to consider a to the Environmental
Design Plan, along with the other changes requested. Mr. Meyer also stated
the 'developer.has not requested homes to be built around the proposed golf
course; however, it is reasonable to expect he will request to build homes in
the vicinity of the present, golf, course if the request for the change to the
Environmental Design 'Plan ; approv.ed.
t
After further discussion, Mayor Putnam moved that the matter of the developer's
request for change to the Environmental Design-Plan be referred to the Planning
Commission. The motion was seconded by vice -Mayor Perry., and unanimously
approved.
RECESS Mayor Putnam called 'a recess at 9:05 p.m., and the
Council reconvened at 9 :15 p.m.
ADOPT,NEw CHAPTER 13.,28 A letter directed to the: City Council by Dan Phillips,
MUNIC'IP,AL CODE TO Chairman of the, Recreation,, Mus and Parks Commission,
REGULATE THE USE OF dated May 25,. ,1978, was read by.the .City Clerk and
PUBL"IC.PARKS ordered filed. The communication from the Commission
ORD #1305 NCS recommended the- parks be closed'from.10:00 p.m. to
(EMERGENCY ORDINANCE (5:00 a.m.. the following day, and to include linear
EFFECTI.U,E IMMEDIATELY) parkways;,•
City Attorney.Larry Klose s tated the Ordinance before the Council reflects the
draft which had `•been :approved by the Recreation Commission. The ordinance had
been changed from the, one the .Council had previously - reviewed to include the
prohibition of use or pos'ses'sion of any glass containers in the park. The
ordinance specifies the hours can be regulated as5 considered necessary. There
is flexibility regard- ng designating parks or- portions of .parks,. It would
allow usage of certain portions -of the pa -rks later than 10:00.
The Council reviewed the Ordinance, and most of. the discussion centered on the
hours for opening and closing - the parks. Police Chief Robert`Murphy was asked
if 10,:'00:p:m_ was:a reasonable.; hour to close the parks. He :indicated one hour
later during the Summer would..probably be ' mor-e for the ball parks
and tennis courts.. The City Attorney pointed out these. areas could be designated
by the City,Manager to remain, open under certain circumstances.
iba
June 5, 1978
ADOPT NEW CHAPTER 13.28 Also discussed was the possibility of allowing the
MUNICIPAL CODE TO parks to open one hour after dusk. Mr. `Meyer
REGULATE THE. -USE OF pointed out this would create problems because signs'
PUBLIC PARKS would have to be printed, and it may be difficult for
ORD #13,05 NCS the Police Department to enforce such.a measure.
(EMERGENCY - :ORDINANCE Chief Murphy also advised the'Ordinance would probably
EFFECTIVE IMMEDIATELY'); only be enforced at such time when a.complaint is
(Continued) received; however, there would.be a.possibility an
occasional 'check'of the' parks'would''be made by'his
department.
The Council decided on a fixed time for opening and closing the,parks., with
the parks to be closed•.between the hours of 10,:00 p.m,. and 6•:00 a.m.. the
following day: In the' course - of the discussion, Chief Murphy was asked about
the area near the park on Eleventh Street where young people congregate, and
whether the • ordinnance , would - regulate the' •pa.rking sin- this' area Mr. 'Meyer•
suggested that no parking signs be installed which would prohibit,parking
between the hours of 10:00 p.m. and 6:00 a.m.
Ordinance #13.05 N.C.S'..'repealing 'Chapter '13:28 of the Petaluma Muhi6ipal Code
and adopting a neW Chapter 13.2`8 thereof, to regulate the use of public parks,
'and declaring' t'he urgency there`o'f,' to take effeet'immediately, was introduced
by Councilman Perry, seconded by Councilman Hilligoss,�and•aaopted :by 6 affirm -
ative and'l absentee votes.
USE OF "ALCOHOL IN PARKS 'City ,Manager. Robert 'Meyer `stated Councilman Bond had
requested this matter be held until he was' able to
attend the meeting, as-he would like to have some input into the.Ordinance.
He feels very strongly about the regulation of alcohol in parks.. The Council
agreed the matter would be held until Mr. Bond was able to. attend the Council
M'eeting' for this discussion.'
Mr.. Ed Kvalheim, representing - the'Adobe Lions -advised he would not be
able to attend th'e meeting next week. Mr stated the Ad'ob'e Lions
p y y start about 5:00 ` in the
does have a break -fast in the ark' and they usually
morning however, he does not anticipate any problem.with` beginning at 6•:00
a.m. Mr. Kvalheim also advised the Adobe Lions 'Club sponsor an Oc'toberfest
which begins at 11:00 a.m. on a Sunday and continues until about 5:00 or 6::00
p.m. The affair has been held over the past two years, and the; Club has again
voted to hold the event this year. It is. a family affair and a festivity the
community 'supports. The Adobe'Lions serve beer in bottles, primarily because
it is German beer and this is the only way they 'are - able to purchase •it. Mr.
Kvalheim stated''le would like`to'support - the use of alcohol in the parks in
certain circumstances where it would not create a problem.
City Manager °Robert Meyer stated the City Attorney has pointed out,the City
already Has 'an - ordinance adopted which prohibits the use. of alcoholic beverages
in parks and although.it was modified by a resolution in 1974., the City Attorney
has advised it is not legal to repeal or modify an ordinance by resolution.
No action. was taken and the matter was 'deferred until, the June 12,.19:.78 Council
Meeting.'
AUTHORIZE PARTICIPATION The' City is in7 receipt of"a,letter dated May 15,- .1978,
IN STEP' `I SONOMA CO. from Donald 'B;. Head,; Director of Public Wo rks;, 'Sonoma
RECLAMATIONFACIL =ITY County, indicating the' County has accepted the Lead
PIj N Agency responsibility for management and preparation
RES" #8215 'NCS of ' Step I Sonoma County Reclamation Facility Plan.
City Engineer David Young advised this is more com
monly known as the Triple Use Plan, which`the City has been working on for a
number of years for the disposal of treated wastewater. The County has
a Federal /State Grant in the amount of $290•,000 to complete the •study. Mr.
Young advised, in addition to other areas, `there will be a detailed study made
of the.Tolay Valley. The letter from, the County 'requests ^the City' s participa-
tion in the amount of $6,706. Because of Petaluma's previous iihvolveineht in
planning 'for sewage in the south', including. a ' of:Marin.County, Petaluma
has a credit of` approximately $14,000. The State had. g Ven the money to the
Novato. Sanitary istrict and a on com.letiori -the planning with the Marin
y�' P P P'
County Agency, the Novato District will be rebating the money back to
the City of Petaluma.
Mr. Young recommended the Council authorize the expenditure of tM..$6,706.
June 5, 1978
AUTHORIZE PARTICIPATION Councilman Cavanagh asked Hal Wood, a civil engineer
IN STEP I SONOMA CO . from the County's Department of Public Works, if there
RECLAMATION FACILITY had been any trouble- getting permission from the
PLAN property owners in the area to do the study. Mr. Wood
RES #8215 NCS stated the County of Sonoma, for the first time, had
(Continued) to go to the courts in order to gain right of entry
onto the property: Several of the property owners are
opposed to having a.lake in the vicinity. The purpose of the entry, however,
is merely to do a study of the two known-faults in the area and survey for
archaeological sites. The Judge granted the right.of entry; however, there
were certain stipulations placed on the order requiring the team to take
measures to protect the property.
Mr. Wood indicated the Rogers Fault and the Tolay -Fault and the- possibility of
archaeological sites in the area could negate the entire project. This is the
reason the engineers want-to enter' onto the property in order to study the
area to determine if it is feasible to continue.
David Young stated when he was working with the technical committee, he more
or less insisted upon having the preliminary survey made. He felt it would be
senseless to go ahead with another paper study without first determining the
physical evidence of whether a dam could be constructed in the Tolay Valley.
Hal Wood there are approximately 10 parcels involved and three of
the property owners have given permission for entry onto the properties.
These include Lake Land Investors, Tony Azevedo, and Dr. Roche. Mr. Young
stated he didn't know whether the other property owners were unalterably
opposed to the project, but were looking for more information just as the
public agencies are. Mr. Young also stated the Court ordered a $5,000 deposit
be posted if there should be any damage done during the preliminary survey,
such as need for repairing fences, etc.
Resolution #8215 N.C.S. authorizing City participation in the preparation of
the Step I Sonoma County Reclamation Facility Plan'at a cost of $6,706,•was
introduced by Vice- Mayor'Perry, seconded by Councilman Harberson, and adopted
by 5 affirmative, 1 negative,4 and 1 absentee votes. Councilman. Cavanagh voted
"no ", indicating he would prefer to talk to the property owners before casting
a favorable vote.
DRAFT RESIDENTIAL
Community Development and
Services Coordinator Frank
DEVELOPMENT CONTROL
Gray presented
the draft
of the new Residential Devel-
SYSTEM
opment Control
System to
the Council, asked them to
review it,
have their
comments back to him by June
12, in order for the
legislation to be
presented
at the June 19, 1978 Council
Meeting:
Mr. Gray reviewed some of the changes in the document with the Council.
The Council briefly discussed various sections of the proposed Residential
Development Control System, and it was agreed to return the recommendations to
Mr. Gray by June 12. No taken on the matter.
AMEND ZONING ORD. TO
PROVIDE DEDICATION OF
STREET RIGHT -OF -WAY
& PUBLIC IMPROVEMENTS
ORD 41231 NCS
(SECOND READING)
AMEND MUNICIPAL CODE
TO PERMIT ESTABLISH-
MENT OF PUBLIC
IMPROVEMENT BENEFIT
DISTRICTS
ORD #1303 NCS
(SECOND READING)
Ordinance #1231 N.C.S. to amend Zoning Ordinance- #1072
N.C.S. by adding Sections.-2 -31.3 and -2 -314 thereto, to
provide for dedication of necessary street right -of-
way and construction of public improvements as a
condition development approval, with certain ex-
ceptions, was adopted by 4 affirmative, 2 negative,
and 1 absentee votes. Effective date of Ordinance,
July 5, 1978. Councilmen Cavanagh and Hilligoss voted
no
City Attorney Larry Klose- stated the City Engineer had
explained the concept of the Ordinance to the Council
at a previous meeting. The benefit districts could be
set up to meet the needs of major public improvements
at some future date where development would occur.
The ordinance would permit -the establishment of dis-
tricts at some future date. Mr. Klose stated the
fo June 5, 1978
AMEND MUNICIPAL CODE
TO PERMIT ESTABLISH-
MENT OF PUBLIC
IMPROVEMENT BENEFIT
DISTRICTS
ORD 41303 NCS
(SECOND READING)
(Continued)
election on June 6 may affect the City's ability to
act in this fashion after the first of July and
questioned whether the Council would want to consider
the adoption of the ordinance as an emergency measure.
Mr. Klose also stated there are developments imminent
in the area of Rainier Avenue.which could be included
in a benefit district if.the City had the enabling
legislation prepared. The way the enabling ordinance
is prepared would not affect those areas which are
already under construction, but future developments would be required to
contribute to the district.
Councilman Cavanagh questioned whether the ordinance could be adopted as an
emergency measure, since it had been published as a regular ordinance. City
Attorney Larry. Klose advised the ordinance could be introduced and adopted as
an emergency measure. Councilman Harberson indicated since the ordinance
creates an impact fee which he felt was legitimate, he would be in favor of
adopting it as an emergency ordinance. Councilman Cavanagh indicated the
Council was aware two weeks ago, when the ordinance was introduced, that it
would probably have been an emergency measure and the action should have been
taken at that time.
City Manager Robert Meyer stated there is•no legal interpetation of the effects
of the Jarvis -Gann Initiative and by adopting the ordinance as an emergency
measure, the City would be on the safe side.
City Attorney Larry Klose stated this is somewhat of a unique kind of ordi-
nance, but it has never been determined whether this type of tax is basically
a tax or a legitimate user's charge.
Mayor Putnam then called for the vote on the measure as an emergency ordinance.
Ordinance #1303 N.C.S. adding Chapter 13.34 to the Petaluma Municipal Code to
permit the City of Petaluma to establish public improvement benefit districts
for the construction of off -site improvements made necessary by the future
subdivision or other future development of land, was adopted by 5 affirmative,
1 negative, and 1 absentee votes. Councilman Cavanagh voted "no "; the ordi-
nance did not become an emergency measure, and the effective date is July 5,
1978.
ABAG'S ENVIRONMENTAL Mayor Putnam stated she would be voting bn Saturday,
MANAGEMENT PLAN June 10, in San Jose, on the Association of Bay Area
Governments' Environmental Management Plan. She asked
for direction from the Council how to vote on the plan, and stated it has now
received a fair degree of support since it has been amended considerably.
Councilman Hilligoss indicated she still was not satisfied with the Surface
Runoff Management Plan. She also stated she was concerned because the Federal
Government has not made any provisions for land planning. She conceded,
however, the plan is much improved,, but the Surface Runoff Management Plan is
still a problem. Councilman Harberson agreed; he felt there is still a need
for some regional planning and stated he could not support the plan on the
basis of the Surface Runoff Management Plan.
Councilman Balshaw indicated he felt the reason the State and Federal Govern-
ments get into things is because the local districts cannot seem to reach a
compromise agreement among themselves. With element taken out of the
plan, he felt the City could live with it, as it does not force the communities
into a particular type of growth. The 92 separate districts in the plan have
been given the option to determine their own course and other than the
Runoff Management Plan, Mr. Balshaw indicated he would be in favor of the
plan.
Councilman Cavanagh indicated he would be in support of the plan, including
the comments made by other members of the Council. Vice-Mayor Perry stated he
would support the plan, provided financing would be provided for implementation.
ACCEPT COMPLETION
LANDSCAPING IN
PUBLIC RIGHT -OF -WAY
RES #8216 NCS
This item had been removed from the Consent Calendar
at the request of Councilman Harberson, in order for
him to,abstain from..voting because of a possible
conflict of interest.
June 5, 1978
APPROVE OCCUPANCY
PORTION, ALDERWOOD
SUBDIVISION
RES #8218 NCS
Resolution #8218 N.C.S. approving occupancy for a
portion of Alderwood Subdivision (Lots 29, 31, 32, 35,
36 and 38) was introduced by Councilman Harberson,
seconded by Councilman Perry, and adopted by 6 affir-
mative and 1 absentee votes.
ADJOURNMENT There being no further business to come before the
Council, the meeting was adjourned at 10:55 p.m., in
memory of Joel Bond, father of Councilman G. Roland Bond, who had recently
passed away. The Council adjourned to Wednesday, June 7, 1978, at 7:30 p.m.
Mayor
Attest:
W ",
s
CiW Clerk
ACCEPT COMPLETION
Resolution #8216 N.C.S. accepting landscaping and
. LANDSCAPING IN
irrigation system - Park Place Subdivision Unit #1,
PUBLIC RIGHT -OF -WAY
was introduced by Councilman Balshaw, seconded by
RES #8216 NCS
Councilman Hilligoss, and adopted by 5 affirmative and
(Continued)
1 absentee votes. Councilman Harberson abstained from
voting.
MOTION TO ADD
A motion was made by Councilman Harberson, seconded by
ITEM TO AGENDA
Councilman Balshaw, to add the approval of agreement
for preparation of an Environmental Impact Report to
the Agenda. Motion carried unanimously.
APPROVE AGREEMENT WITH
Resolution #8217 N.C..S. approving agreement for prep -
DONALD A. COTTON ASSOC.
aration and submission of Environmental Impact Report
E.I.R. FOR HIDDEN
for proposed' Hidden Valley Subdivision, at the end of
VALLEY SUBDIVISION
"B" Street and Hayes Lane, was introduced by Vice -.
RES #8217 NCS
Mayor Perry, seconded by Councilman Hilligoss, and
adopted by 6 affirmative and 1 absentee votes.
APPROVE OCCUPANCY
PORTION, ALDERWOOD
SUBDIVISION
RES #8218 NCS
Resolution #8218 N.C.S. approving occupancy for a
portion of Alderwood Subdivision (Lots 29, 31, 32, 35,
36 and 38) was introduced by Councilman Harberson,
seconded by Councilman Perry, and adopted by 6 affir-
mative and 1 absentee votes.
ADJOURNMENT There being no further business to come before the
Council, the meeting was adjourned at 10:55 p.m., in
memory of Joel Bond, father of Councilman G. Roland Bond, who had recently
passed away. The Council adjourned to Wednesday, June 7, 1978, at 7:30 p.m.
Mayor
Attest:
W ",
s
CiW Clerk