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HomeMy WebLinkAboutCity Council Minutes 05/16/1977iii MINUTES OF MEETING' OF CITY COUNCIL PETALUMA, CALIFORNIA MAY 16, 1917 REGULAR MEETING The regular meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at the hour of 7:10 p.m. ROLL CALL Present: Councilmen Brunner *,, Harberson, Hilligoss *, Mattei, Perry, and Mayor Putnam. Absent: Councilman Cavanagh. *Councilman Brunner arrived at 7:40 p.m. *Councilman H=illigoss was excused from the meeting at 10:40 p.m. PLEDGE_ OF ALLEGIANCE Mayor Helen Putnam led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of April 25, 1977, were approved as cor- rected. PRESENTATION BY Ms. Janie Warman introduced Mr. Govan, a student at DENNIS P GOVAN California Polytechnic State University, Sari Luis GOLDEN CONCOURSE Obispo. Ms. Warman explained Mr. Govan, along with PEDESTRIAN WALKWAY students Gary DeWolf and Christopher Gilman, had AND WATER STREET prepared a paper which suggested three conceptual plans IMPROVEMENT for the redevelopment of Water 'Street, utilizing the Golden Concourse. Mr. Govan stated that four years ago he attended a Petaluma Planning Commission Meeting which was concerned with the beautification of Water Street. It was from this meeting he decided, along with his teammates, to prepare his senior project on the Petaluma Golden Concourse Pedestrian Walkway and Water Street Redevelopment. Mr. Govan gave a slide presentation showing the area along Water Street and the present buildings. In addition, Mr. Govan had a visual presentation prepared for three proposed solutions or conceptual designs for the development of Water Street and the Golden Concourse. De "sign No:. 1, Waterfront Redevelopment, would provide for play areas, a wooden walkway along the Golden Concourse between Western Auto and Century.21 Real Estate, a 'trellised sales area along'the wharf, as well as a small children's outdoor theater. The termination of the development would be at Washington Street where the plan shows a fountain. Design No. 2 concerns itself with historical redevelopment but would also use the Golden Concourse as a focal point with a pedestrian bridge terminating at the Golden Eagle Shopping Center. The' conceptual idea is to place a historical display in the area of the 'Golden Concourse which presently is a small parking lot. A play area would also be provided and a cobblestone area installed. Mr. Govan felt the City's heritage :could be preserved in the historical' display to include items from the City's past; including incubators used by the poultry industry and perhaps other mill -type machinery. Design-No. 3, the most expensive of the three conceptual ideas, would provide an aerial walkway between.a two- or three - storied parking structure at the Keller Street Parking Lot which would link the parking lot to.each section of the Central Business District, as well as cross over the river to the Golden Eagle Shopping Center. Mr. Govan indicated the least expensive approach would be Design No. 1. Design No. 2 could be phased in various stages; however, Design No. 3 would require. capital for structural- construction. At the conclusion of Mr. Govan's. resentation, there was some discussion held by the Council regarding the number= of parking spaces each design would elimi- nate from the present downtown parking patterns. Janie Warman suggested the plans be referred to the Community Development Commission for discussion. City May 16, 1977 PRESENTATION BY Manager Robert.Meyer also suggested. the Downtown Merchants' DENNIS P. GOVAN,- Association and the Dowrnt:own Improvement 'Committee, may GOLDEN CONCOURSE be interested in reviewing the plan. PEDESTRIAi1 WALKWAY Mayor Putnam thanked Mr. Govan for his AND WATER STREET y presentation and IMPROVEMENT asked how many hours the team had devoted to the project. Mr. Govan stated they had worked closely with their (Continued) advisor., Mr. Steven Hahn, and the three students devoted between 300 and 400 hours of work,,over 'two quarters of school time. INVOCATION The R'everend.G,. Roland Bond, Petaluma Christian Church, gave the Invocation. CONSENT CALENDAR The motion was 'made by Councilman Matte , seconded Councilman Brunner, to file the ABC applications, 'Items #1. and #2, and' adopt Resolutions #3, X64, and, #5 on the Consent Calendar. Motion carried unanimously. Agenda Item #1 ABC application, Cafe Public, 201 East Washington ABC APPLICATION=- Street, on sale beer and wine eating= place, original; CAFE PUBLIC, 201 Shing Nang Tam and Lily T. Wong, was ordered filed. J E. WASHINGTON ST. Agenda Item . #2 ABC application, 7- Eleven Food Store 124 Petaluma. - ABC APPLICATION- Boulevard South, off sale beer-and wine, person -to- 7- ELEVEN FOOD STORE,, person transfer.,; Southland Corporation to Barbara J C 124 PETALUMA and John D Milliken, was ordered filed. ` .BOULEVARD SOUTH Agenda Item ; #3_ Resolution #7658 N X.S. accepting completion of public ACCEPT COMPLETION -- improvements.,, 7- Eleven Store, Petaluma - Boulevard South PUBLIC IMPROVEMENTS and "D" Street, was adopted. YJ 7- ELEVEN STORE, PETALUMA BLVD. SO. RES #7658A NCS . Agenda Item #4 Resolution #7659 N.C..S. consenting+ to the appointment APPOINT P. LAWRENCE of P. Lawrence Klose,,.as General Counsel for the Petaluma KLOSE GENERAL Community Development Commission was adopted. tQ COUNSEL-- PETALUMA COMMUNITY. DEVELOP - MENT COMMISSION_ RES #7659ANCS Agenda I 'em_#5 Resolution #7660.N.C.S. accepting completion of public ACCEPT COMPLETION improvements,, George Keller., 712'Park -was 'adopted. PUBLIC IMPROVEMENTS GEORGE' 'KELLER, 712 \ PARK LANE . 0 6 (0 RES.#766OANCS. LETTERS :REGARDING A letter dated April 29, 1977,. directed to the Mayor DEANNEXATION FROM and the City Council by the Petaluma Chapter= of the PETALUMA HOSPITAL Sonoma County Taxpayers' Association, waa read by the DISTRICT_ City Clerk and ordered'f:iled. A letter dated May 6, 1977, directed to' the Mayor and City Council by C. E. Cowen, Administrator,, Hllcrest Hospital-, 'was read by the City Clerk and ordered filed. Letter dated May 11, 19':77, directed to the Mayor and City Council from Franklin J Burns, 'Treasurer, Boar:d'of: Directors, Petaluma Hospital District, was read by the City Clerk', and ordered filed. Mayor Putnam asked for comments from a representative from the Sonoma County Taxpayers' Association. Mr. Philip Joerger spoke on.behal'f of the Petaluma Chapter, �Sonoma County Taxpayers" Association. He wanted to clarify that the letter was written, on behalf of the - Petaluma Chapter of the Sonoma County Taxpayers' Association and not the entire Association. He also asked if a letter directed-to the Hospital Board of Directors, dated April `18„ had been publicly read at a City Council meeting. Mr. Joerger was advised the letter had been 'made a matter of record. May 16, 1977 LETTERS REGARDING Mayor Putnam -ndica.t'ed, she would permit one spokesman DEANNEXAT.ION FROM f:rom:.the Sonoma County•'Taxpayers' Association to ad- PETALUMA HOSPITAL dress the Council with one spokesman from the Petaluma DISTRICT Hospital District,,, a rebuttal by the Taxpayers' Asso- (Continued) ciation,'P'etaluma Chapter, and an additional rebuttal by the Petaluma Hospital District. Mr. Joerger indi- cated he would like, to reserve his prepared statement_ until after ',Mr... Cowen, Administrator-of the Hospital, had spoken. Before anyone was heard on-the matter, Councilman Mattei questioned the City Attorney whether or not the matter of deannexation from the Hospital District was a proper matter for the City Council to be considering. Mr. Klose indicated he had not read the Hospital,District's Act and is not certain what procedure it would take for deannexation. .The City Council can take a position on the matter but would not insti deannexation. Such an action would be taken by the Board of Supervisors, as the District is a County District and the City may not have the right to .dissolve it. Mayor Putnam then asked f or,a spokesperson from the Hospital District. There were none. Mr. Joerger then read his prepared statement, indicating he was speaking for the Board of Directors of the Petaluma.Chapter of the Sonoma County Taxpayers' Association. Mr. Joerger: advised their Chapter supports proper hospital care for all,residents within the hospital taxing district. They feel their organization has taken into account the best interests of all concerned. He admonished the Petaluma Hospital District for purchasing the Petaluma General Hospital for $173,000, when they acquired neither the land nor the building,, but only the number of beds to be included in a new hospital. The Association feels this purchase prematurely eliminated a respected hospital which could have still been providing 30 needed beds in the community. Mr. Joerger further indicated that public sentiment is running high against the proposed hospital on North McDowell Boulevard. He urged the City Council to use the alternatives possible to them to permit the electorate to make a choice. The Cities of Rohnert Park and Cotati have withdrawn from the Hospital District, and he urged the Council to give the voters of Petaluma the right to vote for deannexation. At the conclusion of Mr. Joerger's presentation, Mayor`Putnam again asked for comments from the Petaluma Hospital District, or any others who would want to speak regarding the matter. No comments were given. Some discussion was field on the r=ole the City Council would play in any ini- tiative procedure or petitions for the deannexation process. City Attorney Larry Klose indicated the matter should be referred to the County Counsel or to the Attorney for the District, Mr. Klose indicated he could research the matter and have a written report ready for the Council at the next meeting, which would include the initiative rights of the voters and an outline of what action the Council could take. PREZONE SOUTHEAST CORNER - -OLD REDWOOD HIGHWAY & NORTH McDOWELL BLVD. (SANDERSON) ORD #1241 NCS (SECOND READING) J Planning Commission Resolution No. Z3 -77, adopted April F�5 19, 1977 7 4 ., submitted and filed;'excerpts of the Planning Q Commission Meeting of April.19, 1977, submitted and filed; staff report presented to the Planning Commission by the Planning Department regarding the subject pre - zoning, submitted and filed;, notice of public hearing had.been published by the City Clerk as required by law. Planning Director Ronald Hall advised the request is by Aubrey W. Sanderson to p,rezone the southeast corner of Old Redwood Highway and North McDowell Blvd. Mr. Sanderson is currently undergoing a series of transactions and procedures with the'City and the County, one being the prezoningthe Council is considering at this meeting to change the area from Count,y'M -1 to City M -L. The subject property would be annexed to the City as an industrial area. The project is also subject to site design.review for a portion of.the property to accommodate the Triple "S" Tire Company. In addition, there is under consideration a lot split to accommodate the Triple "S" Tire Company, and- at a later time a portion of the property would be transferred to the service station owner in the vici- nity. After all,of these transactions are completed, there will be annexation of the entire parcel of property which comprises `approximately 20 acres. May 16, 1977 PREZONE SOUTHEAST CORNER - -OLD' REDWO,OD' HIGHWAY & NORTH McDOWELL BLVD.. (SANDERSON), ORD '#lAl NCS (SECOND READING) (Continued). The Planning staff recommended, that all three parcels be included in the prezoning. The Planning Commission has .recommended approval of the pr-ezoning to the Ci Council. Mayor Putnam asked Mr. Hall to identify the;parcels shown on the wiewfoil,. He- indicated the parcel for the Triple "S" is A.P. #137- 01`0 -38:. The smaller parcel to accommodate the service :station is A.P. #04.7- 213 - 19', and the balance of the property is A.,.P1. #047- 213 -18. One ownership combines the two larger parcels and the other ownership is under the jurisdiction of the Gulf Oil Company. Mayor Putnam opened the public hearing. No comments were :received from the audience,,.none had been received by the City Clerk,' and the•.public hearing was declared closed. Ordinance #1241 N.C.S. amending Zoning Ordinance #1072 N. -G.,S. by p,rezon ng A.P. #047 213 -18, A.P. #047 213 - 19, and A.P. X6137 010 - 38, located at ;the southeast corner of Old Redwood Highway and ;North Mc Boulevard from M -1 to City M=L (Light Industrial) (S'anderson), was adopted by 6 ;affirmative and l absentee votes. Effective date Of ordinance, June 15 1977. ER E ACTION-- Planning Commission Resolution No. Z4 -77, adopted. April DEFER JONAS 19, 1977, submitted and filed; excerpts of the Planning l� PROPERTY Commission Minutes of April 19, 1977, submitted and Y g P h 1977, ORD X61.242 NCS fi led; Plannin staff report dated 'Marc: 31,, . directed to the Planning Comm ssion submitted and filed;; the. notice of the public hearing had-'b'een ,pub- lished by the City Clerk as required bylaw. .Planning Director Ronald..-Hall advised the request is by Dr'. Lawrence Jonas to pre-zone property located at the corner of " -I" Street and Sunnyslope Road to R- I- 10,000. The site is vacant and contains no structures. It is bounded by Westridge Subdivision to the south and a. small park to the-west and east.. Thompson Creek runs along the eastern boundary of the property. By•means of the viewfoil, Mr. Hall indicated.the location of Thompson Creek. Although it is not being considered at this stage, the location of 'the creek becomes im- portant at later stages of development. The Sonoma County Water Agency has indicated the creek is .inadequate f;or drainage conditions.. The Water Agency is preparing a design for storm drainage of the creek. Dr,. Jonas, in discussing the property with the Sonoma County Water Agency, was advised if the lots were to be one -acre minimum and this was the ultimate development, there would be no problems` with,the site plan in relation to Thompson Creek'. Mr. Hall 'indicated -, at the Planning Commission Meeting, only one person spoke Mrs., Helen King. Her comment was that she would request no commercial `development be, permitted on the subject property. Mrs. King also indicated a desire to have the road shown on the Sonoma County Master Plan.from Sunnyslope,Road to Siannyslope Avenue completed.. Mr. Hall indicated the potential density will be no less than one dwelln unit g per 10,000 square feet, and the maximum density will be determined at the time of the tentative map stage. The Planning Commission recommended approval of the project.. Mayor Putnam then asked, for questions, and City Manager Robert Meyer - advised 'he had just learned from Dr. Jonas, that he,does not legally own the property at this time. Dr. Jonas ;stated the . property is owned by the Elk's Club.. He has an option on it, but is waiting for a vote of the general membership to give, their permis- sion to sell- He had assumed this had already taken place, but the votes have not yet been returned,. In view of this technicality, Mayor Putnam suggested the Public Hearing be continued until June 6, 1977. May 16, 1977 REZONE PORTION OF Prior to the staff PARK PLACE SUBDIVISION proposed rezoning,, TO PUD-- HILLCREST City Council dated HOSPITAL AND ANCILLARY Qantas Development FACILITIES Clerk and ordered ORD 41243 NCS report and the public hearing on the a letter directed to the Petaluma 66a May 10, 1977, by Jon D. Joslyn, / 8'" Corporation, was read by the City (� Q Elect (SECOND READING) The letter asked that the Council take no action `on the. general development plan modification until Qantas Development Corporation's understanding of the traffic situation has been verified. City Manager Robert Meyer advised the Council had already taken action on May 9,1977, to modify the General Development Plan. The matter before the Council at this meeting is the PUD rezoning for the hospital site. City Attorney Larry Klose concurred with Mr. Meyer's statement and said he did not feel the Council could impose conditions on a rezoning. Mayor Putnam asked Mr. Joslyn if he wished to speak on the matter.. 'Mr. Joslyn indicated when the letter was written, he was not aware the action had a- lready been taken; how- ever, he would like to clarify and have a tacit understanding from the City that when the traffic situation warranted -it, their application would be the first one to be considered for approval. He felt their corporation was not in a position to determine when the traffic situation would warrant the submission of an application and asked that they be notified. Councilman Harberson referred to Paragraph 4 in Mr. Joslyn's letter. It indi- cated the. PCD for Park Place'Development to include single - family and multi - family homes had been approved long before the hospital was even considered for the location and felt the Council should honor this commitment regardless of whether there is a change in the traffic pattern. He felt the Council should.:not alter their intent to permit the residential development to move " along. City Attorney Larry Klose suggested Mr. Joslyn write a letter to the Planning Department requesting to be kept advised of any future developments in the area which may affect Qantas' application for the medical and professional office proposal. City Manager Robert Meyer stated the City has actually approved, through the allocation process.,, •200 single - family dwelling units for Park Place Subdivision and 200 multi - family units. Phase land Phase II have been changed around, but neither of these areas are located on the proposed hospital site. Councilman Harberson also stated the ADT included in the report for the whole Planned Community Development for Park Place would be reduced somewhat by the construc- tion of the hospital. Mr. Joslyn indicated the only remaining area where he'ne'eded clarification was whether or not the Council would instruct the Planning Department to accept an application. Such an. application would have no action taken on it until the traffic situation warranted It =. City Attorney Larry Klose advised.there are time lines in the Zoning Ordinance, and would be a very difficult thing to hold an application in limbo. The developer would have to keep track of it. Mr. Klose advised Mr. Joslyn to keep in close touch with the Planning Depart - ment to determine what the traffic developments are in the area. At the conclusion of the discussion, Mr. Joslyn was advised -it would be impos- sible for the Planning Department to accept his application and then process it when the traffic would war -rant it; therefore, he would have to keep in touch and submit the application at.the proper time. City Manager Robert Meyer indicated the matter should be opened up to a public hearing, and Mr. Joslyn asked if it would be possible for the Council to adjourn to a recess for a few minutes until he had a. chance to confer with his associates. RECESS The meeting was recessed at 8 p.m., and reconvened at 9:00 p.m. At the conclusion of the recess,, Mayor Putnam asked Mr. Joslyn if they had reached a conclusion. Mr. Joslyn indicated they would,ask that the Council consider only the rezoning for the hospital, and they would be back sometime in the future for the hoped-for spaces. Planning Director Ronald Hall gave a brief staff report. He indicated there were no additional comments to those heard by the Council at prior meetings. The rezoning is the last action the. Hospital would have to go through. The Planning Commission had taken action to rezone the '15 acres from PCD to PUD for the Hospital site. May 16, 1977 REZONE PORTION OF- Mayor Putnam then opened the public hearing.. The.only PARK PLACE SUBDIVISION person to address the Council was Mr. C. G1_enn Head TO PUD- HILLCRES.T Mr. Head indicated he opposed to the rezoning for' HOSPITAL & ANCILLARY the 'hospital.. He felt it would create a heavy ;traffic FACILITIES problem which could af'f -ect the industrial development ORD X0,243 NC_S which is now beginning t'o move into,the Petaluma Indus - (SECOND READING) trial Park area on North McDowell Blvd. Mr. Head (Continued) indicated he would like to see a hospital:on the, eastern side of the community but did not feel McDowell Blvd. .was the appropriate site. . There were no further comments from the audience, no other comnunicat ions 'had been received by the City Clerk,, and the public hearing was declared closed. Ordinance #1243 N.C.S. amending Zoning Ordinance #1071 N.C.S. to rezone a portion ;ofi' Par,k Place Subdivision to PUD (P,lanned Unit District) to accommodate . the proposed Hllcrest Hospital and Ancillary Facilities was adopted by 4. affirmative, 2 riegative, and 1 absentee votes Councilmen Brunner and Perry voted "nu ". Effective date of ordinance, June 15, 1977. CITY MANAGER.'S'REPORTS CLAIMS & BILLS: Resolution #7661 N.C.S. approving, claims.and bills r.= RES Q- 6618NCS #2155 to #2218, inclusive, General City;` and, #394 to #409 inclusive, Water, approved for payment by the City Manager,, was introduced by Councilman Perry, seconded.`by Councilman Brunner, and adopted by 6.affir- mative and 1 absentee votes. WATER EMERGENCY City Manager Robert'Me'yer advised a resol:ution..had been STATUS REPORT received from the Sonoma County Board o Sup,ervis:ors commending the cities within the County .and the North Marin County Water District for their conservative use of water. The citizens of Petaluma had .,been. able to reach 58:.6 percent cutback during the'las,t week over the same period last year. WELLS Mr. Meyer- reported on the prog =ress 'on the wells, stating the :Stony Point Well appears to be producing approxi- mately 700,000.gallons per day. The other two wells about which. he spoke were the Sola Well and the Casa de Arroyo Well, which may produce possibly 200,000 gallons on one and 350,000 gallons 'on the other., All. of the wells remain to be tested and the figures given are tentative 'ones. 'The 'water situation appears to be improving for the. citizens,oT Petaluma, and Mr. Meyer urged people to continue hand wagering their lawns and ,indicated it may not be necessary to drastically curtail water even on August 1. Mr. ;Meyer advised:he had no report on the County wells or the two wells" in Rohnert Park. The wells which are in progress belon& to developers, i.e.,. Co.idiotti, Park Place Subdivision, Williams and Aguirre,, and the Atkinson Wells. LIBRARY PARKING City Manager :Robert Meyer referred to a letter he had received May 3, from Beverly C. Wilson„ Secretary- Mane g Sonoma -Marin Fair,, regarding the City's v request a pave land adjacent to Fairgrounds D provide parking plans to q P Y P J g P for library patrons. The City Engineer could have the fans and specifications ready to submit to the State by October. Mr. Meyer pointed out the Fair Board has stipulat "ed in the letter that the Association would require the full use of the parking lot on fair dates and any other major events which would require paid parking,. The letter points out this would probably never be more than three times in any one year. As it would "require a considerable amount of staff time to prepare the specifications, Mr. Meyer asked the Council if the staff should proceed In the following discussion, it was brought out the lot would encompass approxi mately one acre of land and would provide parking for 100 vehicles. The City May 16, 1977 LIBRARY PARKING Engineer advised he would design the lot to keep the (Continued) parking away from the trees presently located on the - property.' The size of the, ldt is determined by the available fund's. I't was Mr,. Young's understanding there is approximately $6.0,000 available f`or the,project,. Councilman H lligoss stated it was her understanding when the library -was built, the Council had agreed to phase in the parking for the library. This amount of money is left over from the construction of the library, and it was her feeling this is where the money must be spent. Some discussion was also: held regarding whether the lot would eventually turn into a parking area for commuters. Mr. Young suggested if it is intended to be used for the library purposes, .perhaps-a four -hour parking limit would be the solution. At the conclusion of the discussion it was. the consensus of the Council to have the City Engineer proceed with the plans and specifications in order for them to be submitted to the State of California. Mr. Young indicated the procedure would be similar to when the water mains were built in the Fair- grounds, the State would provide the contractual agreement and would want to review the plans and specif=ications;. DISCUSSION RE PARKING City Manager Robert Meyer stated when the Council had O ALONG LAKEVILLE HWY. considered the rezoning for the Gaffey Project at 1010 Lakeville Street on April. 18, 1977, the question of parking along Lakeville Highway had been discussed. At that time.it was determined a letter should be written to the State relating to the problems of parking along Highway 116. He-was asking the Council for clarification as to the distance to ask the State to 'remove parking. It was unclear whether they meant just along the Gaffey property and the interchange to the freeway, or, completely out to Casa Grande Road.. The Council had dis- cussed the matter several years.ago; 'however, they determined they did not want to remove parking until alternate parking spaces were available for commuters. It was suggested the matter be referred to the Traf -fic Committee for a recom- mendation. Councilman Ma•ttei also ques- tioned what had happened to the proposal to use Perry Lane for commuter parking as an alternate place before banning commuter parking along Lakeville Street -. In response to the questions, City Engineer David Young advised any time a problem is referred to the Traffic Committee, they will be looking at it in terms of safety. In this particular instance, _peop e are parking along Route 116 near the on and off ramps to the freeway. The travelling public would be better off if the parking was not permitted. The second aspect of the problem is the question whether; or,, not it is the City's•function to provide parking lots for-commuters. If it is-the City's responsibility, then would be the question of funding such a• project. Mr. Young stated there are any number of locations where parking could be provided. With relation to the Perry Lane site, Mr. Young advised there are abutting property owners' rights to be con - sidered. Perry Lane will also be the access road to the proposed Baywood Shopping Center. Mr. Young also 'stated any time there is a location within walking distance to the Golden Gate Bus Line, commuters'are going to park. The City does not know for sure where these vehicles originate but probably from outside the City limits. City Manager Robert Meyer stated the Street Superintendent at one time had gone out and cleared the area near Perry Lane of grass and rubble in order for cars to park there, rather than along the highway; however, they were unable to attsac't any of the commuter parking to the area. Vice -Mayor Brunner suggested if there is a real problem in the area, parking should banned. He ques- tioned whether or not it should be clear out to Casa Grande Road; but in the vicinity of the interchange where there have been some serious accidents, a restriction should.be•placed on parking in.this area City Engineer David Young advised this particular area is under the jurisdiction of the State of California. The City hasn't had any recent indication from the State that they wanted to prohibit parking in the area. At one time they did request parking be banned; however, they determined to 'widen 'the shoulders on Highway 116. The plan has not been implemented as of this date. Councilman Harberson commented the shoulder area along this highway down to Casa Grande Road is wider Hari• most State highways, and people have a legiti- mate reason for parking there; however, if is a safety factor, then he felt the City should ask the State to ban parking. May 16, 1977 DISCUSSION RE PARKING Mr. Young stated, operationally, the City hasn't had ALONG LAKEVILLE HWY.. any problems, and unless the Petaluma Police Department (Continued) has brought the matter to the Council's..attenton, there has : not been a request from CALTRANS to ban parking., Councilman Hilligoss indicated at, one time the Planning Commission asked to have parking removed from under the freeway,, as it created a dangerous situation. She also felt with the advent of new busi- nesses in the area, the hazardous condition has been compounded Mayor Putnam suggested some research be done with the Petaluma Police Depart- ment, as well as other Police jurisdictions to determine the accident ratio and felt this information should. `be documented.. If the investigation determines there have been a..number of accidents staff was.reques,ted.to write to the State Department of 'Transportaton requesting a study be made. Staff was also asked to advise CALTRANS the City has eliminated all parking on betxi wee_';'D" Street and. the Caulfield Overcro "ssing. Mr.. Young advised although .it has been quite some time since CALTRANS stated they were going to widen the shoulders. along Highway 116, and no work has been done. to'date, approximately six weeks ago he had a communication from the State asking if the widening project would interfere with any-of the City's underground utilities in the area. -I`t would appear therefore, they plan to proceed with,the project. BUDGET 'STUDY SESSION City Manager Robert Meyer reminded the Council the ,last session to study the 1977 - =78 fiscal year budget would' be held Thursday, May 19,, 1977, at'9:00 a.m. He asked the Council to bring along their.listing of the capital projects. FAIR PARADE Mr.. Meyer advised the Director of the Fair Parade, Jack Shaw; has requested the Council to advise which type of vehicle.they preferred -to ride in. The parade will be held June 26, and the Council was asked to respond to the Rancho Riders, the sponsors of the Parade,. LEGISLATION AFFECTING Assistant City Manager David Br"eninger advised Council - CITIES man Cavanagh is attending the Legislative Conference in Sacramento;. however, he did leave !some notes for, Mr. Brening -er to bring to Council's attention.regarding Legislation Affecting Cities. SB 154 This bill'is called the Petris Bill for property tax relief. The.Council requested more information before supporting•o.r opposing the bill. AB 1265 The bill would repeal "Moscone Act" and permit city councils to appoint officers and employees ;in Executive Sessions. The Council supported this measure.. / AB °;18'15 Agency Workshop would require all employees to pay fee 0 (? - - to a labor organization in order to keep Lheir jobs. Council opposed the bill. (� AB 1533 (Knox) The bill is known as the Municipal- Organization Act and would change the law to. coincide with the District Reorganization " Reorganization Act for annexations. Council supported the measure. SB 844 The bill would provide distribution of fees to local TRUCK WE =IGHT FEES agencies on a phased program over a three -year period. Tf the bill is adopted the revenues;, approximately $55,000,000 annually, would be shared by both the State May 16, 1977 SB 844 and local government'. At the present time, local TRUCK WEIGHT FEES governments do not share.; n 'fees paid by the trucking industry for street' and road' construction and mainte.- nance purposes: Councilman.Mattei indicated he would be in favor of the sharing'by local agencies; however, he felt an increase in -fees would, only cause increased . costs for the consumer. Councilman Brunner suggested until the had more information, they take no stand on, this matter and wait' until it is determined what action is going to be taken on SB 154. ACA 48 (KEYSOR) This constitutional amendment, if passed, would give V the Legislature authority to establish the dates for .all elections, including those in charter cities. It was pointed out.this would be one more function which "local agencies would lose to the State if the amendment was adopted,. The City now would have the ability by a vote of the electorate to change the date'to coincide with general law cities if it so desired. Councilman Hilligoss suggested the Council oppose the matter and the Council concurred. MAYORS' & COUNCILMEN'S Mayor Putnam reported she had attended the opening LEGISLATIVE CONFERENCE session of the Mayors' and Councilmen's Legislative Conference sponsored by the League of California Cities in Sacr- amento, which opened at 2:00 p.m. this after- noon. The attendance was from between 360 to 400 people. The main speakers for the afternoon were A. Alan Post who is retiring as Legislative Analyst, and Bud-Carpenter who will once again be serving on labor relations for cities. The other two speakers were former Governer Pat Brown, and State Senator Dennis Carpenter. Mayor Putnam advised the session on Tuesday consists of workshops which will.place heavy emphasis on tax reform. DEDICATION- .- ROHNERT Councilman Hlligoss reported she and Councilmen Perry PARK'S WASTEWATER and Cavanagh had attended the dedication ceremonies for FACILITIES the'Rohnert Park Wastewater Collection Facilities. Councilman Perry added the Rohnert Park Chamber of Commerce took a very active part in promoting the program, and Petaluma was the only City, other than Rohnert Park, represented at the dedication. APPROVE TENTATIVE Planning :commission Resolution No. 9 -77, adopted May 3,F716 SUBDIVISION MAP 1977, submitted and filed; ,excerpts of the Planning / / MIWOK MANOR Commission Minutes of May 3, 1977, submitted and filed; RES #7662ANCS staff report from-the Planning Department to the Plan - ning Commission dated. April 29, 1977, submitted and filed; exhibits to Resolution #1662 include:the tentative map, the conditions of the tentative map, and the exceptions to the Subdivision Ordinance. Planning Director, Ronald Hall reviewed the staff 'report of April 29, 1977, outlining the background of the proposed 103- unit.single- family residential subdivision. The applicants are Walt Williams and 'Ray Aguirre, who had been allotted 110 units for development September 20, 1976. The property was pre - zoned to R -1 -6,500 on January 3, 1977, and annexed into the City on February 21, 1977. The parcel.c'ontained 22.19 acres. The property is located on Ely:-Blvd. North, adjacent to Bernard:Eldredge School. The subdivision now will have 103 units, instead of the proposed 110, because of the dedication of a 33 =foot strip of land to Bernard Eldredge School. This dedication.required removing a tier of six lots. Mr. Hall stated because of..the -lot configuration there is a reason for asking for exceptions to the Subdivision Ordinance. An additional reason for asking for an exception is due to the fact there is a P.G.& E. right -of -way on the property very close to the rear of the property on Monroe Avenue. This could cause. problems wi,th.resid'ents. building fences. Conditions-required by the reviewing agencies have been incorporated into the tentative map. The Planning Commission had addressed' the matter of traffic, and it was determined Ely Blvd.. could have:a direct connection with Caulfield by way of Maria Drive, as well as direct access to the Denman Interchange. The Planning Commission recommends approval of t °heJt map, subject to the conditions of the City Engineer's letter. The Engineer recommends if the developer can obtain the right -of -way for an off -site improvement, that the subdivision be connected with Monroe Street as it would provide pedestrian footpaths to the school district, as well as vehicular traffic to Maria Drive. May 16, 1977 APPROVE TENTATIVE The modification or exceptions to the Subdivision . SUBDIVISION MAP Ordinance would be to allow for 98 and: - 99 foot depth MIWOK MANOR lots instead of 100 feet for Lots 57 through 70. The RES #7662 NC:S staff report indicates,. although the 'lot depth would be (Continued) slightly substandard, lot areas would be more than adequate.. The additional.-req'uest for an exception was for a 20 -fo,ot instead of a 25-foot front yard "setback for Lots 93,, ;94, 80 and 92. This request. is necessitated because, of the 2.0- foot wide P. .'G.& E,. easement which runs through,the rear of these lots.. The Department of Housing and Urban Development has.indic'ated no building should take place within 10 feet of these easement lines. fAt the conclusion of the staff report, Councilman Mattei called attention to the fact.'that Item 6 under the Tentative Map Conditions evidently had a cleri- cal error where it called for a 6 -foot high masonry wall along East Washington Street. Planning :Director Ronald:Hall indicated it should be along North Ely Blvd. Councilman'Mattei also questoned,the advisability of providing a. way through the property to the 'Bernard Eldredge School in view of the problems the City has encountered with pathways'to schools. City Manager Roliert Meyer indicated the'are'a is 'stipulated for the well site, and perhaps it.should rem'ain:in that category., If, at some future date, there is enough'p.ressure from residents in the area to open it up to the school, this could be done. Councilman Ma(ttei expressed some.concern.regarding whos.e.responsibility, it, would be for the upkeep .of the lot:: Mr. Meyer suggested. the lot just be. left . as a vacant piece of land.. If children,wanted to play on the vacant lot, it would be available for them.' City Manager Robert Meyer asked Mr. Walt Williams to give a history on.the dedication of the 30 -foot strip.of'land to the Bernard Eld'redge!School. Mr. Williams reported, the school had blacktopped "the land in error approximately seven or eight years ago. When they measured the distance, they.started from the curb line, rather than from the center of the street. Mr. Williams stated rather than go - through lengthy negotiations, they felt it was best to dedicate the land. to' the school. He also stated they had 'tred to purchase the land to extend Monroe :Street ''; however, they have been unable to buy it: The discussion then centered around Lot 6, the vacant lot which will house.the well s,ite:. Mr. Williams indicated the amount of land required by the City is .50 feet by 5.0 f,.eet, and this would be located at the rear- of the property, as it would•be necessary to keep it a certain distance from any sewer line.. Discussion 'then centered , around the fencing for Lot. A. Mr. Williams advised one of the conditions is to build ,a masonry'block.fence on the •sides bordering the homes, i.e., the north and south sides, as well as a masonry fence between, the school property and the subdivision., It was questioned whether or not a wooden :fence on, the north and south sides would not be sufficient in view of the f'act:a solid fence will be constr:ucted•at t_he rear of the property line. It was determined the school or the tes,idents of the subdivision may at some future time request a pathway be built for students and a masonry fence .would afford.grea.ter protection to the two bordering homes. At the conclusion of the discussion, Resolution #7662 N.C:.S. approving the tentative;subdivison map of Miwok Manor (Williams and Aguirre) was introduced by Councilman Mattei, seconded by Councilman Brunner, and adopted by.7.affirmatve votes. DISCUSSION RE REFUND A letter directed to the -Mayor and 1menbe.rs of the City OF PERMIT TEES- Council by City Attorney P. Lawrence Klose regarding 1t, LEON BOHLING the request of Leon Boh'ling, 11 Rocca Drive, for a . refund of permit fees, was discussed' by the City Coun- cil. Mr.. Klose.advis;ed a refund of permit frees may be an improper gift of public funds;. He did suggest, however the only possibility wo.uld-be to est`abl'ish some type of uniform policy for aiding persons ill this type of situation which could be applied to all persons similarly situated. If there was a general problem. of 'this nature, it could be explored further. Mayor Putnam asked the City Attorney to so advise Mr. Bohling. Councilman Mattel indicated, in this particular case and since Mr. Bohling had moved.the house and gone along with the City on meeting regula.tions,, hoped further research 'would, ,permit isolation of this particular case and permit some reliefs. Mr. Klose indicated, he would look into the matter; however, his re- search into the files indicates there was no responsibility in the matter on the part of the City. 1 .5 May 16, 1977 MOTI.ON TO ADD ITEM A motion was ; made by Councilman Harberson, seconded by TO AGENDA Councilman- Perry,, to.add an item to the agenda request= ed by City Attorney l arty Klose. Motion carried unanimously. AUTHORIZE PARTICI- City Attorney Larry Klose advised the matter had been PATION -- AMICUS CURIAE brought to his attention at the City Attorneys' Spring F�6.6 41L FRIEDMAN V. CITY OF Conference of the League of California Cities. The FAIRFAX City of Fairfax has recently lost a lawsuit with a local property owner. The plaintiff in the case alleged, since the City of Fairfax had zoned the property as it had been previously used, it was down - zoning the property, and the City of Fairfax should pay the property owner $1,000,000 for that continuing use. The League of California Cities has solicited for a friend of the court brief to support the position of the City. The decision, if permitted to stand, could cause a liability burden on all of the cities in the State of California. Mr. Klose recommended the City of Petaluma lend their support in the form of Amicus Curiae Brief. No staff time or 'funds are required. Resolution #7663 N.C.S. authorizing .participating in Amicus Curiae Brief was introduced by Councilman Perry, seconded by Mayor Putnam, and adopted by 5 affirmative and 2 absentee votes. Note: Councilman Hilligoss was excused from the Council Meeting at 10:40 p.m. Councilman Mattei indicated he voted "Aye" reluctantly,, as he was thinking 6f.,,the taxes the property owner might. have.to pay on the parcel o land and not realize any return. SUPPORT ARCTIC GAS Mayor Putnam advised the League of California Cities is���� r PROJECT concerned regarding the matte and is having a Task . RES #7664ANCS Force review the whole situation and receive testimony regarding the Arctic Gas•Project. The resolution before the Council this evening has been requested by Pacific ,Gas and Electric Company she asked what stand the Council would like to take on the matter. Mr. Clifford Bartlett,.Manager, of the Petaluma Office, Pacific Gas and Electric Company, spoke briefly to the Council, stating the Arctic.Gas Project is the one favored by the Public Utilities Commission and one which Pacific Gas and Electric Company feels is the best route. The Company is asking the Council to support this particular route. Resolution #7664 N.G.S. supporting Arctic Gas Project was introduced by Coun- cilman Brunner, seconded by Councilman Mattei, and adopted by 5 affirmative and 2 absentee votes. AUTHORIZE AGREEMENT W /CALIFORNIA STATE POLICE DIVISION FOR ACADEMY COURSE RES #7665ANCS Resolution #7665 N.C.S. authorizing the Mayor to execute F� 8 an agreement. between the City of Petaluma - and Department C � of General Services, California State Police Division for Specialized Law Enforcement Academy Course, May 23- 27, 1977,, was introduced by Councilman Perry, seconded by Councilman Brunner, and adopted by 5 affirmative and 2 absentee votes. The class will be attended by Sergeant Leo Hutchison and is primarily geared toward the protection of public officials. ADJOURNMENT There being no further busines's to come before the Council, the meeting.was adjourned at 1.0:50 p.m., to May 19, 1977, at 9:0.0 a.m. for the purpose of a Budget Study Session. Mayor Attest: Cii y Clerk