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HomeMy WebLinkAboutCity Council Minutes 06/20/1977i yy MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA JUNE 20, 19`77 REGULAR MEETING ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES The regular. meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at the hour of 7:35 p.m. Present: Vice -Mayor Brunner, Councilmen Cavanagh, Harberson, Mattei, Perry, and Mayor Putnam. Absent: Councilman Hilligoss. The Reverend Richard McMillan, Neighborhood Church of the Christian and Missionary Alliance, gave the Invocation. Kerry Flynn of 407 Upham Street, a Senior student at Petaluma High School, led the Pledge of Allegiance. The minutes of June 6, 1977, were approved as mailed. CONSENT CALENDAR A motion was made by Councilman Cavanagh, seconded by Vice -Mayor Brunner to file the ABC applications, Agenda Items #1 and #2, and adopt resolutions #3 through #11, on the Consent Calendar. Motion carried unanimously. Agenda Item #1 ABC application„ Carl's Market, 621 East Washington �� ABC APPLICATION-- Street, off'sale general, premises -to- premises, Wayne 8 CARL'S MARKET, D. Ellis, President (from Carl's Market to Roger Wilco) 621 E. WASHINGTON was ordered filed. STREET Agenda Item #2 ABC application, Golden Fleece, 213 South McDowell — ABC APPLICATION-- Boulevard, on sale general, public premises,' self - GOLDEN FLEECE, 213 incorporation, William L. Yearsley, Jr., President, S. McDOWELL BLVD. was ordered filed. Agenda Item #3 DESIGNATE ARGUS- COURIER OFFICIAL NEWSPAPER RES #7788 NCS Agenda. Item #4 APPROVE PROCLAMATION "RINGING OF THE BELLS" RES X17789 NCS Agenda Item X15 AUTHORIZE CONSENT TO COMMON USE AGREEMENT WITH P.G. &E. RES X17790 NCS Resolution #7788 N.C.S. designating the Petaluma Argus- (— Courier the official newspaper for legal advertising r and approving the charges for same, was adopted. Resolution #7789 N -.C.S. approving proclamation issued FF by the Mayor regarding "Ringing of the Bells ", and urging citizens to comply was adopted. Resolution 117790 N.C.S. authorizing the Mayor to sign a Consent to Common Use Agreement, with Pacific Gas and F7/4- Electric Company, was adopted. Agenda Item X16 Resolution X17791 N.C.S,. approving lot line adjustment -n /ct APPROVE LOT LINE for properties owned by Robert. A. McDonald (Petaluma ADJUSTMENT -- ROBERT Auto Parts, Inc., A.P. #08- 061 -07) and Greyhound Bus A. McDONALD Depot (A.P. 1108 - 061 713) was adopted. RES 117791 NCS / y& June 20, 1977 Agenda Item X67 RESOLUTION IN MEMORY OF CARLEEN EGAN, FORMER MEMBER, PETALUMA LIBRARY BOARD OF TRUSTEES RES 47792 NCS Resolution No. 7792 N.C..S... IN MEMORY OF CARLEEN EGAN INTRODUCED BY COUNCILMAN Jack W. Cavanagh, Jr. and SECONDED BY COUNCILMAN Robert A. Brunner a Regular Meeting of the-City Council of the City of Petaluma, on the 20th day of June 1977. BE IT RESOLVED that this City Council wishes to acknowledge, with grati- tude, the outstanding service given to the Community and particularly to the Petaluma Library by Carleen Egan, wife of Earl F. Egan. Mrs. Egan was first appointed to the Petaluma Library.Board of Trustees in 1962 and participated diligently .in the planning and campaigning for a new library for the community in bond elections held in 1962, 1963 and 1965. . She actively participated in all phases of the Board's activities and was espe- cially concerned with the selection of a new Head Librarian in 1970. She felt a deep concern regarding the administration and working conditions for all who worked in the library. In 1973, she unselfishly relinquished her place on the Board of Trustees and expressed a'h6pe that a replacement would be selected from the newly- developed sections of the City, thus: broadening the Board's cons`ttu'ency` and strengthening support for yet another effort for Petaluma to realize its dream of a new, enlarged and modern library facility. Carleen continued to work for the successful campaign of 1974 when the voters at last approved a bond issue to construct the new library. Mrs. Egan devoted many hours assisting the Advisory Board in its consi- deration of the new building's architectural enrichment and several features in the new library can b'e attributed to her tasteful suggestions, as'well as her general concern for the comfort of the staff. Carleen Egan's death on March.11, 1,977 leaves a void in the community which cannot be filled. Her service to the community, however, will be long remembered_ As a tribute, many fine books and records, donated in her name, serve as a fitting memorial to her years of service and devotion to the Peta- luma Public Library. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to make this resolution a permanent part of the City's records and forward a copy to Earl Egan expressing the Council's regret over the passing of this dedicated citizen. under the power and conferred upon this Council by the Charter of said City. I hereby certify that the foregoing Resolution was;,duly. ;r..,. and regularly introduced and adopted by the Council of the City of Petaluma on the 20th, day of June , 1977, by the following votes: AYES: Councilmen Brunner, Cavanagh, Harberson, Mattei, Perry, and.Mayor Putnam NOES: None ABSENT: Councilman Hilligoss ATTEST: Marjorie J.. Wilson Helen Putnam City Clerk Mayor 1 ` 5 17 June 20, 1977 Agenda Item #8 AUTHORIZE PUBLIC IMPROVEMENTS AGREEMENT- -SANTA ROSA CIGARETTE COMPANY, 1238 MAGNOLIA AVENUE RES 47793 NCS Agenda Item #9 AUTHORIZE PUBLIC IMROVEMENTS AGREEMENT -- JEHOVAH'S WITNESSES, 720 PARK LANE RES 47794 NCS Agenda Item 410 ACCEPT COMPLETION EAQUINTO PARCEL MAP RES #7795 NCS Agenda Item 411 CALL FOR BIDS- - AERIAL PHOTOGRAPHY PROJECT 3003 -9658 RES 47796 NCS Resolution #7793 N.C.S.. authoriz the Mayor to sign F49,6 Public Improvements Agreement with Santa Rosa Cigarette VV Company, for property located,at 1238 Magnolia Avenue, was adopted. Resolution 47794 N.C.S. authorizing the Mayor to sign `,� Public Improvements Agreement with Jehovah's Witnesses 1 Kingdom Hall, for property located at 720 Park Lane, Petaluma, was adopted. Resolution 47795 N.C.S. accepting completion of work ���] for Eaquinto Parcel Map No. 106 (Newman B. Nelson) was F19 adopted. Resolution 47796 N.C.S. approving plans and specifi- F n I. cations for Aerial Photography and Photogrammetric / Mapping, Project 3003 - 0658, was adopted. Mr. Hall indicated a resident in the area had commented regarding the extension of Sunnyslope Road parallel with the creek to connect with "I" Street. It was his understanding at one time or another the County had some plans for exten- sion of that.road. City Manager Robert Meyer asked whether the development was compatible with the General Plan and the Environmental Design Plan as proposed. He indicated one of the items in the proposed Environmental Design Plan was for a neighborhood park in the area. Mr. Hall indicated the matter before the Council is merely the prezoning and not the development of the property. The matter of the park could be brought back at 'a later date when the development plans are presented. Mayor Putnam then opened the Public Hearing. Mrs. Helen King spoke to the Council. She also owns property on "I" Street. She indicated some concern about serving Dr. Jonas' property with a cul -de -sac. Her property and a neigh- bor's property, Mr. Dean.- would also require cul -de -sacs if the land was to be developed. Mrs. King's concern was over the fact that "I" Street is becoming a very busy street and their property would be blocked if a cul -de -sac was per- mitted in the proposed prezoned area. Mrs. King stated she did not oppose the prezoning; however. PUBLIC HEAPING - - The Public. Hearing on this ordinance had been continued PREZONE N/W CORNER ,Q from the June 6, 1977 Council meeting upon the written "I" STREET AND request of the applicant, Lawrence A. Jonas. Planning SUNNYSLOPE ROAD Director Ronald Hall indicated at the meeting of May 16 ORD 41242 NCS the staff report had been given, the Public Hearing had (SECOND REA been duly advertised as required by law by the City Clerk. The request by Dr.' Jonas is to prezone the land at the northwest corner of "I" Street and Sunnyslope Road to City R- 1- 10,0.00. There have been no definite plans submitted for the development of the property. The Sonoma County Water Agency indicated there would be no problem with the development as far as they were concerned if the basic development was far enough away from the creek so they could perform maintenance. Mr. Hall indicated a resident in the area had commented regarding the extension of Sunnyslope Road parallel with the creek to connect with "I" Street. It was his understanding at one time or another the County had some plans for exten- sion of that.road. City Manager Robert Meyer asked whether the development was compatible with the General Plan and the Environmental Design Plan as proposed. He indicated one of the items in the proposed Environmental Design Plan was for a neighborhood park in the area. Mr. Hall indicated the matter before the Council is merely the prezoning and not the development of the property. The matter of the park could be brought back at 'a later date when the development plans are presented. Mayor Putnam then opened the Public Hearing. Mrs. Helen King spoke to the Council. She also owns property on "I" Street. She indicated some concern about serving Dr. Jonas' property with a cul -de -sac. Her property and a neigh- bor's property, Mr. Dean.- would also require cul -de -sacs if the land was to be developed. Mrs. King's concern was over the fact that "I" Street is becoming a very busy street and their property would be blocked if a cul -de -sac was per- mitted in the proposed prezoned area. Mrs. King stated she did not oppose the prezoning; however. /yf June 20, 1977 PUBLIC HEARING- Mr. Hall advised, at the tentative map stage, the City PREZONE N/W CORNER would consider any landlock problem that might occur as "I" STREET AND a result of the development. Mr. Hall also stated it SUNNYSLOPE ROAD appears the best method to improve the property would ORD #1242 NCS be by means of a through street. If the County has a (SECOND READING) plan, the City should probably consider that alternative. (Continued) Mr. Hall advised Mrs. King the matter would be con- sidered very carefully when the tentative map is brought before the Planning Department. There were no further comments from the audience, and none had been received by the City Clerk, and Mayor Putnam closed the Public Hearing. Ordinance #1242 N.C.S. amending Zoning Ordinance #1072 N.C.S. by prezoning A.P. #19 -201 -8 located at the northwest corner of "I" Street and Sunnyslo.pe Road to R- 1- 10,.000 (Jonas) was adopted by 6 affirmative and 1 absentee votes. Effec- tive date of ordinance, July 20, 1977. DESIGNATE COCA -COLA Planning Director Ronald Hall advised on April 22 SIGN ON MUTUAL RELIEF 1977, the Historic and Cultural Preservation Commi=ttee BLDG. A HISTORIC passed a resolution recommending that the Coca -Cola LANDMARK Sign painted on the Mutual Relief Building„be declared ORD #124,9 NCS a landmark of historical significance. The Committee (CONT.INUED'TO noted the sign depicts the poultry producing era of JULY 5, 1977) Petaluma's heritage. Subsequently, the Petaluma Plan- ning Commission, at their meeting of May 10, 1977, adopted a resolution recommending the sign be declared a historic landmark. Councilman Cavanagh raised the question if the sign.painted on the Mutual Relief Building is declared a historical landmark, would it prevent development of the adjacent property at any time in the future. City Manager Robert Meyer suggested the Council defer the matter until Com- munity Development and Services Coordinator Frank Gray returns to the City. This has been one•of his project's and probably'he could answer any questions Mayor Putnam asked to have the matter continued until July 5, 1977. ACCEPT RESIGNATION -- A letter dated June 20, 1977, addressed to the Mayor G. ROLAND BOND, and City Council by G. Roland Bond, submitting his l PLANNING COMMISSIONER resignation immediately from the Planning Commission of v RES 0 797 NCS the City of Petaluma, was read by the City Clerk and ordered filed. Resolution X6:77,97 N.C.S,. accepting the resignation of G. Roland Bond.as a member of the Planning Commission was introduced by Councilman Harberson, seconded by Councilman Perry, and adopted by 6 affirmative. and 1 absentee votes. VACANCIES ON BOARDS City Manager Robert Meyer reviewe.d,the n=umber of ; vacan- AND COMMISSIONS cies which,would occur on the Planning Commission, the Recreation, Music and Parks Commission, the,Water Commission the Board of Building Review and Appeals, and the Personnel Board. Terms on these Boards expire for certain members as of June 30, 1977, or until a successor is appointed by the City Council. Mayor Putnam asked to have the media notified of the vacancies and ample publicity be given in order for the Council to interview prospective new members at the July 5,:1977 Council meeting. Mayor Putnam stressed all appointments to the Boards and Commissions would be made at a public meeting on that date. CITY MANAGER'S REPORTS APPROVE CLAIMS & BILLS Resolution 6677`98 N.C.S. approving claims and bills RES X67798 NCS X62413 _ X62493, inclusive, General City;,-,and-#45l,_- X6460., inclusive, Water, approved for payment by the City Manager, was introduced by Councilman Perry, seconded by Councilman Cavanagh, and adopted by 6 affirmative and 1 absentee votes. I I June 20, 1977 / 5/y WATER EMERGENCY City Manager Robert Meyer reviewed a report prepared by STATUS Tom Wilson, Director of Water Utility Operations, and David Breninger, Assistant City Manager, dated June 20, 19,71.. The report outlines the expected water produc- tion from local wells would total 4.85 million gallons and reflected production from both City -owned and privately -owned wells._ Mr. Meyer advised the Sonoma County Water Agency estimates Lake Mendocino water supply should be depleted by October, 1977. Mr. Meyer felt the City could not optimistically look toward the October date, and August, 1977 would be a more realistic time when the City may have to use its own sources of water from the wells. APPROVE PHASE -OUT OF City Manager Robert Meyer referred to a memorandum he r� n� BURGLAR ALARM had received from Police Chief Robert B. Murphy, dated cc;(( � MONITORING SERVICE June 9, 1977. Chief Murphy recommended the City dis- continue monitoring burglar alarms for commercial establishments not considered to be of a high risk nature. The City would continue to monitor banks, savings and loans, jewelry stores and pharmacies,. The phasing out would be in an orderly manner for the present businesses, and the.Police Department would not accept any new appli- cations. Chief Murphy's recommendation was based primarily on the number of, false alarms the Department must respond to each month. Since vehicles must respond Code 3 on these types of alarms, the high accident risk is increased. After a brief discussion by the Council, a motion.was made by Councilman Har- berson, seconded by Councilman Perry, approving the orderly phase -out of burglar alarm monitoring_ service by the Petaluma Police Department. Motion carried unanimously. STATUS OF FEDERAL City Manager Robert Meyer advised the Petaluma area -and V700 PUBLIC WORKS ACT the City would be receiving $1,943,000 in Federal APPLICATION Public Works Act funds. The City has been informed the Caulfield Lane Project and Lucchesi Park Project would not qualify on the application for the funds as the contracts had already been awarded. The intention is to have the $1,943,000 remain in the Petaluma area. Mr. Meyer advised there have been meetings with the two-School Districts, i.e., the Petaluma School District and the old Adobe Union School Distrrct, to try to work out a package for submission of the application of projects which could be ready in the limited 90 -day time period. The recommendation for priorities are as follows: North McDowell Boulevard Improvements from Corona Road to Old Redwood Highway; second priority, McDowell Boulevard Improvements from Lauren Drive to Lynch Creek. A new request will be for _$85,000 to $90,000 for the library - museum. The fourth request for an additional new project would be the expansion of the Casa Grande High School Complex, building of tennis courts, handball courts, and a turf area for an approximate amount of from $283,000 to $300,000. The fifth priority would be to restore the swimming pool at Petaluma High School which would cost between $85,000 and $90,000. The Old Adobe Union School District request would be for repaving of their play areas for a minimum project of $75,000. Mr. Meyer advised there were no other projects which had the preliminary design work completed to qualify to meet the time schedule of July 10, 1977, for submitting the application. Both the School Districts and the City would have to agree on the priority list to be forwarded to Seattle in the application. Councilman Harberson questioned the need for additional tennis courts as op- posed to multi - purpose playing fields. He also asked if the tennis courts were built at Casa Grande High School, would they be available for the public. City Manager Robert Meyer advised the school needs to build tennis.courts for their regular school program; however, when school was not in session or the courts were not being used by the school, they would be available for public use. Also included in the Casa Grande Complex Master Plan is a large turfed area which would also be available to the public. After some further discussion, City Manager Robert Meyer indicated if there was no objection from the Council, the staff would move ahead, continue to meet with the school district officials and endeavor to get the application sub- mitted prior to July 10. The Council voiced no objection. /, ..o June 20, 1977 ROBERTI -Z BERG URBAN City . Manager Robert Meyer advised the City had applied g OPEN SPACF'AND for additional funds for the development of Lucchesi RECREATION PROGRAM Park through the State Department of Parks.and Rec- reation. A letter dated June 14, 1977',, directed to the City Manager by Herbert Rhodes, Director, advised the City would not receive funds for this project during the current fiscal year. The letter did suggest, however, that the City resubmit for the 1977-78 fis'c`al year. The deadline for applications is October 1, 1977. SUMMER YOUTH City Manager Robert Meyer gave a brief report-on the \f� EMPLOYMENT PROGRAM young people -hired by the .City under two different tl programs. Five students will be working 25,2 hours on various positions in the City under the School System's program, and between five to seven young people will be working °under the Work Experience Program which is administered by the Petaluma People Services Center. ^ SONOMA -MARIN FAIR Mr. Meyer reminded the Council to meet at Petaluma Blvd. South and "D" Street at noon, June 26, 1977, to \\ ride in the fair parade. In addition Finance Director John Scharer asked permission provide City bus service for Wednesday and Thursday, June 22 and 23, until 9:00 p..m.. This would provide bus service for Wednesday, Thursday and Friday evenings until 9:00. The same program had been followed the previous year. The Council granted permission for the extended bus service. 1 RESOLUTION NO. 7799 N.C.S,. RESOLUTION OF THE COUNCIL OF THE CITY OF P-ETALUMA DECLARING CANVASS OF RETURNS AND RESULTS OF REGULAR MUNICIPAL ELECTION INTRODUCED BY COUNCILMAN William A. Petty, Jr. SECONDED BY COUNCILMAN Fred V. Mattei WHEREAS., by proceedings heretofore duly had and taken, the Regular Munici- pal Election was held in the City of Petaluma (hereinafter called the "City") on June 14, 1977; and, WHEREAS, said Regular Municipal Election was held on said date in accord- ance with law, and the votes thereat received and canvassed,., and the returns thereof ascertained, determined and declared in all respects as required by law; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Petaluma as follows: (1) The City Clerk of the City be, and she is hereby,, instructed to enter this resolution on the minutes of this Council as a statement of the result of said election. (2) The total number of ballots. cast in the City-. at said. Regular Munici- pal Election was 5,57°4 ballots; 623 ballots were cast outside the City, for a total of 6,197 ballots. (3) The list of candidates nominated for the officers hereinafter set forth to be filled at said Regular Municipal Election and the names of the candidates which were set forth in the petitions assembled rand filed with the City Clerk:, as required by law, and the number of votes cast in favor of each of the candidates was as follows: DECLARE CANVAS'S A Council Committee comprised of ,Councilman Cavanagh, / ^ \ ` C I OF RETURNS & RESULTS Mattei, and Perry, adjourned with the City review the canvass of votes as certified by Clerk to Sonoma OF REGULAR MUNICIPAL ELECTION -JUNE 14, 1977 County Clerk Eugene Williams and hereby incorporated RES #7799 NCS into the minutes as a permanent record: RESOLUTION NO. 7799 N.C.S,. RESOLUTION OF THE COUNCIL OF THE CITY OF P-ETALUMA DECLARING CANVASS OF RETURNS AND RESULTS OF REGULAR MUNICIPAL ELECTION INTRODUCED BY COUNCILMAN William A. Petty, Jr. SECONDED BY COUNCILMAN Fred V. Mattei WHEREAS., by proceedings heretofore duly had and taken, the Regular Munici- pal Election was held in the City of Petaluma (hereinafter called the "City") on June 14, 1977; and, WHEREAS, said Regular Municipal Election was held on said date in accord- ance with law, and the votes thereat received and canvassed,., and the returns thereof ascertained, determined and declared in all respects as required by law; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Petaluma as follows: (1) The City Clerk of the City be, and she is hereby,, instructed to enter this resolution on the minutes of this Council as a statement of the result of said election. (2) The total number of ballots. cast in the City-. at said. Regular Munici- pal Election was 5,57°4 ballots; 623 ballots were cast outside the City, for a total of 6,197 ballots. (3) The list of candidates nominated for the officers hereinafter set forth to be filled at said Regular Municipal Election and the names of the candidates which were set forth in the petitions assembled rand filed with the City Clerk:, as required by law, and the number of votes cast in favor of each of the candidates was as follows: June 20, 1977 (5) That Helen Putnam, John Balshaw., G. Roland Bond, James L. Harberson, Wesley W. Ebert, Hugh Goss, and Gail S. Sackett received the highest number of votes cast ,for the office for which each was a candidate and said persons were thereby elected to said office for the term hereinabove set forth, and the City Clerk is hereby authorized to administer thereto the Oath of Office prescribed in the Constitution of the State of California. AYES: NOES: 1 PASSED AND ADOPTED this 20th day of June, 1977, by the following vote: ABSENT: Attest: Councilmen Brunner, Cavanagh, Harberson, Mattei, Perry, and Mayor Putnam None Councilman Hilligoss Marjorie J. Wilson City Clerk Helen Putnam Mayor REVENUE SHARING -- Councilman Cavanagh reported on meetings he, Councilman V6(-)/ COUNCIL COMMITTEE Hilligoss, the Assistant City Manager, and the Finance o REPORT Director held with representatives of the Petaluma People Services Center, the Petaluma Seniors Involved, and Mr. Jim Park of the Sonoma County Council.on Aging. The group met June 7, 1977, and again on June 14, 1977. Mr. Cavanagh indicated Mr. Park was helpful in the study of the distribution of funds for the various groups and commended him for his objective approach to the matter. As a result of the meetings, the recommendation for the allocation of the $45,000 set aside by the Council for the various groups included $2,700 for the Petaluma Girls' Club, $20,000 for the Hill Opera House Preservation Committee, $11,500 for the Petaluma Seniors Involved, and $15,360 for the Petaluma People Services Center. The Committee recommended the $2,700 for the Girls' Club be held in reserve until it was determined whether the organization would be reactivated. Mr. Cavanagh indicated the $20,000 stipulated for the Hill Opera House Preservation Committee should be on a matching basis if a reliable committee is formed to raise funds for this organization. It was also recommended these funds be held in reserve. In addressing the funds to be set aside for the Petaluma Seniors Involved, Mr. Cavanagh indicated this group was not interested in co- mingling their programs with other age groups, and preferred' to have a place of their own to create programs and coordinate- services. The $11,500 recommended for this group would provide funding for one year for space, utilities, and insurance to be paid directly by the City. The recommendation :for funding the Petaluma People Services Center in the amount of $15,3.60 would provide funding for ,rent, gas, electricity, and water, as well as insurance for the location at 47 Sixth Street. These funds would be paid directly by the City. Councilman Cavanagh stated it.was made clear to the group the City would not pay for any telephone service. He also indicated the Petaluma People Services Center wanted to maintain their location on Petaluma Blvd. North, as well as the new facility at 47 Sixth Street. The Committee was not in favor of both facilities. Councilman Mattei indicated it was his understanding if the Petaluma People Services Center located at 47 Sixth Street, it would also provide a location for the senior citizens. He questioned whether or.not the County would be contributing anything to the Petaluma People Services Center. Mr. Cavanagh .stated it was his understanding the County had contributed $15,000. Mr. Cavanagh also stated the PetalumaSenors Involved would prefer a first floor location; however, the Petaluma People Services Center felt they needed the entire building for their programs. A copy of the Committee's report dated June 20, 1977, is on file with the City Clerk. After some discussion on the various projects and the funding, a motion was made by Councilman Cavanagh, seconded by Councilman Harberson, to adopt the Committee's recommendation. Motion carried unanimously. 1Sv2_ June 20, 1977 Mr. Scharer suggested the Ordinance be introduced at the meeting of July 5. City Attorney Larry Klose advised there would be some technical and conforming changes to the final draft and the proper code sections would be assigned to the ordinance. APPROVE TRANSPORTATION Finance Director John Scharer advised the action re- EDUCATION PROGRAM quested is a resolution by the City Council supporting RES 11800 NCS the Golden Gate Bridge, Highway and Transportation +� District's request for $2,500 from Metropolitan Trans- portation Commission Planning Funds. The program will not accrue any cost to the City.of Petaluma. The main purpose of the program would be to develop an educational package in a three- county area, i.e., San Francisco, Marin and Sonoma Counties, for fifth grade level students on the use of public trans- portation. Mr. Scharer recommended approval of the resolution. Resolution 47800 N.C.S. approving Transportation Education Program was intro- duced by Councilman Perry, seconded by Councilman Harberson, and adopted by 6 affirmative and 1 absentee votes. VARNHAT ACQUISITIO OF Recreation Director Jim Raymond reviewed the actions by J� eation, Music and Parks Commission regarding Y� REGIONAL PARK, AND the selection.of a site for a south county regional APPROVE EXPENDITURE park: A regional park.is designated on; °the west side OF FUNDS FROM 1976 of the community.in the Environmental Design Plan and STATE PARK BOND ACT the General Plan. Previously, the Council had dis- RES 4780,1 NCS cussed the Petaluma LaCumbre Property in conjunction with a -site known as the Varnhagen Property, The County held several hearings on :both sites and determined the Varnhagen Pro- perty would be the more appropriate of the two_. Between the time of the hearings and the present, there has been a. change in the Board of Supervisors, and perhaps a change in philosophy with regard to park sites. The Sonoma County Regional Park Advisory Committee is now recommending two sites; l).the Grey Property located between Petaluma Blvd. and 101 Freeway; and 2,) the Varnhagen Property. Commissioners.Hilligoss, Mamone,, and Phillips visited the Varnhagen site at the invitation of the Regional Parks Advisory Committee. Both sites were discussed at the April meeting of the Petaluma Recreation. Commission. The Commission's recommendation to the Council was the,Varnhagen area. The Regional Parks Advisory Committee expressed concern whether or not the City would contribute funds for the acquisition of the site. At the Rec- reation Commission's May meeting,, the Commission confirmed their selection of the Varnhagen property and recommended the City Council pledge $50,:000 from -the 1976 State Park Bond Act funds to be used as the City's contribution to acquire the site. Supervisor .George DeLong, Sonoma County Parks Director Joe Rodota, Richard Muzio:, member of the County Regional Parks Advisory Committee, and Don Law, Senior Parks Planner, Regional Parks Department., were present representing the County of •Sonoma,. Mr. Vincent Mamone of the Petaluma Recreation Commission was also in attendance. Mr. Law outlined the area being proposed as the Regional Park Site known as the Varnhagen property, which has access from Chleno Valley Road. He described the terrain as being steep and hilly. However, there is a small pond on the site. Mr. Rodota indicated if this property was the ultimate choice of the City, the type of activites would be more of a passive nature rather than an activity type park which could be built on flat land. The Council questioned the requirement for the City to pledge $50,000 toward a regional park in the area, since the County has provided regional parks in other locations in the County. When asked by Councilman Harberson if the south PRESENTATION OF Finance Director John Scharer advised a draft of the DRAFT SEWER USE proposed Sewer Use.Ordinance had been given to the \� \� ORDINANCE Council for their study and review. He asked the � Council to read the Ordinance and,, if' it was necessary, a study session would be scheduled to go through the ordinance. Mr.. Scharer advised,all of the industrial users had received copies of the draft ordinance in order to have an opportunity to submit their comments to the City Council. Mr. Scharer suggested the Ordinance be introduced at the meeting of July 5. City Attorney Larry Klose advised there would be some technical and conforming changes to the final draft and the proper code sections would be assigned to the ordinance. APPROVE TRANSPORTATION Finance Director John Scharer advised the action re- EDUCATION PROGRAM quested is a resolution by the City Council supporting RES 11800 NCS the Golden Gate Bridge, Highway and Transportation +� District's request for $2,500 from Metropolitan Trans- portation Commission Planning Funds. The program will not accrue any cost to the City.of Petaluma. The main purpose of the program would be to develop an educational package in a three- county area, i.e., San Francisco, Marin and Sonoma Counties, for fifth grade level students on the use of public trans- portation. Mr. Scharer recommended approval of the resolution. Resolution 47800 N.C.S. approving Transportation Education Program was intro- duced by Councilman Perry, seconded by Councilman Harberson, and adopted by 6 affirmative and 1 absentee votes. VARNHAT ACQUISITIO OF Recreation Director Jim Raymond reviewed the actions by J� eation, Music and Parks Commission regarding Y� REGIONAL PARK, AND the selection.of a site for a south county regional APPROVE EXPENDITURE park: A regional park.is designated on; °the west side OF FUNDS FROM 1976 of the community.in the Environmental Design Plan and STATE PARK BOND ACT the General Plan. Previously, the Council had dis- RES 4780,1 NCS cussed the Petaluma LaCumbre Property in conjunction with a -site known as the Varnhagen Property, The County held several hearings on :both sites and determined the Varnhagen Pro- perty would be the more appropriate of the two_. Between the time of the hearings and the present, there has been a. change in the Board of Supervisors, and perhaps a change in philosophy with regard to park sites. The Sonoma County Regional Park Advisory Committee is now recommending two sites; l).the Grey Property located between Petaluma Blvd. and 101 Freeway; and 2,) the Varnhagen Property. Commissioners.Hilligoss, Mamone,, and Phillips visited the Varnhagen site at the invitation of the Regional Parks Advisory Committee. Both sites were discussed at the April meeting of the Petaluma Recreation. Commission. The Commission's recommendation to the Council was the,Varnhagen area. The Regional Parks Advisory Committee expressed concern whether or not the City would contribute funds for the acquisition of the site. At the Rec- reation Commission's May meeting,, the Commission confirmed their selection of the Varnhagen property and recommended the City Council pledge $50,:000 from -the 1976 State Park Bond Act funds to be used as the City's contribution to acquire the site. Supervisor .George DeLong, Sonoma County Parks Director Joe Rodota, Richard Muzio:, member of the County Regional Parks Advisory Committee, and Don Law, Senior Parks Planner, Regional Parks Department., were present representing the County of •Sonoma,. Mr. Vincent Mamone of the Petaluma Recreation Commission was also in attendance. Mr. Law outlined the area being proposed as the Regional Park Site known as the Varnhagen property, which has access from Chleno Valley Road. He described the terrain as being steep and hilly. However, there is a small pond on the site. Mr. Rodota indicated if this property was the ultimate choice of the City, the type of activites would be more of a passive nature rather than an activity type park which could be built on flat land. The Council questioned the requirement for the City to pledge $50,000 toward a regional park in the area, since the County has provided regional parks in other locations in the County. When asked by Councilman Harberson if the south 13 June 20, 1977 SUPPORT ACQUISITION OF county is served by a regional.park, Mr. Rodota advised VARNHAGEN SITE FOR there are none in the area. Councilman Mattei asked REGIONAL PARK AND who would be responsible for the maintenance of such a APPROVE EXPENDITURE facility. Mr. Rodota indicated the subject had not OF FUNDS FROM 1976 been addressed; however, he felt it would probably be STATE PARK BOND ACT maintained by the County. RES #7801 NCS (Continued) The Council also questioned whether or not the City of Petaluma would be setting a precedent if they contri- buted to a regional park. Mr. Rodota advised the City of Rohnert Park had cooperated in purchasing a similar site near Rohnert Park off Preston Road. The park has not been developed. In addition, the City of Sebastopol has made a small contribution for the development of two sites in that area. Mr. Rodota stated the precedent has been set. Where the County is acquiring large re- gional parks close to cities, the County will ask cities to contribute in some respect. He further advised the County has set aside $277,500 of its allo- cation;. under the 1974 Park Bond Act for the - purchase of a project in the Petaluma general area. Mayor Putnam recalled the Council visited the site several years ago. She felt the land was extremely hilly and questioned whether or not the only access would be by way of Chileno Valley Road. She wondered if some provisions would be made to get to the top of the property. Vincent Mamone, a member of the Petaluma Recreation, Music and Parks Commis- sion, stated the Commission felt this was the type of park needed in the area, since Lucchesi Park will develop ultimately as a multi- activity park. Mr. Mamone stated it was felt the pond on the land could be used possibly for fishing and some small boating activity. He also felt it would be necessary to have some type of road system in the park to get to the crest of the area. Councilman Harberson'agreed this type of park is needed in the area; however, he felt the only thing.wrong with the proposal was that the City had to provide the $50,000. He further stated the County should develop the park for the benefit of the citizens and taxpayers of the south county. Mr. Richard.Muzio, a member of the Sonoma County Regional Parks Advisory Com- mittee, then spoke to the Council. Several parcels have been viewed by the Committee, and he stated 'some recommendation needed to be made to the Board of Supervisors. His personal feeling was that the Grey property would have made a better park site; however, the land is much more expensive. The Varnhagen property he felt was limited and he did not really know how much use it would get from the people the County is trying to service in this area. Mayor Putnam asked what type of activities would be best suited for the Varn- hagen property, and - Mr. Rodota stated it would be similar to Sugar Loaf State Park. He also stated the property acquired near Rohnert Park is similar in nature. He stated he did not think the impression should-be that this is a park which would be used just for hiking. The activities might be limited; however, it would provide a good picnic area; perhaps some water facilities could be developed; it could be open for hiking, horseback riding, and passive type activities. He stated they want to do what the people of Petaluma feel is their greatest need and make recommendation of a project which has the full support of the City. Councilman Mattei then questioned where funds would come from to develop the park. Mr. Rodota indicated he is suggesting a plan to use $125,000 toward the development.of this project from the 1976 Park Bond Act Funds. Councilman Harberson indicated he felt the City's first priority should be the completion of the Lucchesi Park Development; however, if the City had to choose now on a regional park site, it appeared they had two choices, one for a flat land park, and the other for a hilly park. City Manager Robert Meyer indicated the General Plan, as far back as 1962, shows a regional park in the general vicinity of Chileno Valley Road, and the selection of the Varnhagen property would conform to this designation on the General Plan. Mayor Putnam then stated she agreed there was a need for a regional park in the area; however, she would like to see the City have an opportunity to complete June 20, 1977 SUPPORT ACQUISITION Lucchesi Park before they had to select a site for a OF VARNHAGEN SITE FOR regional park, and asked if an action had to be taken REGIONAL PARK AND on the matter by the Council this evening. City APPROVE EXPENDITURE Manager Robert Meyer advised it was his understanding OF FUNDS FROM 1976 there is some money available from State'Park Bond Act STATE PARK BOND ACT funds to build a park in this .section of the County. RES #7801 NCS. It was his further understanding it is now the policy (Continued) of the ;Board that local agencies have to contribute something before the Board would proceed.. if the City decided not to spend the $50,..000 for the regional park, the Board would then determine the funds would go to another area. He felt the County was asking two things: where does the City want the_park and is the City willing to contribute anything toward it? Mr. Meyer asked for confirmation of his remarks from either Supervisor DeLong or Mr. Rodota. Mr. Rodota indicated Mr. Meyer was basically correct in his statement. Mayor Putnam then asked if her statement would be true that if the City was not willing to put $50,000 into the project first, then the County..would not be even -thinking about a park in the area. Mr. Meyer indicatedtl at 'wag ­ffie' recommendation based on what other agencies had been doing. He also indicated he felt it was important to have a complete understanding with the County if they had a time schedule for spending the money, may be necessary for the Council,to make a definite decision at this meeting. Mayor Putnam then asked if the County has a time schedule. Mr. Rodota indicated the County does have a time frame. The money has been applied for within a period of two years and time is running out. The County needs to have some action to use the money. If they were to reapply for another project, the whole procedure would have to start over again.. What they need to know is where the City stands - -does the City want a.park project in the south county area, I what kind of a project is desired, and how much money is the City willing to contribute.? Mayor Putnam again asked:Mr. Rodota if action had to be taken on the matter at this meeting. Mr,. Rodota indicated it did not have to be tonight; however, he felt a decision should be made in the very near future. At the conclusion,of the discussion, Vice- Mayor Brunner asked to have an op- portunity to introduce the resolution supporting the selection of the Varnhagen property. Resolution #7801'N.C.S. supporting acquisition of the Varnhagen site for a County regional park, and declaring the intent of Council to apportion 1976 State.Park Bond Act Funds as a contribution toward acquistion or develop- ment thereof, was introduced by Vice -Mayor Brunner,, seconded by Councilman Perry, and adopted by 5' affirmative, 1 negative., and 1 absentee votes. Council- man Cavanagh voted "no ". 400 CALL FOR BIDS -- City Engineer David Young advised the oxidation ponds BREACHING LEVEE for the Water Pollution Control Facilities were started WATER POLLUTION in 1973. The ,year after commencement on the project, CONTROL FACILITIES the Corps of Engineers issued a permit to the City of RES #1862 NCS Petaluma for thel portion of work which was under their DEFEATED jurisdiction. One of the conditions of the permit was the City had to agree to breach the dike and inundate the remaining area not used for oxidation ponds, or approximately 80-acres which would return to marshland. The time stipulated for completion of this work in the original permit is August 16, 1977. On the basis of this agree - ment, the Council authorized CDM, Inc. to prepare 'the plans and.spe cificat -ions necessary to accomplish the work of breaching the dikes. When CDM started the preparation of the plans and specifications,, there was some question as to whether or not the project would be grant eligible. This matter has been cleared up and a letter addressed to the City Engineer dated' May 26, 1977, from Larry F. Walker, Division Chief, State Water Resources Control Board, Division of Water Quality, indicates the $30,000 is grant eligible. A copy of the letter is on file with the City Clerk. Mr. Young advised a letter.received from the Corps of Engineers dated June 7, 1977, indicates the City should proceed with the breaching of the dike pursuant to Special Condition No. 3 in'the permit issued by them August 20, 1974. The letter states the-United States ;Fish and Wildlife Service has no objection to the breaching,of the dike which had previously been a quest -ion and also indi- cates they believe that the California Department of Fish and Game hold a similar view. A copy of the letter is on file with the City Clerk. Mr. Young stated the.State has a requirement that there should be a 30 -day advertising time on the notice to bidders.. He further advised Mr. Mary Lindorf of CDM, Inca was present to 'answer any questions the Council may have. June 20, 1977 CALL FOR BIDS =. BREACHING LEVEE WATER POLLUTION CONTROL FACILITIES. RES #7802 NCS DEFEATED (Continued) Councilman Mat'tei sftat'ed, he has been opposed to' the requirement of breaching the dike and reverting the 80 acres to marsh`land,. He is still opposed and hoped the City Council would join with him in defeating the resolution approving the plans and specifications. He, expressed concern of the effect the tidal action would have on.neighboring,lands.and who would be-faced-with the responsibility if damage occurred. He also felt there was no, .clear projection of what.. the cost of maintenance would be to the City of Petaluma. Councilman Cavanagh questioned what would be the consequences if the City refused to approve the'plans, and specifications? The City Engineer stated he did not know whether the City Attorney had had'time.to research the matter; however the City was given a permit by the Corps of.Eng ne'ers, passed a resolution and authorized the Mayor to ,sign the agreement. The same questions arose at the time the agreement was signed by the City. City Manager Robert Meyer inquired whether or not there has" been a recent letter from the United States Fish and Wildlife'S'ervice confirming their requirements in their- letter dated.Feb`ruary 14,.19J5. Mayor Putnam also pointed out Mr. Youngg's letter to CDM, Inc. dated May 5., 1977, a copy of which is on file with the City Clerk,, indicates the U.S'. Fish and Wildlife Service has not formulated a.management agreement with the .C'ty.of. Petaluma to manage the subject land on an interim 'basis. Mr. Young then read the entire letter from the Corps of Engineers dated June 7, 1977. After conferring with the City Attorney, Mr. Klose indicated he felt the Corps of Engineers was in control of the permit and should be able to answer for the other federal agency involved; however, as far as the California Department of'Fish..and Game, it is probably up to the Corps of Engineer's policy to make a determination. After some further discussion, Resolution #7802 N.C.S. approving plans and specifications for breaching the levee, on -site grading and disposal of excess materials (Water Pollution Control Facilities) and calling for bids was intro- duced by Councilman Perry, seconded by Mayor Putnam, and defeated by 1 affir- mative, 4 negative, and 1 absentee votes, with Councilman Harberson abstaining for the reason his company does business with CDM, Inc. CONSIDERATION -- Planning Director Ronald Hall. indicated the developer, V- RESCIND.ING,RESIDENTIAL Manuel Pacheco, was moving ahead on the project and DEVELOPMENT ALLOTMENTS appears to be showing good faith in completing the / S & M CONSTRUCTION CO. development. He also indicated `the developer must have / 7. U (NO ACTION) an E.I.R. prepared for the project located at the corner of "I" Street and Sunnyslop:e.Road, known as Valley Oaks Subdivision. This requirement is also delaying the development. Mr. Hall read a letter which he had received from Mr. Pacheco this date indicating they were proceeding with the preparation of the Environmental Impact Report and submitting a revised development schedule. A copy of the letter is on file with the City Clerk. The Council took no action to rescind the 50 residential development allotment units. RESCIND EIGHT Planning Director Ronald Hall explained the eight v devci DEVELOPMENT p had been awarded to Conolly / / UNITS-- ROYALA A LLOTM ENT , Builders, with the eprinc palhbeing Royal Earls. Mr. RES_ #78'03 NCS Earls is no •longer.interested in the project. The development was zoned R-1-6,5.00 and is now under the ownership of the Assembly of God Church. The Church had requested a transfer of the allocation; however,•some problems have d'evelop`ed with the property in that the Sonoma County Water Agency is going to have to take some of the property for flood control. Mr. Hall's recommendation was to rescind the units and have the property owners come in for a new allocation and a revised de velopment. Rev. Marvin Barbee and his agent,Mr. Doug McCabe of Valley Realty were present at'the Council meeting. Mr. McCabe indicated the parcel originally started out as being 2.1 acres,; however,, it,was necessary to donate .6 acre to the Sonoma County Water Agency, "thus leaving only lz acres for development'. On this size acreage, only :six units could be; built. - Mr. McCabe further indicated he felt there may be some problems with financing the project. He requested permission to come back to the Council through the normal development allotment proceedings with a different design. Resolution #7803 N.C.S. rescinding certain residential allotment units for 1976 - (Royal Earls) was introduced by Councilman Perry, seconded by Vice Mayor Brunner, and adopted by 6 affirmative and 1 'absentee votes. 15 (o June 20, 1977 APPROVE TENTATIVE Planning Director Ronald Hall stated the,'matter before \� SUBDIVISION MAP -- the Council was consideration of the tentative subd- NORTH SAN FRANCISCO vision Of North San Francisco Bay Industrial Park Unit BAY INDUSTRIAL PARK No. 2. Mr. Richard Williams is the applicant. Mr. NO. 2 Hall then reviewed the staff: report from the Planning RES #7804 NCS Department to the - Planning Commission dated June 3,, 1.97`7: By means of the vewfoi`l', he outlined the 27 -lot subdivision lo.cated.on.North McDowell Blvd. At the Planning Commission level when the was held, no comments were received from the general public. Mr. Hall stated one of the:most.important concerns of the.proj!.ect brought out at the. Planning Commission meeting was the traffic on North McDowell Blvd., and..particularly the intersection of East Washington Street.. The tentative map does not provide for a parkway, which is designated for the site on the Environmental Design Plan. Mr. Hall stated this, particular aspect is critical 'because of the potential future need'for additional arterial linking of•the area with other sectors of the City. As a condition of'the tentative subdivision map approval, the City Engineer is recommending a '50 to 100 foot wide right-of-way be. de- dicated to the City along the southern, boundary of the site to accoimodat'e a future on -ramp onto the Freeway". With regard to this matter, the developer expressed some concern and felt a "'sunset clause" should be included so that if the City did not use ' the' r:ight -of -way within a reasonable period Of time:, perhaps three years,, then the property would revert back to the owner. 'At the Planning Commission Meeting, Mr. Hall stated Commissioner Bond'indica'ted he- felt five years would be a more appropriate time frame. Mr. Ha•11 stated would, ; like to defer -to the City ,Atto,rney' regarding the, dedication of the right- of -way for the future on -ramp to the freeway. The Planning Commission recolnmend_ed approval of the project by their Resolution No. 21 - 77,, 'adopted June 7, 1977, a copy ;of: which, is on file with the City Clerk. In addition, excer•.pts of the - minutes of the meeting of the Planning Commission, June T, 1977, submitted and filed 'The letter from the 'City Engineer regarding the dedication of the.rght -of=way is .marked as' Exhibit "B to Resolution ': #7804 N.C.S. The tentative map which is a part of the resolution is marked Exhibit "A ". and is on file with the City Clerk. City Attorney Larry Klo.se stated there is a provision in the,S'treets and Highways Code and other general government laws in the State of California which permits a party' to give an irrevocable offer of dedication. This would mean the party would retain title to the land until the City accepts-it, Mr. Klose felt such an offer should be made and against property. Then when it became necessary to build the interchange or tFie on- and off- ;ramps' to exercp se the dedication at that time. In the meantime,. the owner could use the land for any purpose he desired',, with the exception of building a structure on it. It would be necessary to hav& an agreement with the owner that he would not erect a structure on the area. Thisi would save the necessity 'of acceptance and.taking the p,rop;erty off the tax role and, at some.later date if'the in- terchange is not, built, having. to, reverse the procedure.. There was some.discussion regarding the proposed on- and off -ramp to the freeway., and Mr.. YOung Sta it'would require a revision to the traffic Kays element of °the General `Plan; 'however, it was proposed to have:'the .'ramp'connec.t directly with the-main street in Park 'Place Subdivision, i.e.,, Ranier Drive. City Manager Robert Meyer gaestoned,whether part of the groperty to be :taken would come from Mr. Grey's property and part from.Mr. Williams ", C ty'Engineer. David Young stated the direct connection on -ramp would come partly :from the property owned by Mr. Williams and from the neighboring property 'owned by Mr. Grey.. The off -ramp would be on Mr. Grey's property; howe.v6.r, the Marin /'Sonoma Mosquito Abatement District property would also be involved. Mr.'Robert Koenitzer, President of the Board of Directors of the Marin/Sonoma Mosquito Abatement District, then addressed .the City Council,. Mr. Koenitzer stated the District,. has signed an, agreement some months ago with the City 'to do the improvements fronting their.property along McDowell Blvd;. The „District is currently advertising for'an'architect and the matter of the dedication of property from their lands for the freeway project is .a recent development. Mr. Koenitzet a.dvis;ed.any reduction in the size of their parcel would prohibit the development of the proj'.ec.t. They have signed a contract with.Ar.gonaut Con- struction Company in the amount of $21,000 for the street improvements. The 1 June 20, 1977 . 157. APPROVE'TENTATIV'E bids for the architect should be firmed up sometime SUBDIVISION 'MAP­ next month, and the District is hopeful of starting NORTH SAN FRANCISCO construction within a .f'e-w months after signing that BAY INDUSTRIAL PARK contract. The District is proposing to build improve - NO. 2 ments on the,site which will ,cost between $250,000 to RES 47804 NCS $300,000. The. "District :has about nine years of work in (Continued) this particular parcel of land.and, if they are required to dedicate 50'f:eet of the property, it would not be feasible for them to continue. Planning Director Ronald Hall stated the concept has come about so fast the Planning Department did not have an opportunity to discuss the matter with the Marin /Sonoma Mosquito Abatement District. Because of the'al gnment-of Ranier Drive to the proposed freeway structure, it would probably require at least 60 feet from the Marin / Mosquito Abatement District property. Mr. Koenitzer indicated the District would be back to the City within two or three months with their site plans, and even'if the City would not require the 50 -foot ded.icat- -ion for the freeway on -ramp, if they were required set the building back 50 feet., they would not be able to continue with the project. The City Engineer indicated °that when and if the'City would require the dedi- cation of the right -of =way, it would have to pay fai'r.market value for the property. Mr. Koenitzer indicated he was not concerned about being paid for the property, but where the City would require the placement of the building. City Attorney Larry Klose advised the City may be becoming involved in an area of precondemnation activity. It was his opinion the City could probably not restrict the landowner from the placement "of the building unless the City was willing to pay for -the value of the property where const ruction was restricted. City Manager. Robert Meyer,stated he did not feel the matter could be settled at this meeting and suggested the staff meet with representatives of the District to see if`some : resolution could be r-e'ached_ Mayor Putnam requested the staff to work with ,the Marin /Sonoma Mosquito Abatement District to see if there could be some solution to the problem. Resolution 47804 N.C.S. approving tentative subdivision map of North San Francisco Bay Industrial Park #2 Subdivision was introduced by .Councilman Perry, seconded by Councilman Harbe "rson, and ado.pted'by 6 affirmative and 1 absentee votes. DISCUSSION: FINAL Planning; Commission Resolution No. 24 -77, adopted June MAPS, CAS'A DE ARROYO 15, 1977, submitted and filed. UNITS #1 AND #Z; ABANDONMENT - - PORTION Planning Director Ronald Hall advised Unit #1, Casa de OF OLD LAKEVILLE ROAD Arroyo Subdivision is designed for 23 duplexes, or 46 & SOUTH McDOWELL BLVD tot ; ^ un'ts,, .to be built by•Feature Homes, Inc. The Planning Department has reviewed the final map; it conformed with the General Plan, the Subdivision Ordinance, and the Zoning Ordinance. The Planning staff recommended approval to the Planning Commis &ion and the Commission has recommended approval to the City Council. The City Engineer has certified the final map. The project will include two - bedroom, two= liath and,adequate landscaping will be provided. Councilman Harberson questioned Jon Anderson of MacKay and Somps, the engineers for the project, whether.or not they plan to destroy the creek on the property. Mr. Harberson pointed out 'the cr.eek,property on the Alderwood Subdivision has been completely destroyed with all the trees being :removed before the final map was approved. Mr. Anderson indicated Adobe Creek is what the Sonoma • County Water Agency and the Corps of Engineers cl'as'sify a high volume channel: The Corps of 'Engineers and the Sonoma County Water - ,Agency require that the channel - be made larger. Without the enlargement of the channel,; it would be considered a flood plain area. In order to make it a buildab.le-site was necessary to meet these requirements. Mr. ,Anderson indicated sine& the design was for a 3 to 1 slope, more trees could be planted along the channel than would be re- moved. Councilman Harberson indicated he'was`p,r.efacing his negative vote on this subdivision, and any other.subdivision which requires removal of trees in the channel areas: June 20, 1977 DISCUSSION;: FINAL MAPS,, CASA DE ARROYO UNITS 111 AND _#2; ABANDONMENT - -- PORTION OF OLD LAKEVILLE ROAD & SOUTH McDOWELL BLVD. (Continued)' At this point Councilman Mattei questioned Items 32 and '33 on the Agenda which pertained to the vacation of a. portion of Old Lakeville Road. and to the vacation of a portion of South McDowell Blvd. City 'Manager Robert Meyer suggested.since Items 30, 31, 32 and 33 were' telated,, they should be discussed together, and perhaps the Council would prefer to hold act ion .until. .after the final discussion -. City Engineer David Young explained that the abandonment of McDowell Blvd. South,, the.area which had been laid out on the old plat map, has been replaced with a new design to hook McDowell Blvd. South into Lakeville Street to make a better intersection. McDowell Blvd.: South would be constructed as either part of Unit #,l or #,2 of Casa de Arroyo <Subdivisions. Mr.. Young explained, the requirement on Old. Lakeville. Road is for a ,60 -foot right -of -way and a 4,0 -.foot curb -to -curb street. The existing property'1-irie is of.a.sufficient distance from the curb alignment and if the area d`etscribed is abandoned, the proper road width would still be available on Old Lakeville Road.. Mr. Young then directed his comment to storm drainage on both of the pro- jects, i.e., Casa de Arroyo Units X11 and #2. The procedure is for ;the Sonoma County Water Agency to: approve the design plans, and _although.the Engineering Department does. not have this approval in writing, Mr. Young was informed by telephone today the Agency has approved the design for both of the units. Mr. Young informed the Council although he has not, as yet, signed the improvement plans which, are part of the subdivision agreement, this is a procedural- matter', and he intends to approve the.plans. At the 'conclusion of the discussion, the following actions were taken,: PROVE FINAL Resolution 417805 N.0 8., approving •final subdivision SUBDIVISION MAP -- map of Casa de Arroyo UnitAil, was introduced by CASA DE ARROYO UNIT #.1, Councilman Perry, seconded by Vice -Mayor Brunner, and RES 4178°05 NCS adopted by 5 affirmative l negative, and 1 absentee -votes. Councilman Harberson voted "no'''. APPROVE E:INAL Resolution #7806 N..C.S., approving final subdivision SUBDIVISION MAP -- map of Casa de Arroyo.Unit #2, was introduced by CASA DE ARROYO UNIT Counci -loran Perry, seconded by Councilman Cavanagh,, 'and RES 41'78:06' NCS adopted. 'by •5 affirmative, 1 negative, and 1 absentee votes. Councilman Harberson voted "no "-. ABANDON A PORTION OF Resolution #7807. N.C. . to summarily vac_at_e and abandon OLD LAKEVILLE ROAD a ortion of Old Lakeville Road in the City of Peta- RES 807 NCS luma, which portion has been. superseded by relocation and authorizing the City.Manager to* negotiate. sale or exchange of .same to 'the adjacent property owners, and the' City Glerk - to execute the.necess conveyance., was introduced by Councilman Perry,, seconded- by Councilman.Harberson, and adopted' by 6 aff- rmat:ive and l absentee votes. � ABANDON'A PORTION OF Resolution 417808._N,.'C.S. to summarily vacate and abandon SOUTH McDOWELL BLVD. a portion of South 'McDowell. Blvd. in the Ci:ty'of Peta- RES 117808 NCS lum'a, which portion has been superseded by relocation, and authorizing•the City Manager to negotiate sale or exchange of same to the adjacent property owners, and the- City_ Clerk execute the .necessary conveyance,•was intr.oduced.by Councilman Perry, seconded by Vice - Mayor and adopted by 6 affirmative and 1 absentee votes.. APPROVE FINAL SUBDIVISION MAP -- ALDERWOOD `SUBDIVISION RES 41780 NCS Planning Commission Resolution No. 25 =77, adopted June 15, 1977, submitted and filed. Planning Director Ronald Hall advised the area is located at the northeast of 'Ely:Blvd.,and East Washington Street„ and,` = is approximately 20 acres. The f. June 20, 1977 ►5q APPROVE FINAL developer is Wesley Bailey. The plans call for 70 SUBDIVISION MAP -- single - family units for- which allotments had been ALDERWOOD SUBDIVISION awarded for the 1977 -78 construction year. The site is RES #7809 NCS split by a reach of Washington Creek which is hydraulically (Continued) inadequate for subdivision development. It will be necessary to reconstruct the creek with some alignment to accommodate.the layout of the subdivision. Although the Planning staff realized there would be removal of some of the trees, they had hoped to be able to save some of them. Geological hazard' report had been prepared which indi- cated the site would be free from any active faults. An aircraft noise and safety assessment study was made; .however, it indicated there would be no problems, even though :the site is in close proximity to the airport. The Planning Commission recommended approval of the final _map, and it has been certified by the City.Eng veer. Councilman Harberson indicated if, at the .Planning Commission level, he had been aware all of the trees were to be removed from the creek channel, he would have opposed the final map. Mr. Ernest Vivas, a resident of'1745 East..Madison Street, spoke to the Council and indicated although.he was not protesting the subd- ivision, he was disappointed all of the trees had been removed' from the creek channel and hoped that the developer would replace the trees,`with a similar nature and size. Mayor Putnam asked the developer if he wished to comment on the matter. Mr. Wesley Baily indicated he felt they did not have any choice in developing the channel. They would have preferred to leave it as it was. The criteria for the development of the channel, which cost him approximately $90,000, was set forth by the Flood" Control District. The District required the shape, the depth, and the alignment 'of 'the channel. He would have preferred to leave it in its natural state., 'Mayor Putnam asked if'the channel was going to be re- planted. Mr. Bailey advised,they were required to put a chain link fence on each side of the channel. The Flood Control District. also requires a main- tenance right -of= way on the top. of the channel, and there must be a free road- way for the vehicles to traverse. Councilman Harberson indicated it was unfortunate Mr. Bailey had,to be involved; however, he felt on future develop- ments, the City should have some definitive outlines provided to them by the Sonoma County Water Agency and what their plans are with regard to storm drain channels. City Manager Robert Meyer.suggested the City work with the Sonoma County Water Agency at the tentative stage of subdivision I maps in order to determine what. type design they are going to require and whether or not trees can be salvaged in future drainage channels. Mr. Jon Anderson and,Somps., advised the Council.he had worked on the project many years ago and•,.at that time., made a great effort to convince the Sonoma,County Water Agency to save as many trees as possible. In the interim, the project went.to another engineer, and he.wanted the Council to know that MacKay and Somps had nothing to do with the design of the present channel. At the conclusion of the-discus - s - ion, Resolution 478.09 N. approving final subdivision map of .Alderwood Sudivision, was introduced by Vice -Mayor Brunner, seconded by Councilman Mattei, and adopted by 5 affirmative, 1 negative, and 1 absentee votes. Councilman Harberson voted "no ". APPROVE FINAL Planning Commission Resolution No. 23 -77, recommending r]/ SUBDIVISION' MAP -- approval of Miwok Manor Subdivision, adopted June 15, / 1(, MIWOK,MANOR 1977, submitted and filed. SUBDIVISION RES #7810 NCS Planning Director Ronald Hall stated the original plans for this subdivision was fo "r -11. u nits, but after having dedicated about 30 feet to the Old Adobe nicin School District, the subdivision would now have about 103 parcels. The access for drainage would be to Lynch Creek. Mr. Hall stated apparently the developer has no possibility of obtaining the connecting link from Monroe' Street, which would create pedestrian access to the school;. The map has been certified by the City Engineer and the Planning Commission I recommends approval. Mr. Ernest B. Vivas of 174-5 East Madison Avenue questioned the 20- foot - easement along the southerly portion of the property which belongs to P.G. & E. and also June 20, 1977 APPROVE FINAL had some reservations about tTaffit along Ely Blvd. as SUBDIVISION MAP -- it presently exists, Mr. Vivas explained a portion of MIW,OK MANOR Ely Blvd. has a 50 MPH speed limit. Mr.,. Hall stated SUBDIVISION the 20 -foot easement would require a reduction °in the RES #7810' NCS lot size from 100 feet to.80,feet. The area cannot be (Continued) restricted with structures. Mr. Walt Williams stated P.G:,..& E. .does not want fences on the easement. If there would be some maintenance problems, they would not want to remove 'fences. They have worked out an agreement with Pacific Gas and Electric Company to build gates on each of the properties in question in order for, P.G. & E. to have access to "the easement. The property owners can use the. areas., plant. lawns and so forth, but if Pacific Gas. and Electric Company needs to do any maintenance work,,they would have the privilege of tearing up the lawn. Mr. Williams also stated is a.10 -foo't easement in front of the property ' for under grounding utilities.. Mr. Vvas indicated he was g g not obj;ecaing to the subdivision and was not,protesting it;.however., he did indicate he had not been notified at the tentative map stage, and he does live ..within a 300- .f;oot radius of the subdivision. At. the conclusion. of the discussion,, Resolution #7810 N..C.S;., approving final subdivision map of Miwok.Manor. Subdivision,, was introduced by vine -Mayor Brunner, seconded.by Councilman Perry., and adopted by 6 affirmative and 1 absentee:votes. A NEZONE 1003. WESTERN Mr. ;Barry Parkinson spoke to. the Council. H&adv sed E. FROM COUNTY AI-B5 his home abuts "this particular property. The prgpos.ed TO CITY 17420,,,000. ordinance indicates,the area is to be p.rezoned to R -1- (ACTION DEFERRED. `TO 20., OQO,. Mr. Parkinson stated it was his understanding JULY.5,, 1977) the Environmental Design Plan provides f.o.r this area to be rural: He felt since the Planning Commission would be :studying a new Environmental Desigh T lan at their meeting on June 21 to cover this area as well as many other areas for the next seven years, it appeared to him the Council would be'predeciding an .important. and vital iss :ue,bef'ore the Planning Commission had an opportunity to ac,t on the Environmental Design `Plan. Mr. Parkinson stated it was his understanding the Planning Commission had filed a Negative Declaration on the property';, however, it.is a steep piece of land -and there are some problems with water runoff from the property. In addition, he indicated the area was located at a very dan- gerous corner and would create a substantial traffic problem. Mr.. P:arkin`son .asked the Council to:defer their action on introducing the ordinance until after the Planning Commis's.on had had ah,o.pportunity to review the Environ- mental Design Plan. Vice-Mayor Brunner questioned what the designation at the present time is on the Envir gn Plan. Mt., Meyer, the City Manager, indicated it was presently zoned rural, and the sstaff "s recommendation for, change in.the. new Environmental :Design ;Plan is 'to suburban low density'.. `This designation has not yet been approved by the Planning ,Commission. Kay Robinson then spoke to the Council stating the 'Planning Commission held a public hearing on. the, prezoning the previous .week. The only possible way for the,land to be developed is to .annex into the City and come in under the proper circumstances At this; point, City Manager Robert Meyer left the p.od:ium and addressed the N Council as a concerned citizen. Mr.. Meyer stated he lives with -in 300 feet of the subject property and he had not been notified of the public, hearing at the Planning Commission level. Mr. Meyer stated the staff report from the '.Planning Department to the Planning Comission dated' June 1-977, a Ccopy of which is on file with the. City Clerk, states "the. Environmental Design Plan designation for this area is agriculture/ open •space, which has been considered, a holding desig- nation until.proper -ty owners in this area request annexation." Mr. Meyer advised the. stat'ement is-not , factual however, this is what the Planning Com- mission was led to believe. Only at the, time of'. the request by the _applicant for this particular.rezoning was any consideration given to designating the area. as res dentxial. Mr. Meyer stated this is not the. City's normal procedure. The matter should have been made.part of the Environmental Design Plan review, then followed with the prezoning and the: annexation. Mr. Meyer also took exception to the fact the Planning Commission filed a Negative Declaration when there -is a, potential for nine lots n'the area. June 20, 1977 P,REZONE 1003-WESTERN Councilman Har-berson indicated there was a consensus on AVE. FROM CQ1UNTY.A1- the Planning Commission that an'E:I.R. would probably TO CITY R- 1- 20,000 be required, 'but not` at the prezoning stage. Mr..Meyer (ACTION DEFERRED TO stated. he felt the developer 'should be told what has to JULY 5, -1977) be done in order�to control .the, .drainage on the property (Continued) which may co 'st many thousands of dollars. Even in the state the ,property is now, considerable flooding is caused by the runoff on neighboring properties. After some further discussion, it was determinedmto'continue the matter until the meeting of July 5,. 1977, in-order for the Planning Commission to review the - Environmental Design'Plan: No was taken. ADOPT APPROPRIATION Ordinance #1250 N.C.S., the annual appropriation ordi- Fl ORDINANCE - -FY 1977 -78 nance for the fiscal year July 1,, 1977 to June 30, ORD #1250 NCS 1978, setting forth the appropriation for each depart-77- / _ 78 (EFFECTIVE DATE, ment and fund necessary to carry on the business of JUNE 20, 1977) government and appropriating funds for debt service, interest, and redemption funds was introduced by Councilman Mattei, seconded by Vice -Mayor Brunner, and adopted by 6 affirmative and 1 absentee votes. Effective date ordinance, June 20, 1977. AMEND CHAPTER 220F SUBDIVISION ORDINANCE TO PERMIT FINAL MAP APPROVAL W/O PLANNING COMMISSION REVIEW ORD X61247 NCS (SECOND READING) Planning Director Ronald Hall stated this action was F5� z prompted by him because of the time constraint for all p( of the processes by the developers until they reach the final map stage. Under the law, it is necessary for the City Council to approve the final map, but the law does not.require a final review by the Planning Com- mission. There are administerial procedures which must be taken before the map is ' finally approved by the City Council, i.e., it must be certified by the City Engineer, and the Planning Director must certify the conditions of the tentative map have been met. Since it acts as a time constraint, the staff recommended to the Planning Commission that review by the Planning Commission be abolished. City Attorney Larry Klose stated the Subdivision Map Act defines the final map as an administerial act. The findings the Council has to make are that the conditions have or have not been met. If all the conditions have been met, the Council would approve the map; if not, the'Council could reject the map. If ' rejected by Council after all the conditions have been met, the developer could go to Court and compel.approval with a Writ of Mandate. At the conclusion of the discussion, Ordinance X61247 N.C.S. amending Chapter 22 of the Subdivision Ordinance #1046 N.,C.S. to- provide that final subdivision maps shall be'approved by 'the City Council without prior Planning Commission review, was adopted by 6 affirmative and 1 absentee votes. Effective date of ordinance, July 20, 1977. After the adoption of the above ord- inance, there was a.brief discussion re- garding the matter and it was agreed final maps could probably be made a sub - ject of the Consent Calendar of the Council's Agenda. REQUEST TO ADD Mr. Arthur. Lafranchi, Attorney representing Tessie ITEM.TO,AGENDA Brazil,.who owns property at 39 LaCresta Drive, re- quested.permission to add an item to the Agenda. Motion was made by Councilman Cavanagh, seconded by Councilman Harberson,.and unanimously approved to add the item to the Agenda. BRAZIL VERSUS Mr. Lafranchi advised. Mr. and Mrs. Wayne Gardiner, who GARDINER -- VARIANCE reside at 35• LaCresta `Dr-ve,'are in the process of REQUEST adding an addition •to their home which will seriously affect the view from the Brazil home located at 39 LaCresta. Mr. Lafranchi indicated he had checked with 140 June 20, 1977 BRAZIL VERSUS the Building Department and learned there was a re GARDINER - =VARIANCE quirement for a 30 -'foot setback for the ,construction; REQUEST... however:, of ter' measuring_ the. setback, it is ;in fact. (Continued) only 15;.9 feet. Mr. , Lafranchi stated the reason for his appearance was because a' building permithas been issue'd,; there is .construction going on at the sire, and a great deal of, damage could be done as a practical matter, if not in a legal matter, if the situation had to bel deferred until the next regular: Council meeting. Mr. Lafranchi also stated it was h;s understanding 'the Gardiner's have, applied for a variance for the setback requirement. Mr. Lafranchi advised a licensed : surveyor had measured the setback, and after the information was given to the Building. Inspector, Rudy Lonac, he wrote a letter to the 'Gardiner's advising them to stop work, or if they continued to do further work, they would do so. at their own risk. Mr. Lafranchi stated the problem fa'c'ed by the 'Gard,iner''s would be if they continued to build on the site, and were not granted a variance, they would be forced to remove the improvements. Mr. Lafranchi indicated he would have preferred to have Mr. Lonac issue•a cease and desist order. He was, therefore, asking the City Council to direct. the City Manager to have the Building Inspector issue a strict, cease and'disist order until such time as, the variance matter comes before the Planning Commis'sion. City Attorney Larry Klose felt it was Mr. Lona_c's concern, which he shared, with the liability of the City in withdrawing a building permit without knowing if the matter was justified Mr. K1ose.f'ur.ther indicated he couldn't be certain regarding the matter, whether it 'would cause liability to the,Cty, until it is litigated. City Manager Robert Meyer indicated the matter had been brought to his atten- tion just shortly before the Council :meeting_ tonight. He did not° have an opportunity to confer with the staff or the City Attorney.,. City Attorney Larry Klose recommended the matter be.referred to the. City Manager to take whatever enforcement actions may be necessa"r-,y. He would like to have an opportunity to research whether or not the City would.be subjected to .liability. If ther.e'.are implications of.potential liability to the City,, conditions can be imposed to protect the ,City. Mr. ,Klose staged he felt the City was being, placed ,in a peculiar situation wherein they were being asked to act as a court. The City is not involved in a court action- A court would have the authority to issue a preliminary injunction or a restraining order, whereas the City does not have that power. At the conclusion of the discussion„ a motion was made.by Councilman Mattei,. ,seconded by Councilman Cavanagh, to refer the matter to the City Manager and City Attorney to take such 'action • as necessary. Motion carried unanimously. FINAL MEETING.FOR Mayor Putnam commented this would.be the final meeting V.IC'E= MAYOR BRUNNER for Vice- Mayor'Brunner and Councilman Mattei. She & COUNCILMAN MATTEL thanked them for their eight years of service to the community, both in the capacity of councilmen and vice- mayors. ADJOURNMENT There being no further business to.come before the Council, the meeting was adjourned at 1:2:45 a.,m., Tuesday, June 21, 1977. _ Attest:: ee k 'City C erk