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HomeMy WebLinkAboutCity Council Minutes 07/18/19771 �5 MINUTES OF MEETING: OF CITY COUNCIL PETALUMA,,.'CALIF.ORN'IA JULY �18 °„ 1,9, 77 4:,00 P.M., SPECIAL MEETING A Special Meeting:of the.Peta`luma.City Council was called to order.'by Mayor Helen Putnam at 4:00 p.m. NOTICE OF CALL The Notice of Call for_the..Special Meeting had been d- istributed.by the CityClerk as req -uired by law. The Special Meeting.•.was called by Mayor Helen Putnam.to discuss 16 in.the.,afternoon, rather than hol ding them over to the Regular Meeting, Monday,, July 18,, 1977. ROLL'CALL Present:;• Councilmen Balshaw., Bond, Cavanagh, Harberson, Hilligoss, Perry, and Mayor Putnam. Absent:: None. CONSENT CALENDAR Prior.to the adoption of the..Corsent Calendar some discusson.was held.regarding, two items which had.been included on'the Consent Calendar.. Councilman Cavanagh indicated.he preferred to have the•Claims and.Bills,, which had been approved for payment by the City Manager:,maintained:.under .City Manager's Reports, in order for the Council to comment in public. Councilman Hilligoss also indicated she,would rather have the Claims and Bills removed from the Consent Calendar at future meetings. Councilman - Cavanagh; quest -ioned •:Item; 1;1. briefly... nanc;e,.Dir:ecto.r. John. Scharer indicated the staff was trying to :determine prices. for printing the Hisaoric'Resources Survey and'report back to. the Council on the quantity amounts for printing 500., 1,000 or 1,500 booklets. After the discussion, aa motion was-made by,Councilman Harberson, seconded'by Vice -Mayor Perry, to adopt the resolutions. the Consent Calendar., Items #1, #3 and #5, to introduce the Ord_in'ance•for publication,, Item . #2, and file the letter from the League of California Cities, Item #4. Motion carried unanimously. Agenda Item #1 APPROVE. CALL FOR BIDS HISTORIC RESOURCE STUDY RES 47828 NCS Agenda Item, #2 - INTRODUCE ORDINANCE TO.REZONE.587, 807 & 809 LAKEVILLE ST. ORD 41255 NCS - Agenda Item # 3 CONSENt' TO "SIDEWALK SALES ", JULY 29 & 30., 1977 RES 47829 NCS Agenda Item #4 LETTER - LEAGUE OF CALIFORNIA CITIES RE LEAGUE HQ.. Resolution * #7828'. approving specifications and F-5-74 calling July 29, 1977 for printing Historical Survey was adopted. Ordinance 41255 N..C.,S. amending Zoning Ordinance 41072 N. ;C.S. by reclassifying and :rezoning A:P. #7- 111 - 47, 7- 111 -48, 7 111 -.49 and 7- 111 -50 (consisting of .5 acres) from M =L (Light Industrial) to C -H (Highway Commercial) located at 587, 807 and 809 Lakeville Street (Elmer F_sk) introduced and ordered published. Resolution" ,#7:829 N -C?. S. consenting to Sidewalk •Sa es,, July 29 and to be held by the Downtown Mer- chants',Association was adopted. Letter dated June .28,. 1977-addressed to City Council regarding the -new League Headquarters building in r z), Sacramento was ordered filed. 17 (a- July 18., 1977 Agenda Item A5, Resolution #7830 N.C.S approving claims and .b .11s_ Nos. APPROVE CLAIMS 2621 - 2633-inclusive,, General. City; and Nos. 499 - 501 AND BILLS inclusive- Water,, approved:. for payment. by the City. RES #.7830 NCS Manager was adopted. LETTER FROM 'HARCOURT . A letter d City Council,, by'Mr from thetfi -Mayor and BRACE JOVAN \ at', rm of Han- ,OUICH INCA. 3800 LAKEVILLE HWY. , court•Brace Jovahovich, hnc..„ was : not. r -ead.by the City PETALUMA•, ;RE' WATER Clerk: Cop =ies of the' Tetter had. been..distribut_ed .to ASSESSMENT,DISTRICT the.Couneil and staff. City Manager.Robert Meyer . sug - gested the matter be.re£er -_d to 'the Water Commission for their consideration..and recommendation to the."City Council. Mayor.'Putnam 'd'irec'ted the letter be referred to the Water Commission, and the:actidn.of the C Ommis- sign returned promptly to the City Council. APPROVE ,REQUES.T 'FOR Letter. dated July l4 1977, addressed .tu .Frank.. Gray, BUS SERVICE -=OLD ADOBE Community Development and Services Coordinator, .from FIESTA DAY,._AUGUST -21, Ross. Smith, President df the Petaluma Old' Adobe, Asso -_ 1977 ciation, was read by the City Clerk. and. order =ed filed. RES ;47831 NCS The Association wol again, this year,-like_to 'have, bus service from, the downtown area to the „ Old Adobe State. Park. on, ;Sunday, August 21., 1977. APPROVE INTERIM BUS A Metter•. dated May- 31, 1977 ,,. directed,..to Mayor..., Helen . _ _, ._ ` •SERVICE TO LEISU °RE' Putnam by Evelyn M.: Walker -; Secretar_y, Leis "ure hake ' LAKE MOBILE HOME PARK" i".1 Mo,bile•.Home Park,. - was read by the City ..Clerk. and - ordered RES #783 NCS filed. Attached, - t`o the letter was a petition from res.= id'ents of ;the, mobile home park requesting the City to I., bus.service to the area ..F -nante Director John Scharer reviewed ,a memorandum: he had prepared dated July 15, 1977, for the City'Manager, - outl- i_ning °'the, alternatives the. City- could.. pro- Vide on 'an, interim. basis. A copy o'f'the memorandum ;is on C file with, the City ' C - lerk. Mr. ' Sc'har -er indicated, when the County of Sonoma comple € "es the 'realign- meht and signalizat on of the Corona 'Skillman :Lane Petaluma Blvd North intersection, Route 111 wlfich serves Sonoma State College, could be routed to serve Leisure Lake Mobile Home.Park.• The anticipated date! for com- plet on is December 15, 1977. The:; other_ alternative, present ed by Mr.. Scharer was to have one bus which would b'e, :available until, the. latter:-.part, .of August, provide interim service fo `;Leisure ;La-k Mobile 'Home Park. This. wou °ld . b.e. a test route for approximately six and would cost about -$'4',00.0:. Mr. Scharer indicated the funds arse available - in TDA funds. At the completion of-, the 'test period the ridership could be eva;lua' ed -and a determination :could be made whether.. or not to run the bus on•a daily basis or serve the -area on 'a less frequent schedule. Mt. Scharer also indicated 'he felt there would be some ridership - generated from the K..O.:A:; :Campground during the summer monthsr. Finance Director John Scharer stated last year the City ran t.bree :buses. f -rom 10':00 a.m,. to 6:`00 p.m. and ,carried - 529 passengers. City Manager Robert Meyer indicated the request - had not, been "brought bef'or'e the - Council or the 'City - at Budget time and although he. was not opposed..to-providing the service again this. year, -he sgggested,,t;he •Old ; Adobe Association ,make their "request along' with other organizations.' when budg;et:s are dis' cussed ,- in -- the,. month rof. ;March;:- =Mr Meyer further .suggested the funds for the service. - for this one day' be °..taken from the Transient Occupancy Tax Fund,. At the conclusion of the discussion, `Resolution #7831 NX..S approving the: re- ,quest of the Old. Adobe Association• to provide ,transit service Old: Adobe Fiesta Day, August, '21, 1.977., with funds 'to: be -taken from - the Transient Occupancy- Ac- count, was introduced ,by.. Vice - Mayor* Perry seconded by Councilman ,H lligoss,, and adopted by 7 affirmative votes. July 18, 1977 . APPROVE ,INTERIM BUS :. Mrs.. Walker -..and :several. residents .of the Leisure. Lake SERVICE TO `LEISURE .'. .Mobile Home; Park were-present--a the Council Meeting. LAKE.''MOBILE 'HOME, PARK 'Mrs.. Walker- - spoke - in favor of providing bus service to RES #78`32 the mobile home park, and :,siat'ed they would be satis- (Continued) fied they had °service a,couple_ days each week. Mr.. Scharer indicated the estimated cost of $4,000.could be as low a s.$! , 2,500... The City has contractual service to provide - drivers:, and it would mean additional.,.bus. hours. He also indicated he could not promise the people;at Leisure Lake Park they would.have half -hour` headway.service.. Staf.f will use six -week period to study. the .problem •and. make some - recommendations, when, :a� r,egular system could be available. This; • of course, would not.happen until the intersection is com- pleted'.at.Corona.Road, Skillman.Lane -and Petaluma Blvd. North, .because of the safety factor. Mayor Putnam asked..Mr. Scharer how soon'he would - ant- icipate.the service being started, and Mr. Scharer indicated it could be as.early as.the end of the week.. City Manager Robert Meyer-felt it should be clarified and the,people should be informed .that even. though the' Council...might ap.prove interim service. with the funds available., it may not be -able, to continue:: Mr: Meyer. also . there .would be a void between.:the,end of.Auguste and when the intersection would be completed when no service could be provided. 11� At the conclusion of the discussion,. Resolution #783`2 N.G.S.-approving interim bus service. to Leisure.Lake Mobile Home - Park; Approving expenditure of TDA funds therefor, was introduced by Councilman Harber:son, seconded by Vice -Mayor Perry, And adopted by 7 affirmative votes. REQUEST FOR City. Manager,. Robert Meyer- ,'_stated..he had. received . a. re- F/ Q5 :. ALTERNATE „WATER .SO.URCE ..q.uest from. Dr:. Alf red, Bettman, ,the leasee. of. the Lafferty FOR LAFFERTY.`RANCH- Ranch.,,_ for p.ermi'ssion, to. exp;lo re::.an water source„ BY DR. ALF.RED,.BETTMAN either by constructing a earth fill dam, or drilling - - -DENY EXTENSION OF a horizontal well.. The present lease Dr. Bet-tman.holds on LEASE the Laff erty.Ranch will expire January., 1 -981. Mr,. Meyer RES X678 NCS advised the. City..Engineer..would have no objection to plac- ing a dam on the property; however, it.would.not be-suit- able for use..by "the- City as a water supply source. Dr. Bettman addressed the Council stating he had..conf,er:red with Mr. Leon B.. Pierce of the State Department of Agriculture,. because he -was not. getting ',complete utili- zation of .pasture on the' land. He.:is;., only able to-,use the lower one- third of the range land .- because the animals 'stay, "in. this area where there is a:water - supply. There is .no source of water: at; thei_-.top of, the property. Mn. Pierce - indicated he felt it would be a - good conservation. practice. to impound water in - a. small. earthen dam. Dr Bettman indicated he` would -be willing..to pay for the construction of the.damif the City would extend his-lease-in, an cost of the development. Dr. Bettman indicated the approximate cost would be $4,000, which would equal about a two-year on his lease.. There. was. some .discussion, regarding building -a. dam versus drilling -the.hori°zontal well which is estimated to co's't between $500 $625.. Dr. Bettman indicate& even if he drilled the well, he wou & mot be.assur•ed of a source of water. Councilman Balshaw - .indicated -he. would not be.in..favo.r of extend ing.,the 'lease :on :the Lafferty Ranch beyond 19.81,. He felt the City should explore.other uses for the property. He also ; stated if the Leasee. was to provide an alternate ;source .of water., he would benefit by the ut'lization,<of the property for pastureland: After- ;some.further discuss -ion, the: Council determined they would haveno objection to Dr,. Bettman either dril-ling -a. -well or .buildIng;_a. small earth fill dam on. the property; however, they were not.: in. of . extending -the.. ..At the-conclusion of the discussion, Resolution,17833 N -.C.S. authorizing - the. installation of a well ox dam - on . the ,Lafferty' Ranch ; by. the :tenant_- with 'rio change .in the status of the' lease, was introduced. by Councilman, Balshaw.; seconded by Councilman '.Bond; and ado,p.ted_'by. affirmative votes. City -Manager Robert Meyer indicated the• resolution .should, include *the fact that . is needed from the City'Eng- ineer <and the:Direct'or of Water Utility Operations. July 18, 1977 REQUEST FROM'FAA TO City Manager Robert imeyer:,.referxed_to, a­16tter% datbd - ABANDON UNDERGROUND May 31 , - - 197 - ' -directie-d Mayor Helen Putnam fr6m the UTILITIES Federal-A on Administrat ion. requ permission to 7 Abandbn,�the­.ca.bleO which:'had served the:Idecommis" .s ioned.: CONS OLAN facIlity.near Petaluma. Mr:....,Meye ' r..sug- gested the T Council ask. -the.IFAA. cables as it would be convenient for them to reactivate7th6i.C,ONSOLAN,.tower, The lease is paid through June 30, 1977 ,• -and the° Fed eral 'Goverfiment does'�not intend to the lease on the property.. Mayor -Rutria-m'. Asked if any action the Council's part. , City Attorney Larry Klose indicated - although - he - : has - read t-he, time, he believes, it -requAr esp -the,.- removal zurile s 'the Oi:t.,y He asked permission to review the lease further before the Council,,takes: action. GRANT VARIANCE FOR C ity Manager Robert Meyer advised a letter 'had been NEW 'WATER 1',CONNEGTI,0N=_ , received from Krageri:, Afito' Supply Company ,dated July 15, KRAGERAUTO SUPPLY 1977, reqilesting'..a 'theccur-,r.ent'..requi-r-em kES' #7834 MCS = to pr6vfde. their` , own means ofwater. 'Und.er. the present ordinance; - Mr,.:. - Meyer explained,-.. it: would be f or the .`Cbunc t o' take action. .Commtlnit-.v:,,DeVelopuf6n�t and Services Coordinator Frank'Gray it would 'be impractical to the applacdfit, to drill. their- own well..' - The use' f or --the -f acility -ivould, b.e* very small and - from the: f 's vie'wpbint, Mr; Gray : felt" it would - be_apprqpriate•. - f or -: the • 'CoundIll to grant the? Mr.. MikeRowick, the architectfor the.project, spoke to the•Council in_ of granting the variance.. Mr.'Howidk.'explairied begins, operation with five" full -Mime employees Arid three par=t­rtriifie..6mployees, and the store would be open seven, days per, week. The.'average be 40.,gqllons.. per , day 'per y persbn., they would defer until..water.wo.uld..b.e'.availablei Resolution #1834 N,. cial ox-Industrial constructi6n'. (Kragen. 'Supply) was introduced by Vice- Mayor Perry, second"ed by -Councilman HArberson, And adopted by 7 affirmative votes STATUS 'OF-WATER WELLS City Mana g er .. t Meyer r ep or-I ed.the being AND AQUEDUCT drilled by t­he. nearly ready-td , go• -irit-o :op ' era- 'tion. At, a.-meeting. of. July 11, °the., informed t he new' estimate f rom 'the. Sortoma.,County Water':Agpndy i they can' " supply the :City with-5.7 mi:llioh_'.gd ' llons of.. water. _day`, - which -30' - i'No,-�.embet,, i s a' percent :reduction from _last� 'year, ,through,, and intu an&:p the 15th of' November-:... At' time,, - the_Cbupty_'_should ',.have their 0thd . in'- operation, and on'-the-. line. .Mr. Meyer stated, at the ',',Iast- - . meeting : - : the. Water' .Contractors , ."they: recommended to the Board of'Supervisors that they look-very closely at,water being mined for use outside..'of the* County.. . There:- - had,-beeri:. , a".reqtiest , :f r:om. a,:apriv.ate dual lin! County to buy Sonoma. ,"-wgter-..:- The. Cbdrity•.-has':- al'sb..'digtbri- tinued supplying water' f'0r'1res -;in , the - C(ounty.whose private wells have gone ' dry;, but-are- continuing - t& , haul­to the dairy ranches-. AMEND . WATER' _ORDI I . 'City Manager.. gas ordinance TO PERMIT "ODD/EVEN" is now writtery-, residents, are permitted to water �\ \ IRATIONING; the- odd, days.:on the'. east.j. side: .of. the -- community, - .'and - , ORD It,'1256 . 9CS - on , even;- ndmbered`. .. d ays , ori. the,"west 's ide, . ­,t-he com=: munity f or , onl y: two . hour.& per- -day between 6 c,00 p. and 8:,00 p%. After reviewing the situation on the wells arid what can be dellve,red, - the: .Sbn6ta.: County Water. Agency., . the; WET - Committee i-s City ­r',,eturn:.to: simi in effects la yea•Mr.:., Meyer . Of Water ,.U, , til-i-tv- Oi3era7 tion&.would still have - the"autho,rity: - Very.;.hot. days, to,.Iask. people to.-ref rain from`watering A.'difficul,t.y,-,h,4s!.';ar sen to cite epeople: .for. using water outside of 'the', allotted since, - the City has sufficient water, the ordinance is difficult to enforce. July 18, 1977 AMEND WATER.ORDINANCE Councilman. Harber,sbn indicated he, did -not.:feel.the City TO 'PERMIT." ODD /•EVEN" = has 'experisenced the. very host days so, far. this year - as RATIONING encountered ;during `tl e last summer,. and. he would" be ORD . #12 :5'6 :NCS reluctant to ge't .peop-le',s ,hopes, up and then have ao - -cut (Continued) off the water:'agan; r.. Meyer. indicated there. were some warm : recently.,, and he was suprised the water usage did noa'go over 4.9 million gallons per. day. There 'would• still be a .provision..in the ordinance if a very -hot spell lasted .for three or four days; the.Ci.ty would have the authority to ask.people to discontinue watering. Mayor Putnam suggested since..the;`matter had been.discussed.at the Mayors' and Councilmen='s Meeting in -Rohnert Par.k agencies within the-County keep each other informed what :;mea'sures,-are being taken.. At the conclusion.of'.the discus'sion;:Ordinance: #125.6 N_Q.S., amending. Section 5(b) of Section'15.18.050 of the`P.etaluma,Munic pal..Code to provide for.resi- dential. irrigation on odd- numbered.,days - east. of Highway 101, -and. on -;even - numbered days west of said Highway.; -was. introduced.by Councilman. Cavanagh, . seconded by Councilman'Hilligoss, and adopted by 7 affirmative votes. The ordinance :contains an urgency: clause which makes it effective upon adoption. 09 APPOINT CITY..COUNCIL Councilman Hilligo :ss,'explained,. -the City'_s original. COMMITTEE TO; REVIEW - charter named. - :,the. City Council to ,ac.t . as a . Board of F�� 73 ASSESSMENT PRACTICES Equalization.. was then passed on to the County RES' #7815 NCS. as it•was more,. economical.. In the' meantime, the. Council has no :t.been.,concer.ned.w th.assessment prac=tices. She, felt :.since - :assess men,ts had risen so drastically t his . year,.: there .should :be ..a Counc1l.. committee. to confer with the. County Ass6bsor.to Petaluma:. assessment practices are par - allel'with those used in. other Sonoma.County= communities. Mayor,Putnam asked Couuncilman_H lligo ;ss.- and;<Co,uncilman__Cavanagh i,f would be _willing...to.. serve,. on,' ,-the ;Commi :t.t.ee A and.. she;,. indicated ..,,;she..woua "d,.,like :: to,...,be_' included as the,third member-. Resolution, #7835..NX.,S,. .appointing.a.'Council Committee (;Councilman Cavanagh, Councilman Hilligoss and Mayor :Putnam); to review and examine. the, practices of the County Assessor -in the City of Petaluma, was introduced by Councilman Hilligoss; by Councilman Cavanagh, -and adopted.by 7 affirmative votes. APPROVE AAU' SANCTIONED • A letter- dat=ed, July, 10; :1977 , directed to Mr.. .Jim .Raymond", SWIM.MEET AUGUST 27 Director: of Recreation., by Judy. Fos :ter,, Secretary of the AND 18 ", 1 Petaluma Swim %Club,. is: on fife with the City _Clerk. Ex- ' RES #7836 NCS cerpts of" the minutes of. Februar=y 22, 1977, were. referred. to by Recrea :t ion - Direc.tor Jim Raymond. -At that.. time the Council - deferred.ap.proval for this swim meet in.order to det.ermine. whether the meet could -be held - in the morning. and evening hours .and keep the pool free for 'afternoon pub.licW.:swim. Mr.- Raymond explained the meet is -a. major' event sanctioned.. A :A :U. `for Nor.thern.Cal- ifornia. He, had: contacted the officials at A.A.U. to determine the meet could- be..held in the morning'and even -ing :hours; however, because some.of. the participants travel great distances, the meets are not permitted to:start befor 9:.00 a.m. Mr. Raymond indicated he felt the pool free by 4:30 or 5:00 p.m. Councilman Har.berson.: indicated .he..felt_ the.,Council had deferred the. ac=tion. on Yebruary',22,, 1977 for two - reasons'., One. was . because of the anticipated: wa-;ter shortage, Arid the- o :the'r. was_ the closing. -of`' the. pool on a, weekend which•.mdy be very warm. He'did. feel,­_ it ;was, justifiable to permit this competitive meet in the -City of P :etaluma and was in favor of 'authorizing.the use of the pool for the A.A.U. Sanctioned Meet':,., Mr. George . Thut, of the Petaluma .,Swim...Club was 'present and .spoke in favor of con - ducting the meet in'Petaluma.:o.n- those :dates. At the 'conclusion of the d=iscussion,. Resolution, .M - 7 , 936 N.C.S. approving the:,use of the Petaluma Municipal Pool_ on August' 2;7 and. 28, 1.977', to conduct an A.A.U. Sanctioned Swim Meet was,. introduced - ,hy-Councilman.Har:ber-son,, seconded by Coun- cilman Balshaw, and adopted. by- 7.affirmative votes. � OO July 18, 1977 ESTABLISH FIRE ZONES s Fire Chief - .Joseph •E 'exp cried ahe:: ordinance ybefore - ENACT' CHAPTER 7.22 the - C ''ouncil.::for�l-introductiori, would ,.establish..a'iridw �Fir,e P MUNICIPAL; : -Zone. 11. He':outlined;:.by:_means of the. view.foil, 'the_ ' .CODE , boundaiires of %the::proposed dkstrica_ and: explained !by ORDg #1257 'NCS' ' ,g thdraw ng:'T re• Zone -#1,_ it would ,conform with.'the: Zoning..*'Map -. .. . Presently,' there ar - "e' :some "res'denees loca ed =:in :Fire .Zone ��l .wli- ch,Icould ,:be.'cori- g r p ble. th ; ..area : , Since they vented to off ice. buildin s: and'�iaould;rb,e•:�com ati wi are now located in Fire Zone.--#L, the requir.ement's are, such that; - i.t_rusually'.is: not economically feasible for owners, to convert the bu•ildying's -, Chief Ellwood_: explained when the C ty'`rece ve(I its last °:f re'' theCInsurance::Sery ce ` Office. (IS.0) did- not -'= consider Fire `ZOiie #l. *, - but merely•:the� downtown.,)bus ness district. Chief Ellwood. felt• in the , very' neart'future. •ISO will'.- iiot_:re'quir = =e , fire zones to be stipulated. The designation of the :zone'. is the op.ton of. the City:: Thc'.changet.in,'the fire z6ne would tip t'-ef_f;ect the C kty,,',s : _arat:ing, 'bait:. it .does 'give a";little mor'e•'leriien'cy , as! far =',as building. 'ctions' are: concerned.. Chief-Ellwood explained 'the "area's to be ::excluded from . Fire, - Zone #1 have.:. m'ilx o,f buildings =, as _ we'l`l as va.eantl- >1o parking :lo;ts•,:2etc,;. - At `the conclusion- of 'his pr.esenstation, Ord'inanc'e:.J125i7 ,Y;C'..S _ establishin.g..fire zones within, the City of_ Petaluma_ by :enact,ing: a new. Chapter. 7. 221 to the Petaluma Municipal Code, was introduced by. Dice- Mayor' Perry, seconded by' Councilman , Bond,, and ,ordere& �by . 7 affirmative votes.. t' .. : AUTHORIZE `GRADING Assistant C `ty.'Ep''g veer- .Thomas "Hargis : advised, the.:devel- \ AGREEMENT''FOR . op,ers .for Casaade_,Arroyo Sulidivision. Units #1 and #2; are CASA' DE'.ARROYO requestjng permission to: proceed with their grading of r SUBDIVISION ' the ro: ect. Mi ' IH.a,r -g s eXp'lained_,the..map •and plans have RES V78`1T'NCS been a pprove d'.'.by'the r.0 •ty:Council... r ; Mr Douglas Weeks of Feature H "omes�indicated. their, firm has not. been, able to; c'ompl'ete the..b proce'ss,. the tf. ria'1; :lettefs, .w Hl,..no,t'.:be available to- _ltIi'em f or about - 10 -days-.- : They . would�l!llike :ito'-�e:dhereF °to the,,• t ime'.'schedule ° : -f :or ,d'evelo:pment and have the ,public improvements in•.be,fore -the rainy`k,..season� begins,. ' Mr .;.".Weeks asked if their firm would be able to provide. a bond to the City equal; -to what it .. would cost - f:or restoration -' of - f the "sitb: if °•tlhey • wer:e unablei to, fulfill their d'evelo.pm6A,t_. He estimated this twoul'd'' total - .between $3.9',000 :anf, $'.40.,x00&. : istant y En g•ineer``Th'omas. Harg s." indicatea'.•what the City, is!, r,equ r:ing..:is the cost of. labor and materials,, which.is" normal- in 'any,4gr.eement. .This bond' would protect. the City, .from any claims by The developer''s 'contrae'tor. during! . the grading The' additional amount - :is , f'or1 re "storat on of.- he : project, if -t'. -was aliandone'd, to clear up; any•• d'rainage.prolilems, Mr.. Weeks.indicated he cowl "d under's tand the` G ty' s: reasoning,' `on,= the' bond; .arid would. have no : obi ec tuio :. 'When -asked 'by Councilman- Bd- lshaw, 'the, t- ime : :fo :r completion of the grading, Mr, 'Weeks indicated ' °t, "would • completed ;. hopefully, within 30, 'days -, Resolution "i7837 N.'C : authorizing ngi of. Casa de.: Arroyo" Subdivis on and, authorizing- .-Mayor - torsign agreement: :therefor- ,.• :wa ; ntroduc'ed:.b.y..Co:ui ci•lman, H 11 gos_s�; ­seconded by Councilman•'Perry .and°,adopt 7,.affirmat' ve votes c DENY REQUEST--JOHN Assistant City Engineer'.ThomascHargis,stated the.;ma.tter J: CLEMENT TO WAIVE had`'been discussed : ; at . th'e- COv.ricil,.Meet ng , of - REQUIREMENT, FOR' PUBLIC' 1977. Mr. Clement:'.'s •request. was to. * build -.a: single; " - . y y e' lot a,t the to of`-. Berger :-;�Lanei. IMPROVEMENTS-= BERGER' famil sres•idence, -on the: p LANE When, he requested: a .building .perm't.,: he; was ~advised RES . #7838-'NCS> ' the'Council` Pdlicy� Resolut 'on• 45430 N : ,, :S. woul&re,, quire cer;tain..pub'l c.. improvements . '. In, ord :ef - :to :pro- vide. water and sewer service.'to: this lot. it would be iecess .ry to` extend the •'sanitary' sewer 'and'.water.. nairi's down :. Berger .�Larie to Magnolia: Avenue, and provide •one= half:.:str;eet,.public, improvements' "across: the.. "frontage of his pr•:o:perty, including..curb`s, gutters, and sidewalks.. At the prior meeting, there was some. 'confus.iori regarding 'an.•easement..whic- h :;go.es through the Brocco property fronting;on'Paula.'Lane Mr­ ..0 ement :.has supplied the City Engineer' with -a title-report. for -this .,pioper .ty..whic'h,.';shows :4•it- is a. 10-1 oat private easement that' could , be `used tfon private`.: water . and': s_ewer,: ser- vice.. It is the. applicant "s .desire to get the water . and sewer, through the private easem.ent.. July 18, 1.977 iii . 'DENVAEQUEST - JOHN :'-' Memorandum ..diitbd,.Jtfl. -.1977 ', from ,the -Pla'n* ing."Di" T e.As signi n . 1 WAIVE- to And-k&a.ta&ther - _-.a.�signi REQUIREME FOR' - P PUBLIC potehtial for f uture develb, In.'. 'h ,p t t e.. and IS.-! i.MP90V : that. full: street eces�sar_y ,, ohr�, o.. LANE. will be fi' t_er­.'giei�,�'Laffe. Mr. Hall. further RES; ff 8,3S 'NOS 7 indicated ­the. - City , is -not, pant to the � creation, of ' (Continued) easement e . - across tl�e,,prop r.ty owned by Joseph and. Margqrq_t-: Brocco, 'and t - easemeht 7 is.itidt a, puVli6 utility easement. 'Mr. Hdrrg s.also - -ina ieateA_there has -been- no.-change the II.ire. Marshal's: r.dquirekerit 'that,-, if ire hy4rant,, be ins Uilled. *to iservice.the. property.: -Normally, fire hydrants-come: I off df' •p ublic,mains.'4n'd public. streets, but it'would :be''corff'E f or Mr'.'.•'Clet&nt' to-:"have.. .Vrivate.­fire hydrant: oh the lot. 1Mr; john Clement' n sp­bke.`to . the 'Gounc-ifl..-': . He .advised - the, , l ands , to'the west of t h pro� -w h ere single - family to build sInglesingle - family :resid idenc:e -are, in,-. - County.. pprty IT6 p,r&Vfd6' the . improvements required -& under- the' . -Policy Resolution #5430 of, - dollars. ,,, He also ,indicated it .was - his t .14..CI.S. would cost him many t y undEirstafid ing, the,'Brocm famil.y . the: private. easemerit, their property. to be used : he Ielt!:onel of.-, the:_requfiem_ ents placed on the pi7qpeity'whdii the Brodco's put-chased-it-was that the water sewer line could o 'i-hrOughzto service the - lot. he. develop . The question was raised whether or,not.:Mr,.,' Clement could come in."at future date for a lot-split, on this particular.- p=iec of land. Mr.. Clement. indicated the house he,pintends to -build would be located on -the Iand*.An a manner which Tlebuld make -,ii unfeasib f -o svii'C'tfie lot. Joseph Brocco; - the _ow'nee­o.f­ the , ptop , r,ty_on_Paula,.Lane over: 1which , the;,Drivate eAemehf; rifns;, - sp&ktt. 'to, -the 'dbuncil, - and-said' his:.. intdrest. was, to.. make,'su"re, that all the'' issues were" clarified.. ` He •sta,ted,'wheti,_ he .'Bought..!. the 'property, 'Mr. A, ig"eibrd wanted' to sell - the, entire: parcel however the' Brocco 's were, unable.., to do tfiat a'f the Vime.., and�-fhe,'Io,t'8pi-it created.,,".- purchase • 4 ."cif . ..the-:,prop,er-ty,.. , .Vas .thd..pi7,i easement ,T.he, 'am6ikit,of 'land s cap ed ar ea. "H d. Eng-ineer...rega-rding the wa ter* °pre's'sure at that end o Paula Idn­'e ­ and' wondered the, f ire 'hook -up would be., Some suggestion was 'made -If the area,.-was'.-to be developed, assessment. distric:ts could 'be created t6 'p'iovide the ublic improvemensts.. Community Development and. ! SerV'ices'�"Cooidinator.•'Frqhk- Gray," hpwe v er, , - poin - ted out for-Mi. 'Clement" to complete Iris' -pr 'he. 8�sEissiiiiE�iit's. 'ag4�in's,t, the property could oje'ct'..and t .�rop`eriy d " ZA_ t amount-to about' ;$100',000. ' Cbuncilmdn;:Har.berson Mr.,. - Bkocca ; had' asked some questiofis whichhavO, 'not • &een: a nswered: . swere. s s i s*,t ant; Giy, Engineer.`' stated. as ' . . 1 - � I _. i .., 'A ' . ' - r 'As water pre ssure. -i concerned_ 0 th6,'City. would be able - to dire .service th'is:...6rie 'Ib:t,-,. but above a. certain, .they would not. - be able to supply 'service. Anything higher on..the hill, would require a� pressur6. Sys . t6m_ 'The house in question, howev I er, lolis;,below.. the' e 160 ft. and 'Could be - - served Mr.. - Hargis.-indicated he could.. not.%.speak. ditectl'"' f or the .Fire'Chief or the Fire Mdrshai but he *would assume the requirement f or the fire hvdrant. would 'be to plate it -on Berger Lane. There being no further 'discussion on' the, matter, Resolution #783VN,.C.S,'- deny-- 'in : g. the - r , eque I st of - J. J.* 'Cl ement to wai , ve-t the City% policy regardirig....require- meats for-public improvement's on Berger_ t- Lane�,-was inroduced,by,.,C , ouncilman Balshdw, seconded by Vic Petry., and adopted.by affirmative votes. ADJOURNMENT there bding­fi'o'_ business,-._.td.__cqme be-fote the Council -, the-meeting adjourned. at -6:25 p•.m.. Mayor Attest: Cit-VCler.k MINUTES OF MEETING OF CITY COUNCIL, PETALUMA, CALIFORNIA JULY 18,, 1977.: REGULAR_ MEETING The Regular Meeting of the Petaluma' City Council was called to order by. Mayor-- Helen Putnam at th.e 'ho ,'ur of 7 :3.7 p,,m. _ ROLL: CALL Present: Councilmen Balsh''aw, Bond,, Cavanagh,, Har.berson, Hilligoss', Vice -Mayor ,Perry,, and Mayor Putnam. INVOCATION In the absence of the ' Reverend Michael Cleary of St- James',Chur-eh,"Mayor,.Putnam called, upon Councilman Roland Bond to .give the Invocation,. PLEDGE OF ALLEGIANCE- Mayor Putnam led the Pledge of Allegiance to "01e ;Plug. n PUBLIC HEARING -- AMEND Planning 'Commission Resolution No-. Z8 -77, adopted June ZONING ORDINANCE TO 7, .1977 submitted, and filed;, excerpts of the Planning PREZONE1003 WESTERN Commission Minutes ' of June 7,;1977, submitted and AVENUE, FROM COUNTY. filed; Planning staff report dated June '2; 19.77' directed A17B5 TO: ,.CITY to the Planning Commission, submitted and filed:. R -1- 20.,;000;, •(EINER PEDERSEN) - . Planning Director reviewed the staff, report' ORD , 1253 NCS . which described 'the subject propefty. - 'The property is (SECOND READING) in conformance with the General, Plan designation of low DEFEATED density; however.,, the Environmental, Design Plan.desig nat.es the land as agricultural ,and opeii'..space. Mr., Hall !stated there would have to be a change in the Environmental Design Plan to ac.commoda this prezoning. At. the Planning Commission level, in considering, the Environmental Design Plan, the Commis sioners felt this property, and other properties in the area, could be changed from County "A" and open space to suburban and low density residential. There have been 'other requests for: outside s.ewe.r and water connections in the general neighborhood,, The rezoning of this. particular parcel,, it was felt, could . eventual=ly lead to the 'development of nine lo s. 'The staff ; felt 'there were some environmental constraints and the number of 'lots should, be reduced. Mr:_ Hall, indicated at the Planning Commission ;level, testimony had been given by resident =in the, area.' .He also stated there were some property owners who had. not been notified, of the Planning. Commission hearing on. the * matter ; ` however,. the burden, for' providing the '.list .,for mailing falls on the developer and the City sends out the notices of : public hearing There was some discussion re..garding:notif'ication of s within the peri- meter to be ;notified regardin.g're onings, and it was suggested the City assume this responsibili:ty.- 'Mr. Hall indicated' this could 'be assumed b y the Planning staff; however, the City would have to be provided with updated lists •of Assessor's Parcel .printouts', City Attorney Larry Klose indicated any defect which may have occurred: ;the Planning Commission level had been correct'ed,wh:en .the Ci°ty.Clerk sent out notices for this pub:li:c he.a Mayor Putnam, then. ,opened. the Public Hearing. Mr., Bernt Bergstrom, 10 Wooddale Drive-, Petaluma, opposed the rezoning stating he already has a. drainage .problem on his property due to the hillside property and felt further development woiild cause more problems. Mr. Bergstrom also exp.re.ssed concern for wildlife is the area. Mr. Barry Parkinson, who resides on Hill Drive:, was the next, person, to speak to the•Council in opposition to the rezoning-,. 'Parkinson indicated he felt rezoning of this piece o:f property, which is adjacent to his home and other piece of property he, owns,, would be "spot zoning ". of a very small area which is semi -level to very .steep. He,fel.t the Council should 'look at a larger area than the 4.78 acres.. Mr. Parkinson also indicated he has a major drainage problem, apparently from this particular. piece of land ,- Mr,. Parkinson also 1 I I ... . Judy 18, 1977 .: PUBLIC ;HEARING- -AMEND opposed the rezoning because of the traffic problems in. the area and indicated it would be very difficult to make a left hand turn into the proposed development_ Councilman Harberson questioned whether his main con- cerns were on traffic, drainage, or aesthet.c: _s. Mr. Parkinson felt aesthectics were very important. Re did not want to see this area developed into a "hodgepodge" as had been done along Bode.ga'Avenue. His 3nain con- cerns, however, were the traffic and drainage problems. ( uontlnuecl ) The next person.to address the Council in olposition to the rezoning was Mrs. Anna Neilsen. Mrs. Nc>i,lsen indicated her property is adjacent to the proposed 4.78 acres being conside:re for rezoning.. Her land, as well as 13 acres whic:z she leases from the Wa.t.er Agency, has been posted for the protection of wildlife in the area. Mrs , 'Neilsen stated she-.feeds the wildlife on her property; however, they continue on to the subject land for grazing purposes. She and her. - neighbors are con- cerned about the wildlife in the area - c Mrs. Neilsen also concern regarding the traffic to be generated by the proposed nine houses in the development. Mrs. Neilsen stated she realized_ the owner of the land would like to have his money work for him, but asked the Council to give serious consi- deration regarding the density of homes for the area. Mrs. Kay Robinson, agent for the property owner, spoke in favor of the pre zoning. She stated she could understand the personal , fee.lings of Mr. Bergstrom and Mr. Parkinson regarding their drainage problems, but felt the Planning Department could require the engineers for the project. to take care of these concerns. In relating to the traffic problems, she felt the area could b-e studied and some of the problems eliminated. She stated Mr. Pedersc.n's h:cme `is` directly below - the steepest part of the property and he has no problems with water. In referring to the wildlife in the area, Mrs. Robinson. stated fawns have been 'badly mangled or killed by dogs being allowed to run loose and she cited the fact there is a leash law both in the County area and i.n the City. She al. . stated the General Plan designates this area as rural residential and fej i.t was about time the landowners had some kind of an answer regarding the area. The next - person -to speak to the Council was Janie Martin Henkes. 14.; Tlenkt:8 stated she lives With'Mrs. Neilsen and asked the question or not -the C.i y would have the legal right to zone to this density next to an area wb:ish'., is designated as a wildlife preserve. Mayor Putnam asked Mrs. Neil...._ ?n if there was some official designation on her property to protect wildlife. Zl:rs. Neilsen indicated she was not sure of what procedure her husband h <: ta?cen;. however., the .pro,perty'has been posted. Ms;. Henkes stated there are 5i:.gns On . the property which gives the County ordinance number. Mayor - Putnam. asked City Attorney for his opinion on the matter, and he stated other than the Williamson Act Contract which would be an agricultural preserve, he knows ©.f no other kind of restriction which would limit -the use of property.. Fve.n if Mrs. .Neilsen 's property was protected under the Williamson Act, it would have zio effect on the .ad* acent prop ..ert.y Couneilman:Balshaia'stated be wanted to make a general comment on prezoning properties outside the City limits. He felt: when somebody wants to rezone and. eventua.l.ly annex the property to the City, they usually have some z'ea-caha:t they want to do with the land. I lie felt if there I was going to be an open pro- cess between the City and the applicant, the Council. should have some .i.nd -i- cation of the proposed development of the land. If there is no pal :r.ic_u.lar plan, then he could see no reason for bringing the property into tr_ City'.. Mrs. Robinson responded by stating it was her understanding that a landowner could not afford to come in with a finished product at the prezoning stage. The prezoning does not automatically bring the .land into the City. The pre - zoning is the first step toward annexation and does not require the presen- tation of an entire development plane Mr. Balshaw indicated he did not expect. the applicant to present a complete plan, but the Council should have some idea of what is proposed. ZONING ORDINANCE TO P,REZONE:1.003 WESTERN AVENUE FROM COUNTY ,A1 -B5 TO CITY = R71- .20,..000.(EINER PEDERS N: 3RD #1253 NCS (SECOAb READING) DEFEATED opposed the rezoning because of the traffic problems in. the area and indicated it would be very difficult to make a left hand turn into the proposed development_ Councilman Harberson questioned whether his main con- cerns were on traffic, drainage, or aesthet.c: _s. Mr. Parkinson felt aesthectics were very important. Re did not want to see this area developed into a "hodgepodge" as had been done along Bode.ga'Avenue. His 3nain con- cerns, however, were the traffic and drainage problems. ( uontlnuecl ) The next person.to address the Council in olposition to the rezoning was Mrs. Anna Neilsen. Mrs. Nc>i,lsen indicated her property is adjacent to the proposed 4.78 acres being conside:re for rezoning.. Her land, as well as 13 acres whic:z she leases from the Wa.t.er Agency, has been posted for the protection of wildlife in the area. Mrs , 'Neilsen stated she-.feeds the wildlife on her property; however, they continue on to the subject land for grazing purposes. She and her. - neighbors are con- cerned about the wildlife in the area - c Mrs. Neilsen also concern regarding the traffic to be generated by the proposed nine houses in the development. Mrs. Neilsen stated she realized_ the owner of the land would like to have his money work for him, but asked the Council to give serious consi- deration regarding the density of homes for the area. Mrs. Kay Robinson, agent for the property owner, spoke in favor of the pre zoning. She stated she could understand the personal , fee.lings of Mr. Bergstrom and Mr. Parkinson regarding their drainage problems, but felt the Planning Department could require the engineers for the project. to take care of these concerns. In relating to the traffic problems, she felt the area could b-e studied and some of the problems eliminated. She stated Mr. Pedersc.n's h:cme `is` directly below - the steepest part of the property and he has no problems with water. In referring to the wildlife in the area, Mrs. Robinson. stated fawns have been 'badly mangled or killed by dogs being allowed to run loose and she cited the fact there is a leash law both in the County area and i.n the City. She al. . stated the General Plan designates this area as rural residential and fej i.t was about time the landowners had some kind of an answer regarding the area. The next - person -to speak to the Council was Janie Martin Henkes. 14.; Tlenkt:8 stated she lives With'Mrs. Neilsen and asked the question or not -the C.i y would have the legal right to zone to this density next to an area wb:ish'., is designated as a wildlife preserve. Mayor Putnam asked Mrs. Neil...._ ?n if there was some official designation on her property to protect wildlife. Zl:rs. Neilsen indicated she was not sure of what procedure her husband h <: ta?cen;. however., the .pro,perty'has been posted. Ms;. Henkes stated there are 5i:.gns On . the property which gives the County ordinance number. Mayor - Putnam. asked City Attorney for his opinion on the matter, and he stated other than the Williamson Act Contract which would be an agricultural preserve, he knows ©.f no other kind of restriction which would limit -the use of property.. Fve.n if Mrs. .Neilsen 's property was protected under the Williamson Act, it would have zio effect on the .ad* acent prop ..ert.y Couneilman:Balshaia'stated be wanted to make a general comment on prezoning properties outside the City limits. He felt: when somebody wants to rezone and. eventua.l.ly annex the property to the City, they usually have some z'ea-caha:t they want to do with the land. I lie felt if there I was going to be an open pro- cess between the City and the applicant, the Council. should have some .i.nd -i- cation of the proposed development of the land. If there is no pal :r.ic_u.lar plan, then he could see no reason for bringing the property into tr_ City'.. Mrs. Robinson responded by stating it was her understanding that a landowner could not afford to come in with a finished product at the prezoning stage. The prezoning does not automatically bring the .land into the City. The pre - zoning is the first step toward annexation and does not require the presen- tation of an entire development plane Mr. Balshaw indicated he did not expect. the applicant to present a complete plan, but the Council should have some idea of what is proposed. 4 July 18, .19.77 _ .. PUBUIC 'N;EARING- -AMEND There_wer'a'no °'further comments from the audience, no ZONING ORDINANCE TO •communicati; Oil s 'had. been° received by the .City Clerk, and _ PREZONE 1.003 WESTERN Mayor. Putnam declared tle'.public hearing closed. FROM COUNTY . AVENUE Al = •13`5 'TO -C The City Clerk,,,read' the title of the ordinance,' and R-1­20,100 (•E NER :prior 'tto vo'iing on' same, there was, some, discussion _EDERSEN) regarding the.consequences of prezoning. Councilman 'NCS_ ORD 412'5.3 Hill ;gpss griestioned whether or not the 'City would be (SECOND READING') committed to the pre - zoning on this particular piece of DEFEATED, prop'er.ty: if they decided. to study a larger area. (Con .i.nued) Commun1ty D.eve.lopment and Services Cobrdinator Frank Gray, .indicated it would' not be impossible; however, it would be more di.ff.i,cult "to change the zoning once the Council. had approved the !prezoain,g. The County will look at the action taken by the City,, and the ':ounty Planning ,Commission would look at the City's act -ion as a iouide:Tix e. _ Counci.1man.Cavanagh ques;t if the ordinance is defeated, when could it again be c,ons:idered.. City. Atzo- rney.Larry Klo.se advised the applicant, would be 'able to return with ',the same proposal in one. year. He also :advised the Council has the option to propose a chan_ge..and refer: it "back to the Planning Commis- sion.. Af ter some further discussi;oa, i;`t. was determined t:he st should prepare a study of the drainage ''basin ink th'e, area -.. `Frank 'Gray: indicated the data stored in the computer .s(tv.dies ^';would` °be able to de'fi.ne 'the- drainage basin and' the sta:f:f •coul:d provide the .(Council an :environmental profile of the drainage basin after c=hecking the °:print=out.. Ordi=nanc=e 11253 N. C'. S. amending 'Zoning,. "Ordinance ;r',= 1072' . C. S. by pr.ezoning A.P. #19- ::110 -.34 (consisting :of .appioxima y 4.78' .AcrEs).- from County Agric*3hture to City :R- 1720 loc=ated ,at 1003 Western. Auenue. -- (Liner Pedersen) was DEFEATED by 2 afftrma.tive ;and' 5 - negative votes': ; 'Councilmen Harberson and Perry voted "Aye ". Co=uncilmen Balshaw, "Bond,-Cavanagh, Hi-lli.goss, and Mayor Putnam voted C IT Y MA'NAG;ER '' :REP QUARRY PR0DUCT'S.,..'INC. City Manag t, - Robert Meyer referred to a memorandum SO COW4TY ;REFERRAL , advisi;ng foe City, .Council the Planning Commission' would be xev erring the .'Sonoma. County Referral for Quarry Prod.urts.,, Inc,.., located . :on P,e;trdlu'ma, blvd'. -South. He asked 'members of the Cit:v Council '!ta at.teftd .tbe Planning;.rComm ssi.6n .Meeting, July 19, when the matter w:ci:ultl be 1 ctusrsech. Community :Development •and,.Services. :Coord ' nator Frank Gray stated the Board of Supervisors 'would like a �,determinatiori _ whether-or "not., the City would be in- terested 'iIl•.klaaing this :p:iec'e :of.aand annexed;' The owner indicated he would not object to annexation ;to the: C�_t:y Mr. Gray . advised the property is not. cont=iguous :to-.the City .Limits` at the,, time. , .Some discussion was held on the zoning of the,_property. The County tiers _lnd�i rated it would be rezoned .f.rom agrlcultur-al to: -heavy industrial;. Mr., Gray stated the only control the C:i.ty -would have over:. any heavy industry in the area would, be ',by :me :ans_pf a :Use • This :-would. no.t be possible until the sub- j ec property ,was to annexed the City, ; 9.11. ''EMERGENCY Mr. . asked' the ,City . Council to review the , me :mo. - COILItUNICATIONS random, dated July' '14 977, .directed to him by Police SYST +EI`i Chief.:�Robert B. °Murphy and Fire Chief Joseph Ellwood', .so they .would b :e :; aware of -the program. A copy of the memorandum , ,is on; file': with t he City Clerk, July -18,. 1977 CITY COUNCIL REPORTS: LETTER.EROM R. L. Councilman Hillagoss advised the Recreation, Music and COMI`NS RE MEMBERSHIP Parks'Commiss'ion. had discussed the letter received from ON R:ECREAThON, MUSIC R.1. Comyns regarding t.h.e time the Municipal Pool is AND PARKS' COMMISSION available in the evening for public swimming. Mr. Comyns' .letter also questioned whether or not there may be a conflict of interest in having a Commissioner serve who is also a member of the Petaluma Swim Club Board of Directors. The matter was referred to the City Attorney for his review-and research. P ?sL C SAFETY Councilman Hil- Li.goss advised that on Tuesday, July 12, 3U11,DI� 1977, Police. Chief. Robert Murphy, Assistant. City Manager David Bre.ninger, former Councilman Fred Mat:tei, and she visited pub.li.c safety facilities in Vallejo, Fairfield and Stockton. The architect for the proposed Petaluma building also accompanied them. Another meeting is scheduled for Friday, July 22, .1:977. LEAGUE OF CALIFORNIA Mayor Putnam advised the League had just broken ground CITIES HEADQUARTERS for the first building they have owned in. their 79 BUILDING years of existence. 'The structure will be located at 14th and "K" Streets in Sacramento. DENY APPEAL OF Planning Commission Resolution Noo 13A - 77, adopted June SAVERIQ DITOMASO 7, 1977, submitted and file?; excerpts of the. Planning RE CONDITIONS IMPOSED Commission Meeting of June 7, 1977, submitted and ON LOT SPLITS,_ 835 filed; staff report dated April 29, 1977, from the BODEGA AVENUE, Planning Department to the Planning Commission, sub - RES #7839 NCS mitred and filed; a letter from Violet Tu=ts, Agent. for Saverio _diTomaso, dated March 30, 1977, submitted and filed. Planning Director Ronald Hall. stated although the letter from Mrs. Tufts, the. Agent. for Mr. diTomaso, indicated they were. appealing conditions to and for approval. of the subject parcel, map,.the applicant was also appealing Condition #3, which required street dedication on.Bantam Way in order to give the. City a 30 -foot half- street wid "th.section. Mr. Hall stated the aplicant may c.h.ange . the proposal for the lot split from a three -lot split to a four -lot split in. order to make any improvements economically feasible. Councilman Bond indi- cated. the matter before the Council this evening was the conditions placed on the three -lot split, and if a four -lot split was to be considered, it. would have to be returned to the Planning Commission for their review and recommen- dation. Violet Tufts, Agent for Mr. di:Tomaso, then spoke to the Council. She stated Mr. diTomaso was willing to dedicate the 43 feet on Bodega Avenue arid -the 30. feet on Bantam Way; however, if this is done, the house would be encroaching on City property and Mr. diTomas'o.wou.ld like to have the house- remain -o.n bi.s own property. She asked if it would be possible to make a jog-around the house which would permit the development of Bantam Way, but since it is not known when.Bodega Avenue will be developed, to have the house remain at its' present, location. To move the house woul.d.be a very expensive proposition. Mrs. Tufts stated at the present. time the house is so situated if Bantam Way was to be completed, the house would be very close to Bantam Way. The Engi- neering Department has advised her it would be possible to do the improvements on Bantam Way and leave the house at its present location,; however, the dedi- cation of the 43 feet for Bodega Avenue would have the .structure encroa-ching 7 feet on the City's.right -of -way. City Attorney Larry Klose indicated if the Council would agree to put a jog in the dedication line around the house, the City may become involved later in the July. 18, _•1977 DE NY OF '; necessity at con e the property under eminent SAVERI,O DITOk€ASO domain and 3'co'ul& become .involved in` seuerence damage., RE- CONDITIONS :IMPOS °ED tre r egvirementm : ''for r:emoving, the heuse or cutting part ON LOT SPLITS,; -.835 of tkie house away Be s'ta'ted one of Vhe.. things he BODEGA A EI�3UE ' ': tx 'ed _•to Fexplore :`w7th Mrs,. Tufts wh.e,n 'she came, intoris RES #T83 9 NGS, :" offic :e toc_speak with tiim wa . to require "tae ded .cation' (Conti.ncieci) u�1t.h -a revocable en;r-roachment permi•t,.'. Th .s would pe�^n%i`r the: applicant to Leave the house in its present location Guth time vben Bode-ga Avenue would 'be developed. Mrs. Tufts indicated.this -would still place the burd'erf c4 moving the houee on' the app1•i- cant., and 'Mr diTomaso liras i :n :dicat;ed to'h.e :z.ghat if. "this house is not on his own 1an_d; he doe notto - ` : want.. g0 ' fir'ougb. with the lot split., ^ .sxstrrt ' C ty J ngin�er Thot�a 1 }atZ� }rintcd_,.out the ocher let sp.1'zt.s, in t! :e ar �'l�ea�i� lequz` P i t y dedi gate tNr' 43 feet •. The City 'I"'s ved .t;he requirctnent ior'th ° publ, c 2mprbyement� on Bodega.Avenue, er,, the dedi - ration hac been required= The: G�Ly Manager a :l so pointed out, the normal lot ? spl It would t*equi.re - the ,publcrmpxovements to be 'L:ompleted ;T Iii this' instance, the._ : owrznr' :woul`d, gain`s by 1c�t h v�ng to pay ' €er t <h.e st.rk ?e.t5 `'Th'e responsibil i't,y f w�llpxobal�ly,,�at'�ome futuzer "tune„ fall on rt;he City for the. public : inp :rove- . menu,{ including tt�s� <streety evrb, guttexs and si;d:ewalk.s There wa Como the on also �� ego di�i > mo ping :t:he house Mrs _ Tufts; pointed out ;if the h&dse was to }ie � twould haue to be brougk t up to the pxe�_ed bua dinp'6,6de standak;ft; .. t - After ��mi�t fug her i1rG.uG�soTi, ilesolut on ��7839 No G, S' denying ;the appeal o€ - Sa^ie_x�o `d Tomaso anti Candit�eP ;4�2 dfid , 3 0 € " the :Saverio di:Tomaso Parcel sap,,. 83S 'Bodega Avenue, -v A P f`6` 441' 02`'waa ins :r odu,cecl by Sts ce Mayo> : "1'Erry secs :Xt�i'e by Count 'lman ;Bond; and adopted by'' affarmatii je and 3 negat` =i e .vo;tes. Cou ,ciJ.= men. 13arberson,, •and3sce 5ayorPerry voted "o" After + he'` adopt qh of tkre ab)pve r e olutson, t.h.ere was som£ dl�cussi ono <ayor R Putnam felt the Courzcsl } ti3a4�11 lzoi iahat� the',c'ost: would be fox moving the hou "se,,.wYi'etkte,�'tkte C� ty ,ktad me�vE it az t;he., app.i Tlere.'w2 =,.also. same discussion re.ga� ding the a fort the street : and whethei or' - hot, an 86 -foot '. greet teas Meal ly requared ;q_ rt; e. Coun, x l.man Ba?_shawk suggested tr{ C� t�? f r may want to over G their staaalr�1s the Qt'reet and felt the Coiuncil sh . u y. have an oppor tunzty "'to res3ewthe pl any fo 13odega Avenue .o Assa r'tant G y x Engineer Thomas HaYgzssud cateci; al +though the "p.lan lines have not been fu.l.` :Yj drain t, the street wozzld be" � milax r o the one.,construc :t.ed on 5ou:tli McDowcil. Bllfi :, -- 4 - 6 APP1rAL +BY l�l;l <<ZAAiVIL, 1?larirIMz Cammzsszon Resolution No. 17 77'., adopted J.,4n „��svbmrtted aired filed; excerpts a the Pl�,.nzn - PARGIL MAP, '8 25` Gonnnxssaoaa MinutiaC of June 7, `1977, °: :submitted' and ,.M BODECA AV- E'N11E ;;. filed; Planning'staff report t.o tl�e °Plannrng Commssxez RES,'�784C1_ :NCSj ; z rEgar`lz'ng u�ae.et ap sub -ittec� and filed; let en ` £tom;: appellant ,tic ;Punning Da,>ector. date3 �M.arcl p F 1977,'submtted and :.ed'• " Plannrng Director_ R'on Ha11 reviewed tkte;- staff report and the co places : on': *_'he p :opos_ed parcel sap bye the Orgnally; Nita�t had' appealed Conditions dill, 463, ancl A placed on the :parcel 'atop: Mr. Hall, advised Condit ons 2 and �'��4�,had e u er' been-resolved, or would 'be resol t the; Planning staff a�td� t'Yte,Plann ng Comniss :? i The rettazit ttg rriattet .ta be F, _ : clari�fiedi'r as .the `'fact that . ;Zamvil ,had -rece .veal City ;gu dank :e .dal en ' placed sewage. 'pumps n 't lie oxen ,which would ,b.e regu red for _a 43'- foot`.hfr' f~ width right of= ways -`cn 13dega' Councilman Bond indicated, at; tkte Planning 'Commission level, there had been . _ = - some ax c:ussio_n.akic�ut - gr'antZrig a �, it ty easement. as part o:f the• dedication in order for Mr :,Zamvil to ,maintain tkte sewe`r.,puitp on th e pro perty'.until such time n as the City would requir the''ded ca *ien = Assistant City Engineer Thomas Hargis advised tkte, pump was n2ssary due to the existing shallow sewer in �'• STS. 5 t 4 r•' C C ., July 18, 1977 APPEAL BY KEN ZAMVIL Bodega.Avenue. Mayor Putnam asked if the appellant was OF CONDITIONS OF present at the Council Meeting. He was not, and at the PARCEL MAP, 825 conclusion of the discussion, City Attorney Larry Klose BODEGA'AVENUE recommended the Council adopt a resolution approving RES #7840 NCS the appeal of Mr. Zamvi,l., but adding a condition that Continued an encroachment permit be granted which could be re- voked at the time the street is developed, � Resolution .47840 N.C.S,. of the City Council amending Condition #1 of the Zamvil Parcel Map 'locat:ed.at 825 Bodega Avenue A.P. 416- 441 -02, was introduced by Counc Bond., seconded by Councilman Harbe.rscn, and adopted by 6 affirmative and 1 negative votes. Councilman Cavanagh voted "No ". REC Mayor Putnam called a recess at 9:50 p.m., and the Council. re-convened at .1.0.:05 p,m. Before continuing on to the next item on the Agenda, Mayor Putnam recognized three new members of the Media who would be attending Council Meetings; Reg Lester of KSRO Radio Station, Santa Rosa;.Julie Cort.i.no and Marlene Ardort of KZST Radio, Santa Rosa. SUBMLTTAL OF.1977 -84 Planning Commission Resolution No. 14 -77; recommending ENVIRONMENTAL DESIGN to the City Council the adoption of the Envi.ronmerr �6 C� tal / PLAN Design Plan and text thereto and any maps as a_re -appr.o- priat.e, adopted June 23, 1977, submitted and filed; excerpts of the Planning Commission Meeting of May 3, 1977, submitted and filed; Planning Commission Minutes of June 2.1, 1977, sub- mitred and filed; Planning Commission Minutes of June 23, 1977, submitted and filed; the proposed text Of the Environmental Design Plan, July, 1977 - June, 1984, submitted and filed; memorandum from the'Planning Director, Ronald Hall., to Robert Meyer, dated July 14, 1.977, submitted and filed; memorandum dated June 14, .1977, from the Planning Department to the Planning Commission,, re- garding the' Environmental Design Plan. Land Use Map, as well as a copy of the pro map, submitted and filed, and various .Letters from property owners who had made individual .requests, some of which were incorporated into the Environ- mental Des,ign.Plan, were submitted an.d f:ilced. Mayor Putnam indicated the Council would have an adequate time frame with.i.t which to review and study the Environmental .Design Plan before making final adoption... AUTHORIZE AGREEMENT A letter dated July 14, .1.977, addressed to Franit...Gr;ay, �/Q �] WITH WILLIAMS, PLATZE Community Development and Services Coordinator, by CJ�!!�� // AND.MOCINE -- REVIEW Sidney H. Williams, with their proposal to do .a review REVISIONS TO EDP analysis and make recommendations for updating the RES #7841 NCS Intermediate Range Environmental Design Plan and Growth Management System, was submitted to the City Clerk and filed. Mr. Gray indicated Mr. Williams, Mr. Platzek, and Mr. Mocine had intended to be at the Council meeting to make a ,presetita =. tion, but due to a death in Mre Plat.ze.k's family, their schedule had to be rearranged. The firm asked Mr. Gray if he would make the presentation, 21r,. Gray reviewed the summary of the program submitted by the firm of Williams, Platzek and Mocine, and indicated they would act_ as a third party in- anal.yz'i,ng the - program which bad been prepar.e'd by the staff, the Planning Commission . and the Citizens'. Advisory Committee. The, Council would then have an opportur' ry to consider all three viewpoints as the plan is revised Mr. Gray then reviewed the time schedule for the program. He suggested a s session between the Planning Commission, the City Council, and the firm of Williams, Platzek, and Mocine should be held in approximately one month `to review the recommendation's for the revised Environmental Design Plan for 1977 to 1984. The entire process would take approximately three to four months and could be completed within the amount budgeted by the City. The firm would take the data generated to date from the Citizens' Advisory Committee., the Planning 4 I ol• I July 18, -1977. . . AUTHORIZE :AGR'EE ENT '••. (;omm ssion: staff, and review the mater.ial_. This matter WITH. WILLfkM8,, "T.LAI,28K - •would be discussed .at the first conference.. Mr. Gravy AND i OCINE REVfiEW advised the consultants suggested that a full 'day be REVISIONS .TO :EDP set aside .'`the conference for the initial review. RES X17841 , NOS (Continued) Councilman .Bals'haw"stated the Citizens''..Conitittee worked' for six to eight "weeks on the. propc�seii Environ -mental Design' Plari and could have used help in com- piling their :materi :al•;' :hgwever, it was pointed out the firm lad *made their proposal to :the •City about: nine` months�� ago; and the Council, at that time deferred any •action.. Miss Jo Duthie` spoke to the Council, stating she had worked on .'the :Ci'tize'ns" _ _Ad`vlsory Committee' and felt they had people with exper- tise on the Comm,tt<ee and questioned the need to spend the additional funds for the consultants. Cirty :Manager Robert.- Meyer indicated. if the firm serves no other purpose,- tlaey wd-ild :be able "to consolidate the 'report of the Citizens' Committee; t'ne staf :f anci ",The. P1anning.Commission, and bring aA point. of view. to ;the Ip;r,o ji t.. Resolution. 1�7�841 NI I S Guth" - ' c x g the Mayor to sign and the City. Clerk to attest an ragreement with the -firm ;of Williams, Platzek and Pioc ne, Ito review and critqu.e ,proposed revas ions to_ the Environmental Design" Plan, was introduced by Counei an •son: ; : >eco 2h aded.'' by' ' Councilman Balshaw, acid :'idbpted _ :by.. 7 . of f irmative. - Vo'te's : \� O DISCUSSI AL NUMERhC the City Council had,been, provided with adraft re.so- V LIMITS, R+ESID.,ENTIAL, 3uL on which .would . "have allocated 500 basic units 1 - DEVELOPMENT CONTROL;. drvitl between" the east and west side .of' the commu- SYSTEM 197.8 79 , niLy,..900 additional units which had beer, 'allocated, CONSTRUCTION YEAR_ '.but .not used i.n prior years. unit s.•for loci- or moderate income dwellings; and 2"56 .units," reserved for : p'roc.es#figi° Suggestions :•made.1by_, the :Council were to:.eliminate the 900 units in Section 'II- -A and IT-;B. It was, :f:urther sbggested,_ff0 units allocated. for the western side pf the community or single -- family., dwellings be- transferred and ; added to the 150 single- farsly dwelling uniits .for` the east side, bringing that "- otal to :210 - units. The Council felt the`108 units for low= and moderate- ncome_ dwellings should remain n the restl��ta on However, no; final determination. was• made, and it was sug . ut.ion be •brought back to' the. Cou . ci3 at the ,Adjourned Meeting,. 361y, 25 Eox .1hedr ,att on INTERIM, RESIDENTIAL . The: Members of the ,Count >il had been ; pre tinted: faith the DEVttOPMBNT (CONTROL _roposed Interim Residential Developmen_t'Cori rol..Syatem SYSTEM :foie the City of ;Petaluma as revised'.•July,, 19]'7• Several Them` (E rs of the Council pointed out ' theyr had onl - iy.. re-- 1eei°ved, the" document as they entered`. the Council :Chamber" s . this evening,; `and felt they d . d not have ample time to review the docume�tit before voting +on "the, matter. • Mayor 'Putnam :questioned whether' or •not it was necessary to :act on the ,resolution, at'. this time., Frank Gray„ Community Develop- ment and .Coordinator.; indicated if the City intends) to- provide a development schedule for contractors : ", - the - documents should be enacad. " soot, .. : ., • ... Af ter a general dise`uss &h on -,the` matter and, some. suggestions •made ,b the Council 'for ,changes. to :;lie ancorporated into the Interim .Plan, it. was determined` to continue Llie mattier to the;`Adj'ourned..`Meeting of July 25,.•;and •no action was taken'. APPROVE :MQDII ICAT.ION Planning Director Ronald Hall explained the request wa's TO SUBDIVISIONiORD: for a, modification of. 'the provisio4s of the Subdivision ('� FOR MICELI SUBDIV.LSION Ordinance` 11104.6 N C'..S. Mr. Hall indicated the :pa.rcel V 2294 ELY BLVD. SOUTH had originally been divided into four lots, and the . RES 117842 , :;NCS ;applicant :now wishes .to further subdivide one of the -four =tots into. a .lot split. The reason' for the. request July 18, 1977 APPROVE MODIFICATION for modification is that one of the lots would be only TO SUBDIVISION ORD. 58 feet wide,-where-the requirement is for 65 feet. FOR MICELI SUBDIVISION Many of the lots in_ the general 'vicinity, that came in 2294 ELY BLVD. SOUTH under earlier provisions of the Subdivision Map Act and R;ES #7842 NCS the City's Gene.ral'Plan, are 60 feet.. The Planning (continued) Commission could foresee no problems from an environ- mental standpoint and a Negative Declaration was recom- mended. Planning Commission Resolution No. 28 -77, stating the findings of fact and recommendation for the modification, adopted July 6, 1977, submitted, and is on file with the City Clerk. The. applicant, Mr. Andrew Miceli., of 22.94 Ely Blvd. South, spoke and asked the Council to "give favorable con.si.deration to 'his request.. Mr. Miceli explained there is already one house the lot and the creation of the two Jots, one of .,hich would be 58, feet, would still. allow 15 feet between each hc, i e_. There was general dis`c.usson regarding the clearance between homes on 6,500 square foot .lots. Frank Gray, the Director of Community Development and Services, indicated the Subdivision Ordinance requires that one side of the lot. be five feet from the property line, and the.aggregate total.on both sides be 15 feet. He felt. the intention when. the ordinance was- written was to, permit the parking of recreational. vehicles on one side . of the property where the lot. was 6,500 square feet.. Mayor. Putnam asked the Attorney to indicate the findings in the resolution, and Planning Director Ronald Hall suggested an additional finding could be that one of the sp.eci.al circumstances effecting the property is the lot area exceeds the 6,500 square foot minimum City Attorney Larry Klose indicated on future.modificat:ions where t.he state there are special circumstances or conditions e= fecting the property, the special circumstances should be specifically.ident.ified. Resolution 47842 N.C.S. granting certain modifications to the requirements imposed by the Subdivision Ordinance of this City relating to the premises located at 229.4 Ely Blvd. South., was introduced. by Vice -Mayor Perry, - seconded, by Councilman. Hilligoss, and adopted by 7 affirmative votes'. APPROVE TENTATIVE Planning Commi.ssion No� 27--77, adopt.ed.Ju.ly�� S.UBD.IVISION MAP -- 6, .1977, submitted and filed; tentative map findings, • O 1-II.CELI SUBDIVISION, Miceli. Subdivision,�submit.ted and filed, excerpts of 2294 ELY BLVD. SOUTH the Planning Commission Meeting of July 6, 1977, RES 47843 NCS submitted and filed; Planning staff report dated July. 1, 1977, to the Planning'Commi.ssion; submitted and filed. Resolution #7843 N.C.S,'approvi.ng.Tent.ative Subdivision Map of Miceli Subdi- vision, was introduced by Councilman Harberson, seconded by Councilman Cavanagh, and adopted by 7 affirmative votes. AMEND TITTLE 15 OF . Finance'Director John''Scharer advised the ordinance THE PETAL.UMA MUNICLPAL would provide for control of sewer, construction, .source CODE -- WASTEWATER of control. of toxic substances, monitoring and control. REGULATION AND REVENUE of quantity and quality of industrial waste and,.in ORD #1251 NCS addition, authorizes the City Council to set.by reso- (SECOND READING) 1ut.i.on the charges for permits and fees for use of the sewage system, Mr. Scharer indicated the primary impact would be on industrial users. The staff has kept in constant contact with the major industrial users in the community They have received copies of the draft ordinance and a copy. of the completed ordinance. The ordinance the Council is to consider does not any fees. Ordinance 41251 N.C.S. of. City of Petaluma, amending Title 15 of the Petaluma Municipal Code by repealing Chapter 1.5.32, 15.44, 15.48., 15.52 and 1.5.56 thereof, an new Chapters 1.5.44 through 15.72, to provide a comprehensive system of wastewater regulation and revenue to support, construction and operation of t.he.Was.tewater Disposal System, was adopted by 7 affirmative votes. Effective date of Ordinance,' August. 17, 1977. July ls,: 19.77:.: AM EijTD WATERORDIN Finance 133ir.ec tor„ John Scharer' a vrsed the' amendment PROVIDE'',PERMTTS 'TO provides for . th'e establishment -of, connection fees by BE SET BX;= RESOLUT.ION resoiution - The Ordinance does' not Include - any fee , CRD#1252'NCS except° to '.change, the rates for each, 100 cubic feet from (SECOND READING) - . $;. 35 to!"' $38. Mr. .Scharer- explairi'(ad, the rate Increase is noa elated to 'the drought, bu'r. related to the increase 'in .d°eb:t service for the. completion of the Russian River�to- Cotati :Intertie. Ordinance #1252 N.C.S, of the City 'of Petaluma, amending Sections 15- .03.010, 151 .1 08.040; 15,6.'040.,. of the Petaluma Municipal Code he Water Ordinance) to .provide that :charges' for permits shall, be set by resolution of the City Cou'nc revising the. amount of. credit. 'for.water service fo.r fire protection service, and _further, to 'incr:ease the :quant-ity rate, was adopted b' ,,7 affirmative votes. Effective date' of Ordinance,' Augustz 1,7,: 19.77. AMEND MUNICIPAL CODE ..The City Manager. suggested to the. Council the two new TO RXPAND:RECREATIQiT .appointments to the Recreation, Music.and Parks Com -. MUSIC AND PARKS mission be made to have one term 'exp 'ire June 30, 1981, .COMMI SSION:TO' "SEVEN:, and the other June 30,., 1979. T$s would create a MRM RS 'balance oh'-t e ':Commission, where, three members tez ns.. dRDr1254 ' tCS -'' could expi.e n.l'9Z9.., and three' 7n" 19$1, (SECOND REAI�IN�� r p Or d aanc in a& N .C.S. amending' Section :2.12.01:0 of.•the Petaluma 2unkci al Code "to ex ana the Recreation, - Music. -and Parks Commission to seven memabers, :was adopted by-_7 affirmative votes. Effective date of Ordi'= . fiance 17, 1977._ APPOINT: COUNCIL" The following - Co:uncil members were appointed to the MEMBERS 40 . CITY Commissions or'. Boards indicated, with. terms fo expire COi1MITTEES, BOARDS June, 30, 19;78; -or until a successor_as appointed and AND'GOI�'IMISSIQNS qualified :. �v;vZ3 = John,;L B�1shaw, ."Planning-- Comma- sslofl 0'4? Ai:- 'Patricia k ill2goss, Recreation,- .Mus-3:c &Parks Commission . F,. 61 James L €arbe'rson, - Water:_ Commission !°7 C Roland ,Bon ';, Traffic Committee F' � Jack ;W. Cavanagh, .It & vTillaam A.. Perry, Jr. ; `Thomas Lee. Chari ty Comm�.ttee F3grI. ` ,..Jack °;W Ca vanagh, J , Underground Utrl Committee. ADdOt1R,'�4EN There bean no 'further business' to' come before -the? g Co i1, the e'ting w adjourned p.m.,.ao . unc me as rned'at 7uly '25,' 1977, at .7: p .m. Z2_ - 1 1 Mayor ATTEST:.,..-