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HomeMy WebLinkAboutCity Council Minutes 09/19/1977MINUTES OF MEETING OF .CITY PETALUMA, ,CALIFORNIA. SEPTEMBER 19, 1977 REGULAR MEETING The regular meeting of the:Petaluma City Council was called to order by Mayor Helen Putnam at the hour of 7:36 p.m. ROLL CALL Present: Councilmen Balshaw, Bond -, Cavanagh, Harberson Hilligoss, Perry and Mayor Putnam. Absent: None. INVOCATION The invocation was given by Reverend George Skaret of the Penngrove Community Church. PLEDGE OF ALLEGIANCE Mayor Helen Putnam called on Anna Inez Stark, a fourth grade student at St. Vincent School to lead the Pledge of Allegiance to the 'Flag•. APPROVAL OF MINUTES The minutes of the adjourned meeting of August 22, 1977 were approved as mailed. The minutes of the special meeting of August 31, 1977 were approved as mailed. CONSENT CALENDAR A motion was made by Vice -Mayor Perry and seconded by Councilman Balshaw to.adopt .resolutions for items one through three and five through eleven on the Consent Calendar and to file the letter from John M. Adsit, Agenda Item # Agenda Item #1 APPROVE PLANS AND SPECIFICATIONS FRONT CUTTING ROTARY MOWER RES 47899 NCS Agenda Item #2 APPROVE PLANS AND SPECIFICATIONS TRENCHING MACHINE RES 47900 NCS Agenda Item #3 APPROVE PLANS AND SPECIFICATIONS PAINTING OF LAKE - VILLE STREET BRIDGE PROJECT NO. 9662 RES 47901 NCS Resolution #7899 N.C.S. approving plans and specifica- F6 a9 tions for one commercial front cutting rotary mower and calling for bids was adopted. Resolution 47900 N.C.S. approving plans and specifica- R(Q a q tons for one new trenching machine and calling for bids was adopted. Resolution 447901 N.C.S: approving plans and specifica Fr/o), , tions for painting of the Lakeville Street Bridge Project No. 9662 and. calling for bids was adopted. Agenda Item #4 Letter from John M. Adsit, Colonel, CE, District Engi- ["� LETTER FROM neer, Department of the Army Corps of Engineers, r 6) 17 JOHN M. ADSIT regarding initiating studies on the feasibility of RE SMALL CRAFT providing an access channel to a proposed small -craft HARBOR harbor improvement at Petaluma was ordered filed in the City Clerk's.office. Agenda Item.4f5 Resolution 47902 N.C.S. approving agreement for prepa- F5- O APPROVE AGREEMENT ration and submission of Environmental Impact Report FOR EIR FOR LANDS for proposed :r.esidentia:l. development of lands east of OF ECKMAN & EDWARDS the- "V' Street and Sunnyslope Road intersection (Harte RES 47902 NCS and Pacheco) was adopted. Agenda Item #6 Resolution 4/7903. N. C.S. Council policy re REVISE POLICY garding water supply and annexaton.was adopted. REGARDING WATER SUPPLY & ANNEXATION, RES 47903 NCS September 19, 1977 Agenda: Item 11 APPROVE CLAIMS AND BILLS' RES #7904 NCS Agenda Item #8 AUTHORIZE 'MAYOR TO C EXECUTE AGREEMENT \ CONVEYING FENDER PILINGS'TO THE CITY RES 447905 NCS Agenda Item #9 APPROVE CERTIFICATE OF COMPLIANCE C` 1 EDNA EVANS 620 KENT' STREET RES #7906 N.CS Agenda Item 410 / SET PUBLIC 'HEARING ON APPEAL OF LAWRENCE JONAS RES` 97907. NCS Resolution, #7904 N.C.S. approving claims and bills 93007 through #3144, inclusive, General City and, 4590 through .#612, inclusive,, Water approved for payment by the City Manager was adopted- Resolution #7905 N.,C. S: authorizing: the ,Mayor to• .exe cute agreement with P,etal:uma and Santa Rosa 'Railroad Companies conveying fender pilings in the Petaluma#. River to the City of Petaluma was adopted Resolution 479.06 N.C.S'. approving Certificate of Com- pliance fo_r'Edna Evans on two l'ots•at 620 Kent Street was adopted. Resolution 47907 N.C.S. setting public hearing on the appeal of Lawrence A. Jonas regarding par king condi- tions and other- restrictions imposed by'Planning Commission on the Riverside Commercial.Building was adopted. Agenda Item #11 Resolution 47908 N.C.S. approving goals and timetables. n APPROVE AFFIRMATIVE for Affirmative Action Plan - fiscal year 1977 -78 was 3 ACTION PLAN 77 -78 adopted. RES 97908 NCS ORDINANCE AMENDING Planning Director Ronald Hall explained this is a ZONING ORDINANCE BY request by Aubrey Sanderson and Big "R" to prezone the PREZONING PROPERTY property locaaed at the northeast corner of Old Redwood_ - (j \ 1 b LOCATED AT THE NORTH- Highway and North McDowell from M- L,'Light I`ndustr_al, EAST CORNER OF OLD to C =H, Highway Commercial. Earlier the.site.had been REDWOOD HIGHWAY AND prezoned from County M -1 to City M -'L which corresponded Ni. MCDOWELL.BLVD, with. the industr a'1 classification of the Environmental ORD 41262 NCS Design Plan and the General Plan. Presently, the are (SECOND READING) is classified.as Service Commercial by those two docu ments. Mr. Hall showed .a viewfo.il of the property which is a two parcel area to be prezoned- The site covers 6.7 acr,es and is partially developed with a service station and a temporary outdoor farm storage equipment yard. All the. other property is vacant:. The Planning Department undertook an environmental evaluation., and evaluation for the rezoning, as well as 'a s.te' design review, and recommends approval. of the prezoni_ng based on the following findings: The C -H prezoning will take place on a major street that is adequate to handle the additional traffic. The request is in conformance with the recently, established General Plan and Environmental Design Plan us -e designation for the area, and the public necessity, convenience, and general welfare clearly permit the adoption of the proposed amendment. Fo- llowing the staff report by Mr. Hall, Mayor Putnam opened the p ublichearing,. No correspondence was ,received by the -City Clerk's office and no comments were given from the audience. Mayor Putnam closed 'the public hearing.. Councilman Balshaw then brought up 'the point that the property had been before the Planning Commission for site design review., When the Commission looked at it, he had the impression it had al,ready been zoned. If the Planning Com- mission had - realized this they would not-have rezoned it. Mr: Balshaw also stated the.staff had required the building setback be 'fur-ther than the, ten -foot minimum requirement. The developer had. said that they did not have to set back any further than ten feet. Councilman Balshaw suggested that this area was not typical C -H and should be declared something other than -C -H, .possibly . special zone. Mr.:. Barry Parkinson, attorney .representing Mr. Aubrey Sanderson, rep -lied the developer has gone back an additional two or three feet and the landscaping has been done according to the Planning Department's request. He also stated the facade of the building has been changed to be more ar.chtecturally:acceptable. September 19, 1977 ORDINANCE AMENDING ZONING ORDINANCE BY PREZONING PROPERTY LOCATED AT THE NORTH- EAST CORNER OF. OLD REDWOOD HIGHWAY AND N. McDOWELL BLVD. ORD #1262 NCS (SECOND READING) (Continued) The storage area has been moved to the back of the property to enhance the appear-nace, and the color of the service station, which is under different manage- ment, has been changed to, blend in better with the surrounding buildings. After further discussion, Councilman Bond brought up the fact that the Planning Commission had voted on rezoning the property to C -H prior to the vote-on the site design,,-and he questioned. if there really was a need for this discussion. Ordinance #1262 N.C.S. amending Zoning Ordinance #1072 N.C.S. by prezoning A.P. #47- 213 -18 and A.P. #47- 213 -19 consisting of approxi- mately six acres from M=L, Light Industrial,'to C -H, Highway Commercial, located at the northeast corner of Old Redwood Highway and North McDowell Blvd. (Aubrey Sanderson and Big "R") was adopted by six affirmative and one abstention votes. APPEAL OF Planning Director Ronald Hall explained the appeal by - _ GLENN A. ROBY Glenn Koby is regarding the site design conditions REGARDING REQUIREMENT imposed -on a proposed medical office building conver- FOR HALF STREET sion. The site is presently a .single- family residence IMPROVEMENTS the applicant is proposing to convert into a medical RES #7909 NCS off -ice. Dr. Koby plans to utilize Court Street as an egress from his medical office, and the City policy is that half - street improvements must be made. Councilman Hilligoss inquired if Court Street is considered an alley or a street, and Mr. Hall replied that it i s classified.as a street.. Councilman Cavanagh asked why the policy wasn't enforced when- Pacific Telephone located there, and City-Engineer David Young . explained that the telephone company and the other companies located there were to have their ingress and egress off of Howard Street. Nevertheless, these companies have been using Court Street. Mayor Putnam opened the public hearing. Dr.. Glenn Koby explained he felt Court Street was essentially an alley, and there are larger developments backing onto Resolution 47907 N.C.S. upholding.the appeal of Glenn A. Koby_by deleting Condition 410 of the site design approval was introduced by Councilman Perry, seconded by Councilman Hilligoss and adopted by seven affirmative votes. RESULTS OF BID; OPENING Purchasing Officer Chuck Huffman explained that sealed F6 a 1 ONE DUAL PURPOSE bids for: one new dual purpose ' l vi.b`r -ating roller machine VIBRATING ROLLER were opened on September 19, 1977 at 9:00 a.m. The MACHINE three bidders were: Rix Equipment Company with three RES 47910 NCS alternates, Ricker Machinery Company and Empire Tractor Company. The low bid was '$4,812.93, and the high bid was $6,238.80. The Public Works Department recommends the Council accept the bid from Ricker Machinery Company in the amount of $4,886.18. Councilman Hilligoss inquired why the low bidder was not recommended and Assistant Public Works Superintendent Harold Jones explained the proposal from Rix did not meet all of the specifications on the bid document. Ricker Machinery offered an Essick Roller which meets the specifications. Councilman Perry inquired as to the delivery date, and Mr. Jones replied it would be delivered immediately after award of bid. Resolution •17910 N.C.S. awarding contract for one dual purpose vibrating roller machine was introduced by Councilman Perry, seconded by Councilman Hilligoss and adopted by seven aff,i- rmative votes. LETTER FROM City Manager - Robert ._Meyer* stated the policy, of the FF- ANDREW KVALHEIM =- Council is that everyone he.m' - ade aware of the closure > >. REQUEST CLOSURE OF of stree:t.. He stated'Ppl•ice Chief Murphy believed FOURTH 'STREET there would be no ;problem with the street closure and recommends the request be granted. A motion to close Fourth Street between "D" and "E" Street on Sunday, October 2, 1977 was introduced by Councilman Harberson, seconded by Councilman Bond- Motion carried unanimously. "Court Street that have not been required to develop half - 'street improvements. Councilman Perry suggested that Dr:. Koby's patients are on a schedule and he has no emergency cases. Therefore would it be possible for his patients to enter from and exit onto Howard Street? Dr. Koby replied that would be fine with him, and he would 'be happy to redesign the parking area. After further discussion, Mayor Putnam closed' the public hearing. Resolution 47907 N.C.S. upholding.the appeal of Glenn A. Koby_by deleting Condition 410 of the site design approval was introduced by Councilman Perry, seconded by Councilman Hilligoss and adopted by seven affirmative votes. RESULTS OF BID; OPENING Purchasing Officer Chuck Huffman explained that sealed F6 a 1 ONE DUAL PURPOSE bids for: one new dual purpose ' l vi.b`r -ating roller machine VIBRATING ROLLER were opened on September 19, 1977 at 9:00 a.m. The MACHINE three bidders were: Rix Equipment Company with three RES 47910 NCS alternates, Ricker Machinery Company and Empire Tractor Company. The low bid was '$4,812.93, and the high bid was $6,238.80. The Public Works Department recommends the Council accept the bid from Ricker Machinery Company in the amount of $4,886.18. Councilman Hilligoss inquired why the low bidder was not recommended and Assistant Public Works Superintendent Harold Jones explained the proposal from Rix did not meet all of the specifications on the bid document. Ricker Machinery offered an Essick Roller which meets the specifications. Councilman Perry inquired as to the delivery date, and Mr. Jones replied it would be delivered immediately after award of bid. Resolution •17910 N.C.S. awarding contract for one dual purpose vibrating roller machine was introduced by Councilman Perry, seconded by Councilman Hilligoss and adopted by seven aff,i- rmative votes. LETTER FROM City Manager - Robert ._Meyer* stated the policy, of the FF- ANDREW KVALHEIM =- Council is that everyone he.m' - ade aware of the closure > >. REQUEST CLOSURE OF of stree:t.. He stated'Ppl•ice Chief Murphy believed FOURTH 'STREET there would be no ;problem with the street closure and recommends the request be granted. A motion to close Fourth Street between "D" and "E" Street on Sunday, October 2, 1977 was introduced by Councilman Harberson, seconded by Councilman Bond- Motion carried unanimously. J September 19,1977 RECESS The Council recessed at 9 :47 p.m. and reconvened at 9:55 p.m. LETTER OF APPEAL 'The Deputy City Clerk read the agenda item and the REGARDING D9NIAL OF packet information list that were transmitted to the REZONING 5,.:8 ACRES City Council from the Planning Department and .from the ' 1650 ELY BLVD. N City C'lerk's office. Prior to the hearing,, Mayor �60 GOLDRICH, KE:S Putnam explained to.the audience that it is the respon- ASSOCIATES sibility of the-Planning staff headed by the Planning ORD #1263 NCS Director, as well as other members of the. staff, to produce information that is brought to the Planning Commission, to the Council, or to both. They mus;t.gather as much information as they can on a particular matter, analyze the information and present it to the Council with their professional opinion. Community Development and Services Coordinator Frank Gray began t:he staff reports by explaining to the Council how the community got involved in housing and what the Council policies have been up to this point, in or=der for th'em.to understand the background of the they would be faced with tonight. Mr.: Gray stated that in 19.71 the Council began a program of .residential de- velopment control in Petaluma which constituted the drafting of the Environ- mental Design Plan. A large portion of that pro:g <ram.was 'geared toward.hous;ing %, providing for all economic segments' of the community. In accordance with the, changing state law, the City had to prepare and adopt a housing, element to the General Plan. This was eventually adopted in 1972•, and :the Council has closely adhered to this element of the General Plan. Mr. Gray stated that the next major step was., with the advent of special revenue sharing funds from the Federal government called the Community Development Block Grant;Funds. This was a- concept where the'Federal government took several different kinds of grants, .such as f;or housing, open space, handicapped and redevelopment,; .and combined them into one grant that would be available to lo c ies. The ,individual cities could then decide how the money would be expended. In 1975, Community Development':Block Grant Funds were available to the City of Petaluma:; and with .those funds, we installed wheelchair ramp's. Also in 1975, the City Council -prepared and adopted a housing assistance plan for the City., This was' filed with the Federal and"identif ied the housing need's .of.th "e City. This plan serves as a basis by which the Federal government reviews housing programs that each city has available% to it through HUD. Mr.. Gray ;explained that an important part of the.administration of the Community Development Block Grant is the participation by the Citizens' Advisory Committee,. This committee makes recommendations on how and locations where the money could be expended:. The' Council. has tried to make this ,committee as broad .based as; possible, and the City of Petaluma has one of. the larger Citizens' Advisory Committees in,. the Bay Area for its size. Mr. Gray further explained there are two separate parts to the Community Development:Block Grant. One is a grant program whereby `a• city receives funds to do 'projects as a city for the benef't of, the citizens. In essence, this program is returning the taxpayers' dollars back to the taxpayer; and the. project is city sponsored. The' other part of. "the. Community Development Block Grant Rrogram is what the Federal..government� calls the New Housing Construction Loan Program., Under this,pro:gram, each year the Federal government sends .out notices to developers in a particulararea that certain amounts of money are.available for units to be constructed under loin interest loans that would be secured from.HUD. Such a, proposal wen -t out- earlier this year; and 'Goldrich, Kest and-Ass ciates- went to various agencies, and "reviewed -the housing,assistance plans. It was found that Petaluma had. the greatest need for senior citizen and' low- to moderate- income housing,. Mr -. Gray, said that Mr. Robert Hirsch contacted the staff to see if the City was interested -in con - structing this type of housing;; and.n order to carry out the Council "s policy, the.staff was interested. There were many .other proposal's within the four county area but it was found that Petaluma had the g.rea so•develop- ment of the project was awarded to Goldrich, Kest"and Associates., Mr. Gray explained it has been the staff's adm- iais,trat ve responsibility to seek out means to fill the:community need. The staff has worked closely with devel- - opment proposals that would meet these needs, and this proposal is the only over a five year period which will provide for the housing` needs of the low- to moderate - income and senior citizens. Housing Coordinator Janie Warman gave, the next s taff, report. She began by stating that for-the 1977 - year the City of Petaluma has received preliminary approval approval for an unprecedented $220,000 of Community Development .Block Grant September 19, 1977 LETTER OF APPEAL Funds. Each year the City must apply for HUD funds REGARDING DENIAL OF because it must remain on a competitive basis with REZONING 5..8 ACRES other cities and the money is awarded, in part, based 1650 ELY BLVD. NO. on past perf`ormance'by a ;city, in trying to meet its GOLDRICH', KEST & housing needs. This year under the Section 8 New ASSOCIATES Construction Housing Program, a preliminary response ORD #1263 NCS was received from HUD that 'it was considering a pro - (Continued) posal for 100 units to be built in Petaluma and the City was to respond with any objections. Ms. Warman explained that because the City has 1,700 `,persons who have need of this kind of housing, the City responded 'with no objections. She further explained the developer came to''the City and inquired about possible site locations,-and the 1976 Citizens' Advisory Committee had'approved three sites., one of was the St. James property. Ms.. Warman explained she had met with a"local realtor, Mr. Hirsch, and a representative of Bishop Hurley and she told them the site was acceptable to . the citizens' group, to the City 'Council to HUD. She then wrote to the Bishop explaining the possibility of obtaining HUD funding for this project to include 'senior citizen and family development. At this point it was up to HUD to decide which proposal was most superior from the four counties. Ms. Warman then read a portion of a letter'from Julian A. Fitzhugh, Program Manager, Area B of HUD, which stated that if a city takes steps to impede housing ass stance, appropriate remedial action , will be commenced and those actions may include reduction of approved grants. and /or rejection of proposed applications. Ms. Warman ended her staff .repoxt by stating that the Council has made a commit - ment to meet its community needs and'the need for housing is here. She stated there are over 1,700 persons who need housing assistance and those people will be eligible for the 100 units, Ibeing proposed. Last year there were 233 appli- cants who went to the Sonoma County Housing Authority looking for assistance and only 42 of those people were able to achieve housing assistance.. Ms. Warman stated, that the proposal is only for 100 uhits the City of Petaluma has a populat- i:on.of close to 32,000. Planning Director Ronald Hall explained this is an appeal hearing from Robe Hirsch, Goldr - -ich, Kest and, Asso'ciates; regarding the Planning Commission denial of rezoning 5.8 acres on the corner, of Ely Blvd—and East W ashington Street to allow for 44 'amen tg A anar -tment un -its for low -to moderate- income to be known as St. James_ Gardens and 56 senior citizen, units to be known as St. James Manor. St, James'Gard'ens will be a garden -type apartment including six two story four -unia structures -and 20 single -story units. A breezeway with a stairwell will serve the two- story,.four -unit structures,_ and the entrance to each unit will be, from the connecting breezeway.. Each unit will have two bedrooms and one ba'th', and 2 square feet has been reserved for a recrea- tional area. St. James Manor will include 56 two -story units and will include a lobby and recreation.area of 1,200 square feet. The entrance to the laundry room and to all units will be through an intteriorcor-rdor. Each unit is comprised of one 'b,edroom and one bath, and some have been sepecially designed for the handicapped. Mr. explained the project is consistent with the General Plan and with the Environmental Design Plan as amended by the Council. The EDP designates this area as Urban High, 20 units per acre, and the General Plan designates it as Urban High Density. Mr. Hall read from a portion.of the Housing'Elemen.t which stated that over the last 10 years, the major development in the eastern section of Petaluma has been large scale subdivisions. It further stated there should b.e more integration of high density rentals, single- family homes and townhouses. It is through the use of such development schemes-that attractive integration of residential densities and types can be achieved through the provision of open space communal- recreational facilities and-other such amenities. Mr. Hall stated there would not be a significant effect upon the environment based on the following findings: There will be no significant traffic increase generated by the project. The developers have been required to do half- street 'improvements to Ely Blvd.. North from the private acces's street to the property to East Washington Street.. There will be minimal impac't.on the schools and increased water runoff will be minimal. There will be an abundent amount of landscaping provided, and the noise level will be .low,. Landscaping will provide the adjoining neighbors with 'a noise buf,fer also. Replacement of trees removed from Washington Creek Channel will, - be required. An archaeological survey will be done prior to extensive grading and if any archaeological sites are discovered, the project will be detained until recovery is complete. Based upon these findings, a negative declaration was recommended by the Planning. Commission and officially filed with the County, Clerk. 01 a:1 September 19, 1977 LETTER OF APPEAL The following_ reasons have been given for opposition to REGARDING DENIAL OF the project: undesirable change in•land'use, unde- REZONING 5.8 .ACRES sirable change in density, potential" parking and 1650 ELY BLVD. NO. traffic problems, inadequate emergency access and lack GOLDRICH, KEST AND of parking for St. James Church. Mr. Hall explained ASSOCIATES that. the concerns are valid, and the :Pla- nning.Depart ORD #120 NCS meat ; and reviewing 'agencies have 'consid"ered...all of the (Continued) above potential problems and recommended mitigating - measures to effectuate a better and more harmonious design. The developer has said he would -be willing to change.the design to have single story units interface with single- family dwellings on 'Rene Drive and East Madison Street. The developer hired Renato G.:Martine'z to do a traffic impact study on the proposal, and his findings were that the develop- ment would not contribute unfavorable traffic conditions. Mr. 'Hall ,explained the Planning Department: felt this project of 20 dwelling units per 'acre would be compatible with single - family development of five units per acre. The project is actually considered moderate density rather than high density, based on residential density standards. The site is •a sensitive one .as it is adja- cent to St. James Church and necessarily requires that- another use other than conventional single- family dwellings be developed as a transition.: Mr. H4T1 stated the Planning Commission had lengthy hearings on the matter and denied the rezoning by a four to three vote. However, the Planning Department con- tinuesI to recommend approval of the .rezoning with an amended set of conditions which have been recommended by HUD. Housing Coordinator Janie Warman then presented slides that had`been taken of various Gold'rich, Kest and Associates developments throughout the area. She stated that management is very important, and Goldrich, Kest and.Associates appear to do an excellent job. Mr. Gray and she, along with Adrian Cooper; and George Engfer toured several of the developments. Mr. Engfer,, after viewing the various developments, feels both the interior and exterior of the units are excellent. Hle talked with „several elderly people and was told . that the complex was very nice. The development provided for vegetable gardens and flower gardens, and the trees' were maintained by the developer,. Ms. 'Warman stated that the complex to be built for the senior citizens, will include' elevators 'security and emergency `b,uttons as well-as emergency stairways,, Councilman Harber'son inquired about the' disadvantages of the other locations in Petaluma. Ms. Warman stated she'had asked: HUD to come to Petaluma to look at nine other. sites. 'She went with -the HUD appraiser to five sites of. available vacant land for' sale or possibly could be for sale. These five were in addi- tion to the two the Citizens'' Advisory .Commi-ttee had recommended. Out of the possible nine, there were three al,ternatives..' The appraiser then ha'd a. .meeting with. the Chief of the Evaluating Division in HUD and several other - members of HUD to look at -his photographs and' siting conditions of each of the properties. Ms. Warman stated that their statement to her was after looking.at the nine sites, the St. James property seemed to be the superior one. Councilman Harberson inquired whether HUD had ever mentioned to Ms. Warman the lot located at Ely .Blvd. and Madison Street, and Ms. Warman replied the Church desired to retain it as their, own property. Councilman Harberson inquired to what extent the seniors were involved in the planning of the project, and Ms. Warman replied there were seniors partite- pating`on the Citizens' Advisory Committee.. Councilman Harberso asked iff the Citizens' Advisory Committee had, discussed the mixing of elderly and families in one'development.. Ms. Warman said they had not. The committee was dis- cussing.a site for senior citizens' housing,. Since that time, HUD has said the City would not b.e 'fund'ed for senior citizens only. The Bishop is aware of the mixture of family and seniors in the development: Ms'. Warman explained, when Petaluma receives money from HUD, there are certain conditions that the City must ,follow. HUD has said we can have f und-ing for 56 senior citizen units and 44 family units., Councilman Harberson then inquired if additional parking is required., would it be developed out of the open space area or from the buffer zoneZ Mr. Hall explained there would be an,a•rea set aside ba'sed.upon a prac- tical need.. There is 'a great abundance Of landscaping, and some of this landscaping would be removed to add additional parking at a later time. Mr. Hall said because the is a great deal of opportunity for expansion of parking and because this is a moderate density development., there would be no problem adding parking. However, the Planning Commission preferred to retain. the landscaping if the parking is not needed. September 19, 1977 LETTER OF APPEAL After several more' questions from Councilman Harberson, REGARDING DENIAL OF Police Chief Robert Murphy stated, he had explored'the REZONING 5.8 ACRES Livermore Garden Apartments and found them well - designed„ 1650 ELY BLVD. No. well- lighted and well- managed. 'The two problems he GOLDRICH, KEST AiVD found were caused by :children on skateboards and ASSOCIATES bicycles going. to school.. The complex is mixed in age ORD #1263 NCS but most are senior citizens. Chief Murphy had talked (Continued) with Sgt. Lee of the Police Department in Livermore, and Sgt. Lee explained there had been no problems with the development. Also, Chief Murphy had inquired of the Petaluma Police of- ficers regarding the Park Lane Apartments and they stated that there were no significant differences in calls for services there. In the absence of Planning Commission Chairman Anthony Wright, Councilman Balshaw, who is the Council representativeto the Planning Commission, com- mented on the Commission's denial of-the rezoning. He explained the four to three vote against the rezoning was.not because of the physical attributes of the development. The members were impressed by Commissioner Waite's comment that zoning is somewhat of a sacred thing and is there to protect property owners. They were also swayed by the fact that only one person spoke in favor of the project. Councilman Balshaw said his interpretation was that the denial of the rezoning was more on the concept of planning rather than the physical attributes of the development. The developer, Mr. Robert Hirsch of Goldrich, Kest and Associates, began his appeal by stating it is important for the citizens.of Petaluma to know that the proposed development has gone through a great deal of scrutiny. The proposal before the Council tonight is a .result of a considerable amount of input by the homeowners in the area, as well as the City staff. As a result of all the input, many good revisions have been made to the plan. Mr. Hirsch explained he will be installing a six -foot concrete block wall entirely around the church property except for the first 25 feet. back and also along the rear property line and several'other:sides of the.development. That wall will.take care of a substantial drainage problem as well as be a boundary line for the adjoining residential property. Als 'o,•in addition to fulfilling the requirement of the City regarding half - street improvements along Ely Blvd., Goldrich, Kest and Associates will voluntarily make full =street improvements along Ely Blvd. from East Madison to East Washington Street. This will be a substantial improvement to the area and will add considerably to the betterment of the community. Mr. Hirsch explained that Gold,r;ich, Kest and Associates are going to have a certain portion of the area along East Washington Street for the channel improvements completely through their property, and the developer.will utilize the 20 -foot roadway that will b'e - required by the ,Sonoma County Water District for emergency fire ingress and egress and for a pedestrian walkway to the bus stop at the corner of East Washington Street and Ely Blvd. Mr. Hirsch explained this apartment development will have 65 percent open space and the R -1 -6,500 resi- dents adjacent to the development have less than 50 percent open space. He further stated there would be a minimum - number of. children from this develop- ment; substantially less than if.th'e same area was developed with single- family homes. Mr. Hirsch explained that ownership and management is important. Goldrich, Kest and Associates take a considerable interest in their develop- ments and the.management will be long -term. Mr. Hirsch explained that Gold- rich, Kest and Associates had secured the'fnances, and this development could become a reality. He said there is a total of 1,700 people that could use this development. He added the Residential Development Control ordinance and the Housing Element of the General Plan provided that 8 to 12 percent of new hous- ing would be for low - to moderate - income people. To date, nothing has been built. Passage of the proposed' development tonight would be. the first demonstration by the City Council to meet these housing needs. Mr. Ernie Bennett.of the Golden Ager.s and the Sonoma County Council on Aging stated five points that may not have been made clear regarding the proposed. development. (1) The City would like.to use the for a seniors only project but at this time hake not been able to find a developer to build such a project. (2) There has been a suggestion that the landscaping would suffer because of the water shortage. Mr. Bennett explained there would be no .problem due to the requirement that the developer dig a'we11 and provide enough water for the expected usage. (3) The development would not become a slum area due to the fact that applicants will be very carefully screened and only low- and moderate- income people who,are working and can pay the rent will be eligible to live in the development. (4) Because the - owner, and developer of the project will also be responsible for the management of.it, they will be as concerned as Q9 September 19, 1977 LETTER OF APPEAL REGARDING DENIAL OF REZONING 5.8 ACRES 1650 ELY BLVD. NO:. GOLDRICH, KEST AND ASSOCIATES ORD #1263 NCS (Continued) the citizens in the area that it is managed properly. 1�1r. Bennett feels the project will be one the property owners will be, able'to point to with pride. (5) It take's a • g -reat deal of time 'to °get a project of this sort of'f' the ground; and-if the Council idoes not. proceed'with this proposal,, it will be a long time before another opportunity present's itself;. Mr. John, Allison then spoke in favor of the project. He stated he lives 310 yards from the proposed deve•lopment., and he. feels the need for this type of development is well documented. His main concern was the fact that there would be senior housing adjacent to single- family dwellings_. From two years' experience as an environmental psychologist., he'sta ed the design plan of the development is remarkable:be'cause it allows senior citizens open as well as closed space. Mr.. Allison ,felt this wis extremely important because often a senior citizen would want to be`with childr=en but at other tmes'`would.'want some _quiet and solitude. Mr'. Allison feels this development contains the best of both. Following the 'p:resentat by the appellant and :those in favor of the develop meet, the staff was permitted to ask questions of the appellant•. City Manager Robert Meyer inquired if Mr. Hirsch had any problems regarding the 25 c "ond- tions the staff- had recommended if the Council passes the proposal.. Mr. Hirsch stated there are no serious problems, but he did question the requirement for installation of a sprinkler system. He explained the development would meet all the City building. codes., which the Fire Departmerit may not realize,,, and the 'building will -have a safety 'warning' system, with flameproof' carpets and drapes in each unit. Mr.. Hirsch• stated if these precautions are sat- isfactory with the Petaluma Fire Department then he would prefer not to have to install a .sprinkler system_ Councilman Cavanagh then inquired what 'type of foundation would be used. Mr. Hirsch replied that it will b;e slab- There will be four inches of membrane and four -inches. of •rock• under that. Co'un'cilman Bond. said that `Mr. Hirsch had mentioned two possible places for emergency entrances. He inquired if one had been solidified -. Mr.. Hirsch stated the entrance 'along the East Washington.. Street r.i ht -of -wa g y for the channel. will be used as an emergency entrance and also the normal driveway entrance from Ely can be used. Councilman"Bond also mentioned there had been some discussion• regarding the.continuirig rela- tionshi7p of, Bishop Hurley to the project by his choos applicants; to live in the-development. He wondered- if there were•already a certain number of units allocated. at the• - Bishop's discretion. Mr. Hirsch replied. applications will received from many different organiza:tioris such as the churches,, the Kiwanis, the Golden.Agers, etc.., and the interview procedure will be coordinated with the City. Therefore,, Bishop, Hurley will only be submitting = names through his .local parish. Councilman Harberson inq,uired.if there would'be elevators. installed on .the - second floor in the senior complex,. Mr. Hirsch replied there will be an emergency call system and elevators and ramps for the handicapped will be installed,.- Councilman Harbers'on then asked why the senior complex was located at the extreme end of the property; Mr. Hirsch stated., . from a planning standp "ont, the elderly, have less vehicle movement in and out of the complex and fewer ;occupants per unit than the 'family units. At the conclusion of 'the questioni-ng,of Mr. hirsch, Fire Marshal Clyde Thomas explained, in 1973„ the 'National Commission of Fire Prevention and Control had recommended to Nixon that early warning detectors and total automatic sprinkler prbtectiob7 and other suitable automatic extinguishing_ systems be required in facilities for the care and housing of the elderly. This is what the recommendation to install a sprinkler system was based upon., The spokesman for the opponents to the appeal was Mr. Ernest Vivas. He stated he lives at the corner of Ely and East Washington Street. The first objection is if the Council votes affirmatively on the p.ro,posal, it will be subdividing land by rezoning and the eventual use of the land will probably be commercial. He stated that the staff has said that residences across;fxom commercial zoning do reduce in value. Regarding the City's losing possible. future funding,, Mr. Vivas said that he had been in contact with the office in Washington and with Senator Hayakawa's o`ff'ice, and Mr. Vvas' guaranteed that the City would not lose any Community ;Development Block Grant 'Funds, Highway Funds, Revenue Sharing Funds, etc. Mr. Vivas ptated,'the question of access has continually been brought up, and tonight it was finally decided to 'have' an access through the Water Agency. Mr. Vivas wondered if the: Water Agency would allow fire or emergency vehicles' to ,go through their easement; and if° they would, could a 30= foot turn on a 2'0 -foot road. Mr. Vivas believes the 1 September 19, 1977 LETTER OF APPEAL church property will ,be used for emergency vehicles. REGARDING DENIAL OF Mr. Vivas stated neither the Council nor the Planning REZONING 5.8 ACRES Commission had discussed" where the parking for the 1650 ELY' BLVD.. NO. project will-be.. He said the City Zoning Ordinance GOLDRICH, KEST & requires that a plan must be complete. He stated that ASSOCIATES this project has never been complete from the beginning ORD #1263 NCS of August until °now. Mr. Vivas further addressed him= (Continued) self to the lack of a well site on.the plan; to the problems those people in wheelchairs will have regarding accessibility to buses and shopping, etc.; to the parking situation and to the eventual noise problem. Mr. Vivas stated he had contacted the Commission on Aging and the Department of Aging for the State of California and has been authorized to state that both agencies would work very seriously with the City, if this proposal is rejected, to provide adequate housing for aging with input from the elderly and from people who are known experts in the field. At this time,'Mr. Vivas entered into the ,record a letter from the Petaluma Gardens Homes Association signed by Larry Gizzi, President, and a petition in oppo- sition to the project with 2,442 signatures. He also desired to correct the record as to the amount of people who had signed previous petitions and those amounts were 198 and 188. Mr. Lou.Rasmussen spoke in opposition to the project. He stated he hoped the site would be used for a.seniors only project. Low - income housing is also needed but not in the same development with seniors. Mr. Rasmussen stated he was very involved with.'the.selection of the site for senior housing, and he understood that this property could be bought for $53,000. The Bishop's appraisal price.now is $50,0.0.0, and his hopes were destroyed when that $53,000 was to be used for th`e development of low - income family and senior housing. He presented to the Council a. petition with 745 signatures requesting that this development be designated for seniors only. 216 of those signatures are senior citizens. Mr. Ken Thomas spoke in opposition to the project and addressed himself to the traffic situation. Mr. Thomas lives one block.from the proposed development. He felt the traffic study furnished by Mt. Martinez is biased and has not taken into consideration the proposed project. Mr. Thomas stated he has complained numerous' times to the Police Department on the present traffic situation. Mrs. Vivas next spoke in opposition to the project and stated that other Goldrich, Kest and Associates developments throughout the Bay Area are sur- rounded by commercial development. Only one development in Mountain View has two sites adjacent to R =l residential.. All are located next to freeways, and all are located in comparable areas except for the City of Petaluma's develop- ment. Mr.. Jack Fir spoke in.opposition to the project by stating that when the issue came up regarding the housing development, he put up his house for sale. He stated he has had countless people through his house accompanied by real estate agents, and every real estate, agent has told.him he will have a very difficult time selling the house with the proposed' project going in. Father Cleary, Pastor of St. James Church,_ then spoke in opposition to the development by stating that the residents of Petaluma have come to live here to get away from developments such_ as the proposed one. He stated that city people are doing a grave injustice to the residents of Petaluma. He further stated that the traffic engineer,, Mr. Martinez, could not have done his survey within the last six months. City Engineer David Young stated that -the traffic study had been made on August 3, 1977. City Attorney Larry Klose clarified a few o.f the legal points that Mr. Vivas had brought up in his testimony. Mr. Klose stated there is,no subdivision of land involved in this rezoning. The land is subject to the parcel.map pro- cedure of the Subdivision Ordinance and will be back before the Planning Commission and possibly before the City Council for consideration of the parcel map for the division of the property.. Mr. Klose then stated that access through church property could only be acquired by the consent of the Bishop. Before the project goes through,the City must have legal documents from the church and from the Sonoma County Water Agency with the assurance that those accesses could be acquired.- Regarding well site, location, Mr. Klose said it.is.possible that the well site could be located off site. Mr. Klose further stated that at such time-as the need is identified, a bus system in Petaluma will be required because of its federal and state.funding to provide wheelchair access onto the buses for residents. J September 19, 1977 LETTER OF APPEAL REGARDING DENIAL OF REZONING '5. & ACRES 1650 ELY ,BLVD.;NO. GOLDRICH, •KEST AND • ASSOCIATES ORD #1263 NCS (Continued) City Manager Robert Meyer asked Mr. Rasmussen if he still hoped that senorhousng would go in that location "_ Mr. Rasmussen replied that he believed the community would support that. He said'that if there -is a better site for housing-, then the project should be developed ;there; but as "a member of the advisory committee .that,selected the site at Ely and East Washington Street, Mr. Rasmussen stated that he felt it was the,best possible site for senior housing. Councilman Harberson. inquired of Mr. Vivas what other possible alternatives he could suggest that could be developed _in the same time "sp_an as this project. Mr. Vvas stated that he had based-his time span on a comment made the other night that construction on this project would not begin for another year if it is appr"oved.tonight. Mr. Viyas said there are 235 funds available fo:r housing financing•,, but in this area this funding.hasn't been very successful because of the price of houses. He further stated he believes low- income families would like to Live in a with a yard rather than in an apartment. One other alternative Mr. Vivas 'presented was to take a portion of the- McG'ah -. Bailey Development and allocate that to low-income families by a combination of funds such as Fund 235 and housing finance funds from the State. of California. Councilman Bond inquired if the developer does have a.complete project.. City Attorney Larry Klose stated he,has reviewed the project in depth.and compared it with the Zoning Ordinance and those requirements. It is a complete project in terms of the Zoning Ordinance. After further questions by the Counch, Councilman Hilligo inquired if' the project didn't go through, would it have any effect on the funds which the City already has such as :the public works money. Mr.. Gray stated, to his knowledge, it wouldn't have any effect.. Mr. Hirsch began his final statement by calling on his attorney Mr. Matthew Hudson of Lafranchi, Mickelsen and Hirshfield. Mr. Hudson addressed himself to the statement made by Councilman B'alshaw regarding the Planning Commission's concern about the status of zoning and the fact that zoning is to protect property values and to insure stability in a community. Mr. Hudson.further stated that stability is an important thing and the Council should recall two provisions. One was in the Environmental Design Plan where the Council has said the plan cannot be rigidly interpreted in every detail. Mr'. Hudson then read the following from the Environmental ]Design Plan, dated March 2'7; 1972, page 4 ". the Plans cannot be rigidly interpreted in every detail:. The public bodies will measure private proposals against the Plans; proposals which do not measure up to standards and design will be turned -down. If a proposal is shown to be superior to the Plan, it should..be approved and the Plan appropriately amended. The important fact is that the Environmental Design Plan provides :a good standard for the City to hold in view." Secondly, the City Council specified the Zoning Ordinance is intended to be in harmony with the' General Plan; and when an amendment is made to the EDP, it should also be.'reflected.'in the tZoning Ordinance., In this case the Council has amended the Envir.onmental.Design Plan to allow for developments such as the one proposied. Therefore, the Zoning Ordinance should. also be amended. It is consistent with the requirements of the law, as well as with the requirements of, this parti- cular proposal. Mr. .Hirsch stated that his company has a very good track record and does a good management. job. He said he didn't hear any opposition to the findings contained in the ordinance-, and he feels they have all.been appropriately covered. His firm ha's also made several other offers. Mr. Hirsch further stated that the type of family in the development will be a young couple. with one child. The husband will be the wage earner and. will usually.be employed locally. He also stated that the maximum mortgage on the 235 funding program which Mr. Vivas mentioned will not cover,1;0;00 square feet of housing tonstr:uction. Mr. Hirsch :stated the need for housing; is here;, and there is no other, program before the Council to serve the need of the elderly and the handicapped. The firm of Goldrich, Kest and Associates would like to provide that housing. The Council recessed at 11:45 and reconvened at 11:52 p.m. Mayor Putnam then presented a,letter, with four signatures, to the Deputy City Clerk The letter addressed itself to the name of the development. Mayor Putnam stated she had been under the impression the request had come.from the church to call the development. St. James. Mr. Gray stated the project was submitted as Petaluma Manor and. Petaluma Gardens. but the Bishop,, as a condition, of _sale, wanted the development to be named St. James Manor and St. James Gardens. September 19, 1977 LETTER OF APPEAL After further discussion 'C'ouncilman Harberson stated REGARDING DEN.IAL.OF that there are a number 0 tea sonis for and against the REZONING 5.8 ACRES project. He- s`tated,there,is a need for senior housing 1650 ELY BLVD. NO... and low - income housing and also a need for handicapped GOLDRICH, REST AND facilities. Councilman Harbers:on said that Ely. Blvd. ASSOCIATES and Washington Street is a. dangerous intersection and ORD #120 NCS needs to be improved. With this development, it will ('Continued) be improved. He further stated fie felt the housing will not be slum housing. He believes the developer does a good job. On the other hand, Councilman Harberson said he was unhappy about the lack of senior input and was concerned about the corner lot at Madison and Ely Blvd. ,He stated there will be a slight increase in traffic as a result of the development, but there will be a lot more traffic generated by the other subdivisions going in. He stated that he wished the well situation . had been discussed much more; and in addition to the corner lot, he is con- cerned about the open space in the development. Councilman Bond then spoke and said he appreciated all the hearings and the involvement of the staff and the citizens. He also stated that there has been no input, though, from the nameless, faceless people who might live in such a development. Councilman Bond further stated this project is not perfect. There are always difficulties with developments, but he stated he has the feeling that if this project is defeated, it will be defeated for the wrong reasons. Councilman Bond said he would support the demonstrated need. Councilman Perry then inquired if the.water storage in the tanks at the foot of East Washington Street is sufficient for this project. City Engineer David Young stated that it was. Councilman Hilligoss stated she felt the City of Petaluma has promised to make room for all people. She stated she has gone to see Goldrich, Kest and Asso- ciates' developments in ;San Jose and Palo Alto.,' and she was very impressed. She indicated if the City doesn't approve this development tonight there is not going to be any housing for the elderly. Councilman Balshaw stated that he felt that the City should not change zoning adjacent to an existing development so easily. If a street or if the church had been separating the development from single - family homes, there would have been no question in his mind. He felt wherever this development is put in the City the reaction of the citizens would be the same. Councilman Cavanagh stated that he did not understand how government could force a development such as this one on the citizens against their will. (Resolution #7911 N.C.,Si granting the appeal of Goldrich, Kest and.Associates from the action of the Planning Commission denying the appellant's application to rezone a parcel of real located on the northwest corner of Ely Blvd. and East Washington Street and making findings thereon was introduced by Mayor Putnam, seconded by Councilman Perry and adopted by four affirmative and three negative votes. Councilmen Balshaw, Cavanagh, and Perry voted no. At this point Mayor Putnam stated that she treasured this town very much. She said it is a wonderful community and will continue to be so. The ordinance had been published as required by law. Notice of the public hearing was mailed Septemb'er`&, 1977 to 75 property owners within a 300 -foot radius of the project. Also filed are various- letters and reports submitted to the City Clerk (Exhibit A and Exhibit B) dated September 15, 1977. A letter from Larry Gizzi, President of the Petaluma Gardens Homes Association, in opposition to the development was filed. A letter from Paul J. LeSage, Pricilla LeSa'ge, Mchele,Caldwell and Clifford D. Morgan regarding the name of the development was filed with the City Clerk. Maps of other Goldrich, Kest and Associates' developments within the Bay Area were submitted by Mr. Ernest Vivas to the City Clerk and filed. A petition opposing the entire project containing 2,442 signatures was submitted by Mr. Ernest Vivas to the.City Clerk and are on file. A petition, containing 7 signatures,, in , supporrt -of' senior housing but deleting low- and moderate - income housing was submitted by Mr. Lou Rasmussen to the City Clerk and filed. Ordinance #1263 N.C.S. amending Zoning Ordinance #1072 N.C.S. by reclassifying a portion of real property' located at the north- west corner of Ely Blvd, and East Washington Street from R -1 -6,500 to a Planned Unit Development was adopted by six affirmative and one negative votes. Councilman Cavanagh voted no. September 1.9, 1977 CITY MANAGER'S REPORTS A motion to add the .following three items to the agenda was made.by Councilman Ha -rber on, seconded by Councilman Hilligoss and unanimously approved: ACCEPT FINAL : REPORT Councilman Cavanagh inquired if we were just accepting. SEDWAY AND COOKE the report tonight.. 'Community Development and Services RES X67912 NCS Coordinator Frank Gray said that was all. Councilman Cavanagh also questioned what the total ;payment was,, and Finance Director John Scharer stated it was $33 Resolution X6791.2 N.C.-S. accepting final report ,f,r.om Sedway /, Cooke "Securing Agricultural Land For Wastewater I_rrigation." was.introduced'by Councilman, Cavanagh, seconded by Councilman.Perry,and• adopted by seven affirmative votes APPROVE PLANS AND Resolution - #7913 N.0 -.S'. approving plans.and.specifi- SPEChF cations for one cleaning aenorobic.diges'.ter was in- \ Yc AENOROBIC DIGESTER RES! 0`913 NCS' troduced by Councilman Ha- rbersonseconded by Council- man Bond and .adopted by seven affirmative votes.. DELETE REQUIREMENT There was some discussion on whether a well is actually FOR :DEDICATION OF needed City Attorney Larry Klose 'stated as long as WELL SITE emergency water ordinance #1233'N.C. -S. is in effect,. SANDERSON KIPCO 'there must be a well. City Engineer David Young REORGANIZATION, explained he 'is very opto.mistic about the'water situa- RES X679114 NCS Lion because the City has had such.success with well drilling. He said' it doesn't particularly hurt, the aquifer of Denman Flat, and it is helpful as a precautionary measure against . possible continuing drought situations. Resolution X67914 N. G.S. amending ;Resolution X67813 N. C.'S. t'o delete the require- ment for• dedication of a well site as a. cond= ition. of 'annexation of the terri- tory described therein and sibstitut-ng, therefore finding : that ;an adequate water supply will be assured therefore by the requirements of Ordinance 661233 N.C.S. as amended -"was introduced by Councilman Har-ber-son, seconded by Council- man Hilligoss and adopted by seven affirmative votes_ LEGISLATION AFFECTING Mayor Helen Putnam explained that the matter. of 'tax CITIES reform has not been brought to a conclusion and is still being discussed. APPOINT'- MEMBERS Mayor Helen .Putnam stated that she would like to look HISTORIC CULTURAL over the.possible applicants -f,or the Historic Cultural PRESERVATION COMMITTEE Preservation Committee more closely.and will not take any action tonight. COUNCIL COMMISSION AND BOARD'MEMBERS'' REPORTS: LUCCHESI PARK Councilman Hilligoss stated than Lucchesi,Park is not ready to be accepted yet. She said hopefully it will be,ready by the next meeting and plans are being made for some sort of opening ceremony. COUNCIL COMMITTEE REPORTS AVIATION COMMITTEE Councilman Perry explained 'there will be a presentation to the Council on the findings of the Aviation Committee. A report has been made on aviation and copies will'be given to eacf,member of the Council. City Attorn'ey:Larry Klose stated that he has-been, working on an opinion regarding the legal impac,t's of', planning an airport and potent -ial airport developmen't.- ADJOURNMENT There being no further business to Council, the meeting was adjourned executive session Thursday, Sep;tem a.m. Attest: Depu City Clerk come' be'fore the City at 12:34 a. `to an aer 2'2,. 1977 at 10` :45 ay or