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HomeMy WebLinkAboutCity Council Minutes 10/03/1977a MINUTES OF MEETING OF CITY COUNCIL PETALUMA -CALIFORNIA OCTOBER 3•, 1.977 REGULAR MEETING The Regular Meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at the hour of 7:35 p.m. ROLL CALL Present: Councilmen Ba- lshaw, Cavanagh.,, Harberson, Hilligoss, Perry, and Mayor Putnam. Absent: Councilman Bond. INVOCATION In,the absence of the Reverend Richard Shields, Mayor Putnam gave a short Invocation. PLEDGE OF ALLEGIANCE Mayor Helen Putnam led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of September 6, 1977, were approved as mailed.. The minutes of ,September 12, 1977, were ap- proved as mailed. CONSENT CALENDAR At the request, of Councilman Hi11'igoss, Item #2 was removed from the Consent Calendar. A motion was then made by Councilman Cavanagh seconded by Councilman Balshaw, to adopt the Resolutions for Agenda.Ittems X61, #3, and #5 through #14, and order the Ordi- nance, Agenda Item #4, to be published. Motion carried unanimously. r' Agenda Item #1 Resolution #7915 N..C..S. approving Certificate of Com- F 7/1 CERTIFICATE OF pliance for. E. Wayne Johnson and Gwendolyn Johnson, for � COMPLIANCE= -WAYNE .. two lots - A.P. # 343 -09, "B" Street, was adopted. JOHNSON RES #7915 NCS Agenda Item #3 Resolution #791,6 N.C.;S. authorizing the Mayor to sign F-3 3 3 AUTHORIZE AGREEMENT agreement' with Sonoma County for distribution of Safer SAFER OFF.ROAD FUNDS Off -System Road. Funds was adopted. RES #7916 'NCS Agenda Item J AMEND ZONING ORDINANCE TO PREZONE PROPERTY OLD REDWOOD HWY.'& N. McDOWELL BLVD. (FRIEDMAN) ORD 441264 NCS Agenda Item #5 CALL FOR BIDS -- THREE COMPACT CARS POLICE DEPARTMENT RES 447917 NCS Agenda. Item A CALL FOR BIDS- - COMPACT CAR BUILDING' INSPECTION RES #7918 NCS Ordinanc6 11264 N.C.S..amending Zoning Ordinance 11072 N..C.S:- bey',prezoning approximately .11.28 acres "from County Industrial to . C-,H, City Highway Commer- cial;.and, approximately 10.63 acres from County Light Industrial to M -L, City Light Industrial for property located on Old Redwood Highway, north of North McDowell Boulevard (Friedman) was introduced to be published. Resolution 447917 N.C.S. approving specifications f.or. � thr =ee compact cars for the Police Department and calling' , for bids October- 28., 1977,+was.adopted. Resolution•747918 N. C,. S. approving-specifications for , g one compact -car for the Building Inspection Department, F `f and calling for bids,Oc'tober 28, 1.977, was adopted:. Agenda. Item #7 Resolution 447919 R.C.S. approving 'specifications for F_ CALL FOR BIDS -7 one-compact- station wagon for Recreation Department ONE COMPACT STATION and calling for bids October-2&, 1977;was� adopted. WAGON -- RECREATION DEPARTMENT RES 447919 NCS Agenda Item #8 Resolution 447920 N.L,S. approving claims and bills CLAIMS AND BILLS audited by the City Auditor and approved for payment by RES 47920 NCS the City Manager,, Claims #3145 - 443232,, inclusive, General City; and, 446;13 #.,627, inclusive, Water., was adopted. October 3, 1977 Agenda Item #9 ESTABLISH CLASSIFI- � yj 5 CATION -- GENERAL SERVICES AIDE RES #7921 NCS Agenda Item_ , #10 CALL FOR BIDS RENOVATION OF CARNEGI LIBRARY EDA PROJECT #07 -5'1 =26546 RES #7922 NCS Resolution #7921 N.C.S.. establishing the classification title,, specif:icatori and salary range for General Services Aide was adop,ted. Resolution #7922,N.C.S: approving. plans and specifi- cations for renovaton_of Carnegie Library (Petaluma Historical Library /Museum Alteration and Conversion - EDA Project #07=51-26546),-and calling for bids November 2, 1977.,. was. adopted. Agenda Item #1.1 Resolution.:V923 N.G.S. approving plans and specif. - CALL FOR BID'S cations and calling :for bids for North McDowell Boulevard cq oo N. McDOWELL BLVD. Improvement Project, 'Phase I - (North of Corona Road, IMPROVEMENTS PROJECT EDA Project #07 -51- 20496), and calling for bids November. PHASE I, EDA 2, 1977, was adopted,. PROJECT #07 -51- 2'0496 RES' #,7 9 3 N.C'S Agenda Item #12 Resolution #7924, N.:C.4S.. ad•thorizing,Mayor to enter into AUTHORIZE CONTRACT a Contract with Pacific Gas ,and Electric Company for 1 n� WITH P..G. &. E.. relocation of their facilities as a 'part of North lJ RELOCATION OF McDowell Boulevard Construction Project (Corona Road to FACILITIES -- NORTH the.exs,ting Industrial Park) was adopted. McDO.WELL BLVD.. PROJECT RES 47924 NCS Agenda Item 4413 Resolution #7 °925 N.C.,S,. authorizing the Mayor to sign AUTHORIZE,AMENDMENT Amendment No. 1 to Engineering Services Agreement with r c700TO AGREEMENT -- MacKay MacKay '& Somps (North McDowell Boulevard Widening) was & SOMPS, NORTH adopted. McDOWELL, :BLVD .. PROJECT ' . . .I RES #7925 NCS Agenda .item 4414 Resolution 447926 N.C.S. approving plans and specif. CALL FOR BIDS,--NORTH cations and calling for bids November 2:, '1977', for r( 700 McDOWELL :BLVD. North McDowell Boulevard Improvement Project, Phase. IMPROVEMENT, PROJECT II - (,North of Lauren Drive, EDA Project , #07 -.51- 20496)., PHASE II, EDA was adopted. PROJECT RES #7926 NCS ( � AWARD CONTRACT -- Finance Director John Scharer.advised five bids had O ANI MAL 1 ANSNTROL CENTER tr alte the Animal Con= EXPANSION ol Center which had been opened b y the City Clerk' RES 47927_ NCS September 8., 1977, The low bidder for the project was Sw a llow Cons tructon,Company, Petaluma,., California; who bid '$,54,,32'2..96. Mr. Scharer reported the architect for the project, Lieb & Quaresma; recommended the bid be awarded to Swallow Construction Company. Mr. Scharer advised the funds are.not sufficient for the entire project cost. The: total project cost., in, eluding architect fees., is $59,771. , Praor to the end of the last fiscal year, $3,,762.50 had been expended for architect's .fees. The proj'ect.`had been refunded in the amount. of $5`0 which, would leave a deficit of $6,:008,:.8.0. Mr. Scharer suggested this amount could be from the unappropriated revenue,sharing fund, which now totals $25,0:00. He indicated. since this amount would. be within the scope of the regulations °for revenue sharing funds, it would not be necessary to 'go back to public hearings for the expenditure. Mr. Richard Lieb indicated the time for completion of the project ° would, be 120 days from the date the. contract' would be awarded.. There.was a brief discussion, and the.Council concurred the fund's should be taken from the unappropriated revenue sharing fund. Resolution 47927 N.C. awarding contract for the consitruction and other improve- ments for the expansion 'of the Animal Control Center to Swallow 'Co nstruct 1 oA Company, 4 Lakeville St reet, Petaluma, in the amount of $54•,322.96, was introduced by Councilman Harberson, seconded by Vice- Mayor;Perry., and adopted by 6 affirmative and 1 absentee votes. October 3, 1977 DEBRA HOMES REQUEST A letter dated September 26, 1977, addressed to the FOR OCCUPANCY- Mayor and City Council'by'Allen E. Nelson, Vice - President, WESTRIDGE UNIT 463 Debra Homes,, Inc:, was read,by the City Clerk and ordered filed., The Company'had asked permission to allow occupancy in the westerly portion of Westrid'ge Subdivision Unit 463, Lots t61-through City Engineer David Young indicated the•d'eveloper had written a letter in anticipation of having the public improv'ements completed by this _ date. The developer has not been able to complete the work, and the City - Engineer is not in the position to certify it for.occupancy. No action was taken on the matter. LETTER FROM:MAYOR- A letter dated September 13, 1977, addressed to the GUGGLANA, CITY OF City Council by Mayor Clement R. "Ting" Guggiana, Mayor SANTA. ROSA,_ RE SCWA of the City of Santa Rosa was. read by the City Clerk WATER USE and ordered filed. COMPARISON REPORT Mr. Guggiana ,indicated in his letter the Santa Rosa . City Council was misled by the report distributed by the Sonoma County Water Agency in that they felt the report reflected the City of Petaluma showing, an increase in water usage, rather than a decrease. The report did not reflect the fact both the City of Santa. and,the City of Petaluma had supplemented the -r water needs during 1.976 with local wells,. The letter- apologized,for any.misunderstanding generated by the Santa Rosa City Council. as a result of the report. City Manager Robert Meyer indicated the report was misleading both for the City of Petaluma and the North Marin Water District on their 1975 - water usage. He further stated he felt-the report. should- include the amount of water the Sonoma County Water Agency sells to retail customers The contracting agencies have no way-of-knowing whether -or not the se.sales water have increased or decreased. 'The City Clerk, was .directed to write a letter to the Sonoma County Water Agency regarding matter and asking for some clarification on the County's- r:e:tail sale of water.. REQUEST FOR OUTSIDE A letter dated September 23, 1977, addressed to the Fs9 s WATER CONNECTIONS -- City Couricil'by Bundesen Real Estate Petaluma, Cali - RALPH & HELEN PELTON. fornia, requesting three outside City water connections for A.P. X619- 382 -09, was read by the City Clerk and ordered ;filed. City Manager Robert Meyer stated an application has not been`fiied, but the letter asks the Council to change its policy with regard to outside water connections.. Community Development and Services Coordinator Frank,Gray stated the location is beyond the one lot „ from a water main and the 500 -foot distance as established' by Council' policy. `The Council preferred, 'not 'to take any action on the matter and instructed the C y'Clerk to 'reply to the letter. ABAG ENVIRONMENTAL A letter dated September 27, directed 'to all �� g MANAGEMENT PLAN Sonoma County- Mayors, by Councilman Gerald M. Poznanovich, MEETING, OCTOBER_ 12, Councilman of the City of Santa Rosa and the representa- 1977 tive to the Air Board', was "read by the 'City' Clerk and_. ordered` filed. Councilman P.oznanovich,pointed oust the,Environmental,Management Plan, as pro- posed by the Asso.ciation.of ,Bay Ar would have substantial impact oti'Sonoma'County; and he .encouraged .. .all cities in the County to be in atten- d at the, bcto,ber 12,, 19,7:7 Meeting.. , Mayor Putnam asked for members of the Council, in addition to Councilmman Cavanagh,,who .is the.Council''s representative to ABAG, to endeavor to attend the meeting. STREET CLOSURE-- A.letter dated September 28„ 1977, . addressed to the r WRISTWRESTLING City Clerk by Mr. F. K. Schram; ;Mana•ger of the Petaluma BARBECUE,!. SUNDAY', Area Chamber' of Commerce,' was readl`by the City Clerk OCTOBER 9,-1977 and'- ordered` filed. The Chamber was requesting the closure of Kentucky Street on Sunday, October 9, between the hours of 10:00 a.m. and 6:00 p.m., in order that a barbecue could be held as a.,pos`t- wristwrestling event. The Council, voiced no objection to the closure of the street for the event, and the Clerk was asked to advise Mr. Schram. o� 7 October 3, 1971 ~ GRANT TIME EXTENSION BRESNAN:& DALECIO LUCCHESI PARK ' DEVELOPMENT' RES #7928 NCS City Engineer David Young read a letter dated September 30, 1977, from the firm of Bresnan and Dalecio, Inc asking for a time extension of 30 days within which to complete the Lucchesi Park Development Phase I, Project 9602'. '.Mr,. Dalecio :ind'icated they have had some dif- ficulty in receiving the electrical poles -and - system for the park but,have now been given aship,p.ing date of approximately October 1. -Mr. Dalecio stated h -is -firm would need approximately 15 working days for the installation of the lighting system. City Engineer`.David Young advised he had reviewed the project with the bon tractor, and,there is a punch list of approximately 15 items which need to be completed.. An appointment has been made to review the project on October 11, and if everything has been completed at that time with the exception of. the installation -of the light poles „..the City Engineer would recommend the.City Council accep.t"completion of the project excluding. the lighting at their meet.. ing of October 17. _ Councilman'Balsh'aw questioned whether'or•not the tennis courts cou'ld:not be made available for daytime fuse. City Engineer David Young advised the con - tractor-is reluctant to, install, al.l�the items until the City is willing to accept the project because of fear of vandalism.. Mrt. Young also stated.there are workmen, at the site„ and he did not think the public should-be- using it... Councilman Balshaw indicated he would not be in :favor of extending tte; time 'to save -the contractor money. He also questioned whether the `light poles had been ordered in a timely manner by the contractor.. Mr. Young indicated 'he would try to determine this from the contractor, .but he feS,t they had been o rdered some months .ago.. There'was some' 'discussion 'on whether 'or `the City could collect, liquidated. damages °from the contractor-"due to the delay of delivery of the poles. The Cit Attorney-did not feel the City would be in a position to collect liqui- dated damages. The City Engineer was�also asked to give some attention to the handball courts when he reviewed the ,project on October 11, as there .was some question in the. Council's, b i nd whether or not they the Specif ications.. At the conclusion of 'the, discu_'ss-ion, the Counc -il determined to ; grant an, ex- tension of time.to Bresnan and DAlecio, Inc, until. November 1, 1.977', toacom- plete the entire project„ including th'e installation. of the lighting„ but to accept for maintenance al,l construction improveitents, except the tennis court lighting,, at the Regular Council 'Meeting, of. October 17. Councilman Hlligoss expressed. her disappointment] that the tennis courts were not avalable..for use, as the matter had been discussed by the Council about a month ago,. Resolution #792x, N, C.,S. , granting ;Bresnan and Dalecio, Inc. an-extension of` °time within which to - complete:Lucchesi Park Development, Phase I - Project 960'2,, was introduced by Councilman Cavanagh,,, seconded by Vice - Perry and adopted by 5 affirmative 2' negative and 1, absentee votes: Councilmen Balshaw and Hilligoss. voted "no” . GRANT PROPERTY TO City.Eng,ineer David.You:ng outlined the area to be COUNTY OF SONOMA- y . dedicated to the .Count of .Sonoma for the purpose of FRATES ROAD AND the realignment of - Frates Road at Lakeville Highway. LAKEVILLE HIGHWAY The project 'would be a' coop erative one 'between the RES #79,29_NCS City, the County„ and the State. Ultimately, it would eliminate one of the roads entering into the five -leg intersection and a better real ignment. with Frates. Road and"Cader Lane. In order to accomplish the project, it will 'be necessary to widen the area at the site of the Ci,t;y's Well No. 5, The 'specific area the 'C`oun;t_y is asking for would be,used for roadway and utility purposes. Resolution 7792.9 N.Q.S. authorizing, the grant of certain 'City property at.. Frates. Road and Lakeville Highway to the County of Sonoma -.for street and utili- ty purposes, was introduced by Councilman Hlligoss, seconded by Vi ce' -Mayor Perry, and ad!opted.by 6 affirmative and 1 absentee votes. October 3, 1977 ACCEPT SURFACE RUNOFF Mr. Win Smith'_ of the Sonoma County Water Agency had F333/- MANAGEMENT'PLAN previously,appeared: before the City Council and re- R_ES #7930 NCS viewed'the Surface Runoff Management Plan for the 5S Petaluma River And_S'onoma•Creek Watershed Basins. He stated the, purpose of his visit at this meeting .was to have the Council °:accept the Plan for transmittal to the Association of Bay Area Governments. The Plan would be incorporated into the:Enviionmental Management Plan of ABAG. Mr. Smith advised since he last spoke to. the Council, some.minor changes had been made in the Plan, copies of which had been distributed to the Council and are on file with the City Clerk. Mr. Smith advised, the Runoff Management Plan is one of the six elements in the Association of Bay Area Governments' Environ- mental Management Plan. Community. Development and'S'ervice's Coordinator Frank Gray and the City Engineer, David Young,, had met with Mr. Smith'and discussed the changes to the Plan, and Mr. Gray recommended acceptance and transmittal to ABAG. Resolution #7930 N.C.S. accepting the Surface Management Plan for Sonoma County, and authorizing transmittal of'the Plan to ABAG,, was introduced by Councilman H'arberson, seconded by Vice -Mayor Perry,'and adopted by'6 affirmative and 1 absentee votes. APPEAL BY DR. Planning Ronald Hall explained the appeal is FS5_5 LAWRENCE JONAS RE . by Dr. Jonas to two.conditions of the Resolution adopted PARKING REQUIREMENTS„ by the Planning Commission'for the Use Permit. The 206 WELLER STREET first condition was No.. 3 in the Resolution, that the seating capacity of'the restaurant shall not exceed 35, unless additional off-street parking is obtained within 300 feet'of the building site and 4 of the Resolution, at the end of three years, equivalent 'parking shall be secured f'or the development. Mr. Hall, by.means of the viewfoil, outlined the.proposed` project to be located at 206 Weller Street, Mr.' Hall ,staged at the'P1'anning Commission Meeting, Dr. Jonas brought out.the fact the'r'e -would be available parking on the street which could be utilized for the facility. 'Mr. .Hall exp'lained'that Dr. Jonas has obtained a three -year lease for 23 parking spaces on the Walter Kieckhef.er property.. The Planning Commission did not feel this was . a proper commitment for long -time use of parking. The Planning Commission Resolution asked for provisions for parking after the termination of the three -year lease. Since the structure will utilize 58% of the property,'there would be no 'space for on- site parking. Mr. Hall - state'd'Dr,.Jonas was also asking for consideration for bonus parking for his project to accommodate river travel - as had been granted by the Planning Commission to Mr. Skip Sommer for the 'Farrell House. Planning Commissioner Glenn ' Head spoke briefly to the Council, stating that when a development such as this is proposed,, the Planning'Commission requires a reasonable amount on -site parking to service the area. Once the three -year lease'.for the 23 parking spaces.'has expired, the applicant may be faced with using the public streets for parking.. Mr. Head also stated since development is rapidly taking place. around the river basin, he felt serious thought should be given'to developing a public parking area for river basin traffic. Matthew Hudson, Attorney representing the appellant, outlined'the area by means of the viewfoil, and also presented an architectural, concept' of the building. Mr. Hudson read .a letter dated October. 3, 1977, from the' Petaluma Area Chamber of Commerce., endorsing the project. A"copy of "the letter is on file with 'the City Clerk. Mr. Hudson stated the proponent will'be required 'to provide substantial public improvements, including one -ha street, curb, gutter, and probably sidewalks. These improvements would face:the proposed development' and may also include a portion of the Jack Cavanagh, St — Mooring and Landing Facility. Mr. Hudson stated it was his understanding 'the, staff was hopeful of 'having the entire portion of Weller -'Street 'd'own to the Farrell House,upgraded with public improve- merits. The issue, then,' is the parking. There is a provision for sharing where there are combined uses iri. the project, and It was Mr.' Hudson's under- standing this has bee n '.worked'oui with the Planning Commission. The"problem, then, is off - street parking and 'whether or not Dr.' Jonas and Mr.'Bascherini comply with the statutes. The parking plat prepared b the architect indicate's there will be 28 spaces available. In addition, Mr -. Hudson stated the Eagle Shopping Center October 3, 1977 APPEAL BY DR. Merchants' Association had written a letter endorsing LAWRENCE JQNAS RE the project and stating the 'G'olden EagleShopping Q p off- street PARKING, REQ Center could provide l0 to 15 additional 206 WELLER STREET parking spaces if they were r.equired.by the project. A (Continued) copy of ",the 'letter written by Steve. Amos President of the Golden Eagle Shopping Center Merchants' Association, was submitted to the City Clerk and is on file. Mr. Hudson .stayed, prior to this evening's meeting, Dr., Jonas had talked with Walter Kieckhefer,, owner of the Golden Eagle Shopping Center-, and he concurred with the .,content of the' letter. Finally, Mr.. ,Hudson, stated on the issue of the number of, spaces, it 'had been indicated by the Plann ng`Director that approximately'23 spaces located on Welder Street would be, available if the 'project is approved. Mr. Hudson felt these. 23' spaces, should;. be considered as part of*the ,project., `The real problem the developer faces is with Condition'No. 4 of the Use "Permit, which deals with leasing the ; parking spaces from Walter` Kie'ckhefer oti the opposite side of Weller Street for a three -year period. The Use Permit indicates if the pro - ponent. is no longer able to 'lease, this area for parking,, the'Us'e Permit would be rescinded. This condition is making it particularly difficult 'for the developer to obtain financing for the project. Mr. Hudson stated there is no provision in the ordinance which est °ablishes how long off:- street parking must be leased... Mr.- Hudson.pointed out the Planning Commission was faced with a similar issue on the Farrell House and changed the condition so that the Fire Marshal alone determines the number of_:seats in a restaurant. Mr.'Hud'son further stated ;their intention was not to dispute how the matter- was - resolved for the.Farrell House for the on -site parking, but felt, there could be,'a creative solution for the p'r.oj;ect, being talked about this evening as well. 'He cited an example, in the, community where off -site parking was being used by another restaurant,, namely De Schmire on ;Bodega Averiue Mr. Hudson stated he felt the building itself would be a ctea.tive use.of space,.which would otherwise be difficult or impossible to use.. He.felt the intent for the turning basin was to have attractive uses surround - ng thecbasin and not have parking directly adjacent.to the river. The proposed building would' blend with the Farrell Home and:has some of the aspects of a'riv.er boat,. Mr'. Hudson also stated since it would -be owner- occupied, the property would be. taken care of and the project would 'be a substantial addition to the tax base, the City., In ad'dition_, it would 'be „a substantial addition for the .incr:ement.funding for the, Redevelopment. Agency. The building will meet one of the goals of the Redevelopment Agency in that it will be a substantial private in the.Red'evelopmerit Area. Mr.. Hudson felt the Redevelopment Agency was formed to provide parking ,areas in the downtown area, both on the easterly and westerly sides of the.River. He felt a precedent had' been established on the decision rendered for' the Farrell Home'and the'De Schmire Restaurant, and by granting this use would not violate the present ordinance. These was some discussion'held following,Mr >.- Hudson':s ,presentation:. - ,Councilman Harberson questioned the distance from the Golden Eagle Parking Lot to the ; subject property and also the number, of seats proposed for the ,restaurant,. Mr. Hudson stated the parking area would' be within 300 'feet, and although they would prefer to have :90 seats in the restaurant, the present proposal is for between 70' to 80 seats. - City Manager Robert Meyer suggested” as the connecting area between the proposed ,project and the Golden, Eagle Shopping Center is a rather Hazardous area,, per- hap the applicant wou.1& want to build a connecting walkway with : a railing to provide some safety.factor. Mr. Meyer also suggested he was rather surprised that with all the evidence presented to the.City Council, there had been, no indication from Walter Kieckhefer, in writing,, that he was willing to provide a three -year lease for the parking .area. Mr. Hudson ind "icated this could be produced;. There was also a suggestion made by Councilman Hilligoss that' the restaurant' provide valet parking., . Mayor Putnam also questioned whether any thought, had; been given to having the -building placed on piers with parking -provided under- neath the building : M r . Hudson !s +tated the latter' suggestion had. been 'dis- cussed; .however, the cost would be prohibitive. . Dr. Jonas also stated this type of structure would require pilings, and the, engineers have suggested the pilings may hit water and would not be stable., Councilman Balshaw indicated he would not be in favor 'of the project because no attempt has been.made to °provide any off- street parking, and he,was opposed to setting' a- precedent by giving away the street parking .facility. He felt_ the applicant should -be required to supply the' necessary parking.: Mr. Hudson responded by stating he,fel;t the on- street parking should''be considered as there would Ve -no other use for that parking. October 3, 1,977 APPEAL BY'DR. There was some, further. discussion about the area of the LAWRENCE JONAS RE lot to -be covered by.the,building. Dr. Jonas stated PARKING REQUIREMENTS'., the lot itself is.only 6,'000 square feet and the T; 206 WELLER STREET would be 3,,500 square•,feet. To reduce the (Continued;) size of the building would preclude placing a restaurant in the area and in order to' provide on -site parking would reduce the size of the building drastically to such a point it would not be feasible to provide the restaurant facility. There was also some discusso„n,as,to whether or not the applicant could get a longer term lease from Mr. Kieckhefer for the proposed off-site parking of 23 spaces. Dr. Jonas indicated he was not able.to.get a lease longer than the three -year term. Mr. Skip Sommer, who plans.to .develop the Burns /Far;re House into a restaurant, asked for and was given permission to speak to the Council. Mr. Sommer indi- cated.he resents the fact that his name had been used in,the. newspapers, over the air, and in letters to the Planning Commission and.to the City.C,ouncil alleging•he:had been given,s,pecal favors for the parking on the project. Mr. Sommer felt allegations have been made that he, had been given something extra by the City of Petaluma which was, in fact, not true. He'also indicated he had tried to lease the 23 spaces from Walter K- ieckhefer for the Burns /Farrell House Restaurant but was unable,to. do 'so. He also stated he did not think the appli- cant. would,be able to renew the lease beyond the three -year period. To clarify the matter of the seating for the Burns /Farrell House, Mr. Sommer stated there would be 49 dining spaces, and he is providing 16 off; -site parking spaces. The restaurant is oriented toward the river, and it is very likely that- two or more boats would docked at the , site;.: Mr-. Sommer also stated that since the proposed Jonas development would, provide no.. on-site .parking, he could foresee a problem with patrons of one restaurant using -the.off -site parking for another. Mr. Sommer stated the City had allotted him nine seats in his restaurant be- cause of the adjacent docking facilities calculated on four persons per boat. Councilman Cavanagh then questioned whether Mr. Sommer was prepared to provide the public improvements, and Mr. Sommer indicated he would provide the half - street and a rolled curb. sewer and drainage facilities. The sewer would be 119 feet across his property.. There was some, further discussion,, and City Attorney.L-arry Klose indicated with regard to valet parking, if .permitted for the project, it would require a change in the ordinance... He also stated the developer should be aware that when the leased parking the Kieckhefer property evaporates, so would the Use Permit for the project. Mayor Pu.tnam,,indicated it did-riot seem that the Council would be able to reach a conclusion, on the. matter at .this meeting, and suggested it be continued 'to the October 17, 1977 Regular Council Meeting. The Council concurred. APPROVE CERTIFICATE OF This i.tem.had.originally been scheduled COMPLIANCE - -609 "E" Calendar as Agenda Item #2, and at the STREET (EARL AND MARY Councilman Hilligoss had been removed. HUGGANS) ` . on the Consent, F-'7 f I request of RES 47931 NCS Planning Director Ronald Hall stated in reviewing the property back to 1946,,, it was determined that both lots APPROVE .CERTIFICATE OF Were created legally. The lots.are unusual in that one COMPLIANCE' - -300 SIXTH lot,is an,isl and within the other -, Councilman Hilligoss STREET ( AND MARY stated this was her question. She could not understand HUGGANS) why anybody would.want to have a lot which would com- RES #7932 N.CS pletely encircle another. It was explained the narrow strip which creates the island ,is.an easement too allow parking for the cottage, in the : rear. The real estate agent concerned with the Certificate of Compliance explained at this point, in time both'parcels; are being deeded to a single par =t=y. The requirement for the Certificate of Com- pliance was one of the title company. Mr. Jim Webb in the area, indicated he was opposed to the request because the lot is a substandard lot and the two structures on the two different lots have nine rental units. He felt approval of the.reque-st would be a, disservice to the neighborhood. City Attorney Larry Klose advised the matter .is not a lot split; however, it is something which is required under the Subdivision Map Act due to a change in law July 6, 1977. Although it would-be possible to merge the lots, the City does not have a proper ordinance: at this time.to,accomplish this. He suggested such an ordinance be recommended for consideration by the Planning Commission and by the City Council. The City is now in a position to determine whether or not it was a legal lot when it was created. F/i October 3, 19 APPROVE CERTIFICATE OF Planning Director Ronald Hall indicated there are,many COMPLIANCE- -609. "E" substandard lots in the City of Petaluma which were STREET'(EARL AND MARY created prior to 1950,, and any change in the Subdivi HUGGANS') sion Ordinanc& should be :dealt with very carefully in RES #7931 - NCS' order' to - protect these lots created prior to that date. Some question was raised if-one of the structures would APPROVE,CERTTFICATE OF he destroyed.on these ld.ts, whether or not -it coidd.be COMPLIANCE= -30;0 SIXTH rebu,l,t,. Community'Development and Services -Coord- STREET (EARL AND MARY nator'Frank Gray indicated as long as there are special HUGGANS) provisions in the ordinance for building on a substandard RES 47932 NCS lot, the'structures could be'rebuilt•. ( Continued') There.was no further discussion and the following resolutions were adopted. Resolution h47.931 N.Q.S. approving Certificate of Compliance for Earl and Mary Hi ggans (A. P. 48° - 202 -02) , 609 "E" Street, and Resolution 47932 N.G.S. approving Certificate of Compliance for Earl arid'.Mary Huggans (A.P.,448- 202 - 03),:300 Sixth Street., wer& introduced by.Councilman Hilligoss:, seconded by Councllman'Harberson -, and adopted by 6 ofT irmat v"and.1 absentee votes." 'HAROLD WOJCIECHOWSK - I Mr. Harold Wojciechowski complained because a $'281 COMPLAINT sewer charge had been placed against his .property as a lien. ADJOURNMENT There being no further busines's to come before the Council, the meeting was adjourned. at 10:30`p.rm to an Executive Session, and to Tuesday, October ll -' .1977, at 3:30 p.m. 1