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HomeMy WebLinkAboutCity Council Minutes 11/07/1977MINUTES' OF MEETING OF CITY COUNCIL . PETALUMA., CALIFORNIA. NOVEMBER 7,._1977 SPECIAL MEETING A Special Meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at the hour of 4:09 p.m. ROLL CALL Present; Councilmen Bond, Cavanagh, Harberson, Hilligoss, Perry, and Mayor Putnam. Absent: Councilman Balshaw. APPROVAL OF MINUTES The-Minutes of October 11, 1977,, and October 17, 1977, were appr -owed as mailed,. NOTICE OF CALL Notice of Call for Special Meeting dated November 3, 1977, Certificate of City 'Clerk of Delivery of said Notice, and Consent of City Council for holding said meeting, submitted and filed. PURPOSE OF MEETING To discuss the 22 items on the Agenda. CONSENT CALENDAR Amotion was made by Vice- Mayor'Perry and seconded by Councilman Harberson to adopt resolutions for Items 1 through ,7 on the Consent Calendar and to introduce an o"rdinanee for publication, Item #8.. Agenda.Item ; #I Res'olutibn #7955 N.C.S. approving claims and bills APPROVE CLAIMS - :.#, 65' through 4 3492, inclusive,' General City; and 4 664 AND BILLS through #6-92, inclusive, Water, approved the City RES X67955 NCS Manager- was adopted. .Agenda .Item X63 APPROVE LOT LINE ADJUSTMENT E. DANIEL PATOCCHI RES - 667957' NCS Agenda Item, .464 ACCEPT COMPLETION; PUBLIC IMPROVEMENTS, PARK LANE ,PARCEL MAP 46113 RES 467958 NCS Agenda Item X65 APPROVE.. CLAIM: ELIZABETH DALY RES #7959. NCS Agenda Item 466„ ACCEPT COMPLETION' AERIAL PHOTOGRAPHY PROJECT RES' 46796.0 NCS Agenda Item 467 DECLARE CITY. PROPERTY SURPLUS RES 467.9:6.1 NCS Resolution #7956 N.C.S, approving plans and specifi- �� cations and calling for bids for the painting of the a Fire Station.Headquarters Building was adopted. Resolution X67957 N.C.S. approving.'Lot Line Adjustment, r�7 for properties located at 234 and 236 Edith Street (E.. F / Daniel Pat'occhi) was adopted.. Resolution 467958 N.C.S. accepting completion of Public �q n Improvements. .(sewer and storm drain), Park Lane (D.P. s, f `� Eva Keller) was adopted. -_ Resolution- 467959 N.G.S. approv -ing, claim of Elizabeth Daly was adopted. Fa 5� Resolution 46796.0 N.C.S,. accepting completion of Aerial Photography and Photogrammetric Mapping (Project No.. F7 /� 30.03 -9658.) was adopted,. Resolut <on 47961 N.,C,. S. finding personal property ,here- in named is'surplus,,no< longer required, and directing the :City Manager io dispose of and sell the same was, / adopted.. Agenda Item #2 APPROVE PLANS AND SPECIFICATIONS;" PAINTING HEAD- QUARTERS FIRE STATION BLDG. RES 667956 NCS .Agenda .Item X63 APPROVE LOT LINE ADJUSTMENT E. DANIEL PATOCCHI RES - 667957' NCS Agenda Item, .464 ACCEPT COMPLETION; PUBLIC IMPROVEMENTS, PARK LANE ,PARCEL MAP 46113 RES 467958 NCS Agenda Item X65 APPROVE.. CLAIM: ELIZABETH DALY RES #7959. NCS Agenda Item 466„ ACCEPT COMPLETION' AERIAL PHOTOGRAPHY PROJECT RES' 46796.0 NCS Agenda Item 467 DECLARE CITY. PROPERTY SURPLUS RES 467.9:6.1 NCS Resolution #7956 N.C.S, approving plans and specifi- �� cations and calling for bids for the painting of the a Fire Station.Headquarters Building was adopted. Resolution X67957 N.C.S. approving.'Lot Line Adjustment, r�7 for properties located at 234 and 236 Edith Street (E.. F / Daniel Pat'occhi) was adopted.. Resolution 467958 N.C.S. accepting completion of Public �q n Improvements. .(sewer and storm drain), Park Lane (D.P. s, f `� Eva Keller) was adopted. -_ Resolution- 467959 N.G.S. approv -ing, claim of Elizabeth Daly was adopted. Fa 5� Resolution 46796.0 N.C.S,. accepting completion of Aerial Photography and Photogrammetric Mapping (Project No.. F7 /� 30.03 -9658.) was adopted,. Resolut <on 47961 N.,C,. S. finding personal property ,here- in named is'surplus,,no< longer required, and directing the :City Manager io dispose of and sell the same was, / adopted.. a (0 November 7;� 1977 Agenda Item, #8 AMEND ZONING ORD.. INCREASE DECKING COVERAGE IN YARD AREAS ORD 41269 NCS AWARD BID, THREE COMPACT CARS POLICED DEPARTMENT RES 447962 NCS Ordinance #1269 N.C.S.. amending Article 24 of Zoning Ordinance, 41072 N. C S.. by adding ,S'e'ction 24.401 - thereto,.to provide for. ncreased,decking in front and rear, yard areas was introduced for publication; Finance Director John Scharer reviewed a memorandum dated October 3 :1, 1977, submitted to the Council'by Charles D. Huffman, Purchasing Officer, showing the resul -ts of the, bid opening held October 2;8, 1977'. The recommendation was to award the low bid to Nave 'Dodge in the amount of $13,,669 Resolution #7962.'N awarding; contract, for three compact cars for 'the Police Department to Nave Dodge,, 301 P,etaluma:Blvd. North,; Petaluma,, in the' amount of $13,669.60 was introduced by 'Counciluian,Harberson, seconded by Councilman Bond, and adopted by 6 affirmative and' 1 absentee votes. AWARD BID - � � COMPACT CAR, BUILDING INSPECTION_ DEPARTMENT RES 47963 NCS Mr- 197 197 ing The bid Scharer ,reviewed the memorandum dated October. 31, 7, from, Purchasing Officer Charles D,.' show- the result of the `bid opening on October 28,, :1977. recommendation was that the Council accept. the low of $4,,578:03 submitted .by.Nave Dodge. Resolution ;447963 N.C.S. awarding contract for O compact car for Building Inspection Department t'o'Nave•Dodge, .3.01 Petaluma' Blvd. North,, Petaluma, in the amount of, $4,578.03 was introduced by' Councilman Harberson, seconded by Councilman Hil.ligoss, and adopted by 6 affirmative and 1 absentee votes'. AWARD BID P COMPACT STATION WAGON;, RECREATION DEPARTMENT' RES 4617964. N:CS' Fina -nc-'e Director John Scharer reviewed the iesults'of the bid' openng'of October 28', 1977, submitted by Purchasing Officer Charles D�. Huffman. Th`e, recommen- dation was for the Council to accept the low bid of .1 $4,8544 submitted by Jim Rose Plymouth Chrysler, Petaluma:, California. Resolution 47964 N.,C.,S. awarding contract for one compact : station wagon for the Recreation Department to Jim.Rose `Chrysler= Plymouth Agency 115' Petaluma Blvd:. South,, Petaluma,, in the amount of $4.,854.:14 was introduced by Councilman, Hilligoss, seconded by'Vice -Mayor Perry, and adopted`by 6 affirmative and,l absentee votes. RESULTS OF BID Finance Director John Scharer advised only one.bid had OPENING -- ALTERATIONS been received for the EDA Project to renovate the AND - RENOVATION Carnegie Library. The amount of the bid..wa's $157,826 MUSE TORICAL,LIBRARY/ submitted. by Merz Brothers. The amount of the bid was substantially over the estimate given by the architect. The funds available from EDA amount to $'90,000. Mr. Scharer indicated he had talked with the. owner of Merz Brothers clari -fying some of the points in the specifications,: One the items which cost a great deal more than anticipated was for the construction, of the .ramp;. This item in the bid is '$42,,000. It was asked by the Council whether or not the ramp could be omi'tt'ed and elevators substituted,. Mr. Scharer indicated this would not, - meet the specifications required for public buildings to serve handicapped persons. Mr.. Scharer indicated he had been in-contact with EDA 'and adv se& that only one bid.had'been received which „far exceeded the estimate.f the project. 'EDA indicated they may possibly extend the time and - permit calling for bids again, but the City would have to be able to prove it expects to receive mo.r.e,•than. one bid or reason to 'believe the second call for bids may bring in some lower costs. Mr. (Scharer indicated this would be very difficult- t.o forecast,. Another suggestion was to; reduce:.the• scope. of the. work in order to stay closer to - the: $90„000 Grant. He suggested another alternative for the 'Council to consider'would'be to ,accept the one bid and' allocate funds from other ,sources. There is $30,000 available in the Community Development Block Grant money left over from the sidewalk project, and a limited. amount of Revenue Sharing• Funds available. The requirement from Revenue Sharing Funds would be approximately November 7, 1977 RESULTS OF BID $52,000, since a portion of the $90,000 Grant had been OPENING -- ALTERATIONS used for architect's fees and other fees connected.with AND RENOVATION. the.project. Mr. ; Scharer, indicated, in addition to HISTORICAL LIBRARY/ advertising, in , the local newspaper,, the Argus Courier, MUSEUM ads had been placed.in the San Francisco Chronicle and (Continued') Examiner inviting bids fo'r' ifie,job. It is a difficult job to not only bid but to complete, and many of the local contractors didn''t want to ;get involved with the paper work required by EDA. Mr. Scharer asked for additional time to review the bid and to talk some more with EDA regarding the matter. It was suggested, the matter be brought back before the Council on November 14, 1977. Mr. Remo Patri, the architect for the project, was present at the Council meeting and indicated he was totally "flabbergasted" by some of the prices con- tained in the bid. Mr.. Patri indicated an elevator would not be feasible, aside from the reason given_ by Mr. Scharer, because it would cost almost as much as the ramp structure,. Further discussion of the matter was deferred to November 14, 1977. • AWARD CONTRACT Finance Director John Scharer- advised the engineer for F r700 N..McDOWELL BLVD. this phase of the, McDowell Blvd. Improvement Project IMPROVEMENT PROJECT was the firm of Hoffman and Albritton. A letter dated PHASE I November 3, 1977, addressed to the -City Manager from RES #7965 NCS Hoffman 'and Albritton reviews the.bid opening held on November 2, 1.9 -77. Mr. Scharer reviewed the bid sub- mitted by .5 firms :rangng from a. low of ,$320 :,133.20 from a high of $369,59$.00. A copy of the,bid spread sheet was submitted and filed. The engineer's recommendation is to award the bid to Argonaut Constructors, Santa Rosa, in the amount of $320,133.:20:. This is for Phase I of the project which would be north of Corona Road to intersect with Old Redwood Highway. Resolution #7965.N,.C,.S. awarding contract for the "North McDowell Boulevard Improvement Project-, Phase I - north of Corona Road - EDA Project 07- 51- 20496 to Argonaut Constructors, Santa Rosa., in the amount of $320,133.20, was intro- duced by Vice -Mayor Perry, seconded by Councilman Bond, and adopted'by 6 affirmative and 1 absentee votes. AWARD CONTRACT Mr. Scharer advised the engineering firm of MacKay & F r 7O O McDOWELL IMPROVEMENT Somps had prepared the specifications for this portion PROJECT PHASE II of the McDowell`Bo.ulevard Improvement Project. A RES #7966 NCS letter dated November 3, 19.77, along with the spread .sheet on the bids, submitted and filed. Mr.-Scharer reviewed the bids:.and called to the Council's attention both bids, as sub - mitted,.had mathematical errors. The low bidder was Argonaut Constructors with a bid.of $787',190..11., and the second bid was submitted by Ghilot.ti Bros, in the amount of $815,196.44. Mr. Scharer indicated this'is a much more complicated project than Phase I, and it wild require extensive traffic control: The project is from Lauren Drive to beyond Lynch Creek. City Manager Robert Meyer advised this will be the first project done by the City where . outside engineer- ing firms such Hoffman 'and Albritton and MacKay & will be acting as inspectors and in the capacity 'of; the.City's engineer. These firms will also have the responsibility of certifying completion-of the projects. Resolution #79.66`.N.C,_S. awarding contract for the North Mcbowell'Boulevard Improvement_. Project, Phase, II. (north, of. Lauren Drive). EDA Proj.ect 07 -5 1- 20496 to Argonaut :Constructors, Santa'Rosa, in the amount—of was- introduced by Vice -Mayor Perry, seconded by Councilman Hilligoss., and-adopted'. by 6, affirmative and 1 absentee votes CRIMINAL JUSTICE City Manager Robert Meyer referred' to a letter dated SELF- ASSES,S.MENT, October 12, 1977, addressed to all City Councils in P- ROJEC_T Sonoma County from William K. Johnson Chairman of the RECOMMENDATIONS Board of Supervisors, regarding the Criminal Justice Self - Assessment Project' Recommendations for an improved budgetary process for.cr`iminal, justice agencies in.Sorioma In addition, a memorandum,dat'ed November 2, 19.77, from Police Chief Robert B. Murphy to the City Manager reviews the. program•and,suggests recommendations. City Manager asked the Council _ to - review - the material and,be prepared to comment at the meeting of November 21., 19.77, Both documents are on file with the City Clerk. No action was taken. November 7, 19,77 PERMIT OCCUPANCY ler dated October 27, 1977, requesting occupancy LOTS 55 TO 73 0flots'55 to 73 in`Westr-idge Subd vision'Unit #3 had WESTRIDGE.'SUBD, been directed to the City Council. A copy is on file UNIT 3 with the City Clerk! Assistant City Engineer-- Thomas RES #7967 NCS Hargis advised the units . could be occupied under =the same restrictions as' granted for the first, 50 units in. the sub'diyision•,, i,e, after the approval by the Building Inspector, .the streets are'completed,.and the water system the, sewer, and the drainage have been taken of.' Resolution M'67 N.C.S',. permitting occupancy'of lots 55 to 73,, Westridge Sub- division Unit #3, subject tp- approval of Btuild' ng Inspector and prior to acceptance of. Public Improvements within said Subdivision was introduced by Councilmari 'Bond, seconded by Vice= Mayor`Perry, And'adopted'by affirmative and 1 absentee votes. " SOLID WASTE A memorandum dated October 27,'l to the City.Mana- DISPOSAL FEE ger from Public Works Superintendent, Roy C. K:el-ly RES #,79.68 NCS indicated the City is required to ,pay a'$500 fee in order to keep the Solid Waste Site owned by the City.n, operation,. The site'is 'located at the west end of Casa Grande Road. There was'some. discussion on the matter,, and Councilman-Cavanagh asked to be advised who ultimately receives the $500''fee and for what purpose the funnds 'would bee used by' the ! State. ' Resolution #1968 N: C. S:. authorizing expend' tiite of $'5'00 for permit fee regard- ing City's S "olid Waste Disposal 'Site was introduced by Councilman Harberson., seconded by Councilman Hilligoss, and'adopted by 6 affirmative and 1 absentee votes,, ` CRIME PREVENTION Police Chief.Robert.B:: Murphy advised the_K wanis'C1ub P CALENDARS had s onsored a'calend'ar for the year 1978 wh ich was - - _ crime prevention oriented. Chief Murphy indicated since the formal Crime Prevention Program.is no longer funded by the State he had promised ;to look for opportunities to keep the'subj'eet,before the ci°ti- zenTy. The method of distribution .of the 1800'calendars is yet to be deter- mined. LAKEVILLE'HIGHWAY City Manag "er'Robert Meyer advised the small triangular SMALL PARK'AREA piece of land which'belongs to the City located on Lakeville Highway near Sunset Line and Twine Company will be so,on'with trees And The anticipated cost:i, somewhere the neighborhood of $500..: PROJECTS & ITEMS ,FOR City Manager Robert ; Meyer' presented the members of the COUNCIL DISCUSSION; Council with a list.' of items which. would require • their attention . betwe - en now and'June 30, 1978. ENCOURAGE PLANNING City Manager Robert.Meyer advised.before proceeding any .COMMISSION ACTION` further with the idea of ,providing an off -ramp 'and on P ;y e DESIGNATE RAINIER DR. ram in the uicinit of Rainier Drive if would - b ON,GENERAL,PLAN necessary to, have it designated on the General Plan.. RES` #7969 NCS The, proposed project and , the collector. street, of Rainier Drive through' to ' Old Adobe ,Road is riot desig- nated.on the Genera -1 Plan, If, the_State ever determined to release funds for highway construction, this project would not be given any consideration unless it was s'o designated� on the General, Plan. Mr.. Meyer- also stated the Ci -of Petaluma has never received funds ,from' the County -wide projec,ts,, ;such as Rohnert Park has received for their off -'ramp . -to their. expressway., He had been advised by Frank Gray, wh'o ,is' now the chairman of the County -wide Economic Development Committee, that until" the 'roadway and:the on -:and of:f= ramps are designated on the General' Plan*, the. City would have- no' project.,. Mr. Meyer stated he was under the impression when the Council approved the .collector street in the,Fatk Place Subdivis on.and asked for the dedication of P V f, l f 4 �' November 7, 1977 ENCOURAG'E'PLANNING+ land, there was some intent to improve the circulation COMMISSION ACTION pattern,. W., 'Meyer ,,indicated, from what he read. DESIGNATE RAINIER' newspapers the,'Planning Commission has, refused to act, ON GENERAL PLAN designate the project on•the'G'eneral Plan and has RES # NCS • asked for, a, traffic istudy of the entire City. Mr., (Continued) Meyer stated the problem -is afinancial one, and the -traffic problem areas have been defined by the City, such as widening.Bodega Avenue, a bypass route on Petaluma Boulevard, the- widening of 'Washington Street, etc. Rainier Drive is,d'esignated as a four -lane collector street, 'and the City.Engineer has recommended the area as the most logical for ingress and egres's.from 101 Highway.. What needs to be done now is to update the traffic element in the General Plan. Mr. Meyer stated it may or .may not -be a long-range ;proffect;`however, it would be impossible to search for funds unless it was 'designated properly on the General Plan. He pointed out the area for - Caulfield Lane'was set aside "long before any of the subdivisions were built bordering on this Councilman Bond indicated it was his feeling the Planning Commission was prompted in their action because they felt there was.no money available for the project. Councilman Bond also indicated :he felt there was' need for some kind-of under - standing between the Council" and the T lanning,Commission as to what their separate and joint functions are,. He.feels there is some misunderstanding by the new Commissioners as to what Planning Commissioner's role is. The Council concurred it probably would be wise to hold a joint informational meeting. Mayor Putnam stated it was her understanding, from previous discussions by the Council, ther•e� had been•concurrenc'e to -try to provide an alternate access to Highway•101•ini the vicinity of':Raiiiier Drive. She asked the City-Attorney to have the , matter referred back to the Planning Commission. fif the Commission feels they do not want to , take •.an action to amend the :General Plan, then refer the matter back to the City 'Council before the next Council Meeting. Resolution 17969 N.C.:S. encouraging" Planning;COmmission action on General Plan and Environmerital-Design Plan•amendment, Rainier-Drive, was introduced by Councilman Cavanagh, seconded by_Vice- Mayor- and adopted by 6 affirmative and 1" absentee votes. LAWSUIT AGAINST City Attorney Larry1Klose advised't City of Petaluma GOLDEN -GATE has'joned in the lawsuit' against the Golden Gate High- BRIDGE DISTRICT way and Transportation.Distt.ict along with Marin County to enjro,in the District from subsidizing the San Francisco Municipal Railway System in-the amount of $1,000,,000 -. The co.urt'order had been issued the previous Frd'a,y., On first examination of the suit, .Mr - -. Klose indi- cated he feels there are several contentions which appear valid. RESURFACE TENNIS Recreation Director Jim Raymond stated the Recreation, F4 COURTS -- KENILWORTH Music -and -Parks Commission has recommended; as' one of JUNIOR HIGH SCHOOL their-pr orities, the-resurfacting of the-Keni-lworth RES.47970 NCS Junior High 'School tennis-courts. The courts are used not only by the schools but by the general.public. When the budget was 4 iscuss,ed, the City allocated, $4.,000 for the .resurfacing project. Bids were •opened by the Petaluma School District for a total .-cost -of. $7,780. However, the School Distr-ilct has been advised -by the general contractor that a colored lacold surfacing similar to the McNear tennis courts and Lucchesi Park courts,.would cost an additional $4.,600. Mr. Raymond stated his purpose for appearing at the meeting was to ask the Council if they wish to participate in.the.add tional cost to t'he.'City in the amount of $2,190. 'Councilman Cavanagh indicated he realized the City Council had approved an. expenditure 'of $4,,000 for 'the . project but questioned whether or-not it was proper for the City to.continue: to help the :local school system on such .pro- jects since they already have a SG recreational. tax. He also questioned whether this'may or may'not be the last request,. Mr. Charles Condrotte', the Assistant Superintendent of Business Services for the Petaluma 'School District, indicated the 5o recreational use :tax is..principally designated for the use of classrooms by the general public as as the gymnasium in the evening and other uses of school property. Some o'f the:f.unds can be used on improvements; however, this is a.matter of policy. Mr. Condrotte also stated the School District is not asking the Council to participate if they do not wish to; however, they do the topcoat would double the life of the courts and felt it would be a worth- while investment. He also indicated if' the project is approved for the color, the School District would bid f'or the same type of tennis courts to be built at a�� r . November 7, 1977 RESURFACE TENNIS Petaluma Junior High School., He also.st'ated the School COURTS --KENILWORTH District had not previously considered the color . coats. JUNIOR HIGH SCHOOL as there was no indication at that time the life of the • RES #7970 NC_S' courts would be extended. Previously, it was his (Continued) understanding the color was-just added ,to the topcoat; however, the three topcoats on the resurfacing wou_ld.be more:. of a "walk,top" coating ,which is, more flexible. Mr. Condrotte indicated the schools ,do use this type, .of coating for.topc.Qating on walks to extend the li e.of, them. Councilman Harberson;indicated . if. the techncal:details are correct,, he would be in favor of; the color coating to extend the life of the tennis courts.. Councilman Cavanagh :ques:tioned whether this was going to be ,a policy' question, of the Council in coming years to assist in this type of program with.the schools'... Mayor Putnam indicated she would think such matters would`come before the Council and would be determined on their merits., ,She assumed the reason the City was being involved in this particular matter was because the general public uses the courts. , City Manager Robert Meyer suggested, if the Council approved the additional expenditure, 'the money should`be taken from undesig `nated Revenue Sharing Funds. He also questioned,, as additional courts „are added to, the .facilities throughout the City„ would some form of tennis club request the. 'exclusive use of the courts perhaps: on Saturday mornings when•the general- public.would want to-play-on them. Recreation Director .Jim. Raymond stated there have been some indications: that :people�do wish to forma Petaluma Tennis Chub., Such an. organization would not be a private club -, and they would probably request :the use of public tennis courtts.. At. the "conclusion of the discussion, Resolution #7970 Y.C.S. approving part ci- pation with Petaluma School District in resurfacing tennis courts at the Keni1 worth Jun-ion High School,was introduced by Councilman Uarberson, seconded by Councilman Bond, and adopted by 6, affirmative; and 1 absentee votes., PERMIT CONDUCT The Ordinance had been introduced for publication at OF BINGO GAMES the regular Counci "l .Meeting, Octoher 17, 1977,.by ORD #1265' NC -S Councilman Hilligoss and seconded by Vice -Mayor Perry. (SECOND' READING) City Attorney Larry Klose explained the intent of; the ordinance and any games conducted within the City would be subject to compliance with California Penal Code'Section '326:5. All non profit, organizations intend'ing.to conduct Bingo games must' have a permit. ap- proved by the !Police Chief'., and the games would, be subject to strict rules Ordinance 41 =265 N.C.'S. permitting the conduct of Bingo games pursuant to Cali f'orriia 'Penal 'Code Section 326.5 which had been introduced by Councilman H ll - goss, seconded by Vice - Mayor Perry at the regular meeting, October 17, 1977, and duly piib.lished by the `City Clerk, was adopted' by 5 affirmative, 1 negative, and 1 absentee votes. C'ouncil'man Bond voted "-no ". Effective date of Ordinance is December 7, 1977., ANNEXATION .WITHOUT_. \� NOTICE ,OR HEARING' ` I STREET. ANNEXATION NO,. 2 ORD #126'8r'NCS ;(SECONDS READING). ADJOURNMENT Attest: Ordinance #1268 N C;. S,. which had been int-roduced' .at the Regular Meeting of.the City Council,. October 17, 1977, and ordered�pos.ted by .Councilman Hilligoss and seconded by Vice Mayor Perry ordering annexation without Notice ot.,Hear.ing of - territory designated as:. "I Street Annexation No. 2 - (Jonas)" was adopted -.by 6 affrma- Live and 1 aVs'entea. vote&. Ther.e'being no further business to come before the City Council, the meeting was adjourned at 5:'3.0 P.M. Mayor City Clerk' 1 MINUTES OF MEETING OF' CITY COUNCIL PETALUMA, CALIFORNIA NOVEMBER 7, 197.7 REGULAR MEETING The regular ineeting 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 Bond Cavanagh, Harberson, Hilligoss;, Perry and Mayor Putnam. Absent: Councilman Balshaw. 1 INVOCATION The Reverend Tm'Kellgren of the Elim Lutheran Church gave the Invocation. PLEDGE OF ALLEGIANCE Councilman led.the`Pledge of Allegiance to the Flag. PRESENTATION OF AWARD Mr.. Peter: Mellini, Associate.?Prof'essor of History at V FROM FRIENDS: OF CAST '. Sonoma State Collegetmade the following remarks before IRON ,ARCHITECTURE presenting an.award to-'Mayor ;Piitharn and the City of Petaluma. He stated that downtown-Petaluma has a splendid example'of .commercial,`buildings with ar=chitectural styles ranging from the last ,quarter of the nineteenth century the present. Most distinctive of these buildings-are clearly,a collection of cast iron or'iron front buildings. These buildings are examples of an early prefabricated facade using a material new for that purpose. . This type of building was a very, common commercial style from the time-of the Civil.War up until the earthquake and.:f:ire of 1906. Unfortunately,, many-of the Last iron buildings in Cal fornia'have either been demolished or destroyed. Mr. Mellini stated although Petaluma may have been known in the early twenties and thirties as the. "Egg Capital of the World" it may well now {be known as the "Cast Iron Front Capital of California ". Mr.. Mellini stated Mayor Putnam has sought to give these community build`ings'their just due as visual - ,.historical and commercial assets. She '.has .ledwalking tours to, the buildings and has, encouraged. !their. restoration andi rehabilitation.. Mr'. Mellini stated last month at the annual. meeting: of they- National Trust `for Historic - Preservation he attended, :a meeting of 'one of the subgroups, the Friends of Cast 'I -ron Architecture,. The president:. of this' group, 'Mar-go, Gale, upon learning - Mr. Mellini was from the area asked if he would ca"r"ry back to lthe City and. to Mayor Putnam the Certificate of Commendation for the preservation of the cast iron buildings downtown Petaluma. In accepting the award, Mayor P.utoam indicated. she had- met Margo Gale in New York and at that..tim_e - learned _that Petaluma had. l3' bxf ldings which seemed to have tremendous value. She also stated this s,the-second' annual presentation by the group and that Petaluma is the only city in California which-still has this type of architecture. She thanked Mr. Mellini for carrying the award to the City. DECLARE G; Chief- Robert Murphy advised - he.:had been approached by SHOPPIN S Fc;z Q CENTERS SUBJECT'TO the new management corporation of, the - Washington Square` UU PROVISIONS OF Shopping , Center asking if there was.any way to have the SECTIONS OF VEHICLE Petaluma Pol=ice Department authorized to- ,enf.orce certain CODE sections of the Vehicie,Code'in the shopping center RES #7971 NCS parking lo't.. Chief Murphy indicated he was aware there were other shopping centers which were having similar - problems in their. parking lots and he, after conferring with the City Manager and the City Attorney, invited. the other.three major center-sc-to-par ticipate if they wished,. The Council had adopted resolutions on October 17 and October 24, setting the date for public hearing as November 7. 'The'Washifigton Square Shopping Center, the Golden.Eagle Shopping Center-, Petaluina'Plaza and the Barstone Town and Country Shopping Center had all been-invited-to the public hearing, Specif- ically, -the four sections deal with speed'ing parking lots, reckless driving, conduct -ing speed contests and the enforcement of parking in handicapped areas by unauthorized vehicles. Mayor Putnam opened the public hearing. A letter directed to the City Clerk by x Alan A. Aleander.-, .Senior Vice- President'of "F & C Management Corporation, was read by the City Clerk and .ordered filed. Mr`. Alexander indicated he would not be able to attend the meeting „' but pointed out'`he was in favor of the enforce- ment of the Vehicle Qode.sections and had, in -fact, .asked the Police Department's cooperation. Mr... George Thut 'addressed the Council indicating he was in favor of the procedure as he had observed vehicles in the Washington Square Shopping Center driving in a reckless manner and one car had lost control. Mr. Gerry Mitchell, Manager of the Petaluma Transit,,also indicated his favor and asked R -2 November 7, 1977 DECLARE',SHOPPING if it would be possible to restrict unauthorized CENTERS (SUBJECT TO. vehicles from parking'in the zones designated for the PROVISIONS' OF' City buses., SECTfiONS OF VEHICLE CODE There were no' further comments from the audience, -.and RES '47,971 NGS Mayor Putnam closed the public hearing. Resolution 797'1'N C.S. declaring,, pursuant to Vehicle Code,; Sect ion,. 21107. 8,. that Washington.Square,.Shopping Center, Golden Eagle Shopping ,Center, Petaluma P..°laza. �'B'arstone .Town and Country Shopping Cerit.er are private parking facilities, subject to the provisions of Vehicle Code Sections 223,50, 22507,8 23103,_ 2310:9 was.:introduced by Vice - Mayor. Perry, seconded by Councilman Bond and_ adopted by six affirmative and one absentee votes.. PETALUMA,SWIM A letter. dated October 13, 1977 addressed to the Mayor �i CLUB_'_S, REQUEST FOR and City Council by George Thut, President of the USE OF POOL Petaluma Swim Club was.read by the City' Clerk.and RES #79 NCS ordered filed. A; memorandum dated October. 27, 1977 , ,directed to David A.:Bren nger, Assistant'City- Manager,• by Tom Wilson, Director of .Water Utility Oiler- ations,.. outlining tlie, schedule needed to compaete' , the maint;anarice work,at. the pool. was not read by 'the City Clerk but is :on file,. In addition, a memorandum dated November 3, 197`7 with attachments from ' Jim ,Raymond, Director of 'Recreation, to .City ;Manager Robert -H.. Meyer , background : information on the Swim_' ,Cliub's .:use of the pool during -the winter. months was submitted and filed., Recreation Director Jim Raymond indicated if the schedule outlined in Mr.. Wilson's : memorandum can Ve met lie: could .foresee no problem with the S,wim using, the pool,. It "would be stipulated,, however,, the Club would pay for the .u•tilit es minus, the cost for heating the pool,; 1 . . �IP City Manager Robert `Meyer indicated. although. he had no .real obj to the ub Swim Cl using the pool', he felt the Council had - discussed the matter thoroug hly _when: the budget, was being prepared and, it. was.-the CounciV s 'decision to close the- pool on November 15,., , If the pool is to Abe ,kept= open. 'over a longer period- of, time, the.. matter should be. discussed, when the budget •is- se;t for the " City. He: also indicated he felt it was important toihave the proper mainte= . nance done on the .pool and to allow, a sufficient number of days ; to prepare `the pool for reopening. Vice -Mayor Perry" questioned the use of the additional energy when not only pub;lic -agencies - but individuals are expected•to.conserve. Councilman Harb,erson - indicated he Recreation the .Swim Club,, and the ecreation Depart ment had made a very favorable step . forward'�in. the conservation of energy by purchasing the pool cover which has not only saved energy but money as well„ He stated, - he felt the Swim Club is, an organization tryng.to give young ,people a chance to excel and, hoped. -the G,ty would be able to cooperate He also indicated,he, would like to ,see the, matter, :settled once and., for 41:1 av b,udget' time,., Resolution No, 7972 N.C,S_ approv:ing,the use of the Petaluma Municipal Pool by , the Petaluma Swim Club for an extended 'period was introduced by Councilman Harberson, seconded by. Councilman Hllgoss and adopted' by six affirmative and one= absentee votes,. The City Clerk read the County Clerk kIs Certification to Petition submitted to the Registrar of Voaq:;q, n indicated the.•-tot'al.number of valid signatures is 19.01.. The certification was dated Q.ctober 25, 1977' and signed by,,Eugene D. Williams, Sonoma County Clerk and Regis - trar. of Voters. City, Attorney.. Larry, Klose advised the City 'Clerk: had been served with a Restrain- ing Order to show cause and enjoining the Council from consider ing this ' tem • at this - time,. Mayor. Putnam asked, the. City Attorney to read the order.,. - -The Pla:intiff's in the case. are.Goldrich, Kest and Associates J:ohn.T'. All an individual,- Doe:'s I through XXXV vs of .Petaluma, the City Council of the City of Petaluma individually•,and in their capacity _as Councilmen for the City of Petaluma and the City Clerk as well as Doe's I through XXV. The copy of Order No, 944'82 is on file with the Uty Clerk., .The defendants are ordered to _appear ;in Department No. 4 of Superior Court : -Santa Rosa, California, =on November 21 197.7,, ;at ,8.:,45 a. After ;reading .the order, Mr. Klose indicated he felt the order, basically prevents the Council from considering ithe., item. listed .on the agenda at this time. Mr�, - .Klos -e noted ..the hearing' is set, for the 21s,t day ;of November, which :would.' be the date of the next Council'• meeting,. • He al's,o indicated although' he .has =note read, .the complaint • it is his opinion the order, is a - val_id one. 1 7y November 7, 1977 CERTIFICATION.OF VALID SIGNATURES REFERENDUM,PETITION: PETALUMA CITY ORD. 41263 NCS ADOPTED SEPTEMBER 19, 1977 (Continued)' Mr. Edouard Robert indicated he represented' the peti- tioners. They have no' objection to observing the temporary restraining order. Mr. Robert stated they would, undoubtedly,.oppose the action. No further discussion was held on the matter, CITY MANAGER'S REPORTS WATER EMERGENCY The.City Manager advised no decision has been reached MEASURES yet to declare the water emergency.over for this year. There was some.discussion if the reservoirs supplying the contractors would reach 130 acre feet., it may not be necessary to have rationing next year. Mr..Meyer also indicated he had read in.the newspaper where there was a possibility of the Sonoma County Water Agency flushing the Russian River due to the problems caused by .sewer effluent from the City of Santa Rosa. The contacting agencies.expect to object Mr. Meyer indicated he still.feels Gordon Miller has not given a satisfactory answer to the Council on the amount of water being used by retail customers of the-Water-Agency. He felt another letter should be written to Mr. Miller. VACANCY: BOARD OF Mr. Meyer indicated since the law has changed the DIRECTORS SONOMA" public should be made aware there will be a vacancy on MARIN MOSQUITO the Board of Directors of the Sonoma -Marin Mosquito ABATEMENT DISTRICT Abatement District as of December 31, 1977. The City is required by law to appoint a trustee to the board. Mr. Robert Koenitzer is presently serving a two year term and is eligible for reappointment. REGIONAL PARKS = Councilman Hilligoss reported the Committee for the COMMITTEE REPORT South County Regional Park had visited several sites on Friday, October 28, 1977 including the Varnhagen pro - perty and the Lafferty Ranch. APPOINT COUNCIL Mayor Putnam asked Councilman Hilligoss and Concilman F-3 �� Cavanagh.to join with.her to serve on this committee, along with their duties in.studying assessor's prac- tices, and asked for.the•Council's support. 1 Resolution No. 7973 N.C.•S. creating ,a Council Committee to study the.question of executive -compensation and benefits and appointing Mayor Helen .Putnam, Councilman M. Patricia:Hilligoss and Councilman Jack W. Cavanagh, Jr., was introduced by Councilman.Bond,-seconded by.Vice -Mayor .Perry and adopted by six affirmative and one - absentee votes. COMMITTEE STUDY EXECUTIVE COMPEN- SATION AND BENEFITS CERTIFY E.I.R. TO Planning Resolution No. 3977 adopted November AMEND AND i 1, 1977 submitted and filed.: Staff report to the GENERAL PLAN Planning Commission dated October 27, 1977 submitted LANDS OF SOUSA and filed. Excerpts of the Planning Commission minutes' RES 47974 NCS of-October 18, 1977 submitted and filed. Planning staff report dated-October 14, 1977 - submitted and filed. Copy of a draft Environmental Impact Report•prepared by ECOSCAPE and the consultant's responses submitted and filed. Planning Director Ronald Hall advised this.is a presentation of'the final Environmental Impact Report prepared by ECOSCAPE -for proposed amendments to the General.Plan, and Environmental.Design Plan f'or 12 acres located between Schuman Lane and Magnolia Avenue near Elm Drive. The subject property is within the City limits and surrounded by residential development of from four to five units per gross acre. The.subject• property is partially zoned R -1 -6,500 and partially zoned R -1- 10,000. Mr. Hall explained the existing zoning.could accommodate 35 single - family lots, however, the zoning does not conform with the land use designations�.ind.cated by the.General.Plan and the Environmental Design -Plan. The Environmental Design Plan;now designates the area as suburban low density.. The General. Plan designates the property as low density resi- dential.. - In 1976,.the Planning Commission recommended that an Environmental Impact Report.be prepared Jor,the proposed amendments to the Environmental Design;Plaw and .the General Plan.., Mr. Hall = indicated it,was the feeling the Environmental Impac:t.Report addressed the increase units from the 24 allowable under the General P1an and Environmental Design Plan at the present time to the proposed 35.units., He also stated the consultant had suggested four alternatives in the report. .These alternatives appear to be realistic and will be considered by the Planning Commission when the proposed 5 November 7, 1977 CERTIFY E j,.R. TO General Plan and Environmental Design Plan is-presented AMEND,E.D.E., AND to them. The process before the Council' tonight; is not GENERAL PLAN to consider the project itself but only'a change in LANDS OF SOUSA density for the area. Responses to tK6 1fiv ronmental RES #7974 NCS Design Plan had been from the Sonoma County (Continued) Water Agency regarding the drainage plan and -from Mr. Henry E. Erickson, archaeologist. Mr. Erickson indicated he did riot feel there would be any potential archaeological resources on the Sousa property rand indicated he felt the archaeological site CA -Son -907 is located on the adjacent Metcalf property. Mr. Hall indicated th& P-lanning Commission recommends.certification of the. - Environmental'Impact<Report. He.also stated the author of the report,.Mr,. David.N. Van Pelt, was present to answer• any questions. There were no ques- tions :raised and Resolution 'No. '7974,N. +C'.S,. certifying the Environmental Impact Report proposed amendment to the Environmental Design Elan and the General Plan, Lands of Sousa (between Magnolia Avenue and Schuman Lane, near Elm Drive) was intro'd'uced by Councilman Harberson, seconded .by Vice -Mayor Perry and adopted by affirmative and one absentee votes. �0 SET HEARING DATE Planning'Director.Ronald Hall indicated , several meet- DEVELOPMENT' APPEALS ings had been held with the Residential Development �q RESIDENTIAL- DEVELOP- Evaluation,Board in order to.give them specific in- , MENT EVALUATIONS structions on the evaluation of the 18 developments RES X67975 NCS submitted for the 78 79.construction year.. The Planning Department felt since there was a large number, of developments this year there would be a competitive situation. There were 15 members on the review board. The Planning staff felt it was necessary to provide as much guidance as'possible in order for the evaluations to be made under the major ,criteria. The Board at one time indicated they were not in agreement with raising the ,points from 85 to 10.0;• however, the Council elected not to change the point system back to the 85 points. Mr. Hall introduced Mary Shearer, the Chdirman of the Residential-Development Evaluation Board, for this year. Mrs. Shearer stated the group selected for this year's Residential Development Evalaution Board was an excel -lent group of ci:tizens.who were very attentive and spent many hours completing their.task.' She.also.thanked the staff members who responded to the , needs - of the Board. Mrs.. Shearer indicated only two of the projects measured over the 100 point`minimum.required by the City Council., The Residential .Developmerit•Evaluation Board had anticipated this problem ;'and if the points had been lowered to 85, only four of the developments would-not have qualified. At the final meeting of the'Board,:some suggestions for changes were made for next year. One suggestion the Board felt would be helpful would be to' retain one :half of the members•.and' have them f.epeat ; their services for next year's Board'. Another suggestion was to have mock sessions in order.for the Board to become acquainted with their responsibilities. With regard to appeals, Mrs. Shearer indicated the board felt they would be happy to hear appeals; however, this year appeals will be brought before the City Council, Board members would be interested in knowing the date and time for.the.appeals hearing There was some discussion regarding the date and time to be set for the hear -. ing, and it was finally determined to hold the hearing November 28, 1977 at 9:00 a.m. There was some discussion regarding the difficulties the Board had encountered with this year's point scoring system on Criteria'B,. Councilman.Harberson indicated he would not be in favor of changing the rules in the middle of process. At the.conclusion•of the discussion, Resolution No. 7975 N:C.S. setting time and place for hearing appeals from decisions of the Residential Development Evaluation Board was ,introduced by Vice -Mayor Perry, seconded, by Councilman Harberson and adopted by five affirmative, one.negative•and one . absentee'votes. Councilman Bond voted "no ". A 1 REPORT WASTEWATER Community Development.and Services Coordinator Frank RECLAMATION, PROJECTS Gray reportedia meeting had beem se:t up.November 1, for the purpose of familiarizing the different.departments of the State and Federal governments with the City's wastewater reclamation project and expressing concern that the project not be delayed because of its importance to the farm community and the dependence of the ranchers upon the City's wastewater "supply for irrigation purposes. Those attending the confer- ence included the Director of the Office of Planning and Research State of California, Bill Press; the.Governor's Aide, Wade Rose; the new Director of the Office of'Water Recycling of the State of California. Kurt Wassermann, California November 7, 1977 REPORT WASTEWATER D irecto.r Protection Agency, Alan RECLAMATION'.PROJECTS Abramson; as.we,11 as the heads of the Regional Water (Continued) Quality Control Board for,this area. Mr. Gray advised these are all,`of "the number one and.number'two men the . deals on, a day -to -day basis - regarding,the wastewater reclamation project. The group toured the sewer . plant:; the new 'oxidation. ponds, 'and then continued to'Dan Silacci's ranch: 'Mr. Silacci gave a'talk 'on 'how - he has 'been using this important resource...and .the.success he has.'had so.:far. After leaving the Silacci ranch, the group then wefit,up to the possible Tolay reservoir site. As a result of the meeting of November 1, Mr. Gray�stated'the State's Director of the Resources Agency,, Huey Johnson, has set up a meeting for Petaluma City officials which will be attended by the Director of the Office of Planning and Research, Bi11'Press, a. .representative from the Governor's Office, and a representative from the be of Water Resources for the purpose of establishing whether the City can:move ahead, immediately wi.ih portion of the water . reclamation project under the draught emergency 'funds;. The meeting is scheduled for'November 22, 1977 approved; an emergency project for irri- gation of farm lands which would be compatible with any future alternatives the Council may•adopt, could be undertaken almost immediately. Mr. Gray indicated he would,attend the meeting as well as the City Engineer David,Y'oung, the engineers who had prepared the subregional study, possibly the City Manager and a representative from the Council. The Staid is setting up the meeting and, would indicate the proper delegation. Mr..Gray stated the Governor's office and the research agency has taken a very personal interest in the project and feel is one,,of the most outstanding in the State. CONTINUATION OF APPEAL DR. LAWRENCE JONAS RE 206 WELLE_R STREET UPHOLD APPEAL WITH MODIFICATIONS ' DR. LAWRENCE JONAS_ .206 WELLER STREET RES #7976 NCS `The facts of the appeal s had beer 'heard at the Council. �� meet` ng,,of. October 3, 1977. Planning Director Ronald Hall indicated conditions under appeal_by Dr. Jonas are numbers three and.four which °would limit the capacity on the proposed restaurant to '3S seats unless addi- tiorial off - street arkin a roved_b the Plannin g . P, � g PP. Y � . Direc obtained withri.'300 feet of the building' tor is sites The second matter being appealed is condition' number four which states at the, end of three years equivalent parking should be secured for the develop - tent. Mr: Hall outlined the subject property located - ' .on the east side of the turning basin at 206 Weller Street.' The appellant has asked that consideration be. .given for some credit'' for parking due to river traffic as well as Proposed parking,on - the street in'the area -,,. At this time•a letter directed- to the City Council by,Mr. Waltei.Kieckhefer . of the Golden Eagle Shopping Center'dated October.17, 1977 "read and ordered' filed. Mr. 'K eckhefer indicated he wished..to advise the Council his.firm cannotimake a commitment than three years on the leased parking area because they 'are unsure of'"their future plans for the. land: He also stated there are covenants and agreements with tenants °of'the Golden Eagle Shopping Center which would.precude them from making independent arrangements for other private parties .to - :.use this parking lot. „ Matthew,Hudsonv, representing.the appellants;'. then,. addressed the Council. Mr, Hudson stated-since ihe';last ... meeting with the.Council they.have talked -about the issues and 1 ekplored-all; the choices. offered inciuding,valet parking.. Discussions have .been held with property owners •insthe 'area, and none of them are will ling'` to commit any', of 'their .prop,ett.y. for, parking for..,the project.. The idea of-'raising the... building and putting all -the . parking underneath+ was . also explored, but it' is. too costly for the. small project. Mr =. Hudson stated the only alternative.-that showed any` promise: was' to add; seven parking; spaces on site by- eliminating a portion. of the first- story. For al:l, intents and .pur:poses these seven parking spaces would" a•l low ,l7 seats- in the restaurant portion of the building,,,. Mrs. Hudson stated. it was - his + unders:tanding , at the prior hearings. if the provide•some on -site parking Council would find favor with the proposal: 'There is still the opportunity to use; the space - across'Weller Street, 2& parking stalls on leased. land: These-will be' available for three years. Mr.. Hudson stated he° realized at the. end.of .18 months• the., matter of the leased parking could be reviewed by Mr„ Kieckhefer.and notice given to vacate the premises... They are,'however, looking at it as a three -year lease;. These 28 spaces provide,, the equivalent of 70 restaurant seats-for a total of, 871 seats:'. Mr. Hudson, slated they - stitll feel_,s.trongly. that the- parking on the• ;street• l would be avai`lahle.• since - .there' are_.no other uses. ,at ,present except another proposed restaurant in:the' area. Mr. Hudson stated the November 7, 1977 request, thislevening is to permit the restaurant to be built to accommodate '90 seats and 'that the :design review 'provisions be, modified'. At the end of three years, if there is no alternat& parking provided, the restaurant''would be reduced to 6Vseats., It is the applicant "s'hope and expectation the area will develop, and there will be more parking places in'the: area. There was some discussion regarding the on-street parking on Weller Street. City Manager :Robert Meyer "ponted' out 'if seven spaces are 'pfovided``on the •site at 206 We-ller'Street some park rig'would'be lost for'.ori- street parking because' of the driveway entrance into.t e facility It'was pointed'out that three spaces would be lost, and there would st.11`be'a gain of parking, spaces,_. Councilman Cavanagh questioned whether there would b ,parking available on both sides of Weller Street. . Mr,. Hudson' stated if the `building is constructed ,the. applicant iaould have to build curb and gutters 'and one half 'of the street.. Mr. Hudson s;fated tliere is .a possibility of 23 on street parking'spaces'and certainly l2 of these 'would''be usable fox the project. Mr `Hudson ztated. Mr. Kieckhefer is interested °in deter =m ping whe'ther or'not`he can'develop the property across Weller ; St-reet.' In his opinion; '.it. will take more than three'`years for' nego - tiations to be completed with the railroad''for'thd property,; and, the applicant feels certain `the „ leased of'f.- street park ng 'will `be available f'or the three year period... .. Councilman 'Aar -ber-son' state since, the applicant was assured of lj' S'e'ats in the res- taurant by: providing seven parking spaces - on site and assuming th`e '281 spaces would be'availAb1e off site "across 'Weller Street "this would 'allow 87 2 seats in the "restaurant which the applicant 'has calculated to `90 ; seats: 'Tf'th`e "off -site parking,' ceases to exist and 'the applicant is unable to lease the 28 'spaces, lie, has indicated he,would reduce 'the riumb'er of seats'in the restaurant to 60,. He - - aske`d Mr. Hudson how they had arrived at the figure of '60 seats: Mr.. Hudson indicated this would be the'minimum number of sea -ts under 'which such an enterprise could Survive. ' - Mr. Harb�e'rson then expressed concern if- the Council permitted the'restaurant to be Auilt upon this assumption and the ownersh p.changed in the'next Three years, the.'new'owner would be ;faced with, a reduction in the seating .capacity of: the restauran " H,e felt the - Council would be. open to:' q . criticism for allowing the "^ ^use in'the first. place,. Mr: Harberson indicated he wished there - was some way to'ge't more'credit° for parking on a longer 'term basis;'but if ownership would" change f -roin the present applicant to another person, lie could foresee 'some very legitimate complaints - if .the.seating,capaci ty was - reduced.' Mr. Hud6on'6tated the property' s within t redevelopment area, and-t -is the: freeling,the entire area' s going, to undergo 'substantial changes ,within the next three years;:. He also stated th e abuts .the present ,parking distr.ict:on the othe 'side of the'turning bas'in.''They feel it may become a.part- of the parking district. Mr,. Hudson stated even if the :seat's were reduced i the restaurant facility 'to.50, it would still be a workable arrangement but not one the applicants would prefer: . Mr. .Hudson `stated he 'felt the arrangement they had presented to the Council would give the facility -an opportunity to be constructed.arid to function for at;least. the three -year period, but he staged gain he felt Mr., Kieckhef'er would, have difficulty in acquiring the railroad property and it may be, longer, than a three- year.perio :d. Councilman Bond questioned. whether the ma-t.ter, of using the •Golden Eagle: Shopping C`enier's,parking spaces in the evening and providing a walkway to the restau- rant had - -been explored by the applicants.. Mr.. Hudson advised they had dicussed the matter', 'And Mr. 'Kieckhefer indicated* he did not. want. to have the parking in . this area used. Mr. Kieckhef:er was also concerned about liabil_-i.t:y and safety problems. Mr,. Bond then-continued. 'by stating lie felt this) was a every specu- lat ve project. The letter addressed' the Council by Mr. Kieckhef:er indi- cates' the: lease on the off - sitte off - street. parking 'would, be reviewed in: 18 months and, could, be cancelled at 'that time.. Mr._ Bond also stated, in hiss years on the Planning Commission and months that.he has served.on the Council, he does not think he.has ever reviewed• a project which has asked for so much par -king. � Hudson agreed, there :was''some speculation involved but only on the. part of the applicants,. He feels the project complies with the ordinance:, and there. s'suff is ent parking to have 90'seats in the' restaurant. 'The only speculation is the duration of, the off - ;site; o.ff- street. parking. He used as an exainple the Steamer Gold Restaurant where are walking a subst =antial distance. to get to the restaurant and parking for the facility does not need to be in the immediate vicinity. Councilman Harberson indicated he could - support the p,roj ; :ect,only if it 'was. made a condition that when the parking on the,opposite,side of Weller Street ceases to exist, the restaurant facilities would be; reduced to 20 seats. 1!. _ A November 7, 19.77 During the course of the discussions, City Manager Robert Meyer suggested the possibility of forming an assessment district in the area to take care of not only parking :for this project, but others which,.ma,y be developed in the area. He suggested perhaps the - 'piece of land which Mr._ Kieckhefer has indicated must be reserved for .a flood swale could be utilized,as; a portion of the parking district,;by raising the par -king above the flood level. City Attorney Larry Klose advised the original parking district was formed to provide parking in the downtown area. The boundaries of this district are set for a particular purpose and presumably, the parking facilities were built with the bond funds to actually service that area. To form _another parking district would require getting the consent of more than 50% of the landowners. This may be hard to achieve in this area as private parking has al -ready been provided for the Golden Eagle Shopping Center, and other developments in the area would most likely also provide on -site parking facilities. Mr. Klose indicated there may be some incentive for a developer to join in some sort of an assessment district as it would spread the cost over a period of years. The consensus of the Council was that if the.appellant's request is granted, some commitment should be made regarding joining an assessment district for parking purposes, if and when such a district is formed. Mr. Hudson indicated the matter had not been :discussed with his ;clients; however, if the Council made it a condition, his clients would either accept or reject the idea. Community Development and Services Coordinator Frank Gray cautioned the Council about making exceptions to their adopted parking regulations, without substan- tiating the unusual conditions. He also stated since the major property owners in the vicinity are the railroad company, Mr. Kieckhefer and a lumber company, he did not feel they would be interested in a parking district. To involve enough people in the district would call for a "gerrymand'ered" district. He r further stated he felt it would be more economical if property owners in the area could work out a joint parking lot. After further discussion, the Council determined to accept Councilman Harberson's motion that the seats be reduced if the off— street, off -site parking ceases to exist and included in the motion that the appellant would be required to join a parking district if one is formed. Resolution No. 7976 N.C.S. upholding,, with modifications, the appeal of Lawrence Jonas for project located at 20.6 Weller Street was introduced by Councilman Herberson, seconded by Vice -Mayor Perry, and adopted by four affirmative, two negative and one absentee votes,. Councilmen Bond and Hit - ligoss voted "no ". PETALUMA VALLEY Mayor Putnam advised at the Second Annual Distinguished V ROTARY CLUB Citizen's Award Dinner, sponsored by the Petaluma DONATION Valley Rotary Club, Henry Tomasini was presented with the award for this year. In addition, the club donated $`500 to the City of Petaluma to be used for picnic facilities. at Lucchesi Park._ ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:07 p.m. to an Executive Session. Mayor Attest: City ,T l 1 1 1