HomeMy WebLinkAboutMinutes 04/10/1978MINUTES'.OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
APRIL _10, 1978
ADJOURNED MEETING An Adjourned Meeting of the'Petaluma City Council was
called to order by Mayor Putnam at 7:30 p.m.
ROLL 'CALL Present: Councilmen Balshaw, Bond„ Cavanagh, Harberson,
Hilligoss, Perry, and Mayor Putnam.
Absent: None.
CONSENT_: CALENDAR A motion was made by Vice -Mayor :Perry, seconded by
Councilman Bond., 'to adopt the resolution, Agenda Item
ffl, introduce the ordinance for publication, Agenda
Item #2, and adopt the ordinance., Agenda Item #3.
Motion carried unanimously.
Agenda Item #1
AUTHORIZATION TO
FILE CLAIM WITH
MTC FOR TRANSPOR-
TATION DEVELOPMENT
ACT FUNDS
RES #8151 NCS
Agenda Item #2
AMEND ZONING ORD.
ALLOW FOR BARBED
WIRE FENCING IN
CERTAIN ZONING
DISTRICTS
ORD 4129`0 NCS
Agenda Item #3
ADOPT NEW CHAPTER
13.24 TO PROVIDE
REGULATIONS FOR
MOORING- =PETALUMA
RIVER
ORD 41284 NCS
Resolution #8151 N,C.S. of the City Council of the
City of Petaluma authorizing the filing of a claim to
the-Metropolitan Transportation Commission in accordance
with the requirements of the Transportation Development
Act of; 1971, as amended, for Article 4 (Transit System).
purposes, fiscal year 197.8 -79.'
Ordinance #1290 N.C•.S. amending Zoning Ordinance
TO N.G.S.. by amending Section 24 =500 and adding Section
2,4 -500.1 thereto, to allow for barbed wire fencing in
A, C -H, M -L, and M -G zoning districts, was introduced
and ordered published.
Ordinance 41284 N.C.S. of the -City of Petaluma re-
:pealing Chapter 13.24 of 'the Petaluma Municipal Code,
and adopting a new Chapter 13.24 to provide regulations
for mooring in the Petaluma River was adopted.
APPOINT LAWRENCE TENCE.R •Mayor Putnam indicated many of the people who had
PLANNING COMMISSIONER applied for Planning Commissioner had been heard by
TO JUNE 30, 1978 . the Council at a previous meeting and asked if there
RES 448152 NCS wer& any of those on the list submitted to them
present this evening who had not before made a pres-
entation to the Council.
Mr. Ernest E. Vivas of 1745.East Madison. Street and Mr.:. Robert Intner, 1721
East Madison Street,'both spoke to the Council indicating their interest in
serving as Planning Commissioners.
After their presentation,,'a.ballot was cast and Mr. Lawrence Tencer was selected
to serve on the Planning Commission to fill the unexpired term of C. Glenn
Head, to expire June 30, 1978,
Resolution 4815'2 N.C.S. appointing Lawrence Tencer to the Planning Commission
was introduced by Councilman Bond, seconded by Councilman Harberson,, and
adopted by 7 affirmative votes.
LETTER FROM MARVIN E. A letter dated March 28, 1978, addressed to the City
BRINSON, PRINCIPAL, Council,by Mr. Brinson, was read by the City Clerk and
GRANT ELEMENTARY. SCHOOL ordered filed.
Mr. Brinson expressed his appreciation on behalf of
the parents, pupils, staff and himself, for the sidewalk improvements on Grant
Avenue. Mayor Putnam commended staff on their prompt attention to the
matter.
.April '10, 1978
DIRECT STAFF TG APPLY • City Manager Robert Meyer stated 71 questionnaires
FOR REZONIN6,739 were sent out by the Ci:ty.Clerk with responses from 32
SOUTH McDOWELL BLVD.. citizens. The responses indicated 76 percent were
RES #8153 NCS opposedto using the single- family residence at 739
South McDowell Blvd. for a child daycare center; 57
percent were opposed to using it for senior housing,
and 37 percent were opposed to using it for a'senio;r drop -in center. Mr.
Meyer asked direction from the Council whether 'they wanted the matter sent
back to the Planning Commission for a public hearing or if the staff should
continue to 'solicit bids.
Vice -Mayor Perry indicated he `felt bids should be solicited to see what type
of ;resp'oins,es the City would get. Councilman Balshaw stated he would be opposed
to selling it without first giving the seniors an opportuni -ty to bid on the
property. He felt the matter should be discussed at a public hearing.
Councilman 'Harberson.indicated he was discouraged' that 57 percent were against
using this :facility for senior ',housing°." 'He indicated he would like to see if
there'would be some way to convert tie. -, present structure into a duplex for
senior housing and perhaps sell the one vacant lot.
Councilman ,Bond 'stated he did not feel the Council had to use the - responses.on
the ques "tionnai"re as a planning tool. There is a need to proceed with the
best use of that property: He felt the responses from the neighbors indicated
the least objectionable use for the `property would be that which would use it
the least. , rf this is the case•, then he felt putting' the House up °for sale
would.'have some validity.
City Manager Robert Meyer stated if the property was to be used for other than
a single- family residence, the matter would have' to be referred to the Planning
Commission and public.hearings held on rezoning the land. Mr-.;Meyer also
stated„ regardless of'what is done with the land.,, the revenue received from
the, property would. need. to be; used to reimburse the gas tax funds - in the
amount used by the City to purchase it for the widening of Caul"field'Lane.
Most of the discussion which followed centered on the use of the property-for
senior citizen'housing. The City Attorney advised if it is to be used as a
public project., it probably would be. subje'c't to referendum and there. could be
legal problems in the way of any low -cost housing. A suggestion was .made by
Councilman Harberson to convert the existing into a'duplex and build
smaller I units on the,vacant land. Councilman 'Balshaw felt the units proposed .
could be as,smal'l as from 500-to 700 square .feet. He-questioned whether the
land could be sold to a non - profit organization at the value the City, paid for
it., but place covenants on the use of the land.. The City Attorney indicated
covenants and restrictions may become problems:,; however it.p:robably could.be
done -. If the City owns the ;prop'er -ty and,t is not classified as a .low - income
project, it may not create the need for a referendum. Mr, Klose stated he had
some concern as he was not :sure what degree of public involvement would trigger
an election.
Councilman-Balshaw stated he was under the impression there was a senior
coalition considering the development of a public non - profit corporation which
may be interested. Councilman.Hllgoss stated she had attended their last
meeting and felt Ernest Vivas. may be able to advise the Council of the status .
of the group. Mr. Vivas stated he had attended the two meetings, of'the Ecumenical
Group in 'the City, comprised Reverend Herb Bauck,'Reverend Ke-Ilgren,
and Reverend Phill -ip Hall, along with other interested' citizens,. The question
of this property was brought up. at one of the meetings by Frank Gray. Mr.
Vivas' stated the :group has not progressed to the point of a non - profit organiz-
ation and probably could not move as quickly as the Council, may - wish. Mr..
Vivas also stated ',since the City has federal funds available, the $53:,000 for
the purchase of a senior housing site, Article 34 of the ,Constitution.may not
involve the need for a referendum election..
Councilman Balshaw stated there 'may be a possibility if the group is -p resented
with the opportunity, they would take it. Councilman Bond indicated if they
did accept it, he felt it would be a break.in faith with the churches,. The
churches were told the group would move deliberately in order to have a con
tinning body in the City. That matter has not been taken. 'to the respective
boards of the various churches in the City because they are ,waitin& f :or some-
thing more definitive to come out of the group.. The representatives sent from
the churches are ,going for :information only at this point. The group is being
very careful to ,put something together, which will not collapse 'through mis
und'er'standing.
April 10, 1918
DIRECT STAFF TO APPLY At the conclusion of the discussion, Resolution #8153
FOR REZONING 739
N.C.S directing the :staff:to apply for rezoning to
DOWELL BEND.
accommodate four to six units of senior citizen hous-
TES '
ing at City - owned. _p- r;operty located at 739 South McDowell
(Continue`d)
Blvd. was introduc ed by Councilman B'alshaw, seconded
by Councilman.Hllligc,s.s, and adopted by 7 affirmative.
votes.
URGE SUPV: DELONG TO
Councilman Harberson indicated this was the second
PROMOTE PURCHASE OF
time the Council had considered a resolution-regarding
VARNHAGEN PROPERTY
the South Sonoma County Regional Park. The Committee
FOR REGIONAL _PARK
which had visited various sites throughout the area
RES #8154 NCS
had selected the.Varnhagen proper=ty as their unanimous
MEMBERSHIP MAYORS' &
choice.for a' South County Regional Park, and at that
COUNCILMEN'S ASSOC.
time, Mr -. DeLong's appo=inted representative indicated
the iiiatter would be taken care of.
Resolution #8154 N..C,.S. urging County Supervisor George D'eLong to promote
purchase of the so- called.Varnhagen property as a South Sonoma County Regional
Park, was introduced by Councilman Hilligoss, seconded by Councilman Harberson,
and adopted by 5, affirmative and 2'negative votes. Councilman Cavanagh and
Vice -Mayor Perry voted "no ".
AUTHORIZE FUNDS TO
UPGRADE FURNISHINGS
IN COUNCIL CHAMBERS
the Public Works Depart]
the carpeting and clean
needed for the project.
City Manager Robert Meyer advised money had been allo-
cated in the budget for the sound system in the Council
Chambers; however, after the system was checked, it was
found some very minor adjustments needed to be made and
nent :is now .suggesting the `$1,454 be used to replace
and repair the draperies. An additional $261 would be
RECESS Mayor Putnam called.a recess at 8:.20 p.m., in order
for the Council to inspect the .carpeting. The Council
reconvened at 8:25 p.m.
The Council approved the expenditure of $1,475 for new
carpeting and $240 for cleaning the draperies.
REPORTS -- MAYORS" & COUNCILMEN'S
ASSOCIATION' MEETING:
PROPOSED COUNTY
Mayor Putnam reported on the. ; meeting held by the
SERVICE AREA
Mayors' and Councilmen "s Association when they dis-
SHERIFF'S SERVICES
cussed the level of service provided by the Sheriff's
Department in the unincorporated areas. The decision
of the group was to have LAFCO conduct a study and ask
the Board of Supervisors to participate with the
cities an. the study.
Ciipy, Manager Robert Meyer s=tated even if all of the
cities.agree, the study would not be started until
after the election on June 6.
REQUEST TO- EXTEND
Mayor Putnam stated at the meeting of the Mayors' and
MEMBERSHIP MAYORS' &
Councilmen's As=sociation some interest was expressed
COUNCILMEN'S ASSOC.
to include the Supervisors as members of the organi-
zation. She wanted to get an expression from the
Petaluma City Council as the matter would be discussed
at the _next .Executiv.e Session of the Mayors' and
'Councilmen's:Ass,o'ciation. It was the feeling of the
Council_the Supervisors,sho;uld be invited to attend
the meetings; however, they should not become members
of the.Association.
.
�oo
April 10', 1978
COUNCIL COMMITTEE REPORTS
URGE SONOMA COUNTY TO Counc-lman- Harberson reported he had attended a.meeting
ASSUME LEAD AGENCY the latter part- of: March regarding the ; Surface Runoff
FUNCTION--SURFACE Management Plan. He stressed the fact that the City.
RUNOFF MANAGEMENT PLAN of Sonoma and the City of Petaluma should urge the
RES #8155 NCS Board of Supervisors to assume the function of the
lead agency with regard to the Surface 'Runoff Manage-
ment Plan. - 1.
City Manager Robert Meyer advised every ;other county in the Bay Area has taken
the leadership and suggested the Council urge the-Board of 'Supervisors to
assume 'the respotlSibilities of the lead agency..
Resolution. #8155 N.C.S. urging the Sonoma County Board. of Supervisors to
assume the Lead. Agency function�r"elative to the Surface Runoff' Management Flan
submitted to the Association of Bay Area Governments, was introduced.by Council-
man Har-,Verson, seconded by V -ice -Mayor Perry, and adopted by, . 7 affirmative
votes..
VACANCIES ON Mayor Putnam advised there is a vacancy: on the Criminal
COMMITTEES REPRESENTING Committee and the People for Economic Oppor --
MAYORS�' & COUNCILMEN'S tunity and stated if any of the Council members were
ASSOCIATION interested in serving, they should contact Herb,Lucas.
COUMI•'L COMMITTEE REPORTS
PLANNING COMMISSION Councilman Balshaw, the Council's representative to
STUDY SESSION the Planning Commission advised the.Planning Commission
would meet on the fourth Tuesday of' the month for a
Study Session,.' _ The ;specific, purpose for the Study
Session is to develop .a policy on park land acquisition and fees in lieu for
submission to the City Council.. He questioned: whether it should be sent to
the Council of the Sttidy ;Sex's =ion for a general discussion, or whether the
Planning •'Commission•should hold public hearings b`efore•r's.ubmiss on; to th'e''City
Council. i
City Attorney Larry Klose stated it is simply a matter of the revision of
the f ee schedule,, the recommendation could be made to the Council without
public hearings; However-, if the proposal is to change the regulations provided
in the Subdivision.Ordinance., public hearings would have to be conducted 'at
some point.n time before the regulations could be adopted The recommendation
would b"e made to •the Ci "ty Council, and the Council would hold the public
hearing. The Council could,, however, change the fee schedule'by resolution.
REFER` AMENDMENT TO A proposed-ordinance to amend the Zoning Ordinance to
ZONING ORD. FOR provide for •dedication of necessary st -teet right -6,f -
DEDICATION OF way and construction of. public improvements as a
RIGHT =OF =WAY AND- condition of development approval, with certain 'ex-
CONSTRUCTION OF ceptors had -been distributed to members of' the Ci'.ty
PUBLIC - IMPROUEMENTS Council - for-their. review.
RES V815,6 NCS
City Attorney Larry Klose advised Section 3'had been
added which would exempt development proj°:'ects on :East
Washington Street between 'Lakeville and U.S. Highway 101. He stated the
proposed ordinance. is the best synthesis. of what could be done effectively
without creating a very complex law.
City Manager, Robert Meyer sta -ted he had asked: the City Engineer-, David Young„
to prepare•a - few,examples for�the Council where this ordinance could be ap-
plied. Mr. Young displayed a v c_•ni•ty map.,an& illustrated where the ordinance
could have been applied as public •improvements.were developed,; and where there
are likely to bd developments in.-`the future. One of the examples pointed out
by Mr. Young was the la'st home park built on .North McDowell .'Blvd. At
the time the mobile 'home=,park, - iwasa_constr,ucted, the existing property line was
only 30 from the centerline of the street. The mobile home park construc-
ted a future half - width arterial street, so the. actual right -of -way was 43
feet. Curbs., gutters and sidwalks were also built.. Mr. Young stated, under
the existing City policy resolution.,'when a development�lik :e this is to be
1
1
April 10 -., 1978
REFER AMENDMENT TO built, the ,City requires the':mprovements without
ZONING ORD. FOR dedication•. As a resul' some of the public improve-
DEDICATION OF ments are on ; private property. This did happen in
RIGHT -OF -WAY' AND this particular ca's'e,. and , , after a period of time, the
CONSTRUCTION ;OF owner dedicated the land to the City in order to
PUBLIC IMPROVEMENTS remove it -from. his tax. base.
RES #8`156 NCS
(Continued) The'second example given by Mr. Young was Magnolia
Avenue ne "ar the City limits on the north side. A
-property ownerf had developed the half - street, curb,
gutter and sidewalk but simultaneously dedicated the land. There is a pos-
sibility of other lands being I developed in the area where the City's policy
would require the public-improvements but not the dedication of the land.
Another example'given by Mr. Young was where the apartments had been built at
the corner of Petaluma.Blvd. off Magnolia Avenue. On the Magnolia frontage,
the right -of -way line indicated the adopted plan line. Mr. Young stated he is
not sure whether the right- of-.way has been dedicated to the City on this
project; however., under the ordinance, as' proposed, dedication would be re-
quired to the adopted plan 'line.
Another illustration was on Street-off-Petaluma Blvd. where the existing
street from the centerline to fhe .right -of -way was only.15 ,feet; however, an
additional 10 feet were required. Mr. Young stated he is not.sure on this
development if the right -of -way has been dedicated to the City.
Under the proposed ordinance, as development occurs along the street, the
right -of -way would have to be dedicated to the City and the public improve-
ments completed.
Other examples slown'by Mr. Young included Erwin Street where the City had
already owned the right -of -way, but the-City's policy required construction of
the public improvements. Under the :proposed ordinance:, the improvements would
be mandated by law. In this instance,. only sidewalks were installed. Mr.
Young pointed out the ordinance, as proposed, requires curbs, gutters, side-
walks, half - street, etc., to be constructed to current City standards; however,
judgement would have to be used and as long as improvements where already
constructed are functional, they would not have to be removed and built to
,comply-strictly-with the current•standards.
Some other examples given by Mr. Young was the corner rounding at Petaluma
Blvd. and "D" Street, where the 7- Eleven Store was recently built. Also, an
area on West Street near Howard, where improvements-were"- built.on an.exi.sting
right -of -way.
The last example given by Mr'. Young was Weller Street where the City had
recently authorized an owner - participation agreement to build the street. In
this instance, the City and the owners of the Farrell Home will have to dedi-
cate five feet for the improvements.
The City Engineer stated the City has -been working under the policy resolution
for a number of years. It seems to have worked out well, and he felt it was
time now to make the policy resolution a matter of law.
Resolution #8156 N.,C.S. referring the matter of an amendment to-Zoning Ordi-
nance #1072. N.C.S.; as amended,, by adding Sections 2 -313 and 2 -314 thereto, to
provide for dedication of necessary street right -of -way and construction of.
public improvements as a condition of development approval, with certain
exceptions, to the Planning Commission for report and recommendation, was
introduced by Councilman Balshaw, seconded by Councilman Perry., and adopted by
6 affirmative and 1 negative votes. Councilman Hilligoss voted "no
APPOINT MEMBERS TO The following members were appointed to the 1978
1978 CITIZENS' Citizens' Advisory Committee for Housing and Community
ADVISORY COMMITTEE Development Act Priorities:.
HOUSING & COMMUNITY
DEVELOPMENT ACT Dale Turner, 4,7 Sixth Street; Irene Sasso, 708 Fifth
PRIORITIES Street.; Lou Rasmussen, 432 Garfield Drive; JoAnne
RES #8157 NCS Ellwood, 721 Sixth.Stree;t; Jim Harris, 807 Western
Avenue; John Maderious, 210 Vallejo Street; Mary
Runge,, 21.5 Grant Avenue; Venito Trosko, 822 "D" Street., Jerold Phillips, 17
Pamela Drive; and, Marion Hodge, 13 Haven Drive.
Council. directed ,staff to work on the areas which had, been discussed, and bring
only those. items back to the Council for.review. These would include such
items as-.the .square 'f'oota'ge to be permitted for signs where ;no building exists;
a. definition of "pennants" and. the size they should be;, work -out a reasonable
time for 'signs to remain on. Christmas. tree 'lots (proposed. ordinance ; ndic
14 days); and if :signs should be _,permitted for.. temporary sales offices. The
City Attorney was also asked to review any litigation regarding political and
campaign signs to determine if .the ordinance•woul'
ADJOURNMENT There being no 'further business to come before the
Council, the meeting wa's adjourned.at 11300 p.m., to
an Executive Seasion
-Mayor
Attest:
Cit Clerk
April 10, 1978
AP.POINT'MEMBERS -'TO
Senior Planner Fred Tarr advised the Committee.would
1978 CITIZENS'
be meeting as quickly as possible as there is a dead-
ADVISORY COMMITTEE
line of May 15 to submit the preapplication to the
HOUSING & COMMUNITY
Department of Housing and Community Development.
DEVELOPMENT ACT.
PRIORITIES
Resolution #8157 N.C.,E._appointing members to the 1978•
RES #8157 NCS
Citizens' Advisory Committee for Housing and Community
(Continued),
Development Act,- Priorities, was introduced by'Counci -1-
man .Harb'erso,n seconded by Vice - Perry,, and
adopted by 7 affirmative votes,
STUDY SESSION
Planning.Direc.tor-Ron -Hall reviewed the proposed and
PROPOSED SIGN,ORD.
existing Sign Ordinance Comparative Report with the
City Council,. During the course of , the Study Session,
suggestions were ,made for cor•rections items to be
incorporated..into thel Ordinance and the 'matter, brought'
.back before the Council.
Council. directed ,staff to work on the areas which had, been discussed, and bring
only those. items back to the Council for.review. These would include such
items as-.the .square 'f'oota'ge to be permitted for signs where ;no building exists;
a. definition of "pennants" and. the size they should be;, work -out a reasonable
time for 'signs to remain on. Christmas. tree 'lots (proposed. ordinance ; ndic
14 days); and if :signs should be _,permitted for.. temporary sales offices. The
City Attorney was also asked to review any litigation regarding political and
campaign signs to determine if .the ordinance•woul'
ADJOURNMENT There being no 'further business to come before the
Council, the meeting wa's adjourned.at 11300 p.m., to
an Executive Seasion
-Mayor
Attest:
Cit Clerk