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HomeMy WebLinkAboutMinutes 05/15/1978MINUTES OF MEETING r OF CITY MUNCIL PETALUMA,_CALIFORNIA MAY. 15, 1978 REGULAR MEETING The. 'Regular Meeting, of the Petaluma City Council was called-to order by Mayor Helen Putnam at 7:40 p.m. ROLL CALL Present:I Councilmen Balshaw, Bond_, Cavanagh, Harberson, Hilligoss;, Perry *, and.Mayor Putnam. *Vice -Mayor Perry arrived at 7 :45p.m. INVOCATION Adrian.Sias, Retired Minister and Chaplain, Christian Church, gave the Invocation. PLEDGE OF''ALLEGIANCE- Lt. Dennis DeWitt of the Petaluma Police Department led the Pledge of Allegiance to the Flag. APPROVAL�OF MINUTES' The minutes of,the,Regular Meeting of April 17, 1 7 , were.approved as mailed. CONSENT CALENDAR Councilman H lligoss asked to have Items #1, #7, #8 and #9.removed .from the 'Consent Calendar. At a later time in the meeting,, Councilman-Harb.erson requested .reconsideration of Items #10 and #11 on the Consent C'alend'ar. A motion was made by Councilman Harberson,, °seconded by Vice -Mayor Perry, to adopt the resolution, Agenda'Item, #2., introduce the or,d- inances for publication, Items' #3, #4; #'5„ and X66, and adopt the ordinances, Agenda Items #10 and #11. Motion carried unanimously., Agenda Item #2 Resolution #81.96. N,.C.S. approving lot line adjustment APPROVE LOT LINE for property owned`by Douglas Clegg and proposed for ADJUSTMENT FOR development by Keegan „and.Coppin Company, Inc., and M LOTS lO &.1 -1, UNIT 3 & T, Inc.., between Lots 10 and .11 of, Unit 3 of the PETALUMA INDUSTRIAL Petaluma.I`ndustrial Park Subdivision at the southeast PARK corner cf;.Holm;Road and:Ross_Street, was adopted. RES #8:19.6 NCS ' Agenda Item #3 Ordinance #1297 N,.C.S. designating the Great Petaluma DESIGNATE' GREAT Mill, located at 6 - 8- Petaluma Blvd:. North, in the PETALUMA MILL A City'of Petaluma, a Historic Landmark, was introduced HISTORIC LANDMARK and ordered published.. ORD #1297 NCS Agenda Item #4 Ordinance #1298 N.C.S:, designating the 0.1d.Po.s.t Office • DESIGNATE' `THE OLD Building located at. 10' - '22 Petaluma Blvd. North, in POST OFFICE BLDG the .City. of Petaluma °,, a Historic Landmark, was intro- A HISTORIC' LANDMARK duced and..oxdered, publ_ she :. ORD #1298' NCS Agenda, Item #.5 DESIGNATE .THE- McNEAR, BUILDING A- HISTORIC LANDMARK' ORD” #1299 NCS Agenda Item #6 AMEND ZONING ORD. TO REZONE 151 GRANT AVE.. FROM :R120,.000 TO R -1 -'10 -,000' (EVERHART). ORD #13.00 NCS Ordinance #1299 N�.C..S. designating the McNear Building. located. at ° 15 - ,25 . Petaluma Blvd. North, in the City of, Petaluma,, a. H_ istoric.Landmarrk, was 'introduced and ordered ,published. Ordinance #1300. ,N,. C.,S, amending Zoning Ordinance ,# 1072 N C..S.. by reclassify and rezoning A,P. #008 510 -48 (approximately, .58 acres) from R- .1- 20,000 to. R- 1- 10,000 for property located at 161 Grant Avenue. (Everhart), was.introduced and ordered pub'lished.. 5aa. May 15, 1978 DIjSCUSSION BY DOWNTOWN A letter dated May'&, 197:8,.addressed to the Mayor and MERCHANTS' ASS'O,C. AND City Council'by Fred Mattei,, requesting this item be JUDGE WM. BETTINELLI placed on the Agenda -,.was read by the City Clerk'and RE METERS ,& PARKING ordered filed. IN CORE AREA Mr.-Mattei spoke to. the City Council and advised the merchants are concerned regarding;.the parking meter bail and fines and the. problems'p.resented;. At. a 'recent meeting of; the Downtown Merchants' Associa- tion, which was,attended.by approximately: 100 members, he had been selected chairman of. a committee to :try w work with the City.and the Courts to resolve the matter.. The merchants .ar:e a "sking the City to petition the. Courts ,and request, a 90 -day moratorium because .of the confusion between the $3.0 "0 bail and $1.00 :fine for parking meter violations The committee has set up a plan of ac:t,ion, and if the Courts are favorable to the request for a moratorium, the committee would like. to meet. with Chief Murphy, or his designate,, .and review. the parking meters, and the hours for __. parking;; then„ discuss the matter. of financing with John Scharer and the City Manager.. The second part of the• plan '.would be to meet. with staff to discuss off- street parking and parking for employees. If a lot. could. be found' for employees, this would the available metered spaces for customers. The third program the, group ,would 'like to undertake would be to see if, they can ,generatet enough energy, and possibly aid, to .help ,the, City, in going forward with the Keller Street, parking lot as. soon.: as possible and to determine if additional spaces can be found in the "A!' Street parking lot or on Petaluma Blvd. 'North. Judge "William B'ettinelli was 'presentt. and explained .how.the,'situatiori ' bad. :come about which made.the bail $3.00 as of January 1„ 1978,, for parking meter violations. He stated Section, 1269'(b) of the Penal Code pr,ov-id'es that it is the duty of the Judges of each .County to.set a uniform, County -wide schedule of bail for all misdemeanor and infraction off.ens.es. ..Thei Judges determined to raise the bail .when 'a survey had been completed ..which indicated each :fine. collected,cost about $1.62 per...citation to process,. During 1976 -77, the City received: $14,473,.67., or-- 76 'percent of the total. fines collected.. The County - retains 24 'percent: to Offset collection cots.. For Petaluma alone,. over $21 was spent in collection .and the 'County received slightly over $4,,500 Because of "this cost of collection factor, the bail schedule was raised. Judge, Bett1nell,has discussed the matter with. the other Judged, and they ,have indica.t'ed. they would be willing- to grant a 60 7day stay in the f ine.:si:tuation. He advised he did not have the.authority to go'_beyond - the 60 days, bu would request the susperis through, July_ 31:, 1.9.78, or a total of about 75, days. He also stated the reduction would be effect =ive May 16, 1978, and could not be made 'retroactive. During the course. 'of his discussion, . Ju g6, outlined the three alternatives :available to the City: (1) For` the, City to raise the fine or the Courts to lower the bail,; (2) Place the responsibility of obtaining the're.gis- tration from the Department of ,Motor' Vehicles, and. mailing the notices of illegal ,parking on the arresting agencies,'' n this case th_e' City of Petaluma : ; d,, (3)' Penal Code Section - 1463 .es.tab.li.shes the `24/16 percent ratio. The Attorney .General has ruled that 'one; of the; vital .parts of the parking system. was for the d -ides to obtain the information and mail the statutory notices;. The Attorney General has also ruled if the cit'ies.,do not take .over .the , func= Lion, the'counties may withhold the total f.ine._, Judge Bett nell'i indicated this has never' been discussed by -the -County,, and he does not see this hap- pening. c of his oPngths�dscusson�t °tinell advised he would' send a letter to . Mr. Mat:tei stated he felt the August 1 date would.b ;e satisfactory to the Merchants' Association,, and,in the meantime, they: would try to work on other . alternatives.. Mayor. Putnam, thanked both 'Mr., Mattei. and Judge Bettinelli for their willingness to try to.'resolve the situation.. May 15, 1978 CITY MANAGER'S-REPORTS CLAIMS -& -BILLS Resolution approving claims and bills #4906 - 45107, .1 RES 48.97 NCS inclusive,, General City; and, 4941 - 4965, inclusive, Water, audited by the City Auditor and approved for payment by the City Manager, was introduced by Council- - man Hilligoss, seconded by Vice -Mayor Perry, and adopted by 7 affirmative votes. BOARD OF SUPERVISORS City Manager Robert Meyer reminded the Council the MEETING., MAY 16., 1978 Board of Supervisors would discuss the matter of becoming the Lead Agency for the Surface Runoff Manage- - ment'Plan for th'e ABAG Environmental Management Plan. Also, at 9:50 a.m., the Board of 'Supervisors would be discussing the Varnhagen property as the South County Regional Park Area. Mr. Meyer urged members of the Council to attend if they po "ssibly could. Councilman Hilligoss would be attending; along with City Engineer David Young, Community Development and Services Coordinator Frank Gray, Recreation Director Raymond, and City Manager Robert Meyer. COUNTY -WIDE COMMERCIAL Frank Gray advised has been serving on this Task AND INDUSTRIAL TASK Force Committee, the membership of which is comprised FORCE STUDY of all the cities, the County's Economic Development Board, and the County of Sonoma. The study encompasses the overall commercial and industrial development of the County and the cities. The Task has outlined on `Pages 1 through 13 the recommendations regarding what'the study should include. There would be no commitment from the City Council from an economic standpoint at this time. Mr Gray, asked , the' Counc` l to' .review the outline and make their comments' so that it can be returiiOd to the 'task Force. He also'stated this should be done in order for to be discussed at the May 22, 1978 Council Meeting. RESCIND RESIDENTIAL Senior Planner Fred Tarr advised an allotment had been ALLOTMENTS (197:4 -75) granted for this piece of property for the 1974 -75 KIECKHEFER-- PETALUMA construction year for 165 multi - family units to Walter BLVD. SOUTH Kieckhefer. The last action taken by the City Council RES #8198 NCS was in January, 1`975; when the Environmental Impact Report for the multi- family unit project was certified. Subsequently, an allotment was awarded to another development company to construct 55 single- family homes on the land. The following message, had been received by the City Clerk from Mr. Craig Smith, associated with the Walter Kieckhefer Company, at 3 :45 p.m., May 15, 1977, and Mr. Smith asked that the message be read into the "records. "P.ro- viding this revocation of ''residential development allotments affects the 165 multi - family units for the 1974 -75 construction year and'not the allotments granted to Scenic Land Properties for the 1978 -79 construction year (55 units), we have no objection'to the revocation." Resolution 44'8198 N.C.S. rescinding certain residential allotments in 1974 -75 cons.truct.ion year - W.'Kieckhefer (Petaluma Blvd. South) - 165''multi= 4amily units, was introduced by Vice -Mayor Perry, seconded by Councilman Hilligoss, and adopted by 7 affirmative votes. RESCIND 13 Mr. Tarr explained the original 13 multi - family units MULTI - FAMILY: UNIT had I been awarded to Goltermann, Glazier and Hansen to ALLOTMENTS' cons:tr.uct' housing for the elderly at the corner of GOLTERMANN, GLAZIER Eighth "and "Y' Streets;.' The P.U.D. for the project & HANSEN was denied_. Subsequently, the'land has been rezoned RES 481.99 NCS to 'R -2 and two duplexes have been constructed on the property. The action,before the Council is merely to - rescind multi- family units which will not be built on the .land. Resolution,#8199 N.C.S. rescinding certain residential allotments in 1977 -78 - Goltermann, Glazier and Hansen (.Eighth and "F" Streets - 13 multi- family units) was introduced by Vice -Mayor Perry, seconded by Councilman Bond, and adopted by 7 affirmative votes. May 15, 1978 DISCUSSION REGARDING Mr. Tarr explained the hearing before the Council at RESCISSION.OF 199 this time was to consider rescinding 99 multi- family MULTI - FAMILY UNITS units awarded for the 1975 -76 construction year, and QANTAS DEVELOP. CORP. 100 multi- family units for the,1976 -77 construction (NO ACTION) year, to Qantas.Development Corporation, for Park Place Subdivision on North McDowell Blvd. Mr. Tarr.reviewed ,the.chronology of events;.as outlined in his memorandum dated May 11, 19,78, to the City Manager, a copy of which .is on file with the City Clerk. Mr. Tarr also read a letter dated. May 5, 1978, addressed to the City Council, by Jon D. Joslyn, Qantas Devel - opmerit Corporation, opposing the rescis- sion of the Park Place multi- family housing.allotments. A copy of the letter is on file with the City Clerk. City Manager- Robert Meyer reviewed.Resolution #6990 N.C.S., adopted June 2, 1975,, which required the,review'of the residential development allotments in order to determine if: they were proceeding, in an. orderly fashion. Mr. Meyer stated the staff has been tardy in keeping.up on the matter,; however, there are times when the matters have to be reported to the Council in.order for the staff to receive direction.. Mr. Jon Joslyn of Qantas Development Corporation indicated he felt the staff should submit to the Council the general development plan which his firm has been operating under for over a year. The;map.submitted to the Council in December of 19.76 outlines the development schedule.for the various phases. The first, phase, of the multi- family units.will. precede Phase III of the single- family units.., There was some discussion ,regard- ing,the development schedule for the multi- family uni -ts. City Manager, Robert Meyer. questioned whether the multi- family units would not be built until after. all the single - family units are completed. Mr. Joslyn felt the Council had awarded the allotments.and subsequently-approved variations to.the, development schedule. They do no:t.feel they are in default . on the development schedule., Community Development. and Se.rvices'Coordinator Frank Gray stated 'there was not any, f. the project was: not moving forward. in an orderly manner. The question is are the developers complying with the development schedule filed with the application for the multi- family units. The development schedule .las.t.submi.tted is the one Mr. Tarr reviewed with the Council at this meeting. Mr. J.oslyn,felt, the development schedule ind cared -on the P.C.D. map and the one which,had been amended at the time there was discussion regarding the hospital site fulfilled the requirement. He also. stated the project has been delayed for various reasons, including the preparation and certification of the E.I.R., and the annexation procedures. The Council expressed concern regarding the award of the multi - family units to Qantas when they were.not prepared to build the units.,. This type of housing-. was.required to fill a need for the community. Mr. Joslyn ,stated he did not feel they had.deprived anyone of multi- family units on the eastside, as no multi - family applications had been rejected. City Manager Robert Meyer questioned, . whether: it, would be possible for Qantas to start construction on the first 99 multi - family units by next Spring. Mr. Joslyn indicated they., could prepare and submit: their. planned unit .development. application.by. January 1, 1979. Community.Development and :Services 'Coord-inator Frank Gray stated he.felt the matter could..be resolved if Qantas Development would submit an amended development schedule to be attached to, the. original allotment, giving dates and time frames for doing the work. Mr. Gray agreed' with Mr.. Joslyn, there are circumstances which prevent adhering to certain schedules,, such as the,preparation ' of `the enyironmental impact report; however,, the idea of the development scheiiu_le is to, give the;.CounciI a set of guidelines as to when they can expect certain.things to happen in a development., If such a development schedule is submitted by Qantas, the,Council would then be able to review periodically to determine.f. the development is in conformance with the desire of the Council for the construction of these units. Discussion was held by the Council on the responsibility of the staff to review progress on developments which have been given allotments_. Staff has not prepared the reports recently and were directed to keep the Council advised prior to anytime they were .requested to-rescind allotments, Mr. Joslyn indicated he would', be willing to submit a new development schedule based upon his best knowledge of when certain phases would be accomplished. Mr. Gray indicated if the Planning Director had such a document and it was found the developer could May 15, 1978 DISCUSSION REGARDING not adhere to the schedule because of certain eriviron- RESCISSION OF 199, mental review. processes 'the 'Planning Director could MULTI - FAMILY UNITS advise the Council:, City Manager Robert Meyer advised QANTAS. DEVELQ,P CORP. the staff- wil_1� •prepare `month -ly reports to keep the (NO ACTION); - Council advised. (Continued) ' City Attorney Larry `Klose stated the City is not derelict on the question of notice. The Residential Development'Control System.require's the developer to submit the development. plan and any revisions ther:et:o. It does , not place the burden on the City to give notice that rescission of allo.tments.:s being considered. The :took no action,'to rest' nd.the allotments, but requested Mr. Joslyn to submit a new development schedule, including dates. AUTHORIZE RELEASE OF Community Development and'Servi'ces'Coordinator Frank FUNDS' FROM THE Gray' advsed'.the staff .has been contacted by a non - DEPT. OF' HOUSING profit organization 'of churches 'in the area which is AND URBAN DEVELOPMENT interested in providing housing opportunities for FOR 739, SOUTH senior citizens. The group discussed the subject McDOWELL BLVD. property at. one-meeting and, 'there was a.great deal of RES MZOO VCS' enthusiasm regarding the development of the City-owned property property .at 739 South McDowell 'Blvd. They will-again. meet. on. May 25, and tope to have a firm'proposal for the Council. Mr. Gray stated, in the. meantime, he has explored other aspects which would take Council action. The'Department of Housing :and.Urban Development related to him. verbally that the,-$55_ ,000 set aside for senior citizen land acquisition and site preparation could be used for this site. If the site could be trans- ferred for less than the.$53,,000, i.e., the amount of money the City paid for the site, the balance.could-b.e used for,development and. restoration of-the house. The strategy would be for the City to purchase the housing from itself, i.e., from ,the, ; gasp, tax ..funds and using Commmuni;ty Development Block Grant funds; then, . establish, funds within the City .for the preparation of the -plans and the renovation of the house`: Plans would be developed with the neighbor- hood for the remaining hand. .The,house would be repaired immediately, with volunteer labor whenever possible from this group,, and the materials and any special professiorial labor required would come.out of the fund. Mr. Gray indicated if the Council is f;avorabl to the concept,. staff could apply to the Department of Housing and Urban Development for the release of funds and have all of_the,necessary transactions ready for a Council Meeting in June. Mr. Gray explained the expediency is because the house is vacant at the present time and subject to vandalism. Resolution #8.200.N.C.S. authorizing the Director of Community. Development to app.ly� for, and;process 'a development plan with the U. S. Department of Housing ,and Urban Development for the utilization of City property at 739 South'MeDowell Blvd. as -a senior.citizens' residence facility, was introduced by Councilman Bond, seconded by Councilman- 'Balshaw, and adopted.by 6 affirmative and 1 negative votes. Vice- Mayor.Perry voted "no ".- ACCEPT RESIGNATION 'Resolution #8201 N.C.S. accepting the resignation of EDWARD ,E. HOR_CIZA Edward E.,Horciza from the Planning Commission, was PLANNING COMMISSIONER introduced by'Councl:man.Hilligoss, seconded'by Council -- RES #8 201_ NCS, man and adopted by 7 affirmative votes. RESOLUTION OF Resolut on, #a.202 N.C,.S. expresssing. appreciation to APPRECIATION: FOR Edward E... Horciza, was introduced by Councilman-Bond, EDWARD E; HORCI'ZA seconded and adopted by 7 RES _4820;2 NCS affirmative votes. ORDER REORGANIZATION WITHOUT NOTICE OR HEARING - - -- NORTHEAST PET_ALUMA'ANNEXATION N0. 10 RES 448203 NCS The...;tem had been removed from the Consent Calendar at the request of.Councilman Hilligoss. She indicated she, would Aike to have_her.''no" vote recorded on this item until.it is determined what is to become of the airport.. Resolution'#8203 N.C.S. of the City Council of the May 15, 1978 , ORDER REORGANIZATION City of Petaluma, State of California, ordering reorganiza- WITAOUT NbTICtCOR tion with notice or hearing ,:of territory designated' HEARING--NORTHEAST .,as -Nbrtheast'Petaluma Annexation,N6. 10,. was introduced PETALUMA `ANNEXATION by Councilman Harberson, seconded by Councilman Balshaw,, NO. 10 and adopted by 5 affirmative and 2 negative, votes. RES #820 NCS Councilman and Vice-Mayor Perry voted "no". (Continued) AMEND' - ZONING ORD,. TO 'The item was removed from.theConsenf Calendar at the PROVIDE DEDICATION request of Councilman- killigpss in order f or her "tioll STREET RIGHT-OF-WAY vote to be recorded., AND CONSTRUCTION OF PUBLIC IMPROVEMENTS Ordinance #1301 'N amending Zoning Ordinance #1072 ORD 41301 NCS; N..,C.rS. by adding Sections, 2-7313 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 ex was, introduced by Co uncilman Bal'sh;aw seconded by Councilman Harbe'rson, and ardered-pub."lished by 4 affirmat ive"a 3. negative votes?. Councilmen Cavanagh, Hil,ligpss and Perry voted "rib' AMEND ZONING ORD.. TO The, ft-em. had 'been removed from the. Consent C41_enaaT'at REQUIRE MASONRY r the.eqtiest of: Councilman Cavanagh, in praer',for. his SCREENING ALONG 11noll vote t be recorded., ARTERIAL & COLLECTOR STREETS Ordinance Y.-C.S. amending Zoning Ord-inande,410.72 ORD #1292 NCS N.C.:S,. by adding Section . 23-208 thereto,,requiring (SECOND READING) masonry screening along arterial and collector :streets, was adopted by 6 affirmative and I negative votes. Councilmari'Cavanagh voted no AMEND ZONING ORD. TO Councilman'Milligoss in previous dis- indicated: she had previous RECLASSIFTAPPROX. qualified herself from voting on this issue as . she 5J6 ACRE S=--?tAKEV ILLE owns I property in the vicinity and for that reason had- HIG14WAY--F,ROM. M--;L,'TO requested- the'item be -removed from the, Consent Calendar. TkOPERTIE - 8) Ordinance #1293 N.X-.S.amending'Zoning Ordinance * , #1072 ORD I293 US N.C,-.S,. by reclassifying A.P. #05-050-09, �f05_050-10-, - (SECOND 'REA and .05- 050: -16 (located dn, the southeast 'corner of Lakevil.16 Petroleum Avenue) (approximately 5.16 acres) f rom - M_"L` (ligh.t. industrial) to P_UD (planned unit development) (Indian Creek Prbperties),.wasadbpted by 6 affirmative votes. Councilman .Hlll.ligoss''di ied. herself. f rom voting. Effective date, of Ordinance June 14,, 1978. MOTION TQRECONSIDER, Councilman'�Ha requested motion tion reconsider-- , , . AGENDA. ITEMS 1f10 &#h ation of Age nda -Items # .and lll on the "',Consent Calendar, as he, has traditiofially abstained, from voting onany item, pert to Qantas Development Corporation. The motion.was.intro'duced by Councilman Harberson, Vfce-Mayox Perry, and approved by 7 affirmative votes. Ordinance #1294 N. C.. S. - amending Zoning Ordinance #10,72, N.C.S. by p'rezai.ling,port-ions of, and Lmodifying 'an exist - Planned Community District. on portions of A.T. #136"11 #136 #136 and It136 04, to include said parcels. in a. single PCD (planned' community district).:­ approximately 74-5 acres located e on Ely Blvd,. North I Petaluma, (Qantas) was adopted, by 6 affirmative'voties.. . Clo.unci-Iman I Harbersofi Abstained from voting. REZONE APPROX. 35.!,6. Ordinance 1129 N.d.�S, amending Zoning -Ordinance 11072 at's BLVD. NO. '.RiC by prezoni ng A.R. #136-110-07' #136 t11Q-08, ROM COUNTY "A" TO #136-110-15 413,6410-21, #13,6"110-22 IM6410-26, #136-110735 #06-110--�36, (approxima y_ - 35.6 RD 1f129'5 NCS acres) located . on Ely Blvd.. North, , County "A!" SECOND READING) (,agriculturdl).to City of.Petaluma R-1-6,500,, was adopted by 6 votes., with-Councilman HA.r-bers.on abstaining. May 15, 1978 ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:10 p.m. to Monday, May 22, 19.78, at 71:30 p.m. Mayor S6 Attest: ity Cle;