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HomeMy WebLinkAboutCity Council Minutes 10/06/19756 3 MINUTES OF,MEETING OF CITY COUNCIL PETALUMA_, CALIFORNIA OCTOBER 6, 1975 COUNCIL MEETING The regular meeting of the City Council of the City of Petaluma was called to order by Mayor Helen Putnam at the hour of 7:30 p.m. ATTENDANCE Present: Councilmen Brunner, Cavanagh, Harberson, Hilligoss, Mattei, Perry, and Mayor Putnam. Absent: None. INVOCATION The Reverend Timothy West, St. John's Episcopal Church, gave the invocation. APPROVAL OF MINUTES The minutes September 8, 15, and 25, 1975, were approved as recorded. CONSENT CALENDAR A motion was made by Councilman Mattei, seconded by Councilman Perry, approving the resolutions, setting pub lic - hearing dates for Items #10 through #13, and filing the ABC application. Motion carried unanimously. Agenda Item #1 ABC application - Clay and Lois Lee Thompson, 610 ABC APPLICATION Petaluma Boulevard North, for on -sale beer and wine] "610 MAIN" eating place license for "610 Main ", approved by Police Chief, Chief Building Inspector and Health Officer, was approved by 7 affirmative votes. Agenda Item #2 Resolution #7137 N.C.S. requesting cancellation of CANCEL TAXES=- taxes on property located at 721 East Washington VARIOUS PROPERTIES Street and 10 Bassett Street, acquired by the City of RES 47137 NCS Petaluma, was adopted by 7 affirmative votes. c1 I� D Agenda Item #3 Resolution 47138 N.C.S. calling for bids for one 1975 CALL FOR BIDS precision one - second optical reading erected image SURVEY EQUIPMENT theodolite with accessories was adopted by 7 affir- RES 47138 NCS native votes. Agenda Item #4 CALL FOR BIDS POLICE VEHICLES RES 47139 NCS Agenda Item #5 CALL FOR BIDS ANIMAL CONTROL VEHICLE RES 47140 NCS Agenda Item #6 PERSONNEL SYSTEM CLASSIFICATION EXEMPTIONS RES #7141 NCS Resolution 47139 N.C.S. calling for bids and approving specifications for the purchase of six vehicles for the Police Department or, in the alternative the lease of said vehicles for a term of 12 months, was approved by 7 affirmative votes.. Resolution 47140 N.C.S. calling for bids and approving specifications for the purchase of one van -type truck lJ/ for the Department of Animal Control and calling for bids thereon, was approved by 7 affirmative votes. Resolution N.C.S. clarifying classifications exempt from the Personnel System was approved by 7 affirmative votes. Agenda Item #7 Resolution 47142 N.C.S. of appreciation'to the Shamrock r 0 APPRECIATION TO 4 -H Club was approved by 7 affirmative votes. 11 SHAMROCK 4 -H CLUB RES 47142 NCS Agenda Item 448 Resolution 47143 N.C.S. requesting acceptance of FUTURE MAINTENANCE responsibility (by the Sonoma County Water Agency) for THOMPSON CREEK maintaining the hydraulic sufficiency of Thompson / RES #7143 NCS Creek within Westridge Subdivision Unit 1 was approved by 7 affirmative votes. 64 October 6, 1975 A6A Agenda Item #9 Resolution #7144 N.C.S. determining certain land to be LEASE iSEWER POND surplus the City-'s needs and.authorizing lease SURPLUS LAND thereof was approved by 7 affirmative votes. (JOHN FRATES) RES #7144 NCS Agenda Item 410 Resolution #7145.N.C..S. setting a public hearing date SET PUBLIC HEARING (November 3, 1975). for the purpose of considering the DATE-- BODEGA AVENUE adoption of a proposed amendment to Zoning Ordinance STUDY AREA 41072 N.C.S. by prezoning A.P. #19- 070 -01 and 19-070 - (NOVEMBER 3, 1975) 02, and a portion of 19- 070 -11 from County A, Agri - RES #7145 NCS cultural District to an R- 1- 40,000 (single- family residential, 40,000 sq.. ft. minimum lot size) District, located in the Bodega Avenue /Paula Lane vicinity was approved by..7 affirmative votes. Agenda Item 411 Resolution #7146 N.C.S. setting a public hearing date SET PUBLIC HEARING• (November 3, 1975) . for the purpose of considering the DATE -- BODEGA AVENUE adoption of :amendment. to :Zoning .O.rdinance,No..1072 STUDY AREA N.C.S. by prezoning A.P. #19- 070- 03thro.ugh -.06, -08 (NOVEMBER 3, 197.5) through -10, -30, -33 through -36, -38 and a portion RES 47146 NCS' of 19- 070 -11 from County A, Agricultural and .0 2P, Retail Business District with parking, to an R -1- 20,000 (single- family residential, 20,000 sq. ft. minimum lot size) District located in the Bodega Avenue /Paula Lane vicinity was approved by 7 affir- mative votes. Agenda Item 412 Resolution 47147 N.C.S. setting a.public hearing date SET PUBLIC HEARING (November 3, 1975) for the purpose of considering, the DATE-- BODEGA AVENUE adoption of a proposed amendment to Zoning Ordinance STUDY AREA No. 1072 N,.C.S reclassifying A.P. 460.6-1811=28, -34, - (NOVEMBER 3,, 1975) 35, 6- 221 -06, and ;portions :of 6-2 -01 through -05, RES-#7147 NCS 470 -02;, -03, -09, -10, 6- 480 -01 through -10., from R -1- 6,500 (single - family residential, 6,5'00 sq. ft. mini- mum lot size) to an R -1- 40,000 (single- family'residen- tial, 40,000 sq. ft. minimum lot size) District, and A.P. '466- 543 -15 and 6- 543 -16 from and R- 1- 10,000 (single- family residential, 10,000 sq. ft. minimum lot size),, to an R- 1- 40,000. (single - family residential, 40,000 sq. ft. minimum lot size) District, all located in the Bodega Avenue /Paula Lane vicinity was adopted by 7 aff- irmative votes. Agenda Item 4613 Resolution.4F'7'148 N.C.S. setting a public hearing date SET PUBLIC HEARING for the purpoIs.e of considering the adoption of a DATE -- BODEGA AVENUE proposed amendment to Zoning Ordinance.No. 1072 N.C.S. STUDY AREA reclassifying A.P. X6067441 - -02, -03, -04„ -06, -26, - , (NOVEMBER 3, 1975) 30, -3S,_-36, -37, and portions of A.P. ;4606- 221 -01, - RES 467148 NCS 03, -04.,• -05, 6- ,4.70 -02, -03, -09, -10, 6= 480 =01 through -10 from an..R-1- ',6,500 (single- family resden- tial., 6,500 sq. ft. minimum lot size) to an R- 1- 20,00.0 (single - family residential, 20,000 sq. 'ft. minimum lot size) District, located in the Bodega Avenue /Paula Lane vicinity was adopted by 7 affirmative votes. Agenda Item 4614 Resolution 467149 N.C.S.. calling for bids and approving \, CALL FOR-BIDS specif- ications for purchase of vehicles for the Fire V TWO VEHICLES -- Department was approved 7 affirmative votes. FIRE DEPARTMENT RES 467149 NCS C1 DREDGING - -SANTA FE Letter dated September 23, 1975, public notice #10575 - - POMEROY, INC.- 39, from the Department of the Army, Corps of Engineers, USE OF SPOILS SITE San Francisco, noted and filed. City Manager Robert Meyer advised th& Council the letter was for information only, that a previous exchange arrangement had been made between Santa Fe Pomeroy and'the City of Petaluma for the.City's use of Santa Fe Pomeroy's ponding area and the disposition of spoils on City spoils area :from tl-iis_.dred project which will clear the McNear Canal. ,a October 6, 1975 LETTER- -JOHN SANCHEZ A letter dated September 26, 1975, to the City Coun- RE DOGS cil, was read by the City Clerk and ordered filed. Mr. Sanchez was ,present in the audience and spoke to the City Council stating he had endeavored to comply with the City Attorney's letter -of September 4, 1975, to reduce his dog population from 24 to the 3 required in the Zoning Ordinance. At.t e present time, Mr. Sanchez still has 8 dogs and is encountering difficulty in placing 5'additional dogs in homes, because they will not adjust to a different environment. He is requesting the Council to grant a variance to•the Zoning Ordinance to'permit him to keep the $'remaining dogs in this R -1 residential district. The City Attorney reviewed the - conversations he had had with;Mr. Sanchez previously, and also reminded the Council. Mr. Sanchez had 120 days from the date of the letter, September 4, 1975', 'to reduce his dog - population to the 3 required in the Zoning. Ordinance. The'City Attorney furthet- stated there are provisions which permit variances in the -Zoning Ordinance, but not for the type of problem Mr. Sanchez has encountered. Mr. Hudson further stated Mr. Sanchez is asking to.maintain a kennel in an R -1 district, which is not permitted in the Zoning Ordinance. Councilman Brunner then suggested the staff and City Council should make a concerted effort to prepare and introduce an animal control ordinance to handle such matters, rather than having them controlled by the Zoning Ordi- nance. City Attorney Matthew Hudson advised the City Council he has been working for some time with Lieutenant Karl Kohl of the Police Department in drafting an animal control ordinance patterned after the County's ordinance. He explained the ordinance is very extensive and very detailed and it is quite long, and in reviewing the County's ordinance, the whole approach would be to endeavor to adapt portions of the County's ordinance to a City ordi- nance. City Manager Robert Meyer asked the Council to forward to his office or to the City Attorney, any suggestions for regulations to be included in the ordinance. Mayor ,Putnam also requested, in addition to comments from the City Council, that the general community be asked to contact the City Attor- ney with any suggestions they may have for inclusion in the ordinance. Mr. Sanchez addressed the City Council stating he had appeared before the City Council on February 5, 1975; and, after that time, his picture had appeared_in'the paper with his dogs. He felt the City was making an example of him because he had so many animals; however, Councilman Mattei reminded Mr. Sanchez the Council did not take any action until they had received a complaint from the citizen who had been attacked by Mr. Sanchez's dogs. Mrs. Helen Momohara also addressed the Council supporting Mr..Sanchez and asking that he be permitted to keep the remaining.animals. Mr. Fred Lamke then addressed the Council urging them to adopt an animal control ordinance with kennel law provisions in order to preserve the quality of life in the community. In addition to Mr. Lamke, his daughter -in -law, Mrs. Linda Lamke, addressed the Council stating the City should have some type of kennel laws.' At the conclusion of the.discussion, and with the concensus of the City Council,. it was agreed' the animal control ordinance would be drafted with input from both City Council members, and the general public, and reviewed at study sessions before introduction of the ordinance. 65 �z AUTHORIZE GRADING-- Resolution 47150 N.C.S. authorizing grading of West- WESTRIDGE SUBDIVISION `ridge Subdivision Unit 2, and authorizing Mayor to /_ I UNIT 2 sign the agreement therefor, was introduced by V / RES 47150 NCS Councilman Mattei, seconded by Councilman Perry, and approved by 5 affirmative, 2 negative votes; Coun- cilmen Harberson and Hilligoss voted "no ". Mr. Jacob Lehrer, representing Debra Homes, spoke to the City they are requesting permission to proceed with the rough grading work on Westridge Subdivision Unit�2 in order to get an early start on construction for next'Summer. The plans f'or the.subd- ivision have been submitted to the a' October 6, 1975 AUTHORIZE GRADING-- City Engineer, but have not yet been approved. Mr. WESTRIDGE SUBDIVISION Lehrer stated their company would take full•respon- UNIT 2 sibility and would be willing to post a cash bond in RES #7150.NCS any amount, stipulated by the City of Petaluma, in (Continued) order to insure against any and all liabilities. He further stated the firm of Arthur 'B,. Siri located in Santa Rosa, would do the rough grading and had given an estimate of the amount of money which would be necessary to°r.estore the area to its original state should any problems arise. Mayor Putnam asked City Engineer David Young's advice on the matter. Mr. Young stated the firm could not have a Subdivision Agreement signed before the plans are complete. The Subdivision Ordinance does_not provide any mechanism for a developer.to proceed with a partial set of plans. Mr. Young further stated he'did not have any objection to the proposal if Debra Homes would be willing to accept. the fact that some , changes might be necessary in the final plans, and after the rough grading has been completed, some changes may be necessary, which they would have to accomplish. Mr. Lehr.er stated he was aware of all the ramifications and the stipulations made by the City Engineer, and they would be willing to deposit funds with the City and surround the construction with a binding contract. City Attorney Matthew Hudson advised the Council he had spoken with Mr. Lehrer and their attorneys, Laf.ran:chi and Bettinelli, regarding the matter and cited 2 sections of the Subdivision Ordinance; (1) "No_ permanent im- provements shall'be commenced until improvement plans and profiles have been approved by the City Engineer; and, (2) "and a subdivision contract and agreement .has been concluded between the subdivider and the City ". Mr. Hudson stated the key to the issue is the .interpretation .of. "permanent improvements "; and, he further stated the Subdivision Ordinance does.not clearly- define permanent improvements. Mr. Hudson stated he was not con - cerned so much with being able to work a satisfactory agreement which would protect the City; however, he did have some concern over the precedent- setting nature of the request,, should it be. granted by the City Council. In'the ensuing discussion, Mr. Lehrer stated their firm would be willing to assume.full responsibility for the project and would comply with any addi- tional.r,equests at their own expense., should they be needed after the final approval of the plans for Westrdge Unit 2. The terms of the agreement were discussed by the City Council and'what should be included in the agreement. Mr. Art.Lafranchi was present in the Council chambers to speak on behalf of Debra Homes stating they would post.a cash deposit with the City in the amount of $33,000 if the Council felt the amount was adequate: The Council felt the City Manager should make the determination of the amount of the cash bond to be included in the agreement. Mr. Lehrer advised the Council he would post the bond with the City the following day if the Council approved his request.. At.the conclusion of the discussion,-the City Attorney was requested to prepare a resolution specifying the terms under which the Council would approve the rough grading of.the subdivision, and authorizing the Mayor . to sign the agreement. The City Attorney was also requested to. work with the attorneys.for Debra Homes in the preparation of the agreement. Upon conclusion of the discussion, the above resolution was adopted'. REZONING WASHINGTON & Planning Director Dennis Boehlje.reviewed the site to KELLER STREETS be rezoned from residential garden apartment to (SIERRA NAV L BANK) central commercial.,.stating it was :located on Keller J / ORD #1191 NCS Street., approximately 102 feet north of the inter - (SECOND READING) sec ton�of' Washington and Keller_: Streets, and was comprised of a little more than .15. acre. The re- zoning request is to provide additional area for the proposed Sierra National Bank's new facility, which will face on Washington Street. Councilman Cavanagh questioned the status of the alley abandonment to Wash -' ington Street. Both Mr. B'oehlje. and Community Development. and Services Coordinator. Frank Gray, reviewed the present status of the alley. Mr,..Gray stated the City has a deed to the alley;.however, until all of the utilities are relocated, .either to Washington Street or through the new location of the alley to Liberty Street, the alley will not, be officially abandoned. City Engineer David. Young advised the Council his office has-,received the plans October 6, 1975 6 REZONING WASHINGTON & for the relocation of the utilities and the street KELLER STREETS plans, and his office is in the process of checking.the (SIERRA NAT'L plans. ORD #1191 NCS' (SECOND READSING) Mayor Putnam.then opened the Public Hearing. No writ - (Continued) ten comments had been received by the City Clerk. , Mr. Fred Schram,-who resides directly across the street from the proposed rezoning, was in the audience and asked some questions regarding entries and exits for the new bank facility. He further expressed some concern.if this commercial use was permitted, would further commercial zoning encroach on Keller Street into the residential area. In answer to Mr. Sch-ram's first question, Mr. Boehlje stated the access would be off Keller Street. The exit on Washington Street would be for a "right turn only there would be no entrance on Washington Street; however, there would be ingress egress through the relocated Hill Opera Alley on Liberty Street. In responding to Mr. Schram's question regarding further commercial encroach- ment on Keller Street, Mr. Boehlje stated the plans show commercial development being permitted one lot depth from Washington Street. -Mr. Schram indicated he was not opposed to the project, but in fact asked that it be made a matter of record he was in favor of development of the corner. Some discussion was then held on the easement which would permit access and exit on Liberty Street. Mr. Gray indicated rather than a clear title deed, it was a grant of easement 12 feet wide for relocation of utilities and right -of- way purposes; however, the bank has further provided enough land -in their plans in order for the total width to be 26 feet. Mayor Putnam then closed the Public Hearing,.and Ordinance #1191 N.C.S., introduced by Councilman Jack W. Cavanagh, Jr., seconded by Councilman M. Patricia Hilligoss, amending Zoning Ordinance #1072 N.C.S. by reclassifying a portion of A.P. #6- 274 -23 from R -M -G, Garden Apartment Residence District to C -C, Central Commercial District, consis- ting-.of.0..153 acre, located.101.9 feet north of the intersection of Washington and Keller Streets was adopted by 7 affirmative votes. (Effective date November 5, 1975.) CLAIMS AND BILLS Resolution #7151 N.C.S. approving'claims and bills RES #7151 NCS 45'621. to #5803, inclusive, General City.Funds, and #3067 to 43091, inclusive, Water Department Funds, approved -for payment by the City Manager, was intro- duced by Councilman Perry, seconded by Councilman Cavanagh, and approved by 7 affirmative votes. 1975 . YOUTH EMPLOYMENT City Manager Robert Meyer advised the City Council the PROGRAM Personnel Officer had received a letter of the Employment Development Department for thanks from the City's �/�� i participation in the 1975 Youth Employment Program. There had been 365 students for summer- employment; 91 were hired, and 86 of these live within the City limits of Petaluma. This is a program for which the Council had previously approved an expenditure of $481. The letter and the copy of the report for the Summer Program is on file with the City Clerk. GROUND UTILITY TTEE RE EAST RES 47152 -NCS AND RES 47153 NCS , Councilman Cavanagh reported the Underground-Utility Committee had met with representatives from the local utility companies, City staff, and himself as the Council's representative. There were 5 or 6 projects which could have been considered by the Committee; however, they felt with the advent of the widening of Ea t Wa ] ton tre t th c ntinuati u o under - grounding utilities on East Wastiii.ngton Street should be given first priority. It.was the unanimous decision to recommend this undergrounding project in lieu of others to the City Council. The project is anticipated to begin in approxi- mately 1 year. City Engineer David.Young explained to the Council how funds and from what sources, monies could become available for the..project: He explained the PUC Rule 20.sets aside certain funds for undergrounding utilities.. The Pacific. Gas and Electric Company holds.these funds until the Council approves the project. 6 " October 6, 1975 UNDERGROUND UTILITY Mr. Young further stated there could be a possibility COMMITTEE RE EAST if the City would petition the Board of Supervisors for WASHINGTON STREET an advance of County Rule .20 funds, a grand total of RES #11-52-NCS AND $404,000 would be'ava Table. The breakdown of the RES #7153 NCS $404, includes $93,500 of City funds through 1975, (Continued) and $46,700 each year thereafter. If the Sonoma County Board of Supervisors would approve the advancement of County Rule 20 funds through 1982, these funds could amount to $123,543. The breakdown of. the County's figures.are contained in a letter from Don Head, dated May.5, 1975, which is on file with'the City Clerk. Mr. Young further stated P.G. &E - . estimates the construction cost'to be $4 and advis'ed P.G. &E. is willing 'to fund, monies in Mr. Young then stated he felt the City had sufficient funds to accomplish the East Washington Street Undergrounding Project. Upon conclusion of the discussion, Resolution #7152 N.C.S. directing the City staff to commence procedures for an underground utility district was introduced by Councilman Hilligoss, secondedby Councilman Perry, and approved by 7 affir- mative votes. In addition, Res'olution #7153 N.C.S. requesting matching, funds for underground utility district from the Sonoma County Board of Supervisors was introduced by Councilman Hilligoss, seconded by Councilman Perry, and approved by 7 affirmative votes. VOTING.DELEGATE' � N LTERNATE VOTING / DELEGATE LEAGUE CONFERENCE RES 47154 NCS Resolution 47154 N.C.S. appointing Mayor Helen Putnam as 'Voting Representative of the City Council of the . City of . Petaluma and appointing Vice -Mayor Fred V. Mattei as Voting Representative in the absence of Mayor Helen Putnam at the League of California Cities Annual Conference in San Francisco, October 1`9 -22, 1975, was introduced by Councilman Harberson, seconded by Council- man Cavanagh, and approved by 7 affirmative votes. APPEAL -- OUTSIDE Community Development and Services Coordinator Frank WATER CONNECTION Gray described the area and outlined it for the City LLOYD WEDAN Council on the wall map. He briefly reviewed the 2991 "I" STREET history of. the water service presently providing water RES 47155 NCS to the parcel. Mr. Gray stated some time in the past, a water service was issued to the former owner of the Robert Mackey property and subsequently, a water line was connected from this service to the property in question. The applicant is requesting an extension of water service Line for approximately `1,500 feet to his property. Mr. Gray explained, such an extension would violate the City's policy in 2 respects; (1) the service is more than 500 feet from the nearest water main, and (2') there are more than 3 dwellings on the parcel of land to be served, and the City's ordinance states no more than 2 are to be served. The Planning Department reviewed the application and recommended denial, hence the appeal to the City Council by Mr. Wedan. Mr. Robert Mackey spoke on behalf of Mr. Wedan. He stated the history of the service.to the subject property is a difficult one to describe. This particular service has been hooked up in excess of 10 years, and prior to Mr-. Mackey's purchasing the property. He feels the request by Mr. Wedan is a. reasonable one as it would not increase the amount of water usage, but would improve the service to the property and the City would enjoy additional revenue from the separate meters which would need to be placed. Mr. Mackey advised the Council the County of Sonoma has given Mr. Wedan permission to encroach on "'I" Street in order place the water line to his, property. The only remaining obstacle is for permission from the City for an outside water connection. In answer to Councilman Perry's questions whether a 3" water line would be adequate for this area, City Engineer David Young advised.the it would be adequate to . provide drinking water., but there would be no guarantee of the adequacy firefighting purposes In the following discussion, it was pointed out that 1 house, 1 cabin, and 1 trailer are now located on the approximate 4.6 acre parcel, City Engineer David Young also pointed out the pressure system provided by the City could only serve up to 180 feet elevation, and beyond that -point booster pumps would be necessary. Mr. Wedan advised Council he felt the property was approxi- mately 160 to 165 feet in elevation. October 6, 1975 APPEAL-- OUTSIDE In answer to Councilman Harberson's question whether or WATER CONNECTION not there were plans to subdivide further on this land, LLOYD WEDAN, Mr. Mackey stated there are no plans and he did not 2991 "I" STREET think it would be possible to further subdivide the RES 47155 NCS area. (Continued) Upon,conclusion of the discussion, Resolution 47155 N.C.S. regarding appeal of Lloyd Wedan from denial of request for outside water connection, was introduced by Councilman Cavanagh, seconded by Councilman-Perry, and approved by 7 affirmative votes. Letter dated September 25, 1975, . from Mr..Robert W. Mackey regarding the appeal, the City Engineer's report dated September 15, 1975, a memo dated September 24, 1975, from Planning Director Dennis Boehlje regarding the subject property, and the Planning Department's recommendation for denial are on file with the City Clerk. APPEAL -- OUTSIDE WATER Community Development and Services Coordinator Frank APPLICATION Gray outlined the area in question stating Suncrest RICHARU COOPER, 116- Hill Drive was a small private road connecting with 118 SUN.CREST HILL DR. Sunnyslope Road. There are 16 lots in the subdivision. RES 447156 NCS AND The Planning Department denied the request for outside RES 47157 NCS water connection on the basis,of the area being further than.500 feet from the water main. Mr. Gray further APPEAL -- OUTSIDE WATER explained that one of the houses is completed and ready CONNECTION, SAN for occupancy and another is in the process of being CUTREFELLI /RICHARD constructed. The middle lot, or 116 Suncrest Hill COOPER 114-SUNCREST Drive, has not as yet had any construction on it; HILL DR. however, the owner is desirous of constructing a home RES 47158 NCS on this parcel. The area is served by a sewer assess - ment.district, and Mr. Gray stated several of the homes on the private road are served by City water judging from the number,of water meters in the area. Mr. Gray .stated there are 2 disturbing factors about the problem; one is the fact that the County has permitted a house to�be built without the proper approval from the City of Petaluma, and the second is the City will eventually inherit these types of developments through annexation. Mr. Richard Cooper then spoke to the City Council stating the 3 lots in question are the only remaining.lots.and he did not feel there would be.further extension or development in the area. He also advised the Council when the cooperative sewer assessment district was formed, he paid $10,000 to extend the sewer to.the,balance of the property, even. though it was, at the time, undeveloped. He also provided individual water lines to the properties, which included a booster pumping station. Of the lots in question, building is either completed or started on #1 and #3, and the center lot, or 116 Suncrest Hill Drive is vacant. In answer.to Councilman Harberson's question as to when he became aware.of the City's policy not to extend beyond 500 feet, Mr_ Cooper.stated about l week ago. Mr. Cooper further stated.the building of one of the houses has been in progress for about :1 -1/2 years.. He further stated manholes have been set at each of the properties, and the ultimate agreement on the sewer was made with the County. Councilman Harberson expressed some concern about committing outside water connections when the weekly reports received by the Council during the summer months indicated the City was drawing more than their enti- tlement from the aqueduct. Discussion followed and Councilman Mattei suggested a letter.be sent to the County reminding them of the City's policy and demanding they pay closer attention to issuing building permits for areas outside the City limits which require .City services. The discussion then lead to the width of the street servicing the area. The road, as it is presently constructed, would be a one =way road;'however, Mr. Cooper did advise the Council there are plans to improve the road and widen it..- City Manager Robert Meyer advised Mr. Cooper that under mutual aid, there would.be no way the City .could service the area in the event it would be necessary to send a fire truck that road. Counci- lman.Harberson indicated.he felt the Council should take action to deny the outside water connection,for Lot #2 (116,Suncrest Hill Drive) on.which building had not begun; however, sin.ce.!bo.th 116 and 118 Suncrest Hill Dirve were listed together on the Agenda, a motion was needed to separate the 2 70 October 6, 1975 APPEAL -:- OUTSIDE WATER parcel's for Council's:consideratiori. A motion was APPLICATION then made by Councilman Brunner, seconded .by Council -:._ ..:. RICHARD COOPER, - 116 - man Perry; permitting.the Council to vote separately 118 SUNCREST HILL DR. on whether or not outside water connections should be RES #7156 NCS AND granted to 116 and 118 Suncrest Hill Drive. Motion, RES #7157 NCS carried unanimously. The Council then considered the (Continued) following legislation. Resolution #7156 N.C..S..re- garding-appeal of Richard Cooper from denial of request APPEAL -- OUTSIDE °WATER for outside water connection (116 Suncrest Hill Drive) CONNECTION;, SAN was introduced by Councilman Harberson, seconded by CUTREFELLI' /RICHARD Councilman Hilligoss=, and approved by 4. affirmative,, COOPER SUNCREST and 3 negative votes.. Councilmen Harberson; Hilli- HILL DRIVE goss, and Mayor Putnam voted "no ": RES X67158 NCS (Continued) Resolution X67157 N.C.S. regarding appeal of Richard. Cooper from denial of request for outside water con- nection (118' Suncrest Hill Drive) was introduced by Councilman Harberson, seconded by Councilman Hilligoss, and approved by 7 affirmative votes: Resolution X67.158 N.C.S. regarding appeal of San Cutref'elli./ Richard Cooper. from denial of .request for outside water connection (114 Suncrest Hil'1'Drive) was introduced by Councilman Harberson, seconded by Councilman-Hlligoss',.and approved.by 7 a.ff irmative votes._ OUTSIDE SEWER- Community.Development and Services Coord- inator Frank �} CONNECTIONS TOMASINI. Gray outlined the..subjrect area on the wall map. Mr.. / PROPERTY, "I'' STREET Gray - advised the Council applicant had taken AND GRANT'AVENUE the proper applications and the Planning Conitis,sion RES X67159 NCS had previously reviewed the application. He f.iirther stated when Westridge Subdivision Unit 1 was being constructed, the.subject property .owner granted right -of -way for 'the con - struction.of the sanitary .sewer extension to serve the Westridge.Su'bdivision. In addition, the City previously_ had required the dedication.of land for - roadway easements.. Upon.conclusion of' discussion., Resolution X67.159 N.C.S. granting-the-appli- cation of George: Tomasini to connect residential outside sewers: at premises located at. "I" Street and Grant' Avenue (A.R. #19 .193 31) introduced by Councilman Brunner, seconded by.,Councilman.Cavanagh, and approved by 7 affir- mative votes-. PROTEST-- NILLIAMSON Planning Director. Dennis Boehlje reviewed the.provi -. � ACT CONTRACT- ,'.,LLANDS� .:,sions of the Williamson Act. He stated the purpose of / RES 7160 NCS the act StoPrestrict property of / o ' 0 agricultural at this time. In order to the 11 contract, Mr. Cader must agree to.bind:his property to �// agricultural use for a minimum of 10 Williamson Act also.is renewable g � years... The Willia annually to restrict this use for 10 years. Mr. Boehlje , stated City is . being'asked to comment whether.or not this is. in conflict with the General Plan: The General.Plan shows urban.residential density .development in this area, and the agricultural designation would not be in conformance with the . General Plan. Mr. Boehlje stated the basic purpose of the act is to eliminate some of the conflicts which can occur where cities.are faced with. growing urban areas that are infringing' upon agricultural uses. H& further stated if Mr. Cader were not to sign a contract,, there would be a possibility, that development pressures would come to this property, and Mr. Cader °would be forced to sell off portions of the land or cease the operation entirely, per - haps prematurely. Mr. Boehlje. -felt. if the'property were sold o_ff in pieces, it would.limit'the.City's control of. the type of ,development preferred by the City for the area. If .the City does not protest the contract and the area is annexed to the City, there is a possibility of urban density surrounding the property, which is in conflict with the actual use of. the property. The use of the property then would become an objectionable factor to the,people in the urban density areas. Mr. Boehlje stated it is the recommendation of the Planning Department that the applicant sign the contract'and` the City :protest it. This action would give the applicant a tax break for a period of _time; however, if the City decided .to annex property, then the applicant could withdraw from the contract without penalty. Mr. Cader was'present in the audience and urged the City to take the action recommended by Mr. Boehlje. October 6., 1975 • PROTEST-- WILLIAMSON Upon conclusion of the discussion, Resolution #7160 N.C.S. ACT CONTRACT, LANDS protesting execution of Williamson.Act contract for OF CARER A.P. #113- 120 =05, 136- 120 -22, and 136- 120 -23 (Lands of RES #7160 NCS. Cader), was introduced by Councilman Brunner, seconded (Continued) by Councilman Hil_ligoss, and approved by-7 affirmative votes. BODEGA AVENUE STUDY Ordinance W1182 N.C.S. amending Zoning Ordinance X61072 AREA N.C.S., by reclassifying A.P. X66- 441 - 02, 6 - 441 - 03, 6- ORD X61182 NCS 441 -04, 6- 441 -06, 6- 441 -26, 6- 441 -30, 6- 441 -35, 6-441 - ORD X61183 NCS 36, and 6- 441 -37 from R -1 -6,500 (single- family residen- ORD X61184 NCS tial, 6,500 sq. ft. minimum-lot size) District'to R -1- (SECOND READING) 20,000 (single- family residential, 20,000 sq. ft. WITHDRAWN minimum lot size) District, consisting of approxi- mately 11 acres, bounded by Bodega Avenue, Bantam Way, and North Webster Street, which had been introduced by Councilman Brunner, and seconded by Councilman Harberson July 21, 1975, was withdrawn with their consent. Ordinance 661183 N.C.S. amending Zoning Ordinance X61072 N.C.S. by reclassifying A P` �66t181 =28, 6= 181 -34, 6- 181 -35, 6- 221 -01, 6- 221 -02, 6= 221 -03, 6- 221 -04, 6- 221-05, 6- 221 -06, 6- 470 -02, 6- 470 -03, 6- 470 -09, 6- 470 -10, 6- 480 -01, 6- 480 -02, 6- 480 -03, 6- 480 -04, 6- 480 -05, 6- 480 -06, 6- 480 -07, 6- 480 -08, 6- 480 -09, 6 -480- 10, 6- 543 -05, 6- 543 -06, 6- 543 -14, 6- 543 -15, and 6- 543 -16 from a R -1 -6,500 (single - family residential,, 6,500 sq. ft. minimum -lot size) District and a R- 1- 10,000 (single- family residential, 10,000 sq. ft. minimum lot size) District to a R -1740,000 (single - family residential, 40,000 sq. ft.. minimum lot size) District consisting of ; approximately 52 acres bounded by Paula Lane, Bodega Avenue and West Street, which had been introduced by Councilman Harberson, and seconded by Perry July 21, 1975, was withdrawn with their consent. Ordinance #1184 N.C.S. amending Zoning Ordinance X61072 N.C.S. by prezoning and reclassifying A.P. X619 070 -01, -19- 070 -02, 19- 070 -03, 19- 070 -04, 19- 070 -05, 19- 070-06, 19- 070 -08, 19- 070 -09, 19- 070 -10, 19- 070 -11, 19- 070 -30, 19- 070 -33, 19- 070-34; 19- 070 -35, 19- 070 -36', and 19- 070 -38 from County A, Agricultural District and C2P, Retail Business District with Parking, to R- 1- 40,000 (single - family residential, 40,000 sq. ft. minimum lot size) District, consisting of approximate 17 acres bounded by Paula Lane, Bodega Avenue and West Street. which had'been introduced by Councilman Brunner, and seconded by Councilman Perry, 21, 1975, was withdrawn with their consent. REGULATE SMOKING-- Ordinance X61193 N.C.S. to add Chapter 8.2 to Title 8 of AMEND CODE the Petaluma Municipal Code regulating smoking in certain ORD 661193; NCS public places, which had been introduced by Councilman (SECOND READING) Perry, seconded by Councilman Harberson, and ordered WITHDRAWN published the 15th day of September, 1975, was withdrawn REGULATE SMOKING -- with their consent. d1 AMEND CODE After some discussion by the City Council, it was deter - INTRODUCE mined to limit the scope of the ordinance to the regu- ORD X61194 NCS lation of smoking in the.City Council Chambers and in certain areas of the City Hall when public meetings are being held._ Upon conclusion of the discussion, Ordinance X61194 N.C.S. to add Chapter 8.20 to Title 8 of the.Petaluma Municipal Code regu- lating smoking in certain places, was introduced by Councilman Perry, seconded Councilman Harberson, and approved by 5-affirmative and 2 negative votes. Council- men Brunner and Cavanagh voted "no ". The ordinance was ordered published. ACCEPT COMPLETION-- At the request of Young America Homes, Inc., and by a� GREENBRIAR motion of Councilman Harberson, which was seconded by SUBDIVISION UNIT 2, Councilman Perry, and approved by 7 affirmative votes, PHASE 2 this item was added to the agenda. Letter dated October RES X67161 NCS 6, 1975, from the City Engineer recommending the accep- tance of the public improvements is on file with the City Clerk. Resolution X67161 N.C.S. accepting completion of work required in Greenbriar Unit 2, Phase 2 Subdivision was introduced by Councilman Harberson, seconded by Coun- cilman Perry, and approved by 1 affirmative votes. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 11:10 p.m. Mayor Attest: City Clerk