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HomeMy WebLinkAboutCity Council Minutes 01/05/1976127 MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA JANUARY 1976 COUNCIL MEETING A special meeting of the City Council of the City of Petaluma was called to order by Mayor Helen Putnam at the hour of 4:05 p.m. ATTENDANCE Present: Councilmen Brunner, Cavanagh, Hilligoss, Mattei, and Mayor Putnam. Absent: Councilman Harberson and Perry. NOTICE OF CALL Notice of call for special meeting dated. January 2, 1976, certificate of the.City Clerk of the delivery of said notice, and consent of City Council for holding said meeting, submitted and filed. PURPOSE OF MEETING The meeting was called to consider the following: ABC Application, Cattlemen's Restaurant; approval of release of bond, Mountain View Estates Subdivision; accepting public improvements on 100 -104 -108 High Street parcel map, Parcel Map No. 64, Lot 1, and Parcel Map No. 64, Lot 2; resolution setting City Attorney's salary; resolution declaring certain City properties surplus and authorizing the sale of same; and the appointment of members to the 1976 Community'Development Advisory Committee. In addition, the following results of bid openings: Replacement of Well Water Collection Tanks for Stations 1 and 9; Liquid Sulfur Dioxide Contract; and, Lease of the Lafferty Ranch. Other items to be considered include the status of preparation of architectural plans and specifications for the Public Safety Building, and the issuance of a taxi certificate to Margaret and William Flud. MAYOR'S MESSAGE Mayor Putnam advised the audience she had prepared a "State of the City" message to be delivered during the first meeting of the Council in the new year; however, when she learned the Council meeting would not only be in the afternoon, but would continue in the evening, she preferred to defer her message until the meeting of January 19, 1976. She did comment, however, on the fact the year 1976 is the Bicentennial_ Year of our Nation, and that 200 years ago, a very small sgroup of people on the Eastern seaboard, confronted with a vast, wilderness, gained their independence and established a constitution for the Country which was to govern them then. She further stated the document has survived the 200 years, is a well put together document which still governs the country even though it is subject to a great deal of interpretation, and is still the document by which the Country abides. Mayor Putnam then recited the Preamble to the Constitution of the United States, stating the Preamble as written 200 years ago and the goals set by it are still the concerns of the Country. PLEDGE OF ALLEGIANCE Mayor Putnam then asked the audience to join with her iri pledging allegiance to the flag. APPROVAL OF MINUTES. The minutes of the meeting.of December 15, 1975, were approved as corrected. Councilman Brunner asked the time of adjournment be changed from 12:15 p.m. to 12:15 a.m., December 161, 1975. Correction noted. 128 January 5, 1976 CONSENT CALENDAR A motion was made by Councilman Brunner, sec6hded by Councilman Cavanagh, approving the f'ilin'g'..of. the' �. ABC application; Agenda Item• #1, and appr'ov fig - 'the resolutions; Agenda Items - #2 through #8,- on the Calendar. Motion carried unanimously. Agenda Item #1 ABC application for Cattlemen's Restaurant on sale, CATTLEMEN'S Twin Fa eating place;; person -to- person transfer from ABC APPLICATION--- :generallls Feeding Company to Peter C. G1l1-ham7;.Sr., RESTAURANT et al,'was ordered filed. Agenda Item #2 Resolut on.#7246 N.C..S, accepting completion ofwwQrk• RELEASE. BONDS -- required in Mountain View Subdivision was adopted MT. VIEW ESTATES by 5 affirmative and 2 absentee votes. Y RES #7246 NCS Agenda. Item #3 Resolution #7247 N.C,. S.. accepting completion-of .public - ACCEPT 'COMPLETION improvements- 100 to 108 H gh Street., Petaluma HIGH STREET PARCEL Kenneth G, and Helen.L. Johnson was adopted by 5 MAP affirmative and 2 absentee voi es.. RES47247 NCS I Agenda. Item #4 Resolution #.7248 N_C..S. accepting completion of. ; public ACCEPT PUBLIC' improvements - Parcel Map #64, Lot 1 - Malcolm- - 0 {� IMPROVEMENTS-- Susan G�. Burnett - Amber Way was adopted by affirmative 1 PARCEL MAP #64 and 2 absentee votes. (BURNETT- -AMBER WAY) RES X67248 NCS Agenda Item X65 Resolution 66724.9 N.C.S. accepting completion pub is ACE'PT PUBLIC .improvements - Parcel Map #64 Lot 2 - Roy''R'', and- IMPROVEMENTS-:-- Alice Curtis - Amber Way, was adopted•by 5.aff.irmative 1 PARCELMAP 464 and 2 absentee votes. (CURTI•S -AMBER WAY) RES x{7249 NCS Agenda Item X66 Resolution. #72 =50 N.C,.S.. setting salary for` position - CITY ATTORNEY'S of City Attorney was adopted by 5 affirmative and SALARY 2 absentee votes RES X67250 NCS Agenda. Item `#7 . Resolution X67251 .N.C. S. finding personal property ,\ DECLARE CERTAIN herein named is surplus surplus no longer required, and PROPERTIES directing the City Manager to dispose of and sell RE S1 X67251 'NCS the 'same, was adopted by 5 affi- rmat-ive and 2 absentee votes. Agenda Item_ #68 Resolut on #7252 N.C.S. establishing a Community ESTABLISH COMMUNITY Development Advisory. Comm tee .and appoin DEVELOPMENT A.. Maser•, Mary ,Issak, Roger Giese, Carolyn Geiger, ADVISORY COMMITTEE Jane Jewett, 'and James J. Gross•i,, . to said Community- - RES X6.7`252 NCS `Development Advisory Committee was a;dopte'd by ",,5. affir -m= atve.and 2- absentee votes. - AWARD B'ID- -WELL Resolution 467253 N.C.S. awarding the contract for O\ p WATER COLLECTION re ' lacement of well water collection tanks for •Stations TANKS 1 and 91, to Pacific Wood - Tank D vision, Sauer&.Forest RES 467253 NCS Products =., Healdsburg, California; in- amount $16,1501; was intro,duced.by Council "man Hilhigoss, . seconded by Councilman Matteis, and approved by 5 affirmative, and 2 absentee vot•eL. The bid received from Pacific Wood Tank. Division was. the only one of two bids;received•which conformed to the', specifications. The.o;ther bid in the amount of °$18,785. submitted by,Nation4_1 Tank and'Pipe : Company was not accompani'ed.by a.bid bond. "The Eng neer's :Estimate,for the 1 project for th'e tanks gply was 1 $18,300. Additional, costs for 'installations and work by City force's is estimated to be '$12,5'00. January 5..., 1976 AWARD CONTRACT-- Resolution #72.54 N.C.S. awarding contract for the n n LIQUID: SULFUR purchase of liquid„sulfur dioxide to Georgia Pacific DIOXIDE,'PURCHASES Company ,Richmond.,, California., in the amount of $13,$64,8 , RES #7254 NCS was' introduced.,�by,Councilman Brunner, seconded by Councilman Cavanagh,; and approved by 5 affirmative and 2' absentee votes. Purchasing, Office C. D. Huffman advised the Council three bids had been received and Georgia. - Pacific was-the lowest .responsib'le bidder. Other bids were from Jones Chemical in the amount of $16,.536, and from Snowden Enterprises in. the amount of $14;946. REJECT '•BTD -= LEASE OF One proposal had received.for the one -year lease LAFFERTY RANCH for the Lafferty Ranch from Dr. Alfred Sonoma Mountain Road. Dr. Bettman agreed to pay $1,800 1 r for a one -year pasture lease, but stated if he could // J negotiate -tea longer term lease, he would be willing to pay a higher cash rent and improve the'property,by investing in water trough development, better.• fence repair, seeding and fertilization. City Manager Robert Meyer recommended that the City Council defer awarding the bid on the Lafferty Ranch and advertise the lease for a 5 -year period which would contain a cancellation clause Mr. Meyer further stated it was, his recommendation not to use t.he property for purposes other than the agri- cultural lease which has been.historical, because the Russian River- Cotati Intertie project would not be completed until 1977. It could be,possib with the shortage of water, the loss of the property and the wa- tershed to other°uses'could have a harmful effect upon the - citizens. Councilman Cavanagh asked whether or not it would be'poss ble to negotiate on the bid presented to the-. City Council, The City. Attorney- advised the Council the. notice required a minimum bid -of $2,410 per- year, and the bid offered -by Dr. Bettman:did. not reach,that fgure,'there'fore -, the Councl.did not receive a conforming bid. Mr: Hudson did state it could be possible, in certain circumstances;,- to negotiate for a longer'term lease on the property. - The City-Clerk was requested to again advertise the notice to bidders, and have the matter brought back to the City Council at the January 19th meeting. A motion was then made by Councilman Hilligoss, seconded by Vice -Mayor Mattei, rejecting the b'ids'•on the Lafferty Ranch.. Motion carried unanimously.. CLAIMS AND.BILLS Re8olution - #725'5 N: approving claims and bills, RES 0 255.NCS' #6481 to #6647,, excluding #6639 and #6640, general city funds, • and #216. to 126`5, inclusive,. Water Depart, ment funds; approved for- payment by the City Manager, was introduced by Councilman Mattei, seconded by Councilman Brunner, and approved by 5 affirmative and 2 absentee votes;. ESTABLISH PROJECT City Manager Robert;Meyer'advised the Council)it . PLANNING COMMITTE -E appears now -that Congress is going to pass- a.Public n ti PUBLIC• - SAFETY Works Bill - which will be sent onto the President BUILDING for his signature He f eels- those cities ;which are RES 117•25'6 NCS prepared with'desgns and specifications for Public Works buildings will- have .an opportunity�to. receive- 'Part of -these funds fore construction.. He:.recommended to the City Council they take action - to hire an. •archi,tect• to` design .the public safety building, keeping n'the-mind the fact construction could begin under the provisions of the Congressional Bill sometime within the next 5 -year period. He also suggested any plans or designs prepared at this time should take into consideration--the fact they would not.• :become outdated. Police Chief Larry Higgins, by means of a viewfol., outlined the present area in the Civic Center occupied b.y,the Police Department buildings and . the present City Hall. Chief Higgins pointed out how'the building could be situated in the present parking lot, between the Council' Chambers and the Police Department, and the City Hall building. To utilize this 13 () January 5, 1976 ESTABLI howeveriaxmum of 7,325 sq. fa. would available; PLANNING I ,- the floor space would be reduced by partitioning PUBLIC SAFETY and thelvarious rooms to be included in.the building. BUILDING ;He alsolindicated it would be possible to have a RES. #7256 NCS multi- storied building, either one with a basement (Continued) and one level above that, or to build additional levels. i Chief Higgins further pointed out by losing the parking behind the Police Department, it would be necessary to provide additiona.'l,par.kng•.for 38 vehicles. In order to _ accomplish this, it would be necessary to purchase three parcels, one facing on Howard and Bassett Street, the parcel next to that facing on Howard Street, and the third parcel facing on Howard Street. He further- advised the City Council the driveway between the ; present Police Station and the temporary building now in use for administrative offices,. would have to be retained in order to have access to the original Police Department building where the jail area is located. .It is not anticipated to provide additional jail facilities it-the new building because of the cost factor involved. I Chief Higgins advised the Council that through a grant awarded to the City sometime ago, arrangements were made with-the National-Clearinghouse-for Criminal Justice Planning and Architecture to make a survey of the needs for the Petaluma Police Depar-tment:Safety Building. An..ar`chitect from Mr. Stephen R. Polson, visited Petaluma at that time and.spent one..and: one- half days reviewing what would be needed,. Upon his return to Chicago, Mr. Polson filed a report with Chief Higgins on the project which each Council member had received and is on file =with, the City Clerk. The report outlined several functions to be accomplished as the project moves forward,. Chief Higgins advised the City is now in-'a predesign.phase for 'the building, and the report suggests the establishment of a project planning. "team to clearly define the present and future law enforcement needs of the building,, taking various factions into - consideration, such as population grow'th,.annexations, increase in crime, etc. Mr. Higgins further stated` the Committee could also look at whether or not some other segment of public safety services could share the building. The committee would assist in planning to,get everything into the building in its proper place in order to function efficiently. The recommendations by the National Clearinghouse and by the Chief himself for the makeup of the Committee is as follows' A p ative,; a representative from the Engineer's Division; the Community Development and Services Coordinator; a representative from the City Manager -'s Office; one or two representatives from. the City Council; and,, <a pr;o.fessional contult.ii : sultant who would be a design architect capable of guiding the committee in the right direction in planning the building. Vice -Mayor Mattei wondered whether or nos a committee could not be formed which would have some decision be ore the expert or .coiisultant.was hired to join the committee,. Chief Higgins,said this would be entirely possible; however, the. - design architect would' not be drawing any plans for the building, he would merely assist the committee and lend.his expertise. City Manager Robert Meyer explained the.job ,of the committee would be to interview architects,who have: done functional work in this type of a facility. He further suggested the committee obtain a list of architects whohave expertise in the field and visit some,:of the projects :which have been,complet,ed., or• are underway or in the design stager. He stressed,,however, -the important thing was for the Council to -=move ahead in order to be able to be eligible for the funds which may become available. After some discussion, it was resolved the original committee would have representatives from the Petaluma Police Department., the Engineering Department, the Department of Community•Development, and the City Man'ager's 0ffce,.and . two members of the City Council. This committee would then,select the design architect to assist the committee. Upon conclusion of the discussion, Resolution #7256 N.C.:S. establishing the. Project Planning Committee for public saf.ety'building was,introduced by Councilman Brunner, seconded by Councilman Mat'tei, and adopted by 5 affirmative and 2 absentee vo.tes.. January 5, 1976 11 , 31 , CERTIFICATE OF PUBLIC Report dated November 14, 1975, to the City Manager CONVENIENCE AND from Police Chief Larry.Higgins on the subject application NECESSITY -- MARGARET submitted.and filed. Report dated September 18, / L. AND WILLIAM D. 1975, to the City Manager from the Planning Director a v FLUD RES #7257 NCS by the ordinances of permit to operate a Dennis Boehlje, on the subject application, submitted and filed. Both reports recommend the approval of the application as submitted. Chief Higgins further stated that everything has been satisfied as required the City in order for Mr. and Mrs. Flud to obtain the taxicab service in the City of Petaluma. Vice -Mayor Mattei asked the question whether or not the applicants were aware the City intended to have a bus system in the near future and Chief Higgins advised the applicants were aware of the fact, but still requested the application be approved. Councilman Cavanagh asked whether or not the taxis would be metered, and Mr_ Flud answered in the affirmative. Upon conclusion of the discussion, Resolution #7257 N.,C.S.'granting a certificate of public convenience and necessity to Margaret L. and William D. Flud to operate a taxi service in the City of Petaluma was introduced by Councilman Hilligoss; seconded by Councilman Mattei, and adopted.by 5 affirmative and 2 absentee votes. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned to an executive session at 5:10 p.m. Mayor Attest: ity Cl &k 132 MINUTES OF MEETING OF CITY COUNCIL - PETALUMA, CALIFORNIA JANUARY 5,., 1976 COUNCIL MEETING The regular meeting of City'COuncil of the City of Petaluma was called to order by'Mayor Helen at the hour of 7:30 p..m. ATTENDANCE Present: Councilmen Brunner, Cavanagh,'Harberson,' Hilligoss, Mattei;'Per'ry, and Mayor'Putnam:' Absent: None. INVOCATION The Reverend Arthur Nunn of the First Southern Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE Mayor Putnam commented on the fact this is the 200th Anniverser•y'of the founding of our Country and led the audience in the Pledge of Allegiance to the flag. MAYOR'S MESSAGE Mayor Putnam advised the audience and the City Council she would defer her comments regarding the State of the City, which she had intended '­to give at this until the meeting of January 19th. Mayor Putnam did, however,, want to'thank the community and those who had worked so diligently to assist the ''Maeder family who had suffered a tragic loss in an-early Christmas morning fire. She particularly to thank the Assistant City Manager David Breninger for coordinating the'efforts of the community, as well as the Fire Chief, Police Chief, and members'of' their departments. 'Mrs. PutnaM'stated the response from the community'had'been tremendous and immediate,-.' She did feel, however, some arrangement "should be made whereby a committee should be formed to garner information of'all ' the community services available in such times of crisis. She asked Vice - Mayor Mattei to head such a'committee, composed - of'Councilman Hi'lligoss'and Councilman'Brunner, and Mr. Breninger, to determine what community are available. She further indicated she would select people from'the com -?rn` munity to work with the committee. DENIAL APPEAL-- The City Clerk read'a letter'dated September 17, STREET CONSTRUCTION 1975;, from Burton Engineers regarding the Nagel public VICTOR,.NAGEL improvements on Lindberg Lane, which' been addressed RES. #7257 NCS to the City Council. Burton Engineers a disapproval by the City Engineer of street improvement plans for Victor Nagel, 1250 Lindberg Lane, Petaluma. City Manager Robert Meyer reviewed the prior history of the subject parcel; 5, 5 5 stating at the Council Meeting of September 8, 1970., Mr. Nagel had appealed the requirement to include'the public improvements - in a 240 - foot' length on'' Lindberg Lane where he was constructing a single - family residential dwelling. At that time, the area was zoned ''agr.icultural,''and because of a hardship which would be created by the in'st'a'lla'tion`of the public improvements; the Council approved an exception to their policy Resolution #5430 N.C.S., because the lot was located in an agricultural zone and at the end of an unimproved street. Mr. Meyer stated, however, since time-the area has.been rezoned to Light Industrial, and Mr. Nagel now has'a'commercial use ori'his property for the 'st6iag'e of recreational'vehicles - and - traffic has increased..' The .only other activity'on the parcel subsequent to'that time was the'appeal• to the City Council for the height of to be-placed for the commercial enterprise on the property. 1 3 4 January 5, 1976 DENIAL APPEAL-- City Engineer David Young advised the Council,the STREET CONSTRUCTION problem arises because,Mr. wants to construct VICTOR NAGEL a partial - improvement ,at .this time. It was his unders.tanrl RES #7257 NC5 standing at,the time.the City Council - waived the requirement for the street improvements, the action had been taken for the residential use. He did not feel, however•, the Council's intention -w,as.to.waive the City's requirements at such time the street improvements were to be completed. The present plan submitted to the City Engineer ,is calling for only nine feet of street pavement, where the Council's policy requires one -half of the street to be improved.. If only nine,feet were permitted,, this would represent only about one - fourth of -the street width...Mr. Young also stated the plans call for a structural thickness which does not conform to City specifications. Mr. Young said he did approve of the plans for the sidewalk, curbs, and gutters;. however, he did not feel the nine -foot width or the thickness of the proposed pavement would meet the City standards— Mr. Victor Nagel spoke to the City Council supporting his appeal; he indicated he was not req.uired,to install any public improvements in the.area;_howeve -r, he did offer to do the 240 feet,. nine -foot wd:th:s,treet after having discussed the matter with the Engineering Department. He stated he was led to believe at that time there would be no problem with his proposal. Mr. Nagel further indicated if he couldn't proceed with the project as he proposed, he would not.be financially able to-do any.of it. It was brought..out during, the course discussion that since.the original application of the single- family dwelling for Mr. Nagel at this location was approved for which permits had been issued, the use has been changed,to include,,a recreational.vehicle storage yard and,,,on the same parcel, six garages., From the time of the original application the parcel., the,, area has.been rezoned from Agricultural to Light.Industrial. Mr.,,Nagel indicat dated he had,not requested the rezoning,of. the property,, he,was not making any improvements to the property at this.time,.but,at,some future date, if he determined to expand, he would then'do.the.road. He further.stated he would not have spent the money .to.hire an engineer to draw, the plans if he would have known,he ,had, to, go. the -full half -width ,of the street. Mr. Joseph,Burton, Mr. Nagel's City Council intent of the plans and specification was_,to go less.than the by the City,; however, the thickness of the road would be in accordance,with . City standards.. In the discussion which followed, it was pointed out Lindberg Lane was made a deadend street by the construction.of the fr,e -eway; however, when Kenilworth Junior High School was built, the road was, looped in order to serve the.school buses to-the school The addition of the commercial use,on..the',,. Nagel property adds further, traffic to,Lindberg Lane.. Mr. Nagel complained the street had never been built to City.stand'ards,be'cause it had originally - been annexed to the City from .the,County. City Engineer David Young`advised the Council when new constructiontakes ,place,..the property owners originally improve the streets; gas tax funds received by the City are reserved for the construction of major arterial streets, bridges, etc,. . At the.conc:lusion of the discussio,n,.,Res,olution #7257 N.C:.S. denyying,ap,pea1 of Victor.Nagel regarding street construction with ap:gropriat;e findings was introduced by Councilman -. Perry ,.secon`ded.by..Counc'ilman .Harbe�rs.on, and approved by 6 affirmative and 1 negative votes.._ Councilman Cavanagh voted "no" GRANT OF EASEMENT - A letter ,dated December, 15 1975., directed t:o.the,. P.G. & - E,, -- :OVERHEAD Planning. ; Department; of the City of Petaluma from, TRANSMISSION Mr. C. Bart Jr. , Manager,, Petaluma Dis.tr;ict ORD #1204'NCS Pacific Gas.and.Electric Company, was read by the City.Glerk, and ordered - filed. Excerpts from the Planning Commission minutes December -1, 19:75, sub.-itte mitteddand filed. January 5, 1976 GRANT OF'EAS'EMENT =- Planning Director Dennis.Boehlje advised the Council P.G. &E,. -- OVERHEAD there . ar.e - ,two - .separate items concerned with P.G. &E.'s TRANSMISSION request The Planning.Commission was asked to comment ORD 1 1204 NCS on the, routes, of the, lines, and the City Council is: -being asked.to grant an easement over a portion of City property— The Planning Commission reviewed the proposed route for the transmission•lines,.and since•no- other•.alternative seemed to be available to the transmission lines traversing Ely- Boulevard, they did not oppose the route or the proposed easement. They did, however,.have some reservation's about.transmission lines of this high voltage being suspended in a residential area. Mr. Donald Marquardt the representative from the - Pacific Gas and Electric Company, outlined the route of the.115 KV transmission lines along Ely Boulevard, and the area owned -by the City through -which they would need.an easement. In addition Mr. Marq.uard.t showed the Council pictures of Ely Boulevard.South with the existing lines, and also additional photographs with the proposed.. transmission lines superimposed. Mr. Marquardt advised the Council.transmission lines of-this voltage are not normally placed underground. The plan is to.. use the existing poles and no.new construction would be necessary. At the conclusion of the.discussion, Ordinance 91204 N.C.S. of the.City of Petaluma authorizing the grant of an easement•to the- :Pacific Gas and Electric Company for overhead poles across certain property by-the City of Petaluma, which property is more particularly described in,the body of this ordinance, was introduced by Councilman Brunner, seconded by Councilman Perry,.and ordered posted 7 affirmative votes. 13 5- APPEALiPLANNING A:letter directed- the-City-Council dated December COMMISSION DECISION 20, 1975;.from Mr..Robert F. Carmody, was read and CARMODY.7= ELEVEN ordered.filed: - STORE _ _ • : _ : G7 RES 97258 NCS The:site.design-review which had been disapproved by.the•Planning Commission-.at their meeting December 16 1975.,.•submitted filed.;iExcerpts from the Planning Commission . - iminutes,December.16; 1975 -; submitted 1 and filed. The project had been rejected by the Planning Commission on a 3 to 3 vote, with one member being absent. The original site design review contained 14 conditions;.however,"the final contained •,12:conditions,_and._Mr. Carmody's:let.ter indicated he was appealing:Items- .#4 #13, #14;.however; since 913 and': 1'14 were deleted from .the. site design- : the.appeal. was addressed to' :Item_#4 was withithe :improvement .--. utilities relocation and the the-northeast corner.of '_•`D'.' Street and Petaluma Boulevard South. . . _ Planning Director Dennis Boehlje;.by mean.s..of the•:viewfoil, described the layout -the proposed project.. He Planning Commission had not turned down the entire project, Mr. Carmody would have appealed.Item. #4 of the site design review; however, since the Planning Commission had rejected and if the Council.approves the project, wouldti still be.appealing the conditions under Item #4,.which.has to do with the%relocation'.of the utilities. Councilman.Hilligoss; the Council's!.repre. sentative on Planning Commission, advised -the Council she was.one.of those who had voted againstethe7p•roject. - .It - was -- her - .feeling.-that since the City was trying to upgrade the downtown area, the project would not be in conformity' the core area. Councilman Hilligoss further stated she did not feel this, was a compatible use for the area. ' for Councilman 'Hilligoss, the Council's rep,.resentative:on the,Planning.::Commission, stated her main) objection tb .the_projec,t was the - _placement�:of, - the._building on the site:. Planning Director':DennisrBoehlje, stated •_some- 1- of_the-Commissioners were also concerned with the placement of the buildings on the project site and felt rather than being placed toward the rear of the property, they should be situated in_the manner of other: commercial :bui - ldings•in_the.•downtown -area. City Attorney.Matt ' Hudson:•�reviewed. the context: o.f° Section:_ 26 -405 . of :;the.•: Zoning Ordinance by which the Council -to be guided --in_; the ! appeal: of_Mr. -.Carmody. 3 6 January 5, 1976 APPEAL PLANNING •The:Xouncil discussed the-permitted use for the area, COMMISSION DECISION and reviewed the that the corner has beennzone'd CARMODY 7- ELEVEN commercial for many years, but has stood idle for STORE quite sometime. the formerly held a service. RES.167258 NCS station and the.discussion also led into the fact that the..other three corners at the area had been rounded as projects took place. The property owners or developers were required to round,the corners and the City rounded the southwest corner abutting.Walriut Park. The fact also'came.out in the discussion the corner in question which is at the site of the proposed 7- Eleven store; has far more utilities to be relocated than the other sites. The'_major control system for the entire intersection is located on the site, as well as the traffic signal, fire box, and undisclosed underground utilities. The City Engineer David Young advised the-Council-, corner - would have to, be rounded -if the project were permitted, and he - further stated. there -was. no way to do this without.moving the utilities. When asked by Councilman Cavanagh whether or not he had been able to figure a monetary cost for this portion of the project, Mr. Young stated he has-not., The appellant', Mr. Robert F. Carmody, then addressed the Council in support of his appeal.. He stated when he first-entered into the project, .he.was advised by the City. staff- the.co.rner would not have to be rounded because the not afford to do it. He also stated a local realt_or had advised•him`he was formerly•involved.witho trying to locate 'a project on this site and had been told the corner would.not be rounded. Mr.. Carmody did state, however, he would be willing to round the corner, i.e:. - , move the' curb, gutter, sidewalk, and do the required paving, and move the traffic signals, but he didn't think it was fair to impose the requirement on -him to move City services that benefit the entire community and not just..that property. Mr. Carmody stated he would be willing to provide as. much work on rounding the corner at that location as had.been- provided by'the owners of the other three corners at the intersection -. Mr. Carmody further stated he felt the condition for the rounding of the corner .was included in the site design because of the comment made in the E.I.R. recommending the rounding of the corner. He further stated the K. I. R. .was contradictory in that it said the service condition of the street traffic would not exceed the level. Mr. Carmody stated he agreed to permit the;construction ; of certain barriers on "D" Street and Petaluma Boulevard which would prevent illegal left turns onto the site. Mr. Carmody disputed the relocation of the building �to•the front, stating it_would-prevent sight distance at the-corner and cteate of. a'traffic. hazard than if located toward the rear of the property:. Mr: Carmody further stated by locating the building,.toward.the of.the.property, he would. lose some square footage- in the rental area which the, ' economcially unfeasible,. He further stated by having building'.toward the rear of the property, southbound traffic on Petaluma Boulevard would still have a view of Walnut Park.. If the building were to be reversed, south- bound traffic would be able •tu see Walnut Park until they actually reached the intersection. Mr. Carmody. .further defended his project by stating he and his archi,tec.t have tried'to make the building•aesthetically pleasing by incorporating:-some of the staff recommendations into•the plan,­providing landscaping and planters which would contain some.type of evergreen plants. In addition, Mr.. Carmody said the plan calls for a canopy around•the •building.• The Counc =il .then discussed the types.of services which might be found-in the corner which needed to be rounded to conform with :the b Cher three.corners at the intersection. City Engineer David Young advised Council the power pole would be the resp.onsibility..of',the Pacific Gas & Electric Company move. He also advised. the Council the Cit"does have forces'wh ch.would be able to move the fire hydrant and the - controller box.. As far the storm drain' is concerned: - Mr'. Young stated - he- was riot• sure what - type of storm drain ways -at the intersection; however, he did not feel it would pose any great difficulty. Mr. Carmody again stated he would be willing to round the corner and move the traffic signal, wh mean curb, gutter, and sidewalk,, and repaving the-street-and he would the . ramp as being installed in other•areas of the City. What,'he was concerned with, however, were unknown factors which Tay-.be found in the corner for which he would not want to bear the expense of relocation. January 5, 1976 APPEAL PLANNING Mr.-,Glenn-Head,, a member of the.Planning Commission, COMMISSION.DECISION thent:Addresse8- Council stating if the Planning - CARMODY 7- ELEVEN Commission had been aware .'the City had the capability STORE of moving some of the-utilities, the vote may have RES #7258 NCS gone differently at the Planning Commission level, (Continued) and rather than have a 3 to 3 tiervote °felt the vote would have been 4 to 2. City Engineer David Young stated he was.not.sugges.ting to the Council they.bear'the expense'.of relocating some of the ,utilities, he was merely advising them they had the'cap.ability of doing the same. Mr. Young further' stated other developers under the provisions of policy'Resolution #5430 N.C.S. had been required to relocate utilities such as are located at this corner. City Manager Robert Meyer also stated that only the Council has the power to make exceptions to the policy resolution, the Planning Commission is an advisory body.- and. makes recommendations to'the- City'Couneil. Mr. Meyer further stated if there is something unusual in the corner that would require additional expense, the matter could be brouAtt to the'Cit Council. 13T Further discussion was held.on. who would assume -the responsibility for -the various utilities relocation. Mayor Putnam advised Mr. Carmody the`Council. would be unable to advise him at this meeting precisely what his responsibilities would be and.asked whether he would prefer the Council not vote and have the matter "brought back before them at a later date "Mr. Carmody then suggested a meeting be set up between the City Engineer and himself in order to discuss the matter, and even though he did not agree the corner should be rounded, he was willing to accept -sole responsibility for doing the concrete work and widening the corner. He did.not, however, feel he should bear°the responsi- bility of hiring a civil,gngineer to determine what utilities were contained in the. I corner and to draw up improvement plans be presented to the City. The City Engineer responded -by stating the City's policy is to have improvement plans presented before taking any action. He further stated the Engineering Division'is capable doIing. this engineering work; however,. this relates to money and other developers'in'similar situations had to take the responsibility of presenting the plans.. „ Councilman Brunner stated he has been in.favor of the project all along,; however,.if Mr. Carmody would not some responsibility-.of the rounding_ of the corner, he.would withdraw his support. Mr. Carmody then.stated_he wanted the records to show'he`was'willing assume sole responsibility for doing the concrete work and widening corner. Mr. Young .then questioned whether or,not th I e . Ci ty was'to do the'.engineering, or whether Mr. Carmody was to hire a • .civil 'engirieer to 1 - prepare the street improvement plans and take the.r.esponsibility to contact P.G. &E...to determine when the'pole .could be relocated, to determine radius of the rounding, and matters of this nature., City.Manager.Robert Meyer advised the 'Council. he had researched a previous corner which had been rounded at the iri:tersection by Union Oil Company, and one of the conditions attached to the site design review at 'that ' time was to "have " e 'developer present the, "improvement plans for the street work, in addition to other requirements. Mr. Meyer - further stated he recalls of cases where.the City Council had modified the requirements on improvement plans. He.further suggested the matter should be bro.light back to `the City Council's• attenton,.after a conference between the developer and the City. 'In answer to Councilman .Cavanagh's.question.what had been required on the corner where the used lot now stands, Mr. Meyer advised the Council the.. rounding of.the,corner at that location'was part of the street widening project on "D'.' 'Street, and the corner was: rounded to permit left turn flow of traffic. At the conclusion of the dis.cuss'on, the Attorney suggested to the Council if they wanted to vote'.on the matter, hey' could include Items #l. through #3, and #5 through #12, and Item #4 on the site design review be' amended to read as follows: '.'Improvement plans for curb rounding and related utilities, and traff c relocation, of the northwest corner "of "D "'Street and Petaluma'.Bouleva -rd South shall.be prepared by.the applicant and presented to the City Engineer for approval." Resolution #7258 N.C.S.,appr;oving site design plan for "D" Street'Plaza, subject to certain conditions, .w as then I ntroduced_by Councilman Perry, seconded by Councilman Brunner, and approved liy 5 and 2 negative votes. Councilman Harberson and Hi'lligoss�voted-"no ".­ January 5, 1976 _•_.. RECESS Mayor.. Putnam called a recess at 10:05 p.m.- and.th' e. Council reconvened at 10:1.0 p.m. CITY MANAGER'S REPORTS MEETING'DATE Mr. Meyer ",r,eported tle'Cty,Council would meet in SCHEDULES the study session - devoting "the early part of _the'. JANUARY 12, 1976 evening'to'a reporr on "the furnishings for - the library as presented to them:by the - Petaluma - Library - Advisory "'Commission.. On January January 12th.at 10:45.a.m., Mr'. Meyer advised'the'Council Congre's'sman Clausen would be, present - in the City Hall from •10':45 am.' till'noon discuss various matters'with members of the City Council --the meeting to•be held in the conference room. - - ='` January - 197 -6.' Mr. reminded the'City`Council ; of the Mayor "and'Counc linens meeting "to be'held Thursday, January,8th. - - January 31, 1976." Division, League of California Cities Napa. _ .. CITY COUNCIL REPORTS Councilman Cavanagh reported if City of Petaluma wished to host the May lst, meeting of the 'Empire Division, they should make their des'ire the ieague. meeting to be held in Napa January.3Tst. Mayor :Putnam.aske'd Councilman Cavangh to 'act - od behal'f 6f.-the,' C ity - to.extend the invitation to the Redwood Empire Division to meet in Petaluma- In •'May:' • Councilman Cavanagh requested three members of the City "Council and perhaps one staff - member be assigned to make preparations for the meeting. LIBRARY FURNITURE Councilman Brunner:, the Council's 'represent ative On. Petaluma" Library Advisory commented" on the suggestions the Board would bring'be.fore "the ,Council at the study session on January 12 -th regarding the furnishings for the new'library. - He'stated fheir�'p- resentation should be very short . the Board has worked very diligently on the :selection of the types -of furniture to be 'piurchased for. the new library, and' - other than: at" the. -very 'beginning when the Board was working on - . the bonds ao construct the library,- very, little input had been 'received from `the community and the Advisory Commission's meetings.had not been attended by the..press or members of the Council.' Mr. Brunner further stated he was hopeful'the Council would concur with -the Library Board's. - recommend'atio'ns. BODEGA,AVENUE - "Planning Dir.ector.'Deinnis'Boeh'lj:e =had placed "seven ` STUDY,AREA different plans on the wall for'the Council's review. The 'pl'ans had.been.assembled by"the'Planning Department., and' each'Council "member had been givefi "a copy:of°. the staff'.report' dated December 30, 1975, from the Planning, D.epartment,'a copy of - which is_on "file with.'the City Clerk. 'Mr: Boehlje reviewed"Plans "A" through "G ", stating that all.of -the plans would require•rezoning and some type of public street layout proposals, and those proposed with lower density and larger lot sizes`would'requre fewer streets than. those proposals which related to R- 1- 10,000 - dit .R =1= 6;500 sq:;ft. lots. The Council'.then•centered' their attefit ion - on flan 'F ",. - which would"rezone the northern half of.the study area; to - R -1= 20,'000 - and "the'southern one -half to R- 1- 10,000. This proposal would allow a maximum'of-177 single - family,' units, or an overall denisty of 2,.2:dwelling units per acre: further stated this would conform to "the City's General Plan•and,generally with the Environmental Design Plan. The mat' ter - "was brought up "or not "the higher elevation on'tii" Ts p °Tan could, - no't be changed 'to 40;.000 sq. ft. minimum lot size, with the adjacent property being 'zoned R -1- 20,,000 for _ 6 January 5, 1976 c3 BODEGA•AVENUE one_lot depth, and then the southern part.of - the STUDY AREA section to R -1- 10,000. Planning Director Dennis (Continued) Boeh1je stated- this was, a possibility and it would' require practically'the same street pattern as needed for the R- 1- 40,000 - and 9=1= 20,000 zoning. The circulation pattern and road systems the- various plans :were also discussed by the City Council Planning Direetor,Dennis Boehlj said if the Council does nothing about the area'and the lots remain R -1- 6,500, then the City would be again faced with lot splits and the problem of street.circulatiori in, the area. Mr. Beohlje further stated that regardless of .what plan was presented, not all of the property .owners be favorable to the plan. The primary concern from a planning standpoint, however; is to regulate those areas which -are located inside the City limits: Mayor Putnam-suggested'perhaps the City Council should come to some.decision and send one of the plans back to Comm ss on•for their consideration. She further-stated ultimately the City -may find there is%no way•an• agreement can be reached; however, something must be tried._ It was the concensus of the Council to ask the'Planning'Commission to review Plan "F" or Plan ''G ", or a combination of the two to make another recommendation to the City Council. City Manager Robert Meyer stated that even if rezoning is decided, it doesn't solve the problem in the_area because an assessment - district would have to be form ed ' to - provide for essential.services,�such' -as a sewer line. He..further stated he did not feel it should be sent back- to'tle Planning Commission unless Council had ve'rystrong feelings "on the-manner they wanted it rezoned.. He suggested Perhaps Councilman Harberson's remarks regarding doing nothing,about the area located in the County, but place the concern of the Council on those areas inside the -City limits-Imay be?one solution. Mr. Ace Marcellus then addressed the Council stating-- he wr-itten.a letter to the City Council which was considered at the last meeting, and he was hoping to have an answer which would solve his financial problems at this meeting. -He also stated the'- road`would'have to•go through his property. He was the impression he would get a de'Hsion since that. did not seem probable;' -the Council he has- 'the.County's approval to split- the. lot into 40,0.00 sq. ft: lots on a minor lot split basis..:Mr. Marcellus presented two plans which he had drawn up for the use of his property, both of which would require a street plan through the property. One,of the plans would require 415 feet of road at a cost of approximately $100 -per foot, .or.a total of', $41,,500., which.Mr. Marcellus indicated he would not be able-t6 afford• to "accompli'sh; If the lower portion-of this property - were . divided into 10,000 sq. ft. lots, then the properties- facing the road couild assume the responsibility of the road at a cost of approximately $5,000 per lot. Planning Director Dennis Boehlje,- indicated either plan for the road.might be acceptable; however,.'if the lots were divided into 10,000 sq..ft. lots, it would. increase the density .in the. area which would not conform to_ General •Plan. Mr. Boehlje• s,tat'e,..h:owever - 't prezoned-in such a way to allow 40,000 20,000 and.10,000 sq.. ft. lots, then it would conform to the General Plan. Mr. Marcellus further stated if the County would receive a letter from the City stating 10,000 sq. ft. lots would be permitted on Bodega Avenue with the se'wer', would be -ab -le• -to • go- forward •with, -his plan; however, City Manager Robert Meyer.reminded the Council he did not.-feel the City could guarantee sewer-service 'to any of the lots in the area. The in following discussion was concerned with the development the area, the'need'for-upgrading Bodega Avenue, and the of a sewer district street pattern in the 'Bodega Avenue Study Area,.- -- - At the conclusion of the discussibn it was= agreed •to have •the Plan "F" returned to the Planning Commission :to modify possibly by combining it with 'P -lan - "G ", or the proposed 40,000; 20,000;1and 10;000 sq. ft. lost sizes, eliminating some of the road patterns. A motion was mad' by Councilman Mattei, seconded 1 4 0 January 5, 1976 BODEGA AVENUE by Councilman,.Harber:son,. to, return the. study •to.:the STUDY AREA Pla•nning using=Plan_ "F" as a basis for (Continued) ..their review,.;keeping in,mind.the suggestions made., to eliminate -the..ar -eas outside-of-the City, giving consideration to a lessor road•pattern, and Mayor Putnam suggested the Planning Commission could be flexible in their.recommendations to the City Council. The motion., however•, .was not . -voted .upon, ..and . City - .Manager Robert Meyer asked the Council to-take copies of the plans them.. t try to determine how far they wanted the 10,000 sq. ft. lots to extend, whether they should extend principally_ along Bodega Avenue, or one..more.additional lot depth.. • It was agreed the 'Council would review the plans• and. the .matter would be brought back•before.the .-City Council the January 19th..meeting.. The property. • is located near -the southwest corner of Cor_oria, Road . and _'Ely Road, and is-des on,.the City's.Gener,al Plan for urbanydensty residential uses; therefore, Planning Director Dennis Boehlj,e stated.it.would be,in conflict with Petaluma's General Plan. / L \ AMEND.ZONING ORDINANCE RE GARAGES & PARKING` SPACES ORD 461203• NCS - (SECOND READING) DESIGNATE CARNEGIE LIBRARY HISTORIC LANDMARK ORD 461202 NCS Ordinance #1203 N.C.S. amending Zoning Ordinance 41072 N. C. S. by amending . a. port -ion . of .Sec.tion: 2.0- 30.0 regarding number.. o;ft� parking spaces. required. for dwellings., single-- family,; duplex or , compact <, .was•• adopted by 7 affirmative votes. Ord•inance;461202.N•,:C.S.. designating the Carnegie Free Library hocated.at.the.corner . of Four.th.and "B" Streets in the City of.Petaluma, a historic landmark was. adopted by 7 affirmative votes. • .City Manager.•..Robert Meyer reminded,the City Council they had received a letter from Michael R.-Bentley regar6ing. the use. -of -the Carnegie. Library Building after it had been designated a historic. landmark. Mr. Bentley's su,ggestion.was to.u,tilize the structure as:the official museum for the City of Petaluma. He was'pr.esent in the audience and also•s he hoped -the• library would. also. be used as a research library,.. n...addition to a museum use. Mayor Putnam advised Mr. Bentley.-his "letter would not be discussed at this meeting; however', the matter would come before the Council at a study session at a future time, not at a regular meeting. APPROVE AGRICULTURAL Resolution.47259 N.C.S. approving A.P. #136- 130 -01 PRESERVE -- LANDS OF as part of an agricultural preserve:(Lands :of _B-ionda),• BIONDA ( 0 was introduced by Councilman Cavanagh, seconded by RES #7259..NCS Councilman Mat.tei; and. approved..by 7 affirmative. votes. . The subject property is located at 2150 Old Adobe Road ,.b..etween..East..Washington Street and Corona Road-,.and consists of 91_acres.. -The Petaluma General.Plan . designates -the area for rural uses, and therefore -it would not,be.in- conflict with .the General Plan.. n O APPROVE AGRICULTURAL Resolution- #7,260,. N.C._ S,. approving A. -P 4 47 07.4 -01, PRESERVE--LANDS.•OF •. 447- 074 -05, and•47- 141 -05 as part o.f an.agricultural MARTY preserve (Lands of Marty) was in,troduced..by: Councilman. RES #7260 NCS .. Cavanagh, seconded.by Councilman Hilligoss, and._approved by 7 affirmative. votes:.. The subject property is located.at.485.Elysian Avenue, and:consists.of. approx =�i imately 26.89 acres. -The Petaluma General Plan designates the area for rural uses, and therefore it would not be in conflict with the General-Plan.. PROTEST WILLIAMSON Resolution ' #7 . 261. N.C.S. protesting execution-.of Williamson Q-w ACT CONTRACT- -LANDS •. t for A.P. #137- 070 =1_. (Lands of Christina OF CHRISTINA DANGERS Dangers),, was introduced by Councilman.Hilligoss, �J RES #1'261 NCS seconded by Councilman Mattei and approved..by 7 affirmative votes. The property. • is located near -the southwest corner of Cor_oria, Road . and _'Ely Road, and is-des on,.the City's.Gener,al Plan for urbanydensty residential uses; therefore, Planning Director Dennis Boehlj,e stated.it.would be,in conflict with Petaluma's General Plan. / L \ AMEND.ZONING ORDINANCE RE GARAGES & PARKING` SPACES ORD 461203• NCS - (SECOND READING) DESIGNATE CARNEGIE LIBRARY HISTORIC LANDMARK ORD 461202 NCS Ordinance #1203 N.C.S. amending Zoning Ordinance 41072 N. C. S. by amending . a. port -ion . of .Sec.tion: 2.0- 30.0 regarding number.. o;ft� parking spaces. required. for dwellings., single-- family,; duplex or , compact <, .was•• adopted by 7 affirmative votes. Ord•inance;461202.N•,:C.S.. designating the Carnegie Free Library hocated.at.the.corner . of Four.th.and "B" Streets in the City of.Petaluma, a historic landmark was. adopted by 7 affirmative votes. • .City Manager.•..Robert Meyer reminded,the City Council they had received a letter from Michael R.-Bentley regar6ing. the use. -of -the Carnegie. Library Building after it had been designated a historic. landmark. Mr. Bentley's su,ggestion.was to.u,tilize the structure as:the official museum for the City of Petaluma. He was'pr.esent in the audience and also•s he hoped -the• library would. also. be used as a research library,.. n...addition to a museum use. Mayor Putnam advised Mr. Bentley.-his "letter would not be discussed at this meeting; however', the matter would come before the Council at a study session at a future time, not at a regular meeting. January 5, 1976 ADJOURNMENT There being,no further business to come before the City Council, the meeting adjourned at 11:15 p.m. to an Executive Session. and to January 12, 1976, at 1.0:45 a.m. to 12:00 noon in order to meet with Congressman Clausen, and to a Study Session January 12, 1976,-at 7:30 p.m. r il.� r, 141 Attest: City CleA