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HomeMy WebLinkAboutCity Council Minutes 03/01/1976181' MINUTES OF.MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA MARCH l 1076 COUNCIL MEETING The regular meetin'g 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 Due to the illness of the Reverend Edward Sorensen, no invocation was given. PLEDGE OF ALLEGIANCE The Mayor called upon Cheryl Beth Petro, a fourth grade student at Miwok School and a Girl Scout pre- paring for her citizenship badge to lead the assem- blage in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of February 2, 1976, were approved as mailed. CONSENT CALENDAR A motion was made by Councilman Mattei, seconded by Councilman Perry, to file the ABC application and approve the resolutions on the Consent Calendar. Motion carried unanimously. Agenda Item #1 ABC application, Fair West Grocery, 741 -A Western 3 8 F ABC APPLICATION-- Avenue, person -to- person transfer from Cleon J. Ruegge FAIR WEST GROCERY to Allean and'Betty Zentner approved. 4 Agenda Item #2 Resolution - #7300 N.C.S. revising allotments for West - CHANGE ALLOCATION-- ridge Subdivision Units 3 and 4 to provide for 77 WESTRIDGE UNITS single- family units was adopted by 7 affirmative 3 & 4 votes. RES #7300 NCS Agenda Item #3 COMMEND SOROPTIMIST CLUB FOR BICENTENNIAL. CELEBRATION RES #7301 NCS Agenda Item #4 COMMEND PETALUMA- TOMALES YOUNG HOMEMAKERS- - BICENTENNIAL CELEBRATION RES #7302 NCS Agenda Item #5 ACCEPT COMPLETION— WASHWATER RECLAMA- TION TANK ' RES #7303 NCS Resolution #7301 N.C.S. commending the Petaluma Club ���� of Soroptimist International for its contribution to the City of Petaluma's Bicentennial Celebration was approved by 7 affirmative votes. Resolution #7302 N.C.S. commending the Petaluma - i+ Tomales Young Homemakers for their contribution to the City of Petaluma's Bicentennial Celebration was ap- proved by 7 affirmative votes. Resolution #7303 N.C.S. accepting completion of work ��� on "Washwater Reclamation Tank, Project WD 2 -76" was approved.by 7 affirmative votes. Agenda Item #6 Resolution approving lease for water well with APPROVE LEASE -- Creek Properties, Inc. and authorizing Mayor to WILLOW CREEK WELL was approved by 7 affirmative votes. RES #7304 NCS W illo w si ( o51 F March 1, 1976 WATER SHORTAGE City Manager Robert Meyer advised the Council even EMERGENCY with the recent rainfall, there is still a water �\ RES #7305 NCS emergency and he.wanted to . present the facts to the RES 47306 NCS Council acid the public at this time. Mr. Meyer also stated that Item 12 on the Agenda was interrelated with the discussion on the water shortage emergency and should'be combined with this subject. If - the Council declared an emer- gency, he would like to suggest -a Study Session be called for'-March 8th in order to review the implementation of the program. He then asked City-En- gineer David Young to report on the situation. Mr. Young stated he had received a letter from the Sonoma Courity Water Agency advising the total amount water they would be a'b'le-to provide for the City of Petaluma this summer. The staff had requested a committment from the Sonoma County .Water Agency as to how much water they could supply during the critical summer months. The letter from the Agency, a copy of which is on file with the City Clerk, was then read. The Agency advised the City could expect_ to receive a minimum of 2 MGD, but would probably not be able to exceed the maximum of 4 MGD, as had been done in previous years. Mr. Young stated he had received some encouraging news today relating to one' of the sources of water. The Sonoma County Water Agency advised Lake Pillsbury is half full and there had been an estimated,five inches of rain on that watershed. The Agency further advised they felt they could probably supply the City with the maximum of 4 MGD. The amount of water the City was able to produce in addition to water fromthe Aqueduct was then reviewed. Mr. Young stated the Agency would probably be able to provide the City's 4 MGD entitlement, providing all contractors adopt a water savings program and would utilize their own facili- ties at full capacity during the remainder of the calendar year. By taking historical figures and projecting them for the coming summer, which is anti- cipated to be a relatively dry summer, the demand for water would be 7.4 MGD without any rationing. From local sources, 1.8 MG could be produced, i.e., from local wells, leased wells, and Lawler Reservoir. Mr. Young pointed.out normally the Lawler Reservoir would produce. 0.7 MGD; however, the Director of Water Utility has not been able to fill the reservoir to this level at this time. 'By approving the lease of the Willow Creek Well the deficit would be reduced by another 0.3 MGD, leaving a balance of 1.3 MGD. The voluntary odd -even rationing over the last two summers has reservedapproxi- mately'0.6 MGD, which would still leave a deficit of 0.7 MGD. Mr. Young further stated the'odd -even voluntary participation was about 50 -60 percent and the only solution to making up the 0.7 MGD deficit would be by imposing more stringent regulations on the use of water for irrigation purposes during the hot weather. The question was asked of Mr. Young if, in the next month or so, we received 20 inches of rain would the City still be face "d'with some type of rationing. Mr. Young responded by stating two problems' would still remain. The first problem created this is the shortage of supply in the Russian River; however, the other problem is the Russian River -to- Cotati Iriter.ie, which is a larger pipeline, will not be completed until 1977. Even if water was avail- able in the Russian River, the City would still be faced with-delivery of the water and being restricted to the 4 MGD.. Councilman Perry asked Mr. Young if he' could give.a'list of priorities for' reducing the supply of water to commercial and residential uses, and'`Mr. Young felt this was a matter that Council should discuss at the'S "tudy Session• scheduled for March 8th, to include measures to be taken to implement a pro- gram of rationing. Mr. Young advised the Council the Fire. Chief has given .the fire storage re- quirements and it will be necessary to have 5.3 MG in the reservoirs which have a total capacity of 9.7 MG. Mr. Young advised this storageecapacity is a possibility, and-when the reservoir had reached the 5.3 MG level, it would be necessary to valve them off to reserve this amount for fire suppresion.. He further stated this action would effect the pressure in the system in that the residents living in the higher elevations would experience lower pressure than those in'the lower zones. Chief Ellwood explained the gallonage would be required to protect the hospital, the convalescent hospitals, the ' highi -value areas in the downtown, and the compact areas. Some further discussion was held on.the requirements for fire suppression and the capacity which could be reserved in the pumpers. March 1, 1976 188 WATER SHORTAGE The City Engineer agreed -the water situation could EMERGENCY change from week to: week if the rains would continue; RES X67305 NCS however, there could be no guarantee the Sonoma County RES #7306 NCS Water Agency would. - supply more than the 4 MGD allotted (Continued)_ to Petaluma under the' terms of the present contract. City Manager Robert Meyer also pointed out an impor- tant paragraph in the letter from the Sonoma County Water Agency indicated that if water was- available, they would be willing to provide the contractors with the stipulated amounts of water if all of the contracting agencies adopted some type of water saving program.- He further pointed out one of the methods used during the past two years to help alleviate some of the water shortage problem was -the fact that Santa Rosa turned on their wells in c order to draw less water from the aqueduct and to assist other agencies in,the contract. He felt Santa Rosa would not activate their wells this summer'if other agencies were not willing to adopt some--type of program for rationing. Both'Councilman Brunner and Councilman Cavanagh indicated a reluctance to impose a mandatory rationing program on the citizens of Petaluma. They felt the odd -even program, as had been carried out the - past two years, indicated the willingness of the citizens to cooperate with the voluntary odd -even rationing program. Some discussion was held on what,the consequences might have been if the City had not embarked upon a controlled growth program over the past few years. Mr. Young advised the Council the per capita day usage during the summer months is between 200 and 225 gallons per day per person. The yearly average is 144 gallons per person per day, and the winter average is 100 gallons per person per day. If growth had not been Petaluma would have ex- perienced a far greater shortage of water during the past two summers, and probably before that. City Manager Robert Meyer advised the Council that even though the City's contract calls for 4 MGD, there were many days during the past-summer when the aqueduct supplied 5 MG or more. He felt one of the reasons they were able to do this was because the Utility Commission and the City Council of Santa Rosa were willing to activate their wells. The proposal before the City Council tonight was-to declare an emergency, but not to ' adopt-all of the regulations. The Sonoma :County Water Agency has made the City aware a standby emergency' basis could be imposed within a matter of 12 hours. Mayor Putnam then opened the public hearing. Mr. William Anderson from Petaluma Estates Mobile Home Park asked the City Engineer how he had arrived at the figure 220 to 225 gallons per day per person, and Mr. Young explained the calculations by stating the daily production was divided by the population of the City in order to arrive at this figure. Mr. Anderson then further inquired how the City would be able to police a-situation of water'rationing. Mayor Putnam responded by stating some measures had been taken last year by having the City's s ask people who were irrigating to refrain from doing so on very critical days; however, she asked Mr. Young to give an explanation of what would -be the first measure to be taken by the "City in a` critical period. Mr. Young responded by stating he -felt the first thing to do would be to close off all irrigation use as it would be secondary to basic human needs. City Manager Robert Meyer stated once'the Council had declared an emergency situation, a great deal of study :would be needed to determine the emergency measures to be taken. He suggested the matter be held until the March 8th Study Session. Next to address the Council was Leore Savitt. Ms. Savitt questioned who citizens would call when they were aware of water being wasted by automatic sprinklers being left on for a lengthy period of time resulting in water running down the gutters. Next to- address the City Council was Chris Herold, a student from Petaluma Junior High School. He made a suggestion that if the City was faced with a critical fire hazard during the summer period, he had heard individual swim- ming pools were utilized to extinguish fires. He questioned whether such people would,be reimbursed for the use of the water. 1 8 4 March 1, 1976 WATER - SHORTAGE Next to address the.City Council.was Mr. Arthur Cader, EMERMGENCY representing the Sonoma County Farm Bureau. Mr. Cader RES X67305 NCS . .advised the, Council the Sonoma County Farm*Bureau has RES 667306 NCS been working very hard to resolve the problem of the (Continued`) completon.of the.Warm Springs Dam. He realizes what happens on this situation is not going to help P.etaluma's water situation; however, the Bureau was anxious to get the matter of Warm Springs Dam out of the political arena.. Councilman Brunner reminded Mr. Cader the Council has gone on record as supporting the Warm Springs Dam. Mr. Cader presented the City with,the complaint filed in the U.S. District Court for.the Northern District of Ca.liforn a,'and.the list of plaintiffs and defendants..were read by the City Clerk. The document is on file in the Clerk's .office. No further comments were received from the audience and Mayor.Putnam declared the public hearing closed.. Before the. adoption of Resolution X67305 N..C.S.,. Councilman Cavanagh asked for clarification.on some of the.language. contained in the resolution. Mr. Scharer explained the terms,of the,contract.,the City of Petaluma, as.one of, the contracting agencies, has.with the Sonoma County Water Agency,by.stating we-have an entitlement of 4.0 MGD; however, in case of insufficient water supply, the contract states an allocation method would be applied to all contractors of the agency reverting back to the. winter months' demand:, i.e.,. November,,December and_January,.and subtracting the amount of water available from local sources which in the case of the City of Petaluma would be 1.8. MGD. The Agency would then supply this amount of water. In summary, Mr. Scharer explained this could cut our gallonage in half. At the conclusion of the discussion, Resolution #7305 N.C.S.,,declaring that a water shortage emergency condition prevails within the area served by the City of Petaluma Water Department was introduced by Councilman Perry, seconded by Vice -Mayor Mattei, and approved by 5 affirmative, and 2 negative votes. Councilman,Brunner.and Councilman Cavanagh voted "no ". Resolution X67306 N.C.S. urging the Sonoma County Water Agency to permit the City of Petaluma and other water distributors served by.the Sonoma .County Water'Agency.to locate and improve new sources without penalty was introduced by Councilman Perry, seconded by Councilman Harberson, and approved by 7 affirmative votes. � �j PREZONE 107 ACRES-- Planning- Director Dennis Boehlje reviewed the Planned \ NORTH MCDOWELL BLVD. Community Development proposed'by Qantas Development -- COUNTY "A " 'TO PCD Corporation to be located on McDowell Boulevard ORD X61208 NCS and on property formerly known as the Millmeister (SECOND READING) property., which is adjacent to Lucchesi Park. Mr.. Boehlje explained the developers are proposing 'to place 636 units on the 107 acres,.wth an overall density of under six units per acre:. There- are 325 single - family units proposed and of these approximately 230 will have a zero lot line. 96 quadraplot units are also being planned. The single-family units would have a units per acre density, and the multi - family units . would have a 12.2 density per acre. Mr.. Boehlje also pointed out an.area where a 5.3 acre park is proposed. The 19 low- income units proposed for the development and which Qantas Development Cgr•poration would prefer to eliminate from the plan, would be on a cul -de- sac. The- Commission has recom- mended the retention of the 19 low- to moderate -cost units. Planning Commission Resolution No. Z3 - with findings of the Commission relative to the Planned Community District, submitted and filed. Excerpts from the Planning Commission Minutes of February 3, 1976, submitted and.filed A letter from Qantas Development Corporation dated January 27, 1976, request- ing the elimination of the 19 low -cost units, submitted and filed. The Planning Director's recommendation submitted to City Manager Robert Meyer dated 13, 1976, regarding the low - income housing, submitted and filed. In answer to the City Manager's question whether the Qantas Development Corpor- ation would have,to submit a phased plan for this type of zoning, or can the phased plan be submitted after the zoning approval, Mr. Boehlje responded by stating according to the Zoning Ordinance,, a development schedule would be required Mr. .Boehlje also indicated Qantas has submitted a phase schedule. The plans are to construct the first two phases in single - family units, and then go on to the multi- :family phase. If Qantas wished to modify the development plan,.fur;ther public hearings would "then be necessary. March 1, 1976 `' PREZONE 107 ACRES- - NORTH MCDOWELL BLVD -- COUNTY "A" TO PCD ORD #1208 `NCS (SECOND READING) (Continued) The City Manager also stated he had been asked the question whether or not a time schedule had been submitted with'the plans,. Mr. Boehlje indicated this had been done and the Planning s aff °and Planning Commission would encourage a strict adherence to the schedule. . Vice -Mayor Mattei said although he had no-objections to the prezoning of the property, he would like to know the proposals for the development of the land. He is aware of the fact the developers wish to begin Phase I at the northern end of the property where they would be closer to sewer and water connections, but he expressed concern regarding the develop- ment of the road, the placement of the parks, and other aspects of the de- velopment which might become problems at some future date. Mayor Putnam then opened the public hearing. Mr. John L. Balshaw asked whether .or not allocations had been allotted for the development, and Planning Director Dennis Boehlje indicated Qantas Development has been allotted 412 units, and would,build only 100 single - family units the first year. Mr. Balshaw stated his concern was if the City accepted a'Planned Community Development for this property, he.felt the developer would have a very valid position to insure that the City continue the.allocation process. Mr. Balshaw further felt if the developer d'id not receive allocations for the remainder of the Planned Community Development, the City would be exercising something similar to inverse condemnation. City Attorney Matt Hudson responded by stating the developer takes a chance anytime he has land rezoned that he will not meet the criteria of the Alloca- tion Board and the City Council. Mr. Hudson further stated if the developer is.not awarded the additional allotment, then he would have to try at a later date with a better development. Mr. William Anderson of Petaluma Estates Mobile Home Park questioned whether or not this development is in the scope of, the 500 unit per year allotment system to which Mr.' Boehlje replied in the affirmative. No other comments were made from the audience, and'Mayor Putnam closed the public hearing. City Manager Robert Meyer advised the City Council if they had any real problems at all, it should be made a matter of record at this time as he felt the Council did not want to.be faced with the same problems with regard to homes backing up on park sites as they had previously experienced. Mr. Meyer further pointed out the arterial street planned for the development would be extended at some "future time to Ely Boulevard; however, he wanted the Council to be'aware that until such time as an interchange is proposed to link the valley side of community with the western side of the community, other than East Washington Street, traffic would probably be fed to the Planned Community Development by way of Washington Street or Maria Drive. Some discussion was held on the °proposed interchange.. The City Manager stated it was his understanding at one time the interchange would be somewhere in the vicinity of the Skillman Lane area; however, City Engineer David Young advised the Council the County's new General Plan and the Roadway Element is directed more toward Corona Road the area where the interchange would be construc- ted. Mr. Meyer pointed out the areas where the park within the development would be located in comparison with Lucchesi Park. He questioned the Planning Director whether any specifics had been worked out as to who was to develop the park. Mr. Boehlje stated the park land-had been dedicated, but no agreement had been reached on who would develop the facility.. Mr_ Meyer further asked the record be shown that by approving the prezoning, the Council was accepting Phase I of the development, but not specifying what might be required at the tentative map stage. Vice -Mayor Mattei then asked City Planner Dennis Boehlje if he could forsee any problems with the development at all. Mr. Boehlje stated what they have to work with is the requirements of the Zoning Ordinance, pertaining to Planned Community and Planned `Unit Development, which places certain require - ments on these types of projects. At the present time these are the only guidelines the'Planning Department has been-given to deal with. The developer must show the basic types of housing units,.-the basic street layout, and a general designation of what type of housing.unit.is to be placed in various locations in the Planned Community Development. A general designation of 1 6 March 1, 1976 PREZONE 107 -- where a park is to be located is also required. All NORTH_MCDOWELL BLVD. of the requirements of the Zoning Ordinance for this -- COUNTY "A" TO PCD project have been,met. The Planning,Department does ORD #1208 NCS not have the specifics of ,the improvements and when (SECOND' READING) they would'be constructed'. These are matters'whch (Continued) would have to be addressed at the PUD or the tentative map stage. Mr. Boehlje further stated the staff's recommendation is that it is a fairly desirable design for the area. The discussion then led to the location of the day care center and the fact it had been changed from the location shown on a prior plan. Mr. Jon'Joslyn of Qantas Development spoke to the Council stating it was their feeling since the multi- family units were shifted.from one area to another, the day care center should be located in closer proximity to the multi - family units. The question arose whether or not the day care center would,be restricted to the use of residents -in the Planned Community District; however, Mr. Jon Joslyn said the intent would be to serve those who would use it, and it would not be restrict- ed. Mr. Boehlje advised the Council the Planning Commission had required several major changes of the developer, and in order to meet those regiurements_it was necessary to redesign the Planned Community District. He further advised Vice -Mayor Mattei this change had been made subsequent to the allocation process, and the Council had not had an opportunity to review'it. earlier. Mayor Putnam asked Councilman Hilligoss, the Council's representative to the Planning Commission, if she had any comment's and Mrs. Hilligoss stated the Planning Commission's main concern was to take care of having Maria Drive carried through and not to back single - family homes up to Lucchesi'Park. At the conclus "ion.of the discussion, Ordinance #1208 N.C.S.,,which had.be'en introduced by Councilman Hilligoss, and seconded by Councilman Perry, amending Zoning Ordinance #1072 N.C.S. by reclassifying A.P. 4136 110 - - #136 110 - 18, #136- 110 731, 4136- 110 -34, 4136- 110 -38, 4136- 110 -39, 44136- 110 -40 (consisting of approximately 107 acres) from a County "A""(Agricultural) District to a PCD (Planned Community) District located on the easterly side of North McDowell Boulevard, north of East Washington Street and adjacent to the City's Lucchesi Park - (Qantas) was adopted by 7 affirmative votes. AWARD BID -- LIBRARY Finance Director John Scharer reviewed the results of \�� FURNITURE the bid opening February 17, 1976, for'Phase II of the RES 47307 NCS library furniture. .Phase I was.concerned with the library shelving, and Phase II related to the seating area and the desks, and so forth. Mr. Scharer ex- plained the specifications called f a base bid and an alternate bid. The alternate.bid was to.furnish the small conference room. Three bids had been received. The low.bidder. was Paul Zell Designs, Inc., located in Petaluma, with a base bid.of $5 e .0,843. The alternate from ;Mr. Zell.was $5.,536.20. The recommendation from the Library Advisory Board, the architects., and the staff, was to. accept the low base bid in the amount of $50,843.96, and the alternate bid for the conference "room not be considered. At the conclusion of'Mr. Scharer's presentation, Resolution 47307 N.C.S. awarding the contract for the purchase of library fur=niture for the new public library to Paul Zell Designs, Inc., 1290 Bodega Avenue., Petaluma,, CA, in the amount of $50,843.96, was introduced by Councilman „Brunner, seconded by Councilman Perry, and approved by 7 affirmative votes. FURNITURE -- LIBRARY Mr. Scharer adyised.the Council the recommendation �\ CONFERENCE ROOM from the Library Advisory Board, the architects, and the st'aff.was to have the staff cooperate with t'he architect Arid the Advisory Board to select furniture for the conference room with an expenditure of $2,700.00. A motion,was made.by Councilman Hlligoss, seconded by Councilman Harb'ers'on; approving the expenditure of the $2,700.,00 to furnish the library conference room. Motion carried unanimously. March 1, 1976 LETTER -- ROBERT T. ANDERSON, ATTORNEY RE CONSTRUCTION INDUSTRY OF SONOMA COUNTY VS. CITY OF PETALUMA A letter dated February 4, 19.76, addressed to the Mayor and members' of the ,City. Council, from the Attorney who had .represented the City of Petaluma in the suit regarding the validity of the "Petaluma Plan" was read by the City Clerk.and ordered filed. A question was asked of the City Attorney whether the decision would affect all of the cities in the United States, or only those in the district where the District Court had ruled. Mr. Hudson responded by stating until other District Courts ruled on the matter, this would be the law for the entire country. In his letter, Mr. Anderson had asked the City to give consideration to the proper course of action to bey taken when the plan ceases in 1977. Councilman Hilligoss advised the Council the Planning Commission is .going to adjourn their meeting of March 2nd to a Study Session to study the next five -year plan. BICENTENNNIAL A letter dated February 24, 1976, from Mrs. Peabody, PROJECT -- PETALUMA the Supervisor of Petaluma Junior High - School's Poster JUNIOR HIGH SCHOOL squad, was read by the City Clerk and ordered filed. (POSTER SQUAD) Mrs. Peabody was present in the audience with six members-of the Poster Squad who she introduced to the City Council. They were Jay Russell, Bobby Allen, Chris Herold, Ruby Thiel., Michele Marshall, and Kurt Klein. Mrs. Peabody stated she had been advised there may be a potential legal problem with the site selection they had.made for a Bicentennial.Poster, namely the wall of Berton's. Furniture Store. City Attorney Matt Hudson advised the members of the Poster Squad there-.would, be some permissions to be obtained; however, the City Manager felt the Council needed to know more of the specifics of the project; whether scaffolding would be required, how large the mural would be., and the type of design. Mrs. Peabody responded by stating the permission for the young people to use scaffolding would fall under 'the category of the same type of permission they receive for various field trips. She further advised the Council the :paint has been donated and a drawing of the proposed mural was displayed to.the City Council. The discussion then led to the cost factors involved and who would assume the responsibility for providing the materials and the scaffolding. Karen Peterson, who was in the audience and is a.member of the Bicentennial Committee, in- dicated Mr. Shaw, a member of the same Committee, advised the paint would be donated as had -been done for the fire plugs. She suggested the matter of the scaffolding might be handled through Northbay Federal Savings, as it was her understanding they had a fund for student activities, and this project may be eligible for said funds. City Attorney.Matt Hudson advised Mrs. Peabody to contact the County Counsel with regard to liability for the project, since school children were involved. At the conclusion of the discussion, Mayor Putnam suggested Mrs. Peabody, Karen Peterson, and the City Attorney, meet with her in order to review some of the questions raised by the City Council and see if some solutions could be reached. City Manager Robert Meyer suggested a possible alternative would be to paint the poster on wood, rather than on the wall, and have it erected somewhere in the area which they had selected. RECESS Mayor Putnam called a recess at 9:30 p.m., and the Council reconvened at 9:37 p.m. EXPLORATORY WATER City Manager Robert Meyer asked the Council's permission WELL to continue to contact various property owners to determine whether or not they would permit the City to lease some property to drill wells if the need for such.a measure became evident. Councilman Perry asked if a test well would be drilled first. _Mr. Meyer responded by_ stating he was asking permission to drill a test well at this time - -he was merely asking the Council's permission for him to continue to contact sources where water may be available. The Council posed no objection to his request.. 187 617V 18 March 1, 1976 CLAIMS '& BILLS Resolution . #7308 N.C.S. approving claims and bills RES #7308 NCS #7064 to #7242, inclusive, General City;:and, #365 to #390, inclusive, Water, approved for payment,by the City Manager was introduced by Councilman Perry, seconded by Councilman Hilligoss, and approved by 7 affirmative votes. CITY MANAGER'S REPORTS MID - DECADE SPECIAL Mr. Meyer reported the final statistics from the State CENSUS Department of Finance for the special.census desig- mated an official population for the City of Petaluma as of .September 15., 1975 at 31,045. The City would still use the population estimate certified by the State Department of' Finance as of January 1, 1975, 32,050', for receiving 'State subventions. Mr. Meyer reported the drop in the estimated population was due to the population per household which is now calculated at 2.94. A memo from the Planning Director, Dennis Boehlje, dated February 27, 1976 regarding the census statistics is on file with the City Clerk. INVITATION FROM CITY OF WESTMI_NISTER, COLORADO Versus Managed.Growth" in the Denver area. M on Saturday, March 20, The City Manager advised the City : Council he had received .a request from the Cty.Manager_ of West - minister, Colorado, to serve on a panel and be-the luncheon speaker for a seminar "Uncontrolled.Growth The seminar is being sponsored by a series -of cities r. Meyer advised the Council the program would beheld 1976, and his expenses for the trip would'be reimbursed. LEGISLATION AFFECTING CITIES OPPOSE SB 1500 City Attorney Matt. Hudson .advised the Council the 06 �4 FINE_S AND FORFIETURES League of California Cities is urging cities to oppose RES 47309 NCS SB 1500, which would provide for court reorganization and the use of $30,,000 °,000 in City revenues to fund new State court costs. Mr. Hudson further stated the approximate loss to the City of Petaluma in the first year as'a result of the consolidation of the Superior, Municipal, and Judicial Courts, would be approximately $18,000.00. Mr. Hudson advised the City Council -he felt it -was appropriate for them to oppose the bill on the basis of the loss -of revenue; however, he did not feel they should address themselves to the consolidation of the courts. Upon conclusion of the discussion Resolution 47309 N X opposing.SB 1500 was introduced by Councilman Harber"s'on, seconded by Councilman Perry, and approved by _ 7 affirmative votes. OPPOSE AB 3000 City Attorney Matt Hudson advised the Council that AB 001 PEACE.OFFICERS' 3000 is basically the same bill which had been vetoed TENURE by .the Governor last year, AB 700. The bill- would RES .47310 NCS provide lifetime tenure for police officers -, and the League of California Cities was urging cities to oppose this legislation. Resolution 47310 N.C.S. in opposition to AB 3000 was introduced by Councilman Perry, seconded by Councilman Hilligoss, and approved by 7 affirmative votes., COUNCIL REPORTS: COMMUTER TAX REPORT Mayor Putnam reported to the City Council she had been in receipt of a letter from the Chairman of the.Marin County Board of Supervisors, with an attached resolution.opposing the imposition of a commuter tax by the City and County of San Francisco on per= "sons living'in other counties whose business or means of livelihood was principally in the City and County of San Francisco. Some discussion was.held regarding a similar type resolution to be prepared by the City of Petaluma. Mayor Putnam asked the City Attorney to have some legislation available for the Council's review at the next Council meeting. March 1, 1976 CARNEGIE FREE City Manager R obert Meyer reminded the Council the LIBRARY TASK matter had been discussed at a Study Session and Cu FORCE COMMITTEE failed to reach the Council for official action to authorize`tWMayor to appoint a Task Force Committee regarding the proposed uses the- Carnegie Free Library site. A motion was made by .Councilman Hilligoss,, seconded by Councilman Harberson, authorizing the Mayor to appoint such a Committee. Motion carried unanimously. Councilman Brunner, the Council's representative on the Petaluma Library Advisory Board, advised the Council their group had.selected Duncan Olmsted to be one of the representatives on this Committee. PUBLIC SERVICES Councilman Harberson questioned whether any further COMMISSION work - had been done on establishing a Public Services 3 9 a F Commission, primarily to deal with the transit system soon to be inaugurated in the City of Petaluma. His concerns related to the routes to be established and the fares to be charged for the system. City Manager Robert Meyer advised some hearings would have to be held to set up a fare,structure. He stated the routes have been fairly well advertised, but after the system was in operation some alterations would probably have to be made. He advised the Council the staff would come back to the City Council with some recommendations. APPEAL BY Planning Director Dennis Boehlje reported Dr. Jonas �� ^ DR. LAWRENCE JONAS had submitted a parcel map for a 5 -1/4 acre parcel q TO CERTAIN located off Halsey Avenue and Olive Street. The CONDITIONS- -JONAS parcel map calls for the division of the acreage into PARCEL MAP three lots. Lot #1 would have 2.25 acres, Lot #2, 1.5 acres, and Lot #3, 1.5 acres. Mr. Boehlje reported several conditions were placed on the parcel map by the Planning Department the Fire Chief and the City Engineer, and Dr. Jonas had appealed three of the conditions, namely the denial of the use of sewer pumps for Lots #1 and #3, instead of using gravity flow for the sewage as required by the City Engineer; the second condition appealed by the applicant was the requirement by the Fire Chief for a 500 GPM fire flow; and, the third condition appealed was the requirement of- a cul -de -sac at the end of Halsey Avenue to be constructed to. City standards. All of the 'conditions placed on the parcel map are contained in the staff report dated February 11, 1976, from the Planning Department to Planning Commission, which had been submitted to the City Clerk and is on file. In addition, the minutes of February 18, 1976 of the Planning Commission relating to the appeal by Dr. Jonas, submitted and filed; and, Planning Commission Resolution #5 =76 containing the findings of fact of the Planning Commission and the recommendations to the City Council, submitted and filed. Mr. Boehlje explained under the provisions of the Subdivision Ordinance, the appellant had the prerogative of appealing the conditions placed on the parcel map by the staff. The Planning Commission reviewed the appeals and has made their recommendation to the City Council. In order to clearly define the basis for the appeal before the City-Council, Item #2, #4, and #5 contained in the Planning Commission Resolution #5 -76 were discussed in order. City Engineer David Young responded to Condition #2, stating it is better to have gravity flow rather than a pumping system in order to protect future owners of the •lots; however, he did state the property owner, in this case, Dr. Jonas, does not have control of the downhill property. He further advised the Council a•parcel map had previously been applied for in this vicinity and the owner of.the land was unable to secure an easement through properties to "I" Street which would permit gravity flow: Mr. Young stated if it was impossible to get an easement through to "I" Street, then he would have no objection to the-pumping-system. It is not a problem of the City, but could become a:problem for the future owners of the lot. City Manager Robert Meyer stated he felt any future deeds to the lots should contain the knowledge that-sewage would not be handled by gravity flow, but would need to be pumped. 'l 9 0 March 1, 1976 APPEAL BY The next item to be discussed was the matter,of fire DR. LAWRENCE JONAS flow. The City Engineer- advised the Council the Fire TO CERTAIN Chief had recommended 1,000 GPM fire flow for the CONDITIONS'- -JONAS three parcels; however, the developer's engineer PARCEL MAP submitted calculations that they could not,even (Continued) provide 500 GPM fire . flow. Mr. Young stated the Fire Chief had compromised by permitting a 500 GPM fire flow, but the water main on Halsey Avenue is not capable of.this type of pressure, indeed it pumps only somewhere in the neighborhood 200 .GPM. The.recommendation then from the Fire Department was to loop the water main: -"from Olive Street through the developer's'property, whichcwould, mean bringing the water from Olive Street and looping it around to the end of Halsey Avenue, where a fire hydrant would be installed. Some discussion was then held on whether or not the installation of a fire hydrant at the deadend of ° Halsey Avenue -would not benefit the residents now residing on.Halsey, and if the -Jonas parcel map had been built, before Halsey Avenue had been constructed, would there have been some t.yp.e.of.payback agreement. Mr..Young stated it is a common practice with the City for sub- dividers to extend water mains. He further indicated the system ;pres:ently serving Halsey Avenue is inadequate and the installation of a new hydrant at the crest,of,.the hill would be of benefit to those residents,, but there would - also be considerable benefit to the three lots being developed. Councilman Cavanagh asked whether any dollar amount for the cost of this installation had been arrived at, and the City Engineer stated this was not within.the scope of responsibility of the City's staff. Mayor Putnam then asked Dr. Jonas if he wished to comment on the,matter. Dr. Jonas stated he has been working on the project.for five or six months and has hired the Burton Engineering firn'to work with him. He has received an estimate from Soiland Construction Company for the.water main extension and they feel it would be in the neighborhood of $10,000 to,accomplish the exten- sion. - Dr. Jonas stated-in reviewing the, .previous map submitted for this parcel of land, 20'homes had been planned for the area. He is only proposing three homes on the 5 -1/4 acres, and there is. already an existing home near the Halsey Avenue section. He further stated Lot #2 would be serviced from Olive Street and in a new construction area in vicinity fire hydrant is-to be placed sometime in the very near future. In substance, then,he stated,'the only lot really needing the service would be the one on which.he.plans to build his own home. He had agreed to place..the fire hydrant and pay for it; however,.his engineer determined the water main servicing the area would not produce the 500 gallons requested by the Fire Chief, in fact, would not even produce 200 GPM. Dr. Jonas presented a petition to the :City Clerk.signed by owners of five properties on Halsey Avenue expressing their concern about the 'insufficient water pressure.and a deficient fire protection system for their properties. Dr. Jonas also indicated he had read the Subdivision Ordinance and felt the City could make an.exception where he was required to provide services which would benefit not only his property, but others. He further stated it was his understanding the.City plans eventually to upgrade the water pressure on- Halsey Avenue and.felt if the City would cooperate with the loop extension required. for his parcel map., it.could save a amount of expense to the City and not require the tearing up of Halsey Avenue to accomplish what could be done by the loop system.. Mayor Putnam asked the Clerk,to read the petition and the names of the petitioners presented by Dr. Jonas. The petition is on.file with the City Clerk. City Manager Robert Meyer then asked what size main was proposed. to be 'looped to. serve the parcel map and the size of the main presently located in.Halsey Avenue. He further asked the City Engineer if.the 8" main was installed across.the development, would it appreciably improve the service-to the- residents on on Halsey Avenue. Mr. Young stated that this was.a logical way of improving the service and was the requirement by the staff. He further stated it was his feeling'Dr. Jonas was asking the City to participate in the cost of extending the line. 1 1 The City Manager then stated the question now is whether or not it would be worth the City's participation to provide the extension of-the water main, bearing,in.mind there will be other similar circumstances confronting the Counci -I in the future. March 1, 1976 Vice -Mayor Mattei questioned whether Halsey Avenue was included in the pro- posed upgrading of the water system on the west side of.the community. The City Engineer responded by stating it would be done eventually; however, it did not have - one of the higher priorities. Vice -Mayor Mattei indicated he would like to see some type of compromise worked out in order to offer fire protection to the upper level of Halsey Avenue. The City Engineer stated the Council is dealing with more than just the Subdivision Ordinance in this matter. There is some language in the Water Ordinance regarding on -site improvements. Mr. Young further.stated it was his understanding the water main through this property would.be an on -site improvement, and he was not sure whether or not the - Council would have the latitude.under the provisions of the Water Ordinance to participate in the project. City Attorney Matt Hudson stated he would like to have an opportunity to review the language of-the Ordinance before giving an opinion. City Manager.Robert Meyer indicated -to the Council if it is their intention to participate by getting involved, the matter should first be processed through the Water Commission.. No further discussion was held on Item #4 of the conditions of approval. Item #5 in the conditions of approval pertaining to the cul -de -sac was then discussed. Mayor Putnam asked if the cul -de -sac was a matter which was under debate. Dr. Jonas explained the circle type cul -de -sac would literally touch the "existing house and the location he has selected for his home site would give him a'100 -foot view of asphalt, whereas the hammerhead type cul -de -sac he was proposing would.serve'both lots. He stated the requirement for the circle cul -de -sac was in.order.for fire equipment to be able to turn around, but he felt his engineers had worked with Fire Chief Ellwood and had gained his approval for the hammerhead type where the fire engines could pull into one section of the hammerhead and back up into the other in order to turn around. Dr. Jonas also advised the City Council fact that the cul -de -sac would touch the existing house was not brought out at the Planning Commission meeting because they were not aware of it at that time. He learned of it after doing some further research on the property. Mayor Putnam asked Dr. Jonas whether the residents of Halsey Avenue" would object to the.cul -de -sac. Dr. Jonas indicated he could produce a letter from the residents stating they had no objection to the type of cul -de -sac he is proposing, which would be on private property. Dr. Jonas further stated the Planning Commission has made variances in prior cases, to permit this type of street rather than the circle cul -de -sac. Mayor Putnam stated-since there were some legal - ramifications to be researched on Item A, she was asking the Council to defer, the matter until the next meeting. At the conclusion of the discussion Dr-Jonas-informed the Council he had discussed the matter of an open space easement with the City Attorney., which would basically guarantee that no more than three homes would -be placed on the parcel. The matter was then scheduled for the March 15, 1976, Council meeting. APPEAL BY Councilman Harberson questioned Dr. Jonas whether he DR. LAWRENCE JONAS would .be willing to settle for the 200-GPM fire TO CERTAIN protection for his home. Dr. Jonas indicated he would CONDITIONS- -JONAS prefer, ,of. course,, to have the water main extended and PARCEL MAP was willing to participate in the cost and knew the (Continued) fire hydrant would cost approximately . $3,000.00, which would leave $7,0,00.00 for the City. His other alternative, he stated, was to utilize a large cistern on. ; the property which would hold approximately 22,000 gallons of water. It was his understanding the Fire Chief would, approve, however he would prefer to be hooked into .the City's water main system for fire protection. City Manager Robert Meyer asked Dr. Jonas whether , the $3,000.00 figure would be the extent of his financial participation with no contribution toward the footage-for the property. Dr. Jonas indicated he would be.willing to sit down and' try to negotiate the matter and discussed some of the benefits which could be derived.from.the City's participation in the project. It was pointed out the water main which had been installed on Olive Street would benefit the parcel map proposed by Dr. Jonas, yet he had not been required to participate financially in this improvement. Vice -Mayor Mattei questioned whether Halsey Avenue was included in the pro- posed upgrading of the water system on the west side of.the community. The City Engineer responded by stating it would be done eventually; however, it did not have - one of the higher priorities. Vice -Mayor Mattei indicated he would like to see some type of compromise worked out in order to offer fire protection to the upper level of Halsey Avenue. The City Engineer stated the Council is dealing with more than just the Subdivision Ordinance in this matter. There is some language in the Water Ordinance regarding on -site improvements. Mr. Young further.stated it was his understanding the water main through this property would.be an on -site improvement, and he was not sure whether or not the - Council would have the latitude.under the provisions of the Water Ordinance to participate in the project. City Attorney Matt Hudson stated he would like to have an opportunity to review the language of-the Ordinance before giving an opinion. City Manager.Robert Meyer indicated -to the Council if it is their intention to participate by getting involved, the matter should first be processed through the Water Commission.. No further discussion was held on Item #4 of the conditions of approval. Item #5 in the conditions of approval pertaining to the cul -de -sac was then discussed. Mayor Putnam asked if the cul -de -sac was a matter which was under debate. Dr. Jonas explained the circle type cul -de -sac would literally touch the "existing house and the location he has selected for his home site would give him a'100 -foot view of asphalt, whereas the hammerhead type cul -de -sac he was proposing would.serve'both lots. He stated the requirement for the circle cul -de -sac was in.order.for fire equipment to be able to turn around, but he felt his engineers had worked with Fire Chief Ellwood and had gained his approval for the hammerhead type where the fire engines could pull into one section of the hammerhead and back up into the other in order to turn around. Dr. Jonas also advised the City Council fact that the cul -de -sac would touch the existing house was not brought out at the Planning Commission meeting because they were not aware of it at that time. He learned of it after doing some further research on the property. Mayor Putnam asked Dr. Jonas whether the residents of Halsey Avenue" would object to the.cul -de -sac. Dr. Jonas indicated he could produce a letter from the residents stating they had no objection to the type of cul -de -sac he is proposing, which would be on private property. Dr. Jonas further stated the Planning Commission has made variances in prior cases, to permit this type of street rather than the circle cul -de -sac. Mayor Putnam stated-since there were some legal - ramifications to be researched on Item A, she was asking the Council to defer, the matter until the next meeting. At the conclusion of the discussion Dr-Jonas-informed the Council he had discussed the matter of an open space easement with the City Attorney., which would basically guarantee that no more than three homes would -be placed on the parcel. The matter was then scheduled for the March 15, 1976, Council meeting. 19 March 1, 1976 GRANT -- Planning Director Dennis Boehlje reviewed the-staff MAI ER P A PARCEL MAP report dated- February 10,•19.76, which has been sub- `� 1 1 ll NCS mitted and filed with the City Clerk. The minutes of the Planning Commission meeting dated February'18, 1976, submitted and filed; and, Resolution #6 -76 of the Petaluma City Planning Commission submitted and filed. Mr. Boehlj:e- advised the Council the applicant; Arnold Maier; has proposed a lot split for a parcel which 'is just over.20,'000 sq: ft. The area is.zoned'R -1- 10,000 sq. ft., single- family residential. Mr.-Maier�'s request for modification to Subdivision Ordinance #1046, Section 22.7.401, was to allow a.70 -foot wide . lot, where a minimum of 75 feet is. required. The ultimate result would be one lot would be slightly smaller than the required R- 1- 10,000, and the other lot would be larger. The surrounding•areais'built to R -1 -6,000 standards. After a brief discussion; Resolution #7311 N.C:S. granting certain modifi- cations to-the requirements imposed by the Subdivision Ordinance of.t�his relating to the premises on the north side of West Street, to the west of Juniper Court; A.P. #6- 542 -08, was introduced by Councilman Hilligoss „seconded by Councilman Mattei, and approved by 7 affirmative votes. AMENDMENTS TO ZONING Excerpts-of the Petaluu ma .City Plann Commission ORDINANCE -- ANNUAL minutes dated 18 1976 submitted and filed. REVIEW & UPDATE Planning Commission-Resolution #7-76,-adopted February ORD X61210 NCS 18, 1976,-submitted and filed. Staff report to the City Manager from Planning Director dated February 26, 1976, submitted and filed. The Council discussed the various points which were recommended for changes to the Zoning Ordinance, including the requirement for site design review subdivisions of five-or more single- family dwellings. Mr. Boehlje stated the present subdivision procedures do not permit the staff to review the type of home which is being proposed for individual lots. The si.t'e'design review would be accomplished simultaneously with the review of the subdivision map. Another point which came under discussion was the addition of Article 2, Section 2 -306.4 which would render a main structure in a PCD or PUD zoning classification nonconforming if the zoning was changed at a future date. This provision would be less restrictive in permitting additions to existing dwellings. Such additions would be permitted only within the limits�of the original PUD. Some discussion was then held regarding the change to the Zoning - Ordinance pertaining to signs. Planning Director Dennis Boehlje stated there are ,many signs in the City which violate the provisions' of the Zoning Ordinance as it now stands, and the recommendation is to change the language t.o permit signs facing the front or side lot 'line of any lot in an "R" d'is'trict within 200 feet of such lot line. The last to be discussed was the addition of a section to the'Zoning Ordinance which would clarify the issuance of applications for carnivals'or circuses, parades.and other related activity, to assure compatibility with City activities, regulations and surrounding development:. Mr. Boehlj'e stated this matter had been brought to the Planning Commission's attention because of the recent circus held in a private shopping center area. ' At the conclusion of the discussion, Ordinance 16121'0 N.C'.S. amending Zoning Ordinance No. 1,072 N.G.S. by adding definitions for "Accessory Structure, Detached ", and "Accessory Structure, Detached, Residential "; by adding Sections 2- 306.4, 2 -308 and 2 -311, concerning the keeping of horses and other large animals in the City of Petaluma ;'by adding Section 2 -312 adding a permit requirement for carnivals and circuses and other outside entertainment; ;'by amending- Section 5- 201.to include requirements for permits; by adding Section 5 -307, concerning keeping of large animals and domestic flocks of fowl and location of buildings or enclosures forkeeping of animals by adding Section 5 -308.1 regarding numbers of large animals allowed;, by amending Section 5 -401 regarding location of buildings for dairying, poultry farming, the of cattle, horses, sheep, goats pigs, and the rental of horses; by adding Section 6 -309 regarding the non- commercial keeping of horses, cattle, sheep, goats, and livestock; by deleting Sections 6=405 through 6- 405 -.3 regarding keeping of animals; by renumbering Sections 16- 303.2 and 16- 303.3 to 16- 303.,3 and 16- 303.4, respectively, and:adding Section 16- 303.2 regarding marinas; by amending Section 21 -201a regarding detached accessory buildings, and by amending Section 21- 204..5 regarding outdoor advertising structures -, was introduced by' Councilman Mattei, seconded by Councilman Hilligoss, and ordered published by 6 affirmative and 1 negative votes. Councilman Harberson voted "no ". March 1, 1976 1975 -76 BUDGET REVIEW Mr. Scharer reviewed his memorandum dated February 27, - 1976-, addressed to the City Manager regarding the mid- year review of the 1975 -76 budget. Each section of was reviewed by Mr. Scharer. and he commented the revenues for the first six months are in line with the estimate made for the budget year:, He had been advised by the State of California that the motor vehicle�in -lieu fees would be greater than had been anticipated, which would result in an increase of approximately $16,000.00 over the amount formerly predicted. At the conclusion of his review, Vice -Mayor Mattei asked Mr. Scharer whether _ or not there had been any thought to updating the business license ordinance. Mr., Scharer advised the Vice -Mayor one of the items to be reviewed by himself and the City Attorney was the business license structure. The City Manager commented that even though the City can anticipate additional funds from the motor vehicle in -lieu fees, we have been advised by the State the gasoline tax would be'lower than anticipated. Report submitted and filed. ' 198 ESTABLISH PERMIT Ordinance #1209 N.C.S. establishing a permit procedure PROCEDURE FOR for 'encroachments on, over, in, or under any real ENCROACHMENTS property, alley, easement, or sidewalk owned or controlled ORD. #1209 NCS by the City of Petaluma, by amending Section 13.040.030 and 13.040.060 of the Petaluma Municipal Code, and adding Sections 13.04.100, 13.04.110, 13.04.120, 13.04.130, 13.04.140, 13.04.150, and 13.04.160, thereto, was adopted by 7 affirmative votes. The effective. date of the ordinance is March 31, 1976. ADJOURNMENT Mayor Putnam adjourned the meeting in memory of Charles R. (Chuck) Salkus who had served the City of Petaluma as custodian in the City Hall building for 21 years. The meeting was also adjourned to a study session Monday, March 8, 1976. Attest: City/.Clerk