HomeMy WebLinkAboutCity Council Minutes 01/03/1977477
MINUTES OF MEETING
OF CITY COUNCIL
PETALUMA, CALIFORNIA
JANUARY 3, 1977
REGULAR MEETING
ROLL CALL
I14VOCATION
PLEDGE OF ALLEGIANCE
CONSENT CALENDAR
The regular meeting of the Petaluma City Council was
called to order by Mayor Helen Putnam at 7:30 p.m.
Present: Councilmen Brunner, Cavanagh, Harberson,
Hilligoss, Mattei, Perry, and Mayor Putnam.
Absent: None.
The Reverend Marvin Barbee, Assembly of God, gave the
invocation.
Kim Nelson, a student at the Petaluma High School, led
the audience and Council in the Pledge of Allegiance to
the Flag.
At the request of Councilman Hilligoss, Agenda Item #2
pertaining to the supplemental joint powers agreement
for preparation of'Eastern Marin /Southern Sonoma County
Wastewater Facilities Plan was removed from the Consent Calendar. Councilman
Hilligoss indicated she had voted "no" on the matter previously and wanted to
have'an opportunity to protest on this vote.
A motion was made by Councilman.Harberson, seconded by Councilman Perry, to
file the ABC application and adopt resolutions for Items #3, #4, #5, and #6.
Motion carried unanimously.
Agenda Item #1
ABC APPLICATION- -
AQUARIUM LOUNGE
Agenda Item #3
DECLARE SIX LIGHT
BARS SURPLUS
PROPERTY
RES #7620 NCS
Agenda Item #4
AUTHORIZE'EAQUINTO
PARCEL MAP
AGREEMENT
RES 47621 NCS
Agenda Item 445
VACATE EASEMENT- -
PACHECO SUBDIVISION,
GRANT AVENUE
RES 447622 NCS
Agenda Item #6
AUTHORIZE MAYOR TO
EXECUTE QUITCLAIM
DEEDS- -FLOOD
CONTROL PROJECTS
RES 47623 NCS
APPROVE SUPPLEMEN-
TAL JOINT POWERS
AGREEMENT -- EASTERN
MARIN /SOUTHERN
SONOMA WASTEWATER
FACILITIES PLAN
RES 47624 NCS
ABC application, Aquarium Lounge, 1030 Petaluma Blvd.
North, Mickel, Carol and Jacob, Jr., on sale general f
public premises, drop partners, was approved.
Resolution #7620 N.C.S. finding personal property �/ 4
herein named is surplus, no longer required, and di-
recting the City Manager to dispose and sell the same,
was adopted.
Resolution 47621 N.C.S. authorizing the Mayor to sign j'
Parcel Map Agreement (Parcel Map No. 106, Eaquinto - ("
Nelson) was adopted.
Resolution 47622 N.C.S. ordering vacation of easement - F,993 Pacheco Subdivision on Grant Avenue, was adopted.
Resolution 47623 N.C.S. authorizing the Mayor to exe-
cute quitclaim deeds for Washington /Lynch Creek Improve_Q %)
ment Projects -- Sonoma County Water Agency, was adopted. //
Resolution 47624 N.C.S. approving Supplemental Joint ���
Powers Agreement for preparation of an Eastern Marin/
Southern Sonoma Wastewater Facilities and authorizing
Mayor to sign, was .introduced by Councilman Perry,
seconded by Councilman Brunner, and adopted by 5 affir-
mative and 2 negative votes. Councilmen Harberson and
Hilligoss voted "no ".
478
January 3, 1977
PREZONE.22 ACRES-- Planning Director Ronald Hall reported Walt Williams
ELY BLVD. NORTH and Ray Aguirre had requested prezoning for the Lands
(WILLIAMS &; AGUIRRE) of Terribilini located between Ely Road North and
ORD #1231 NCS Bernard Eldredge School, from County Agricultural to R-
(SECOND READING) 1- 6,500 Single - Family Residential zoning. 100 single-
family units are to be constructed during the 1977 -78
construction year. Mr. Hall stated the developers had
been allotted an additional 10 units for the following construction year.
Comments had been referred to all agencies and no objections had been received.
The Planning Commission recommended a Negative Declaration be posted. The site
is almost completely surrounded with R -1 -6,500 zoning. Mr. Hall stated both
the elementary and the junior high schools, indicated there would be no problem
with the number of student's generated by the building of the subdivision.
The Planning Commission recommends approval of the prezoning and the Planning
Department finds the development is consistent with the General Plan and the
Environmental Design Plan.
City Attorney Matthew Hudson called a clerical error as it had been published
to the Council's attention, citing specifically the introductory language under
Section 1, which states "All that certain real property situate, lying and
being in the City of Petaluma, County of Sonoma, State of California, more
particularly described as follows:" The problem arises with the inclusion of
"the City of Petaluma" in the introductory language, since this is a prezoning
and the property is not located as yet within the boundaries of the City. Mr.
Hudson advised since the property is explicitly described in the following
paragraph, he did not feel the clerical.error would jeopardize the ordinance,
as the only useful portion of the ordinance is that which gives the legal
property description.
Some discussion was held whether or not it could be noted as a clerical error
and deleted on_the ordinance; however, Mr. Hud "son advised against such action
since the ordinance had already been published and served as a means of noti=
fying all interested parties. There was some discussion held regarding as to
how LAFCO would treat the ordinance when it was received by them. Mr. Hudson
felt they would probably make the same determination as his advice to the
Council.
Mayor Putnam then opened the public hearing and asked for comments from the
audience. There were none. No written comments had been received by the City
Clerk. The public hearing was then closed..
Ordinance #1231 N.C.S. amending Zoning Ordinance #1072 N.C.S., by prezoning
A.P. 4136- 090 -21 (consisting of 22.2 acres) from County "A" to City R -1- 6,500
located on Ely Blvd. North (Williams and Aguirre) was adopted by 6 affirmative
and 1 negative votes. Mayor Putnam voted "no Effective date of ordinance,
February 2, 1977.
Mayor Putnam clarified her "no vote by stating she was not opposed to the
project; however, because of the technicality and the law, she felt she had to
cast the dissenting vote.
AUTHORIZE A letter dated December 28, 1976, . addressed to the
PREPARATION OF Petaluma City Council and signed by LeRoy Roche of 5.175
�\ WASTEWATER RECLAMATION Lakeville Highway, Vasco Brazil,.4551 Lakeville High-
AGREEMENT BETWEEN CITY way, was read by the City Clerk and ordered 'filed.'
� OF PETALUMA AND LeROY
ROCHE.AND VASCO BRAZIL City Engineer David Young indicated he had discussed
c RES 47625 NCS the matter of using the reclaimed water from the City's
ponds with Mr. Brazil and had urged him to contact the
City Council to seek permission. Mr. Young's recommen-
dation was for the Council to approve such action and direct the staff to
prepare an agreement. He further advised any agreement drawn up between the
two parties and the City of Petaluma must be approved by the Regional Water
Quality Control Board. Mr. Young stated the Silacci experiment of the past
summer proved to be very fruitful,, and they would like to receive additional
data. The soil types on the Roche and Brazil properties are not quite the same
as those on the Silacci land, and this would give, additional information for
the experimental program. The information received from the past summer's
experiment is being directed to the Sub - Regional Sewage Study; and if this
project is approved, the information - would also go into the study.
January 3, 1977
AUTHORIZE
PREPARATION OF
WASTEWATER RECLAMATION
AGREEMENT BETWEEN CITY
OF PETALUMA AND LeROY
ROCHE AND VASCO BRAZIL
RES #7625 NCS
(Continued)
-479
The property in question is approximately 600 acres.
Mr. Young stated he was not sure whether the owners
could put all of this land under cultivation, but the
owners would like to have authorization on as much as
600 acres. The experiment conducted on the Silacci
property was done on 50 acres. The Silacci agreement
is for two years and he expected this would be the same
length.
Resolution #7625 N.C.S. authorizing preparation of
agreement for wastewater reclamation between the City of Petaluma, LeRoy Roche
and Vasco Brazil, was introduced by Councilman Perry, seconded by Councilman
Harberson, and adopted by 7 affirmative votes.
ESTABLISH PUBLIC A letter dated December 17, 1976, directed to the City ��d
HEARING DATE -- Council by Mr. Frank J. Rowland and Mrs. 0. C. Rowland
ABANDONMENT OF WALKWAY of 1099 Crinella Drive, and B. Magoulas, 1097 Crinella
CRINELLA DRIVE Drive, was read by the City Clerk and ordered filed.
RES #7626 NCS Mayor Putnam noted the letter had been distributed to
members of the City Council and City staff, including
the Police Chief, but had not been sent to the'City
schools. The City Clerk was asked to forward a copy of
the letter to the School District.
Community Development and Services Coordinator Frank Gray advised the Council
has the option of going through abandonment procedures to close the walkway.
This would entail advising all parties and noticing a public hearing. There is
an alternative for access to the school by using the mini -park, which is about
four or five houses below this walkway. Mr. Gray stated narrow walkways of
this type have presented problems before. A public hearing would give the
schools and others the opportunity to comment on the abandonment of the pathway.
Resolution #7626 N.C.S. of intention to abandon and close public use of a
pedestrian way in the City of Petaluma ( Crinella Drive) was introduced by
Councilman Hilligoss, seconded by Councilman Perry, and adopted by 7 affir-
mative votes. The resolution fixes the date of the public hearing as February
7, 1977, at the hour of 7:30 p.m.
REQUEST TO USE BUSES -- A letter dated December 17, 1976, addressed to the City
SENIOR CITIZENS -- Manager and City Council from Herb Bauck, was read by Faa b
JAN. 30, 1977 the City Clerk and ordered filed. The letter indicated
the seniors of the community were planning a special
event at Kenilworth Recreation Center from 1:00 to 4:00
p.m.. They would also like to visit the old library
and asked whether or not the Council would be willing to make the City buses
available for transporting the people between the two places between the hours
of 1:00 and 4:00 p.m.
A brief discussion followed. City Manager Robert Meyer suggested the program
be discussed with the City's Historian, Mr. Ed Fratini, who would coordinate
programs at the old library. In addition, the City Manager advised the charge
for the buses would be $10.00 per hour. Mayor Putnam asked to have Reverend
Bauck advised of the charge for the buses and to have the staff discuss the
matter with Mr. Fratini to see if the program can be worked out.
CITY MANAGER'S REPORTS:
CLAIMS AND BILLS Resolution #7627 N.C.S. approving claims and bills
RES X67627 NCS #1136 to #1190 inclusive, General City; and 4197 to
W208 inclusive, Water, approved for payment by the City
Manager, was introduced by Councilman Perry, seconded
by Councilman Hilligoss, and adopted by 7 affirmative
votes.
In the general discussion which
followed,
it was, pointed out this pathway is 11
feet wide and approximately 120
feet long
which creates a tunnel effect. It is
fenced on both sides and does create
some
problems.' The pathway in question
had been established in 1971 to
provide access for students to the Casa Grande
High School.
Resolution #7626 N.C.S. of intention to abandon and close public use of a
pedestrian way in the City of Petaluma ( Crinella Drive) was introduced by
Councilman Hilligoss, seconded by Councilman Perry, and adopted by 7 affir-
mative votes. The resolution fixes the date of the public hearing as February
7, 1977, at the hour of 7:30 p.m.
REQUEST TO USE BUSES -- A letter dated December 17, 1976, addressed to the City
SENIOR CITIZENS -- Manager and City Council from Herb Bauck, was read by Faa b
JAN. 30, 1977 the City Clerk and ordered filed. The letter indicated
the seniors of the community were planning a special
event at Kenilworth Recreation Center from 1:00 to 4:00
p.m.. They would also like to visit the old library
and asked whether or not the Council would be willing to make the City buses
available for transporting the people between the two places between the hours
of 1:00 and 4:00 p.m.
A brief discussion followed. City Manager Robert Meyer suggested the program
be discussed with the City's Historian, Mr. Ed Fratini, who would coordinate
programs at the old library. In addition, the City Manager advised the charge
for the buses would be $10.00 per hour. Mayor Putnam asked to have Reverend
Bauck advised of the charge for the buses and to have the staff discuss the
matter with Mr. Fratini to see if the program can be worked out.
CITY MANAGER'S REPORTS:
CLAIMS AND BILLS Resolution #7627 N.C.S. approving claims and bills
RES X67627 NCS #1136 to #1190 inclusive, General City; and 4197 to
W208 inclusive, Water, approved for payment by the City
Manager, was introduced by Councilman Perry, seconded
by Councilman Hilligoss, and adopted by 7 affirmative
votes.
480
APPROVE ACCEPTANCE
\ OF SWIM POOL COVER
& PURCHASE OF
STORAGE ROLLERS
J
January 3, 1977
The request of the Petaluma Swim Club for opening the
Swim Center January 15, 1977, and a proposal to pur-
chase a cover for the pool, had been discussed at the
December 20, 1976 Council meeting, and deferred until
this date.
In the interim period, Finance Director John Scharer had analyzed the proposal
for the swim pool cover and prepared data estimated the savings which
could be anticipated in the use of utilities and chemicals at the Swim Center.
A copy of his analysis is on file with the City Clerk. In addition, Recreation
Director Jim Raymond, along with Tom Wilson, Director of Water Utility Oper-
ations, had submitted a memorandum dated December 30, 1976, regarding the
various types of pool covers and storage rollers, and the estimated cost for
this equipment. Copies of both reports are on file with the City Clerk.
Mr. Scharer advised he had reached a conclusion the installation of a cover on
the pool would effect a substantial savings over a three -year period, both to
the City and the Swim Club.
The various types of pool covers were described by Mr. Raymond; and the recom-
mendation would be to purchase the cleat Saver by MacBall, because of its flexi-
bility, stability, and it would be easier to store on rollers. The manufac-
turer guarantees the material will float. The recommendation is to purchase
two rollers at a cost $895 each. Two rollers are recommended because of the
weight of the material.
There was considerable discussion regarding the safety factor and the dangers
which may be encountered if only a portion of the pool cover was to be removed
at a time and allow swimming in the uncovered portion. It was the feeling of
the Council if the pool is to be used, the cover should be entirely removed.
Councilman Perry also posed a question whether or not the material is fire-
proof. Fire Chief Ellwood indicated he would conduct some tests on the samples
and contact the manufacturer to determine whether or not the material was
flammable. It was pointed out, however; it was made of a synthetic material
and would probably melt rather than burn.
Mr. Scharer introduced Mr. Larry Lack, who is an expert in water safety and a
swimming coach. Mr. Lack indicated the pool has been used in the early morning
hours., and only partially uncovered with the polyethelene cover which has been
in use, and they have encountered no problems. He felt if the pool is properly
supervised and the swimmers trained in safety, the cover should be sufficiently
safe. Some discussion was then held regarding the Heat Saver cover. Mr.
Raymond indicated he did not have an opportunity to visit a special district in
San Mateo where the cover is installed, but in a telephone call learned they
had effected an overall savings of between 40 and 45 percent.
The discussion then led to who would purchase the cover and who would retain
ownership. City Manager Robert Meyer advised if the City was to purchase the
cover, it would be necessary to go to bid, as the cost would be above $3,000.
The Swim Club, however, was not bound by the Charter and could purchase the
pool cover. Councilman Mattei referred to an editorial in the Argus Courier
concerning discussion held at the December 20 Council meeting and felt the pool
cover would benefit not only the Swim Club, but other agencies using the pool.
If the savings, as reported, are reliable, it could help the taxpayer as well.
Mr. Vincent Mamone advised the Swim Club's original proposal was to purchase a
cover and one roller which would ' cost the Swim Club around $3,500. However,
the recommendation to purchase the material from MacBall Corporation would cost
$4,248, plus tax, to cover 10,620 square feet. Mr. Mamone indicated the Swim
Club would assume this cost, but could not afford to purchase the two
at $1,960.
City Attorney Matthew Hudson was asked whether or not having the Swim Club,
rather than the City, purchase the cover would create any legal problems. He
indicated he could foresee no problems.
After further discussion, Councilman Harberson made a motion that the City
accept the Heat Saver Pool Cover manufactured by MacBall Corporation from the
Swim Club as in -kind payment for rental of the pool from January 15 to June 15,
1977. Motion carried unanimously.
Councilman Harberson then introduced a motion to authorize the purchase of the
two rollers for the swim pool with the funds coming out of contingency and
transferred to the swimming pool's budget. The motion was seconded by Council-
man Mattei, and unanimously adopted.
January 3, 1977
RECESS Mayor Putnam called a recess at 9:35 p.m., and the
Council reconvened at 9:45 p.m.
ESTABLI:SH.NEIGHBORHOOD The drawing depicting three target areas, A, B, and C,���
BOUNDARIES -- HOUSING for housing rehabilitation and code correction in 6
REHABILITATION PROGRAM selected areas of Central and West Petaluma which had
RES X67628 NCS been forwarded with the Grant application to the De-
partment of Housing and Urban Development, is on file
with the City Clerk.
Of the three target areas depicted, Community Development and Services Coordi-
nator.Frank Gray indicated the staff had done a comprehensive survey and
selected target area "B" as the area where public improvements could be best
used and where rehabilitation loans could be put to the best advantage. The
Department of Housing and Urban Development concurs with the staff's selection
of Target Area "B ". It is the staff's recommendation that the Council desig-
nate this area as the rehabilitation neighborhood for the City of Petaluma.
The $66,000 allocated for the 1976 Community Block Grant would be spent for
public improvements in this target area. The funds would be used for improve-
ment of the high - crowned streets and sidewalk repair.
Vice -Mayor Brunner asked when the remainder of the community would have an
opportunity to avail themselves of rehabilitation loans. Mr. Gray indicated
the specific setup for neighborhoods under the Department of Housing and Urban
Development will only be available now for the target areas selected. Under
the State of California's funding proposal, the Marks -Foran Program,,the entire
community would be available for housing rehabilitation loans. Vice -Mayor
Brunner also expressed some concern if this particular neighborhood did not
accept the program and the public works monies have been expended, would.the
funds be available for other areas? Finance Director John Scharer stated
within the boundary of Area "B ", the programs as outlined are on a voluntary
basis. If it is found through neighborhood meetings there is no interest, the
public works monies would not be expended. Mr. Gray indicated he could not
foresee any problems of lack of interest, as loans for rehabilitation would be
available from private institutions at a 3% interest rate. He did state,
however, if there are not enough property owners in the area who want to avail
themselves of the program, the City could select another target area.
Resolution establishing neighborhood boundaries for Housing Rehabilitation
Program - Community Block Grant Funds, was introduced by Vice -Mayor Brunner,
seconded by Councilman Hilligoss, and adopted by 5 affirmative votes. Council-
man Cavanagh abstained from voting because he resides in the target area.
Councilman Perry abstained from voting because he owns property in the target
area, three parcels on Baker Street.
REQUEST HUD REVIEW Community Development and Services Coordinator Frank ��
NEIGHBORHOOD REHABILI- Gray stated this action relates to the action taken on
TATION AREA FOR the Neighborhood Rehabilitation Area. It was his
SECTION a12 LOANS recommendation the Council request the Department of
RES X67629 °NCS Housing and Urban Development to do a feasibility study
for Section 312 loans for Target Area "B" and report
back to the Council on the availability of loans for
__. the project.
Resolution X67629 N.C.S. requesting the United States Department of Housing and
Urban Development to review the eligibility of Petaluma's Neighborhood Reha-
bilitation Area for Section 312 loans, was introduced by Vice -Mayor Brunner,
seconded by Councilman Hilligoss, and adopted by 5 affirmative votes. Coun-
cilman Cavanagh and Councilman Perry abstained from voting for same reasons.
FEDERAL PUBLIC WORKS
ACT APPLICATION
under the Local Public
Two letters had been received by the City Manager from V 7oO
the United States Department of Commerce, Economic
Development Administration, Seattle, Washington, advis-
ing the City of Petaluma the applications for funds
Works Capital Development and Investment Act of 1976 for
a $236,208 grant for construction of a community park development in Petaluma,
and for $1,728,223 for constructing streets in the City of Petaluma, had been
denied. Copies of the letter are on file with the City Clerk.
4 8 2 January 3, 1977
FEDERAL PUBLIC WORKS A report prepared by Community Development and Services
ACT APPLICATION Coordinator Frank Gray, dated January 3, 1977, for -
(Continued) warded to the City Manager, regarding the non - funding
under the Public Works Act of 1976, . is on file with the
City Clerk. Mr. Gray stated for every 15 projects
submitted from California, only one was funded. Napa County had received
substantial grants for projects; however, they were not competing for the same
funds as the City of Petaluma and the County of Sonoma. Various districts and
communities in the County of Marin did qualify for monies for areas of high
unemployment. It was his understanding these cities and special districts used
the average per capita income and unemployment rate for the Oakland /San Francisco
Standard Metropolitan Statistical Area in their grant applications.. As a
result, they showed very high unemployment rates and very low incomes.
There was a brief discussion on the $1,000 in the report relating to air quali-
ty information needed for the various.projects which the City had anticipated
doing under the Federal grant. Mr. Gray stated even if the grant funds are not
available at the present time, if any of the projects are to proceed, this
information would be necessary, and the contract had already been awarded to
accomplish the study. Mr. Gray advised anew proposal is being introduced in
Congress to .expand the $2,000,000,,000 already allocated to $4,000,000,000. Mr.
Gray further stated the allocation process was done principally by computers
which probably caused the rejection of the applications for Sonoma County and
the City of Petaluma.
Councilman Hilligos's'suggested letters of protest be written to the District
Congressman, as well as the Economic Development Administration. Mr. Gray also
indicated when he telephoned the EDA office in Seattle, they advised him the
listing of the projects would only be released to the Mayor or the City Manager.
Mayor 'Putnam asked that a formal request be forwarded to EDA asking for the
projects funded.
REPORT ON DUMPSTER Fire Chief Joe Ellwood reported there had been 15 fires
FIRES & ALLEYWAY in dumpsters during the past five weeks. Most.of these
REFUSE*PROBLEMS have been in the downtown area. The problem of refuse
in the alleyways had been the subject of a meeting
which Public Works Superintendent Roy Kelly attended
with some of the downtown merchants. This problem has now been'compourided by
the number of fires purposely set in dumpsters which are placed in confined
spaces and contain a great deal of combustible material. Chief Ellwood in-
dicated he would like to set up a meeting, with the Petaluma Refuse Company,*the
Downtown Merchants'.Association, the Public Works Superintendent, and repre-
sentatives from the Fire.Department, to see if the problem cannot be allevi-
ated. Councilman Mattei indicated he would like to attend the meeting also.
P PROPOSED, °MANDATORY City Manager Robert Meyer referred to an article which
0 WATER RATIONING BY had appeared in various newspapers throughout the State
\)�O THE STATE OF regarding mandatory water rationing to"be imposed by
V CALIFORNIA the State of California., Of the 29 cities and districts,
Petaluma had been singled out as one which would come
under the mandatory water rationing program.. Iri doing
some research, Mr. Meyer learned Petaluma was selected because it was one of
the cities which had imposed some type of water rationing during the past year.
These seem to be the only areas which were included in the Governor's plan.
Mr. Meyer then reviewed the daily water consumption from the aqueduct.for the
month of December during the year of 1974, 1975, and 1976. He stated he had
contacted the State, as well as Mr. Gordon.Miller from Sonoma County. Mr..
Miller had not been advised officially of the action taken by the Governor's
Office. The recent rains, according to Mr. Miller, would only add one more
day's water supply and would provide adequate water to July 1 ins,t'ead.of June
30. Mr. Meyer indicated the wells in Petaluma are capable of producing about 2
million gallons of water per day. If there is rainfall and
water is not available from the aqueduct, Petaluma would Have to .take stringent
measures during the summer months.
Councilman Cavanagh.questioned several points brought out by the Governor's
Office, including the fact the State indicated they have the power to order
rationing and conservation measures. He felt one of the reasons for selecting
Petaluma as an area for rationing was the report the City did not have adequate
storage capacity. He feels we have as much storage capacity as other communi-
ties in the County. Mr. Meyer indicated he had been in touch with Ronald B.
Roty.ie of the State Water Resources Board and he and Gorden Miller agree the
problem is not only Petaluma's, but a county -wide problem.
January.-,3, 1977 4 8
COUNCIL WORKSHOP City Manager Robert Meyer reported a special workshop
has been arranged for January 13 and 14 at the Mire-
monte Hotel in Santa Clara. The title of the workshop
is "Effective Conduct'of Council Business ". Mr. Meyer asked if any member of
the Council is interested in attending to contact his office and arrangements
would be made.
In the course of the discussion, it was pointed out there is a loading zone on
Western Avenue, and also, there is a rear entrance to the building where Weller
Hopkins presently is located.
A motion was made by Councilman Cavanagh, seconded by Councilman Perry, to
install two parking meters to replace the yellow zone on Keller Street in front
of the Tuttle Drug Store. Motion carried unanimously.
It was determined to give further consideration to the removal of the parking
spaces on Keller Street to accommodate the present location of the Weller
Hopkins Furniture Company.
DENY REQUEST FOR Planning Commission Resolution No. 30 -76, recommending +/
ANNEXATION TO COUNTY denial of request for annexation to County Service Area V
SERVICE AREA NO. 19 No: 19, submitted and filed; excerpts of the Planning
(PETALUMA POULTRY Commission meeting of December 21, 1976, submitted and
PROCESSORS) filed; staff report dated December 20, 1976, from the
RES #7630 NCS Planning Department to the Planning Commission regard-
ing said annexation, submitted and filed; letter dated
December 13, 1976, from Sonoma County LAFCO referring
the application to the City of Petaluma for review,
submitted and filed.
Planning Director Ronald Hall located the area for the benefit of the Council
on the overhead projection unit. The applicant is Allen Shainsky of Petaluma
Poultry Processors. The firm wishes to place a feed mill operation in this
location and connect the building to the Penngrove Sewer Line. Mr. Hall stated
the Council, by their Resolution #6893 N.C.S., indicated a concern for the
subject area, particularly the problems which required the Sewer District to be
formulated because of failing septic tanks which created a,public health pro-
blem. The concern of the Council at the time of adoption of the resolution was
that there should be a local land use plan adopted for the area in conformance
with planning laws and regulations to provide for the needs of this area. This
particular request is outside the area where such a plan was developed, and for
that reason, the staff gave a negative report. Mr. Hall stated the project has
merit and is an agriculturally.related industrial use, but the problem still
exists that consideration should be given only to those property owners who
assumed the obligation for the district. A Use Permit was approved by the
Sonoma County Board of Zoning Adjustments; however, it is Mr. Hall's under-
standing this permit is to be appealed by the neighbors in the area.
Mr. Charles Baum, one of the owners of Petaluma Poultry Processors, was present
and asked the Council to permit Mr. Herb Bundesen, a local realtor, to speak on
his behalf.
Mr. Bundesen pointed out the operation would be to process feed for Petaluma
Poultry Processors and none would be sold for other uses. At the present time,
the company is unloading feed near the Leisure Lake Mobile Home Park. The
proposed site is eleven acres and the milling operation would be in the south-
COUNCIL REPORTS
YELLOW ZONES -- WELLER
Councilman Cavanagh reported the Traffic Committee had{ /I7
HOPKINS FURNITURE,
a request from.Mr. Brown of Weller Hopkins Furniture v
TUTTLE DRUG STORE
Store for a 40 -foot loading zone just off Western
Avenue on Keller Street. This would mean removing two
parking meters. He also reported the loading zone
previously serving the Weller Hopkins Furniture Store when it was located on
Keller Street, where
the Tuttle Drug Store has now expanded, could be removed
and parking meters placed in this area. The request was to trade the two
parking meters now in
position in front of the Weller Hopkins Store on Keller
Street at its present
location, for the two spaces adjacent to the expanded
Tuttle Drug Store.
In the course of the discussion, it was pointed out there is a loading zone on
Western Avenue, and also, there is a rear entrance to the building where Weller
Hopkins presently is located.
A motion was made by Councilman Cavanagh, seconded by Councilman Perry, to
install two parking meters to replace the yellow zone on Keller Street in front
of the Tuttle Drug Store. Motion carried unanimously.
It was determined to give further consideration to the removal of the parking
spaces on Keller Street to accommodate the present location of the Weller
Hopkins Furniture Company.
DENY REQUEST FOR Planning Commission Resolution No. 30 -76, recommending +/
ANNEXATION TO COUNTY denial of request for annexation to County Service Area V
SERVICE AREA NO. 19 No: 19, submitted and filed; excerpts of the Planning
(PETALUMA POULTRY Commission meeting of December 21, 1976, submitted and
PROCESSORS) filed; staff report dated December 20, 1976, from the
RES #7630 NCS Planning Department to the Planning Commission regard-
ing said annexation, submitted and filed; letter dated
December 13, 1976, from Sonoma County LAFCO referring
the application to the City of Petaluma for review,
submitted and filed.
Planning Director Ronald Hall located the area for the benefit of the Council
on the overhead projection unit. The applicant is Allen Shainsky of Petaluma
Poultry Processors. The firm wishes to place a feed mill operation in this
location and connect the building to the Penngrove Sewer Line. Mr. Hall stated
the Council, by their Resolution #6893 N.C.S., indicated a concern for the
subject area, particularly the problems which required the Sewer District to be
formulated because of failing septic tanks which created a,public health pro-
blem. The concern of the Council at the time of adoption of the resolution was
that there should be a local land use plan adopted for the area in conformance
with planning laws and regulations to provide for the needs of this area. This
particular request is outside the area where such a plan was developed, and for
that reason, the staff gave a negative report. Mr. Hall stated the project has
merit and is an agriculturally.related industrial use, but the problem still
exists that consideration should be given only to those property owners who
assumed the obligation for the district. A Use Permit was approved by the
Sonoma County Board of Zoning Adjustments; however, it is Mr. Hall's under-
standing this permit is to be appealed by the neighbors in the area.
Mr. Charles Baum, one of the owners of Petaluma Poultry Processors, was present
and asked the Council to permit Mr. Herb Bundesen, a local realtor, to speak on
his behalf.
Mr. Bundesen pointed out the operation would be to process feed for Petaluma
Poultry Processors and none would be sold for other uses. At the present time,
the company is unloading feed near the Leisure Lake Mobile Home Park. The
proposed site is eleven acres and the milling operation would be in the south-
4 8 4 January 3, 1977
DENY REQUEST FOR
east corner on approximately one acre of land. The
ANNEXATION TO COUNTY
plant would be completely automated, employ five mill
SERVICE AREA NO. 19
workers and three drivers. If the project is permitted,
(PETALUMA POULTRY
the unloading facility near the Leisure Lake Mobile
PROCESSORS) -
Home Park would no longer be used. The principal's have
RES X67630 NCS
studied various sites and this one has been given a
(Continued)
Negative Declaration by Sonoma County. Their reason
for selecting this site was because of its proximity to
the railroad and the future availability of sewers.
Mr. Bundesen indicated
he did not feel the operation would produce more ef-
fluent than a single- family dwelling_ He also felt the operation would basic-
ally add to the area's economy.
When asked by Councilman Cavanagh if there is a spur track to this site, Mr.
Bundesen indicated the Petaluma Poultry Processors would have to pay to have
the spur installed.
In the ensuing discussion, Mr: Bundesen was reminded the Council had recently
turned down a request for a single- family residence for inclusion in County,
Service Area No. 19. Mr. Bundesen was asked whether or not consideration had
been given to other a =reas in County Service Area No. 19 which had formed an
assessment district for sewer and water. Mr. Bundesen indicated this was their
best selection because of the proximity to the railroad and their ability to
construct a spur to the site. He also stated the balance of the land would be
zoned agricultural and felt this was not a proper type of industry to be placed
in an industrial park because of the grain elevators. He did not feel the
operation would fit harmoniously in those areas.
When asked what the alternative would be if the Council denied.annexation to
the County Service Area No. 19, Mr. Bundesen indicated they would have to
engineer the project for septic tanks.. Councilman Mattei suggested this may be
the way they would have to go at the present time, and after the planning for
the area has been done, and the City reevaluates, it may be possible to service
the area. He.concurred with Councilman Harber feeling.that' the Council,
by turning down a single - family residence where the applicant was unable to
build his home, had a moral obligation to deny this request also.
Mr. Fred Schram, Manager of the Petaluma Area Chamber of Commerce, spoke in
favor of the project, stating this particular site, being adjacent to the
Northwestern Pacific main line, had a great deal to do with the selection of
the site. Mr. Schram also indicated there is another major industrial concern
which has selected a site south of Wickes Lumber Company which will be coming
to the Council asking for permission to have City services provided. Mr.
Schram indicated the Petaluma Poultry Processors had investigated the possi-
bility of remodeling an existing mill, however, their advisors indicated it
would be less expensive to build a new mill than to remodel an older one. He
urged the Council to give favorable consideration and hoped that some solution
to the problem could be found.
Mr. Meyer indicated the new industrial complex about which Mr. Schram spoke was
Friedman Bros., which will be contiguous to the City limits and they would be
able to annex to the City and receive City services. Another point brought out
by Mr. Meyer was the fact the Petaluma Poultry Processors would next be asking
for water service-to the site. It was his understanding the County advised if
the City refused to serve the site with water, the County would serve it off
the aqueduct. Mr. Meyer indicated he didn't understand how the County could
make a commitment to serve water from the aqueduct until the serious water
situation is cleared up. Fire prevention and sprinkler systems must be con-
sidered and if.the City cannot be-assured of water after June of this year, it
would be doubtful if they could serve additional customers.
At the conclusion of the discussion, Resolution X67630 N.C.S. denying the.re -
quest to LAFCO for annexation to Service Area No. 19 (Allen Shainsky), was
introduced by Councilman Harberson, seconded by Mayor Putnam, and adopted by 4
affirmative and 2 negative votes and one abstention. Councilman Cavanagh
abstained from voting because of ownership of property in the -area. Vice- Mayor
Brunner and Councilman Perry voted "no ". Vice -Mayor Brunner indicated he was
reluctant to see people denied service because the County refuses to take
action on,a.plan for the area.
January 3, 1977
RESOLUTION DENYING
APPEAL - -JON W.
GHIRINGHELLI
(WILLIAM TIMMER
REALTY)
RES 7631 NCS
(DEFEATED)
485
Planning Director Ronald Hall stated this was an appeal
��
of the Planning'Commission's decision to deny a varianc
for a request for a free - standing sign for a proposed
office building to be located at 420 Petaluma Blvd.
North. He reviewed the site location on the viewfoil
for the benefit of the City Council.
Mr. Hall explained on one side of the property is the R
& E Automotive Service, which is built to the lot line,
and on the opposite side is a Mobil Service Station at the rear of which is a
car wash operation. The Planning staff did not feel that the applicant had
justification for a variance under State law. Mr. Hall stated there is an
excellent design for the building and because of the design flexibility, they
could move the building back 30 feet and still have the required parking.
Because of this flexibility, the staff did not feel they could support the
findings to allow the free - .standing sign. Mr. Hall stated if the developers so
desired, they could move the building to the front of the property line and
have the sign attached to the building. The applicant felt this concept would
not permit the travelling public to have beforehand sight of the sign, but the
Planning staff did not feel this was a justification for a variance. The staff
understands the developers' reasons for not wanting to move the building back
because of the aesthetic value. This, however, is a hardship which could be
construed as self - imposed because of the design flexibility. Mr. Hall stated
it would be easier for the developers to obtain a variance for the building to
be moved forward than for a free - standing sign. The Planning Commission sup
stained the recommendations of the staff and recommends denial of the variance.
Mr. Jon W. Ghiringhelli addressed the Council. He felt his appeal should be
upheld for various reasons. The R & E Automotive building is a nonconforming
building built right up to the sidewalk, which blocks the view of his proposed
structure. If he.moved the building back 30 feet, he would lose two parking
places, and felt this is impractical. Moving it forward would create a noise
factor, as it would be closer to the street. Mr. Ghiringhelli stated he pro-
posed to have two tenants occupy the building along with the Timmer Realty
Company. Because he expects :to have other tenants occupy the building, the
only means of identification for the three offices would be by way of a free-
standing sign. In reading the criteria for approval of a variance, he feels
the proposal meets the criteria. Mr. Ghiringhelli also stated he had reviewed
the line of sight according to the specifications drawn up by the AAA. If the
free - standing sign is permitted, it would create less of a traffic hazard than
having the sign attached to the building.
There was discussion regarding the revision of the Sign Ordinance and how this
would affect the proposal presented by Mr. Ghiringhelli. It was brought out
the ordinance may not, even when revised, permit free- standing signs.
Mayor Putnam questioned whether or not the building could be built and the
matter of the sign placement determined at a later date.. Community Development
and Services Coordinator Frank Gray responded one of the findings the Council
must make is that the problem is not being created by an act of the owner. The
builder chooses to construct the structure closer than 30 feet from the street
and, therefore, the problem is being created by the owner.
Councilman Mattei commented he would like to see the Sign Ordinance revised to
permit free - standing signs as the ones he has observed in other communities.are
attractive, well designed, and an asset to the community.
City Manager Robert Meyer felt the applicant should be advised if the Council
takes action on the matter at this meeting and denies the variance, under the
present rules, no action could be taken within one year on the same variance.
City Attorney Matthew Hudson further stated if the Council denies the variance,
but changes the ordinance, then the appellant could apply for the sign under
the new ordinance if free - standing signs were permitted. Mr. Hudson also
called- to the Council's attention findings they must make in granting the
variance by quoting Section 26.303.1 and 26.303.2 of Zoning Ordinance No. 1072
N.C.S.
Resolution #7631 N.C.S. denying appeal of Jon W. Ghiringhelli and sustaining
the recommendation of the Planning Commission was introduced by' Councilman
Brunner, seconded by Councilman Hilligoss, and DEFEATED by the following vote:
Ayes - Vice -Mayor Brunner, Councilman Hilligoss, and Mayor Putnam. Noes -
Councilmen Cavanagh, Harberson, Mattei, and Perry.
4 8 January 3, 1977
' RESOLUTION DENYING City Attorney Matthew Hudson advised the Council by
APPEAL - -JON W. their action, they had upheld the appeal of Mr. Ghir-
GHIRINGHELLI inghelli; however, it would be necessary for them to
(WILLIAM TIMMER act on another motion and have a resolution prepared
REALTY ) stating the findings for granting such a variance.
RES #7631 NCS City Manager Robert Meyer asked the City Attorney if
(DEFEATED) the Council could take the matter under advisement in
(Continued) order to verify some of the problems which have arisen
since the defeat of the resolution.
Mayor Putnam advised Mr. Ghiringhelli the action taken by the Council this
evening on the denial of the variance lost by a split.,•vote. The appeal was
upheld. Subsequent action which would permit the construction of the free-
standing sign has to be based on the findings as outlined in the Zoning Ordi-
nance, and a resolution has to be prepared upon which the Council will vote.
Both Councilman Harberson and Councilman Cavanagh indicated they were prepared
to vote on such a resolution and asked for the action to be taken at this
meeting.
At this point in the discussion, Community Development and Services Coordinator
Frank Gray advised he may be able to offer an alternate solution, and if the
Council and the applicant can agree, the matter could be held in abeyance and
the staff could work with the applicant. There is a provision for acceptance
and modifications in the ordinance which states that if more than 40% of the
buildings on the block or a lot is situated between existing lots where the
buildings face directly onto the front property line, the new building may also
extend to the front property line. 'The block in which the applicant wishes to
build has 40% of the properties built to the front property line, therefore, a
structure could extend into the 10 -foot area. Mr. Gray's recommendation was to
extend the riverstone wall at a low level, which would be a feature of the
building, and install the sign on this low wall. If this.can be.done,. it would
comply with the ordinance, no variance would be necessary, and the matter would
not have to come back to the City Council. Mr. Gray indicated he would like to
have an opportunity to explore the proposal with the City Attorney and the
Planning Director before actually making a full recommendation to the Council.
If this matter is approved, the applicant would have to.ask fora modification
to the site design review.
SET PUBLIC HEARING Resolution #7632 N.C.S. setting time and place of
DATE -- JANUARY 17, 1977 public hearing on the appeal of 7- Eleven Food Stores
APPEAL 7- ELEVEN STORE regarding requirement of Planning Commission for an
EIR REQUIREMENT environmental impact report for proposed store at 201
RES #7632 NCS South McDowell Boulevard, Petaluma, was introduced by
Councilman Hilligoss, seconded by Councilman Perry, and
adopted by 7 affirmative votes.
AMEND ZONING ORDINANCE Ordinance #1232 N.C.S. amending Zoning Ordinance #1072
TO.RECLASSIFY. NORTH- N.C.S. by reclassifying the property located at the
EAST CORNER ELY ROAD northerly corner of .Ely Road'and East Washington
&.EAST WASHINGTON ST. Street, consisting of 20 acres, from PUD (Planned Unit)
(KAISER AETNA) District to R -1- 6,,500 (Single- family Residential)
ORD #1232 NCS District (Kaiser Aetna), was introduced by Councilman
Perry, seconded by Vice -Mayor Brunner, and ordered
published by 7 affirmative votes.
ADJOURNMENT There being no further business to come before the
Council, the meeting was adjourned to an Executive
Session at 11:43 p.m.
Mayor
Attest:
Y , I
City Clerk