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HomeMy WebLinkAboutMinutes 01/30/1973MIN:.UTES OF MEETING OF CITY COUNCIL FETALUMA, CALIFORNIA ,January 3 0 , , 1973 Council- Meeting _.Adj.ourned, meeting of the Council of the City of.- Peta -luma was called to order-by Mayor, Putnam, the hour of 4:00 o'clock p.m. Attendance DevelopmentlAllotment Ratings Construction Year Presents:. Councilmen.Brunner, Cavanagh, Jr., Daly, Mattei, and Mayor Putnam. Absent,: .- Councilmen Clecak and Perry, Jr. Residential Development Evaluation Board rankihq;s Mr: Carlton F.. Reinaldo Chairman, Residential Development Evaluation - Board, appeared before the Council and.explained the Board's rankings of the 16 applications-for development allot- ments for the 1973 -74' construction year as -- contained in report; dated January 22, 1973. Said report submitted -.and 'filed. Tally, of point rating by housing type category City Manager_Robert Meyer presented a tally of the development allotments by point ratings showing the housing type category on the east side and,on.the west side of the City. (NOTE: The freeway, Highway..-101, being the geographical .split line.), Said report submitted and filed. Mr:.Meyer. ;noted that the breakdown was prepared .in accordance with Resolution. #6113 N.C.S. and .page 24..of -the Housing Element of the General Plan,. List of applicants' appeals The City Clerk read the list of applicants Who filed written.appeals.on.the points received .from ; the Evaluation Board, January 10, 19;73, hearing meeting.. They are as follows: 1:. Caster , Corporation.for Petaluma Estates Mobile Home Park .Development.Allotment Application. V. 2, Qantas D.e,velopment.Corporation Green- �briar­ West, Development - Deve opment Allotment,. Application #3. 3.:. Qantas Development Corporation for Green- Allotment Application . #4 4. J.; W. Combs for Cherry Street Subdivision - Devel-opm.en.t Allotment Application #16. 5. Cariville Enterprises on behalf of Petaluma Partners - Los Pinos Development - Develop - meat Allotment Application #12. 6,. Camille Enterprises for Vineyard Hills Subdivision - Development Allotment Application #15. Letters of appeals submitted and filed. ?64 January 30, 1973 Developmen,t,.Allotment Ratings -- 1.973 -74 Construction Year (continued) Planning- Department confirmation. o;f. appeals ; Resolution #6113 N- .C.S., Section VI a -, stipulates that. -it is the`° n.tent of the Council to listen to•only, those applicants who have requested reevaluation by Board and are still dis- sat sf with`"the B'oard's decision. Report, dated January 3 0, 1;9'73, from the_ Planning, staff confirming whether or not the items appealed are the same points._appealed to Evaluation Board,.submitted and filed. oral presentation.of appeals Mayor Putnam -then called for further oral presentation from each of .the applicants who appealed of.ficially. A 5- minute time limit was set each presentation.- Allotment Application #'7 - Petaluma Estates Mob le , Home Park Mr,.,Peter. Sardagna, Vice President of Caster Corporation,, addressed the Council and pointed out inconsistencies in the - Board's voting, particularly with to Criteria B- 5'(schools) and C -7 (orderly - development).. He claimed that the- development.will not be an impact on schools as it is ° pro.posed to be an adult project and that the - development accomplishes an orderly and contiguous . extension of the exi -sting develop- ment..as opposed'to a "-leapfrog developmen.t." Mr. Jerry Caster, President-of the corporation, also appeared in support of the appeal. Allotment Application- #3.:` Greenbriat West Development: Mr. Jon Joslyn, representing Qantas Development - Corporat ion ,,Cpointed out to the Council the fact that 2 'o-f the 3 . Board -- members who rated zero for Criteria B'3 ('drainage) ..reversed their vote after hearing t:estimony.at, the appeal session that the d- ra.nage was .adequate' for the development and supported b' letters from the Sonoma County "Water Agency and the City. The third member "wa's,• =abs'ent at the hearing. and -the vote remaned - as - the only zero for B' -3. Mr.. Jo.slyn.asked'the- Council•to grant.an addi- tional 5- points'due'to.the aforementioned proof that the drainage , was•ade.quate.and.the peculi- arity o.f on =1y 1 Board member having a zero vote die to •absence at the hearing. He also - requested that the rating for B- 5.(s'chools) be ...equal to match' the rating - for. B -5 on Allot - meet Application #:1 (Norman Johnson development located -. -in the. same school area) . Allotment Application #4 - Greenbriar Mr.. Jos - . stated, - - that" the drainage appeal for Application #3 al,s:o applies to this.develop men -t., 1 ilr January 30, 1973 Development Allotment ° Allotment:Appl cat Ratings - -1973 -74 - Subd'ivision Construction Year 41.6 - . C 265 (continued)._ Mr.. Barry. D.. Parkinson, attorney representing .J.. W.. Combs, developer, further appealed on Criteria .B -6 (s -eets) - and pointed out that Mr Combs - -, plahs,,to repair the existing road condition... Mr. Parkinson was informed that appeals; =on Cniteri °a C were not presented to the Board ,and,, therefore, notl be considered by _ the Council. Allotment- Application #12 = Los Pinos Mr. Pat McGuire of .Camille:Enterprises, speaking on behalf of.Petaluma.Partners, appealed the zero;.votes on Critera.B -1 through B -6, with the.exception of B- 4,;,on the basis of r:eceived:' from the various, governmental agencies stating.that,all'facilities would be made - _ available., Allotment Application #15 = Vineyard Hills Mr :..Pat McGuire of.,.G:amille Enterprises pointed .. out that an' ;effort .was , xmade to comply with all the.,requirements of the Board . with - regard to p.resentaation;of the. development' but due to -high engineering costs involved with the hilly ter'rain,,of the area, it,was impossible to subm t. the- necessary documents and a -slide presentation was ,made to the Board of the various.pr.oj:ects :that would apply to the level- .opment. He:.r:equested Council consideration of _ the-pr.oject..because. financial impact to the "City. Consideration of. appeals- Before proceeding _with -. consideration of the _applicantsj'- _appeals, the matter of, giving priorities., of those - applic.aits within. the. City :_limits As opposed to tho.se,outsi.de the City was. d sc.uss.ed .and. the Council determined. that no ;priorities would be - - iven at this time. In --view of .the.faet.that. being inside or outside of - the City limits,, .was••not considered by the :, Eval-,uation..Board, , it was felt by the Council that to , do. so, at .this time would change ' the ru-les.• Councilman, Daly. was ,of the ,opinion that preference.should be given to the applications .within the City. -Also discussed was the point that Criteria B -5 .- (schoo.ls) . findings are .subj,ective and > bas'ed more on j.udgment_than fact. For Counc,i- l•information and of vote changes,. Mrs. Dona Cook, - member of the Evaluation - Board., ?•.,pointed out that at the. Board' s appeal session,,J,anuary 10, 19.73, 3 Board mem- _ berss were :.abs,ent -: -Board members. #3, #4, and #14. It was.,clarified to Mr. Cooper, representing Norman Johnson,.Allotment Application #1, that only. new evidence and. testimony, presented by the applicants -.are to be considered by the Council on the appeals*. 266 January 30', 1973 DevelopmentAllotment Ratings--1973-74 Construction Year (continued) Recess= Mayor Putnam declared a recess at_5::50 o'clock p.m. The meeting- reconvened at 7:40: o'clock Council action on,a'ppeals: In the discussion -on 'vote c17ianqes:1, . the minutes were read o;f the EValuation session January 10, 1973 with regard to the Board"s method of changing votes. Said, minutes - submitted,and filed. 'otment-Application #7'- Pe'ta Mobile home., Parx - Caster Co-rpor Mr. Sardagna again claimed a number of incon- s1sten 'in the vot:es... upon -consideration of all the facts", a motion was: made -by Council- man Cavanagh,.Jr. and seconded by:Councilman Daly accepting the•rating the DevelopMpp , t ..,EValidati6n, . Board. M otion carr ied unanimously. Allotment Application #•3 = GreenbrIar West Qantas Developirient Cor-pbration-i . .In - dis-dussing - the^vote-chang.e,requested for B-.3 (drainage)',-; ' rs' it was noted by -Mr . Dona Cook of°.-th Residential _'D6velopment EV . altiation Board (sub,stlt-utIng for Board. Chairman Carlton Reinaldo) that on this p4rticular Board did not' overrule the absent Board member's vote and felt .that�'such* a- be considered at Council 1-evel,. if,, there was suffilcieht reasoning to .do -.s.o. Mr. Robert &'Neel:of•Q � io, antas Development, n I le presented etters from the: County Water-Agency and fr ' er-inq f irms - ve pm - engine irms verl ying that. the .drainage faci.lities - already. installed" are adequate for - proper drainage of the .proposed devel-opment.. , .'Mr.. ONeell conceded to - E -, he judg- ment f actor .on - th - & - .-scho,ol i8s;ug,, but urged the 'Council. . chaChging. the absen't .. Board mbmber's, vote on B-3 based on the facts pres I ented. Following thorough-review of the evidence pre- s`enteld,,. a motion was -made by 'Councilman,. Dal and seconded by—CoLincIlman Mattei to accept the ,re.commendation.of the Board on B-3. Motion was defeated by the .f ollowing - vote:, Ayes-. Councilmen and Mattei. Noes: Councilmen-Brunner, Cavanagh,,.Jr., and Mayqr Putnam. Absent:,. Councilman , Clecak and Councilman. Per A- was then Gouncilman Brunner and :seconded by Mazy Putnam gtantlng an addi7 tionaL-5 points to the ap.plica_nt B-3 - on ' the ground's that there's, in fact, adequate drainage for th& development,- Mot carried by 5 aftirmative.- votes , 2 absentees . . January 30, 1973 26 7 6 Development Allotment Clerk was directed to change Board Ratings--1973-74 .. The•City member #14 vote from zero to 5 points to re- Constru Year flect.the.Counci_l's_action. (continued) Allotment,Appli '#.4. Greenbriar It. was '-poin-ted, out - by Mr. Joslyn that the adequacy of-drainage on this development was indicated at.the . same time as the adequacy of i -1 nage for Allotment (ira - Application #3. Mrs.. ..Cook -irif orme'd the, Council that the Board felt the--samb regarding. this application as for Allotment Application #3; whereupon a motion ' was made by'Cou*nc'ilman*:Daly and seconded by ' Councilman Brunner Allotment� Application #4, B-3 '(drainage) , Board member #14, from zero -t - o 5 'points.. Motion carried unanimously. The City Clerk was directed to change the tallies. -accordingly. Allotment- Appl!icati6n A,16 Cherry ' Street Subdivision As.poin'ted out by the City Attorney, it - Ehe-.consensus of that.items under . triteria*C value-judgment factors and no action was -taken on the Criteria C items appealed -(C-4j and C-8) . Also, as so _stated in the Planning staff's confirmation of -appeals, no appeals were made.to the Board regarding Criteria C i tems. r -6 In regard to Crite'ia (streets) appeal, a motion.was--made by Councilman Cavanagh, Jr., - c an&seconded by Coun il man Daly upholding the Board's decision. Motion carried unanimously. Allotment Application #12 Los Pinos: -Mr.....MdGuire,-the app-li-cant, stated that letters have bee-n-filed,evidencing adequacy of water (B�1), sewer (B"2); and drainage (B,-3) and claimed that the same reason for the Council changing the vote on A-ilo ' tment Application -d #A­applie�s_i case. However, #3.an n, this c , in - reviewing letter,j dat 18, 1972, from.'Director of Public Works David Young, water adequady was -questioned. .,SInc the applicant submitted an appeal on a number of Grite'ria-,B.and C items, the Council decided to separate the Criteria-B items into the following 3 groups for consideration and a B--l;- B-i2 and B-.3; B-5 and - 13-6. (No action on Criteria C items.). Criteria B-1: Af te r con s1de'xing -water.* adequacy, a 'motion was made by C ouncilman Cavanagh, Jr. and seconded by. Cothdilmah.Briinner, the Board's - c * ' de -sion on Criteria . and adopted by the fol­low_ing vote.: AYES : Councilmen .,.Brunner, Cavanagh, Jr. and Mayor: Putnam. .NOES: Council-men•Daly and Mattei. ABSENT: Coun.cilmen and Perry, Jr. (268 January 30, 1973 Development:,Allotment - Criteria B-2 and - B - =3-. Ratinga=1:973 -7 Construction Year More discus:sion pursued and Mrs.. Cook.r (continued) viewed' the .'Bo.ard`s discussion on the zero Votes". re Criteria B7. B-,2', -and.'B-.3. She reported that hone of "the votes were chan§qd._ Fur--ther. review,,of Public Works Director David Young,'s* let of Sept 1972­ indicated- adequa.,te., and together with other - letters pr..e by Qantas Develbpment C6r'oratio adequacy, .a Motion was made by - CoidnciIman Cavanagh.-,,Jr., seconded by, Councilman.,Br,unner, cha:11ging votes f B_3 or Criteria - B-2, and B3 fdr * - Board - Board member #16 to 5 points. Motion carried unanimously. The City Clerk was * directed to reflect this change - the land on . the -tally for the reason that fa6ts,were. - presented by letters from.various agencies evidencing adequate sewer and-drainacre for -the development. CrIterid. B:: 5 ARegarding,Criteria B,-5 and.B-6 (streets) a, ffioti made by Council . man Ca I vanagh, Jr., 'and seconded by Co,unc.lman Brunner upholding the poard,s de,dlsion, -was, adopted- by 4 . affirmative an d,l"negative 2 absentees; Councilman Paly voted "NO." Criteria C-1 through C-7 on Criteria C-1 through C-7,. Mr. - McGuire. expla ined questions r _ by the Board regdrding the. change in the con- . cept•of-the d6ve.lopment. He-assured the Council that there. would be no change and 'that the 100 unit would remain as presented; however as no appeal was made to th'e on-. Criterid C-1 th"rough C-T,, as conf irmed' byl.' the.Pianning sta:fi,,plus the fact that decisions re Criteria ,C were , conside , r-ed"subjbctive,'no . action :was taken : by,the Council. AliQ,tnent Application #15 7 Vineyard Hills: Further- ,appeals were: -made, by Mr. I McGuire on the Board's ratings,, and after con sion, a mo on wa ' s. made. by Mayor - . Putnam and' se68n_dqd,by-C6uhcilman Brunner .. upholding the B6ard's, decisdonon alIl the votes for Allotment Application #151. adopted by 5 affirmati've votes, 2 abs•entees.- List of Allotment Appli cat ions-. by p.o.ihts:- Upon conclusion .of the appeals action,, the City Clerk was directed to turhish -the, City Attorney with a liat•of,the applications starting with those-projects receiving the, most ,evaluation, Pqints, in each category and proceeding ` down the list in order according to the' action taken by the Cou -1c,il,; the City- Attorney is. to use this list f or, pr a resolution -for action by the -Council at the February 51th meeting. January 30, 1973 9 6 ­a �Q ,2 u Development Allotment Allotffent' #1 Norman Johnson :.' Ratings'--1973-74 Construction!'. Year` . During thee. hearing i - mr-; Cooper, representing . t licatIon #l. (continued) y. n- t..*Notma A for 70 miilti-.f:amily units, spoke in regard to their decisi not to'- submit an appeale Mr. 'Johnson then addressed the CounciT (realizing a tha&the.5 addition 1 , p 6in ts granted to Qantas for Allotment Applica-ti advanced.this to. rdt #1 development for an allotment of . .l0A'mu , ltiple_-.f - amily: urfa-ts on the east side) and requested 'any balance of -,the allotment be given ff" a.S�__#L2:'_ 0 p'sit and to be considered in the' 1.0;% modifidatIon q_Ubta, if the Council so t -Resolution #'6113 N.C.S.', grantsi. as 'spelled ou in Section .3. He asked'.-that an answer be given as soon as, poss.ible. It was indicated to him that at the February 5th : meeting the legislation w "ll information relating to this request for -- Council action. Staff direc.,tion': ,­For. information to prepare the legislation, th6-.Council-by consensus decided that a maximum of.-l&O units be, for any one application. Upon-conclusion . of the meeting, Mrs. Cook e-ktend ' ed.,t--he-B6 to the staff and°C , ou , d ncil-for..-their.:coo.peration. She then preser�'tb '.a letter,­ dated January 22, 1973, offering to assist the Council ri its future resolution in rules and regulations i for 19.74 -75 Residential Development. Evaluation Board. Said submitted and filed. Adjournment There: business -- to .- come before the Councll,_-tthe - meeting was adjourned at 9:45 .o'clock to..an executive session. Mayor Attest: Clerk