HomeMy WebLinkAboutMinutes 06/19/1973MINUTES OF MEETING
OF' CITY. COUNCIL
PETALUMA, CALIFORNIA,
June 19, 1973 ,
Cofincil Meeting, Adjourned .meeting-" the City Council of the
City of Petaluma called to order by Mayor,
Putnam at the hour,o;f 2:10 o'clock p.m.
Attendance - Present: Councilmen Brunner *, Cavanagh, Jr.,
Clecak.''Daly, Mattei, and Mayor
Putnam.
Absent: Councilman;_Perry, Jr..
*Arrived at 2:20 'o' clock p.m.
Rezoning Between Re Planning.-Commission recommendation to amend I r
McKenzie Avenue and Zoning ordinance #1072, N.C.S: by reclassifying
McGregor Avenue portions of A.P. #7-- 28'0 =33., # -4.0, # -42, and
(Qantas) # -'43 from a - PCD ' ( °Planred Community) District
Ord 41091 NCS to a PUD (P'lanned Unit Development) District
(Second Reading) located between McKenzie Avenue and McGregor
Avenue adjacent to Washington Creek (Qantas
Development Corporation)
Planning Director McG`ivern presented a map of
th6 subject property and explained that the
proposed PUD zoning is the first phase of three
se.gi total development. The primary
use of PhaSe.'I is multi,- family residential with
a density of,.11.,7, for' Phla_se I and an overall
density 9.4 for the total three phases.
Ordinance #10-9•1. N.C.S, amending Zoning Ordinance
#1072 N.C.S. as recommended by the Planning
Comm was.introd:uced•by Councilman Daly,
seconded, by Councilman..Brunner,,and adopted by
6 affirmative votes, 1_ absentee.
Greenbriar.Subdivision, Planning Commission Resolution #.8 -73 recommend -
#2 Tentative Map ing approval of Greenb.riary Subdivision; Unit
Res #6331 N.CS #2, tentative map , with - Exhibit A, (tentative
map)' and Exhibit: B , ( Planning Commission condi-
tion's of approval of .M'ay, 22, 1973, and City
Engineer's letter o °f May 4, 1973.), submitted .
and filed.
Planning (lommission Resolution #9 -73 of findings
of-fact and recommendation by the Planning Com-
mi.s,sion for a mo.difi.cat.ion of the provisions
of the Subd-- vision - .: Ordinance 41046 N.C.S. (re-
ducing.lot width from 65 feet to 60 feet for
Lots #12 thro:ugh #.29, #44 through #52, #55,
457, 459, #61,. and #&3 as,shown on the tenta
t = five map), submitted and file's
Park and Recreation-Commis minutes dated
June 13,. 1.973,, submitted and .filed.
-Planning-staff addendum report dated June 18,
1973.," for Qantas -tentative map of linear park
along Washington Creek in Greenbriar Subdivision,
Unit #2 as recommended.'by the Parks and Re:crea=
tion Commission June 1,3, 1973, submitted and
fled •
Planning Commission minutes o,f May 22, 1973,
re Unit., „ #2,. tentative map, sub -
mitted and filed.
June 19, 1973
Greenbriary Subdivision Memo, dated•June 15., 1973, from City Manager
#2 Tentative Map Robert„ H. Meyer, .re Greenbriar'4 #2.• project- with '
Res #6331 NCS two letters attached dated June, 1, 1973,, and
(continued) June 13,1973, from'Qantas Development.Coipora-
tion•with a-colored attached .showing con-
structio'n phases and proposed bicyc.le.trails
and two letters attached from t- he County
Water Agency addressed to Mr. Jon Anderson..of
MacKay and_ Engineers for Qantas Develop-
ment Corppxat-ion, re possible use of Agency
right -o.f -Way along Washington Creek for trails,
submitted and filed.
Planning`D- irector William McGivern.presented
maps.of the subject subdivision and particularly
amplif -ied on the, .condition imposed by- the Parks
and Recreation Commission.
Mr Jon -D.: Joslyn and 'Mr. Robert O'Neel of,
Qantas Development'Corporaton appeared be=fore
the Counci to request and discuss the following
changes of-the conditions of approval recommended
by the P'lanning'Commission and the Parks and
Recreation Commission:
'l.. That the 3.0 -foot: wide linear `park to be
-dedicated by. the developer along the eastern
property, of Washington Creek be changed, a
20- foot park and narrowing to 15
feet an_d 10 feet.at certain-point in the R -1
area.
= 2. Concurrently, that a 0 -foot ;setback for
carport's abutting the linear park strip be
cons to. accommodate the linear'park.
3._• That landscaping of the linear :park be pro -
vided by the.in lieu fees ba -sed on the ratio
of 1 -1/2 acres'of .land per 100 units.
4. That Park Lane not•be constructed in its
entir-,'ety as part of the.first phase of develop-
merit a =s required by the City Engineer.
5, .That :the d'eveloper.reserves the right to
bring back the matter of the equity of the cost
of the construction of the bridge structures
across the Washington Creek 'flood control chan-
nel on the extension of,McKenzie Avenue and
McGregor Avenue at the Creek juncture.
After a lengthy discussion, the following
modif "ications to the.- conditions were, approved:
t
1. That the dedication of - a 30- foot.,wide linear
park°-.along: the Washington Creek Flood Control .
Channel abutting the Subdivision,
Unit # =2 , development a's recommended by the
Parks -and Recreation Coinmiss!ion be changed to
a dedication o :f; a,2.0 -foot width linear park
(narrowing to LS fe'e't and'10_fbet at certain
points'in' -the R-1 and, that the carports
abutting'the park strip be able to.main-
--tain .a 0 -foot setback.
2. That the prov=isions for landscaping and de-
vel'opmen't 'af the 20 -foot linear park strip will
I$
June,19,,1973
Greenbr-iar-y Subd =ivi.sion be achieved ;by .the City through the Park. and -
#2 Tentative ` Map Recreation -fees' required of the developer- , by.• .'
Res #633`1 NCS Section > - 2 of -.Subdivision Ordinance: -_
(cont'inued•) #104 N -. C . S .
Certificate -
Referendum Petition
3•. •• That during - tle :first phase of development,
McKenzie :Avenu •and` the portion of Park Lane -
abutting Phase._T.shall be constructed. Further-
more, if 50% or more.,'b'f the commercial office
building complex north of McKenzie Avenue is
developed -, 'or, •P'hase•. =II or* Phase III of the
Tentative Map as submitted is.developed, then
Park,Lane, shall be completely constructed as,
per the; report; i.e., across
the fronta•ge:of Phase..• southerly to its
connection with the.-existing Park La ne, in-
cl'.uding•the,intersection with McGregor Avenue,
as well as construction be-
tween its intersection with Park Lane and the.
existing McGregor Avenue at McDowell School;
i.e.,. as per .the G ty'.E,ngineer',s recommendation
on- his tentative - map letter to the-Planning
Commission.
4. That the developer reserves the right to
bring back the matter..-of the equity of the
cost of —the construction of the bridge struc-
tures`- to.-.-the City - Council at a subsequent time;
i.e., the conditions regarding the bridges, a's
stated. -in th�e,r Planning: Commission's recommenda-
tion , to the City Council`'. still stand with no.
modifi.catioh.by the-City Council, except that
the de'veloper•.requests that he be permitted
'to a -sk_ ,the •Council,t to - -review the funding of
.the bridges at.a .layer date with the expecta-
Ition that then Counc�il.may authorize additional
City participation in '.the construction cost.
However., it that, at this time,
no commitment has - been . made by the City
Council to this effect.
- Resolution #6331 N.C tentative
map of'Gree'nbriar Subdivision, Unit #2, with
Exhibits A. map), B (Planning Com -.
mis'sion-.conditions - of approval, City Engineer's
letter. and: Parks - arid- Recreation Commission
recommeridation) and C (Council modifica.tions),
.was introduced by Councilman Daly, seconded
by 'Counc ilman 1 Brunner, 'and adopted by 6 a.f -
frmative..votes 1 absentee.
City, Clerk .Lilli Nommsen . Certificate, dated
June 15-. tha the referendum petition D
filed on May -16, 1973, has been examined, that
the tion contains 1 'valid signatures
of qualified ,voters, and:, that the petition
'has . 10% of :voters: of the City of '
Petaluma'according - to.the Sonoma County Clerk's
last- o;ff'ic.ial _.report - registration to) the
S:ecreta .Lry1 of , .the•.State of California, which
showed 12 q-ualif voters, read and filed.
City Attorney Robert .proposed three .alternatives
for•Council.consideration on the matter:.
1; `Repeal Ordinance.`. #.1.08 3. N . C . S . (subject of
referendum;. Pet ition`) .
June 19, 1973
;
Cert'if'icate --
.-2..' Call for .a. Special Election.
Referendum Petition
(continued)
3: !Take ba action,,. thus forcing the , proponents
to ;seek, a. 'Writ- '.of, Mandate
Mr.- Robert.recommended against Proposal #3 and
suggested that the _Council make a decision at
the July 2, - 197':3,- .meeting .on its order.. In
discussing the referendum petition,, Mr. Robert
pointed out•a,nurriber of technicalities.' He
was .'asked to, submit a report to the Council
-•
exp••laining° legal, significance of the peti-
tion, °the _duties of .the Council, and other
legal ramifications, including the action of
Madik' -which asks for a Writ of Mandate to set
aside . "the .P.UD -zoning..
The City was;,directed to include the
subj ec matter' .on - the...Jul'y 2, 1.97.3 , agenda.
Bicycle License Fee
Ordinance #10,9:2 N.C. amending the Petaluma
Ord #10.92 NCS
City Code of 1,958;_ - Chapter 6, -Article II;, Sec -
(Second Reading)
t on 6.9,• to pr,ovide:__for a bicycle license
of'- $1.50. .,, was introduced by Councilman Brunner,
s.econd'ed *by Councilman Cavanagh, Jr.', and
adopted by 6 a- ffirmative votes, 1 absentee.
Said ordinance contains an emergency clause
and-'thereby becomes-effective upon its adoption.
Purchase of.'Land -
Director of Public Works David Young presented -
Spoils Site•- •
1r Ord #1093 NCS
a :'.map of :the 212 acres of land proposed tb be
purchased from the Cardoza's 'to be, used for
('Second Reading,)
- the purpgse o,f depositing dredging: spoils mat—
- erial, from - ;•-- the 'Peter_ luma River. -. He "termed; -the:,.
s i te ;' an "almost indefinite solution" to. - .the:
d- redg -ng problem. He added that the site was
inspected.`with representatives of.•the
o -f- 'Engineers and support was indicated by the.
Corpos of the'parc.el.. However,.Mr. Young in-
formed the Council the Corps w>ill.not be able
to.. commence dredging operations until July,
19`7,4..: It will - be.necess for the Corps to
hold•-Envir,onmental Impact Report hearings,
to,.review the proj,.ect..with a number of other
agencies involved and .fo obtain the required
permits for the project, and the!s`e
involve ,a .year-'. time to process.
Mr. Young °then referred to a• letter dated June 18,
1,973; from B ,_. T.;'Mayas, Civil Engineer,. Sonoma.
• Water Agency, recommending that properties
out'side of the , .proposed f:lood, be acquired,
and l June 19; 1973.;: from Gordon.
Miller, Chief °Engine,er, Sonoma.:County Water.
_
Agency, that'the Water Agency staff will 'Com-
plete an- evaluation the latter part, of' next
week =o -f .the possible increase - in flood' depths ..
:.
which may occur by utilization of the site and
° the possible reduction in :flood depthas,due to
Increased chan resulting from ..the:-
proposed dredging.. Said letters submitted and
f il'ed.
The .matter. o.f the possible effect of the dredg. -,
ing site on the 1`16od plain zoning was briefly
discussed. Mr. Young pointed out the importance
of :cooperation between the City,and County=
governments on the flood plain aspect.
June, 19, 1973
41" 1
Purchase of Land
7 Councilman Cavanagh, Jr., expressed no concern
Spoils Site
with the Corps of Engineers or 'FederalrpAr.ti6i-.
Ord - # 1-0 93 *, NC S
-- pation,-but.wit-h.Fl6od Control as,indicated.by
(Second Reading)
.•County-notices . letters. He also felt that
(pontinuedi)
e.
there is . a possibility of a problem on the use
'
of 'site with the State Water, Quality Con-
trol--Board regulations and environmental aspects,
particularly relating to the toxic and metal
contents in 'the . .spoils.
In response to-Counciiman Cavanagh, Jr., City
Manager Robert'.-Meyer stated.that Federal Revenue
- will :be recommended to finance
the 'dredging project.
Upon conclusion of•the discussion, ordinance
#.1693 N.C.S. authorizing the purchase of 212
acres of 1an.d,..mqre. less, .at price of
$750 per acre; was introduced by Councilman
Mat seconded by Councilman Brunner, and
adopted.by-the,following vote:
Ayes: -Councilmen,,,Brunner., Clecak, Daly,
Mattei, and Mayor Putnam.
Noes: Councilman Cavanagh, Jr.
Absent: Councilman Perry,.Jr.
Councilman Cavanagh,, Jr., voted "no"
of his concerns expr6,ss'ed heretofore,
Fence -.,236 and 242
City., reported that the
Pet'aluma,.Boulevard..
"'return receipts requested" of the certified
North
notices sent by:th&City Clerk to the two
-of the subject_property, to, make the
owriers,�.
necessary . fence repairs by June 18, 1973,
have n ot be&n returned from the post office
to dat
Gounc Mattei reported that Mr. Margolis,
owner offthe property at.'242 Petaluma Boulevard
North has-.arranged-to make the neccesary
rep�:irs;:
Action on the matter was, held.
S.502
Letter dated June 5,. 19.73, from Congressman
Clausen and: letter- dated June 7,-1973., from
Senator Collier. re- S. 5 - - Federal Highway
T iled.
Act of 1973.,. submitted= -and.
.
There consideration of the issue as
- complete detailed,*information is not avail-
able at this - time,.
Budget Study Se
It was agreed_ to hold a budget study session
atl:H. o'clock - p.m. Wednesday, June 27, 1973.
Adjournment
There -being no,further business to come before
the CounCil, the,meetingwas,adjou'rned at 5:15
o'clock p.m. t;o Executive Session and to
7:30 o'clock p.m., Monday, June 25, 1973.
Attest:
Mayor
, city Clerk
i