HomeMy WebLinkAboutMinutes 02/17/1969, 9
MINUTES 'OF MEETING
OF CITY-COUNCIL
PETALUMA,, CALIFORNIA
February 17; 1969
Council Meeting Regular meeting.of the Council of the City of
..Petaluma was called order by Mayor Putnam
at the hour of 7:3:0 o'clock p.m.
Attendance Present: Councilmen Battaglia, Brainerd,
Cavanagh, Jr., Colin, Joerger, Lipman
and Mayor Putnam.
Absent: None.
Invocation
Approval of Minutes
Council Invitations
Precise Plan Lines -
Magnolia Avenue and
Liberty Street'
Due to the absence of Reverend James Carmody of
the Saint James Church, no invocation was given.
The minutes of February 3, 1969 were approved
as recorded.
No one was- -present in response to the Council's
formal invitation to attend tonight's meeting.
w O
This being -tjhe time set for public hearing on the
establishment of precise plan lines for a portion
of Magnolia Avenue and the extension of Liberty
Street", Clerk announced that a written
protest was received from Olindo and Orio Natali,
16 Magnolia Avenue: Said protest was read and
filed. The Mayor then asked for oral protests
and comments. Mr. Victor DeCarli, owner of
property located at the corner of Magnolia Avenue
and Petaluma Blvd. North, referred to a petition
of* protest filed at the last plan line hearing on
October 7, 19 felt that because of the high
value of the properties on the south side of Magnolia.
Avenue, the street should be widened on the north
side.
Others who appeared in opposition to establishing
the plan lines as proposed were:
Mr. Leroy Jewett, 14- Court,.''?
Mrs: Mildred = Blair, 1 Magnolia Avenue,
Mrs. Colla, representing O. Natali, 16 Magnolia;
Mr. Carter, representing Mrs. Maude Plummer,
owner of property at 901 Petaluma Blvd. North,
Norman Nielsen, Nielsen Freight Lines, 67 Magnolia.
Mr. Howard Boom,, 8 Magnolia Avenue, pointed out
the need for street improvements because of the
existing dangerous conditions for pedestrians.
With the assistance -of Assistant Director of
Publc'Works'Hal Wood, Director of Public Works
David -Young presented view foils o:f the engineering
designs.of the plan lines and discussed
details of -the project in.relation to the inter-
section at Petaluma Boulevard North - Magnolia
Avenue - West Payran Street-and each one of
the properties ` affected.. An aerial map of the
general area was shown to. illustrate the loca-
tion of the various lot's involved.
Much emphasis-was-centered on the need for
signali.zation of the intersection. Mr. Young
indicated that in order to install adequate
traffic control, is necessary to construct
the intersection' -with proper signalization,
o
Feb ruary 17, 1969
Following the hearing of all the protests, .comments
and suggestions, the 'public ,hearing was; declared
closed. As the first•'phase of the establishment
of the precise plan lines and the improvement of
the intersection, a motion was made -by Councilman
Battaglia, and seconded by Councilman Lipman,, to
have an appraisal report of the p±oper'ties to a
point 200' tb .300 feet west 'on both sides of 'Mag-
nolia Avenue. Motion carr- -ied unanimously.
In line with Mr. DeCarli's suggestion it was
decided to have ,a second appraisal report on the
remainder of Magnolia Avenue to Keokuk. The matter
of reports was referred to the City Manager for 'his
.attention.. It'was• also generally agreed by the
Council, to-. th'e matter of establishing
plan lines on the extension of Liberty Street until
such time as `the reports are presented.
Appeal -
Humble.Oil Company.
Appeal
'L. J . Lewis
Res . - #516.5 NCS
The appeal filed by Humble. Oil of Planning
Commission Site Design, Review Condition #2, delayed
from January 20, 1969' 'to Febr.u_'ary 3,, 1969 and Febru-
ary. 17, 1969 was again delayed to the Council meeting
of March 3 1 >9'6'9 at the. request df the appellant.
.: -.,
Appeal filed by L. Z. Lewi of'Planning Commission
decision of Janua °r.y 21, 1969,, denying renewal of
Use Permit #U3 -68 to allow construction of duplexes
in an R77 -6 1000 Tran'si.tional lone, located at 32?9
Pleasant Street, read and filed. Planning
`Commission
Res. #`U2 -6;9 denying renewal of the u'se permit, copy
of the Planning Commission minutes, - dated Jan-nary
2l, 1969, P Tanning Director M63iver-n's report to'
the Planning Commission and a location map, submitted
and filed. Planning D_irector.McGivern displayed
aF,ar�ap of the area and pointed out that in view
of the fact the original use permit. was granted
on February •2, 1965 and subsequently renewed .
annually,, the Commi'ss.ion concluded that it appears
the proposed dupile'xe;s are not contemplated for
immediate development and thereby denied the
appl:icatiori. Mr Lew ,s
was present and. spoke
in behalf;_of .his renewal request and explained
the reason, for another.6xtens,ion. Following
consideration of the appeal,, Resolution #5165 N. C.S.
of'findings of fact and action :taken by the Peta-
lama City c'ouncil;.on the appeal of of L. J'. Lewis
from the Plannigng,� Commi.asion! s denial of his
application for the !renewal of a use permit
(granting the permit to Mr.. ,Lewis or overruling
the Planning Commssion's decision) was' intro-
duced by Councilman Joerger, seconded by
Councilman Cavanagh, J:r.., and defeated by the
following vote
Ayes; Councilmen Cavanagh, Jr. and Joerger.
Noes : . Councilirien - B°attaglia, Brainerd, Colin,
:Lipman 'and, Mayor Putnam.
: It was s "uggested.to:Mr. Lewis to formulate a
total plan for the development of his
,property 1or presentation to the Planning Commission.
Precise Plan Lines -
adding that a temporary suspended light from a
Magnolia Avenue and
cable in the..cen:ter of the intersection, which
Libe -rty Street
earlier had been suggest 'd., would :be unsafe fbx
(Continued)'
the California motorist who is accustomed to the
existencel of traffic control signals to. the right
It was pointed out that :this
N
.'intersection woulon.
� would 'be considered the next priority
Gas Tax. Fund project after the construction 'o.f
a signal system at-the McDowell Boulevard - East
Washington Street intersection `presently designed
and awaiting complet on of . rights -of -way acqu =
sition.
Following the hearing of all the protests, .comments
and suggestions, the 'public ,hearing was; declared
closed. As the first•'phase of the establishment
of the precise plan lines and the improvement of
the intersection, a motion was made -by Councilman
Battaglia, and seconded by Councilman Lipman,, to
have an appraisal report of the p±oper'ties to a
point 200' tb .300 feet west 'on both sides of 'Mag-
nolia Avenue. Motion carr- -ied unanimously.
In line with Mr. DeCarli's suggestion it was
decided to have ,a second appraisal report on the
remainder of Magnolia Avenue to Keokuk. The matter
of reports was referred to the City Manager for 'his
.attention.. It'was• also generally agreed by the
Council, to-. th'e matter of establishing
plan lines on the extension of Liberty Street until
such time as `the reports are presented.
Appeal -
Humble.Oil Company.
Appeal
'L. J . Lewis
Res . - #516.5 NCS
The appeal filed by Humble. Oil of Planning
Commission Site Design, Review Condition #2, delayed
from January 20, 1969' 'to Febr.u_'ary 3,, 1969 and Febru-
ary. 17, 1969 was again delayed to the Council meeting
of March 3 1 >9'6'9 at the. request df the appellant.
.: -.,
Appeal filed by L. Z. Lewi of'Planning Commission
decision of Janua °r.y 21, 1969,, denying renewal of
Use Permit #U3 -68 to allow construction of duplexes
in an R77 -6 1000 Tran'si.tional lone, located at 32?9
Pleasant Street, read and filed. Planning
`Commission
Res. #`U2 -6;9 denying renewal of the u'se permit, copy
of the Planning Commission minutes, - dated Jan-nary
2l, 1969, P Tanning Director M63iver-n's report to'
the Planning Commission and a location map, submitted
and filed. Planning D_irector.McGivern displayed
aF,ar�ap of the area and pointed out that in view
of the fact the original use permit. was granted
on February •2, 1965 and subsequently renewed .
annually,, the Commi'ss.ion concluded that it appears
the proposed dupile'xe;s are not contemplated for
immediate development and thereby denied the
appl:icatiori. Mr Lew ,s
was present and. spoke
in behalf;_of .his renewal request and explained
the reason, for another.6xtens,ion. Following
consideration of the appeal,, Resolution #5165 N. C.S.
of'findings of fact and action :taken by the Peta-
lama City c'ouncil;.on the appeal of of L. J'. Lewis
from the Plannigng,� Commi.asion! s denial of his
application for the !renewal of a use permit
(granting the permit to Mr.. ,Lewis or overruling
the Planning Commssion's decision) was' intro-
duced by Councilman Joerger, seconded by
Councilman Cavanagh, J:r.., and defeated by the
following vote
Ayes; Councilmen Cavanagh, Jr. and Joerger.
Noes : . Councilirien - B°attaglia, Brainerd, Colin,
:Lipman 'and, Mayor Putnam.
: It was s "uggested.to:Mr. Lewis to formulate a
total plan for the development of his
,property 1or presentation to the Planning Commission.
R f
February 17, 1969
Rezoning - ,', Planning Res. #Z2 -69 recommending.the'
Parcel E. Washington rejection (,which by vote: was defeated and there ., -
St._and Ely Road fore consideired: approved.) of proposed amendment
(Condi.otti Enterprises):to Zoning Ordinance #6 N.C.S. by reclassifying
a portion of Assessor's Parcel No. 7-510-18
an. R= 1-- 600 -0;. (Single, - family) Zone to an R -M -1500
(Multi-family residential) Zone (located on the
northeasterly quadr ant of the intersection of
East Washington*atreet and Ely Blvd. No "rth) sub -
mitted and filed. Written protests of the
o Planning °, s decision recommending the
rezoning received,from the following were read
and filed :. Letter, -dated February 11, 1969, from
Lawrence H.- Hannon, President Petaluma Gardens
Homes As °ion; letter, dated February 14, 1969,
from Mrt. M. F.. Waters, President .East Petaluma
Civic,- Association; letter, dated February 14, 1969,
from.Mr. and,Mrs Q. Gifford, 5 Gilrix Street;
letter, dated February 17, 196;9, from Nettie E.
Boysen, 1,713 Gilrix;:St-reet; letter from Milton
C. Green,.Director Petaluma Gardens Homes Associa-
tion.;,petition containing 294 signatures and
filed.with the Planning Commission and forwarded
to the CounciL;.peti.tion containing 490 signatures;
and res;olution,.dated February 14, 1969, passed by
the ,Board,.:o.f D;irec,tors_.,of. the East Petaluma Civic
Association protesting the proposed 'rezoning and
requesting.. ..that an.. updated and general ;plan re-
sponsve to the needs;. : of a growing community be
devised prior to, any further rezoning.
The City Clerk announced that all the proper
documents,•including Planning Commission minutes
dated-January 2.1-,and 24•,,1969 and February 4,
1.9,6:9 in connection with - the proposed rezoning,
.Planning Director's staff report, dated January
1969, an location map of the area were
properly filed.
Planning D McGivern displayed a map of
the parcel in.vol and the zoning of the
surrounding., area. He briefly reviewed the
background of the ;zoning history of the subject
,parcel ,for Counci information and presented the
original tentative.•map which expired, indicating
that ,the ; proposed Foothill Manor Subdivision No.
1 to.. be. ,devq.lope.d by;- Condiotti Enterprises and
apprp'Ved by ; thp ,Planning Commission is located
in the same area-as was originally designated
as a.. park. _
Those.who appeare:do before the Council in opposition
:. to • the-1:p pQse.d rezoning- were as follows:
Mr. Larry__Hannon, President Petaluma Gardens Homes
As,s'o;ciat ion
Mr. Paul. Salisberry,._20.29 Harrison Street,
Mr.,., John •M.., Fo•ss•., •1761 Pine Avenue,
Mr. 'M E.. Waiters,, P`resident East Petaluma Civic
Association..,
Mr. Jerry• B'arndt,,,.201.7 Harrison Street,
Mr. Milton Green,, Director Petaluma Gardens Homes
Association,
Mr. Conners,-Operator Petaluma Sky Ranch
Airport. and
Mr. •Richard ;Banks, .1.3 • Gilrix Court.
Mr..- Ronald. Simpkins, .representing Con:diotti Enter -
.prises:accompanied;by Mr. Art Condiotti addressed
the.. Council .in- ,beh.wIf o,`f the rezoning proposal
stating that the rezoning of the subject parcel is
,part of.a package including a tentative map of
Foothill Manor #I Subdivision approved by the Plan-
Wing .0 "ornm'sson with 11 conditions. Mr. Simpkins
i 4
:Feb'ruary 17, 1969
Rezoning -
added that the dedication of the park area
- Parcel E. Washington .-Foothill
Manor.Subd vision is contingent -.upon
St. and Ely Road
approval of - the subj.ec:t� rezoning appli' Pat -on -.
(Condit -ti Enterprises)
A compromise .plan 'of the subject area was pre-
(Continued)
sented proposing a. reduction. of the - R- --M -15 °00
area •with• a buffer-'str�i:p of an R-1-6.00,0 (Single-
family)- Zone between •the .;proposed multiple de-
.velopment and the•Petaluma Gardens Homes`Sub -.
division..
Following•consderable discussion and upon con -
clusion Council deliberation, City Attorney
•= Robert - explained that in with the
charter.,' the = - first - reading action on ordinance
prepared in connection with the proposed rezoning
is presented only to•decide whether to post or
-publish. .the ordinance -, and, that at the time of
the second•reading of,the ordinance, action of
the•actual-- .rezoning request is created.; but if
the Council .fails or refuses to act upon the
.Planning Commis,sion's� recommendation, then.in
essence, the - Planning Commission is.being over -
ru -led: •U P on- the insistence of Councilman Lipman
to follow the Appeals P- rocedure as
by deciding on -the facts and making findings
rather-thank not take any action, a motion was
then-made by Councilman Joe:rger, and seconded
by Councilman L•ipman,- denying the application
to-rezone a portion of Assessor's Parcel No.
7= 510 =1'8 • from an R - -1- 60'0.0 Zone or Di.stri.ct to
-a -n R =M -1500 'Zone or D's >t•rct as the same was
recommended by Planning C'ommiasion Resolution
tZ2 -69 ,- and that the z'on -ing be denied on the
following findings.:
The re•zohi,ng• is contrary to the purposes -and
objectives of the.! Zoning ordinance as set
forth in Section 1--100-;' -
The rezoning would not promote the general
welfare o•f the City and would be contrary to
the hea l;th•,- safety, peace, morals and general.
welfare of the persons in the neighborhood as
it would- generate additional traffic, create
congestion, impose'undue:burden on the school
system. and would detract from the pe°a`ce and
q -u iet -of. -the -neighborhoo.d; and further would
create an• excessive population density and
overcrowding of the Land in the area.
Motion carried unanimously. As emphasiz'ed,by
Councilman, Lipman., the Mayor indicated that a
thorough tudy of community development - not
only for. the area under di cusson. but zfor the
total community, will be considered :for parti-
cipation-with various groups, school districts,
etc -. an also with those who ind=icated willingness
to be included .in ?s_uch, di- scussions
Presentation - Fire Chief Benton presented to Fire Captain
Warren. Knieriem Warren KnIeriom�. ,a. Cer-tif ;cate -of Completion re-
ceived from the Institute for Training and
Munici,pal.Administration of the;Internatonal
-City Managers'. Association, Was- hington, D.C.
for completing a,one and a half year professional
fire trainings course.. Fire Chief Bentoi con-
gr'atulated.Mr. Knieriem for : his accomplishment.
Mayor Putnam, on. behal -f. of the Council, commended
Mr,. Knieriem and. expressed appreciation to him
for hi•s se -rvice to the City.
February 17'; 1969
Claims and - Bills- Resolution .#5166 N.C.S. approving claims and bills
Res : #5166:, RCS Nos . 26,33 to .2732 inclusive and N:os . 2290'• to 23'2`6
inclusive was introduced by Councilman_Lipman,
seconded by Councilman ; Brainerd, and adopted by
7 affirmative votes.
Mayor - Putnam Mayor Putnam announced that she would be out of
state next week and that she 'h'as asked Vice - Mayor
Colin to serve as Mayor during her absence.
Adjournment. Due to the late hour, the meeting was adjourned
at 11:45 o'clock p.m. to Tuesday, February 18,
1969 at 4:0.0 o'clock p.m. to complete the agenda.
Mayor
Attest:
ity Clerk
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