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Home My WebLink AboutMinutes 02/21/19784 133 MINUTES OF MEETING OF CITY COUNCIL PETALUMA CALIFORNIA FEBRUARY 21, 1=978 REGULAR MEETING The regular meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at 7:30 p.m. ROLL CALL Present;: Councilmen Balshaw, Bond, Cavanagh, Harberson Hilligoss, Perry* and Mayor Putnam. *Councilman Perry arrived at 7:58 p.m. INVOCATION Father Godfrey Hartzel gave the invocation. PLEDGE OF ALLEGIANCE Frank Gray led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of the adjourned meeting of January 23, 1978 were approved as mailed. The minutes of the special meeting of February 6, 1978 were approved as corrected. CONSENT CALENDAR Prior to taking action on.the consent calendar Council - man Hilligoss requested item X66, relating to Certifi- cates of Compliance for David Christine Anderson and.Eudolph and Lois Genetti, be removed from'tne consent calendar. A motion was then made by Councilman Cavanagh, seconded by Councilman Hilligoss to adopt resolutions for agenda items 1, 2, 3,,4,, 5 and 7 and introduce the ordinance, agenda item #8, for publication. Motion carried unanimously. Agenda Item #1 SET PUBLIC HEARING MARCH 6, 1977 REGARDING UNDER GROUND UTILITY DISTRICT #3 (EAST WASHINGTON STREET) RES #8091 NCS Agenda Item #2 ACCEPT COMPLETION YOUNG & STOKES. PARCEL MAP RES #8092 NCS Agenda Item #3 AUTHORIZE PUBLIC IMPROVEMENTS AGREE- MENT CHARLES AND JEROLD PHILLIPS RES #8093 NCS Agenda Item #4 ACCEPT COMPLETION ANIMAL CONTROL CENTER EXPANSION RES 48094 NCS Agenda Item #5 APPOINT CITY ENGI- NEER & FINANCE DIRECTOR ASSESSMENT OFFICERS, TEDERAL DISASTER RELIEF ACT RES #8095 NCS Resolution No. 8091 N.C.S. calling a public hearing tdF 73� 71 determine whether public necessity, health, safety or welfare required the formation of an underground utility district as more particularly described in the ` body of this - resolution was adopted. Resolution No..8092 N.C.S. accepting completion of the .1 7 9 public improvements required in Young & Stokes Parcel 1 / Map Agreement No. 67 was adopted. Resolution No. 8093 N.C.S. authorizing Mayor to sign F�� agreement for public construction between the City of Petaluma and Charles and Jerold Phillips was adopted. Resolution No. 8094 N.C.S. accepting completion of Q animal control expansion was adopted. l� Resolution. No. 8095 N.C.S. designating the.City Engi- — neer and the Finance Director as damage assessment 4 officers to facilitate needed disaster relief under Public Law 93 -288, the Federal Disaster Relief Act was adopted. Agenda Item 446 Reso'lut'ion No 8096 N.C.S. approving claims and bills CLAIMS AND BILLS audited ,by the City auditor and approved for payment RES 48096 NCS by the City Manager Nos. . 4191 to 4293, inclusive, General City.; and, Nos. 822 to 840 inclusive, Water, was adopted. February 21, 1978 Agenda Item #7 AMEND ZONING ORDI- NANCE TO RECLASSIFY A.P. #006- 480 -15 TO R-1-20,000 ORD #1279 NCS Ordinance No. 1279 N.C.S. amending Zoning Ordinance No. 1072 N.C.S. by reclassifying and rezoning A.P. #00:6- 480 =I5 (approximately 3' acres) from R -1 -6,500 to R -1- 20,000 - Gilbert was introduced and ordered published. {1 LETTER FROM A letter ;dated_ February 8, 1978 addressed to the City O MRS. HELEN F... KING Council by Mrs. King was read by the City Clerk and - 1400 I STREET ordered filed. Accompanying the letter were photo - REGARDING' FLOODING graphs taken by Mrs. King of the flooding of her property and adjacent lands during the storm of January .14 and 16. Mrs.,King was present at the Council meeting and advised Councilman Cavanagh, the Council's representative on .the. Zone 2A Advisory Committee, had contacted her regarding the problem. Mr.. Cavanagh adVIs.ed -her the County is planning a flood control program for the area but it. will not take place until 19.79. Councilman Cavanagh stated the project is the first priority for the Zone 2A 1n this area but, as Mrs. King stated,, construction will not begin until 1979. I't is a major project costing approximately $600,000 Councilman Cavanagh asked Mrs. King if she had given the flood contro,l.agency a copy of the pictures presented to the Council. Mrs:. King stated she had gone to the County and showed them the pictures.. Pat Loomis., of. 507 Eighth Street, also stated,.the bank bordering her property was washed away during the same period of time. City Engineer David'Young advised the project would require bypassing the creek in the area where Mrs. King lives with an underground drainage pipe `however, the creek will still carry water. The area near Mrs. Loomis" property will be done at a later date. Mrs.,King 'stated although she did not foresee. any permanent damage to her property at this time. her basement is still wet and, if she chose to, .she felt it would be very difficult for her to sell her property. C7 P APPROVE FUNDS FOR A letter dated February 9, 1978'address'ed t o the City TEMPORARY'ASPHALT Council from Marvin. E:. Brinson Princi al of the Grant WALKWAY GRANT AVE. Elementary School, was read by the City Clerk and RES #86,96A AS ordered filed. The memorandum from James W. Mann, Civil Engineering Associate, estimating the cost for an asphalt concete pedestrian sidewalk on Grant Avenue between I Street and Grant Elementary 'School, submitted and filed. City Manager Robert Meyer asked. the City Engineer the percentage of. unimproved sidewalks in the area. Mr.. Young stated there are 1,830 feet with improved curbs, gutters arid - sidewalks and approximately 1. „420 which are unimproved., Mr. Meyer stated the recent highway act indicates that if almost 50% of the sidewalks are constructed in a particular area„ the City could require the remainder to be improved. T,he other alternative would 'be for the Council to take the same action and,u"se the same treatment as recently. 'done on -Bodega Avenue to provide a blacktop`pa`thway for school.students. The estimated cost for this., as reported.by',Mr. Mann would be $3,016..40 with the City forces providing the labor. City Engineer David Young stated would be an a's.phaIt sidewalk,, with appfopriate rock base,wher'e needed, running from I Street back to the school. Mr. Young's:tated he felt Transportation Development Act funds would be availa f' - the. project. r The proposed walkway would be four feet wide. A berm would be provided to protect the students .from the roadway. Mr,. Young also stated if standard curb, gutter and sidewalks were to be :installed in the, area it would be im- practical without reconstructing the street. Councilman Bond asked whether there were any people living in the neighborhood of Grant. Avenue 'who wished to speak- to the issue,. Rose Dervin of the .Giant PTA asked to be heard on another issue which was the crosswalk at I 'Street. She stated it was-a very lengthy, distance for children to' cross the ;street and felt. there should be some type of traffic control at the crosswalk. City Engineer David Young stated the problem was considered when 11Stre'et was designed and the crosswalk was installed in the best plane pos's -ible. He stated there are ,trees,in the area which need to he constantly trimmed as there is a tendency for the trees to block the sight distance. Mrs. Dervin stated she fives -in Westridge Subdivision and nearly half;, of -the children enrolled in Grant School live in the <subdivision and must cross this dangerous crosswalk. 1 1 Carol Fullerton spoke'to the issue of Sunnyslope Road where there are no sidewalks for children to go to the School,. -4 / 1315 - February 21.,.1978 APPROVE FUNDS FOR Councilman Bond suggested that people who are con TEMPORARY ASNIALT cerned with the traffic situation on Grant Avenue WALKWAY GRANT AVE ,. forward their comments fo the Traffic Committee*. RES #8096A NCS Carlene Herron,. President* of the Grant PTA, stated. (Continued,), their group had written a letter to the Traffic Com- mittee a month and 'a.hal'f ago and have not received an answer. Their letter-expressed concern regard -ing the safety of the children going to and from Grant School particularly the area from the school to I Street. Councilman Bond asked Mrs. Her"ron'if she would send a copy of the letter as it seems to have been misplaced... Marvin Brinson, Principal•of Grant School, stated any measure the City would' take at this time would be an advantage. He opposed waiting for a study of the entire area as he felt there was an urgency for some type of immediate action to provide protection. At the conclusion of the discussion Resolution No. 8096A N.C.S. authorizing the expenditure of funds not to exceed $3,000 to improve Grant Avenue with a temporary a's walkway protected by an.asphalt berm was introduced by Councilman Harberson, seconded by Vice -Mayor Perry and adopted by seven af- firmative votes APPROVE OCCUPANCY A letter dated February 15, 1978 addressed to the City 3� PORTION ALDERWOOD Council'by Mr: Wesley Bailey of the McBail Company was SUBDIVISION read by the City Clerk and ordered filed. Their RES #8097 NCS request was for occupancy for lots 21 through 26 and lots 40 through 46 located on Redwood Circle and Sarah Way of the A'lderwood Subdivision:. Mr. Leonard Wilson from the McBail Company was present at the Council meeting. Councilman Harberson asked when they expected to move the mounds of dirt on the subdivision in order to provide some drainage, Mr. Wilson stated where they are permitting people to move into the homes the drainage has been handled; however, the weather has ham- pered their work. City Engineer David Young advised the only thing that has to be done on the `subdivision is for the developer to grade the back yards and install the permanent channel fence. Mr. Wilson also stated he cannot ask for completion of the subdivision until he has satisfied the Sonoma County Water. Agency with regard to the channel fence. They have rented a temporary fence in order to provide protection. Councilman Harberson questioned when the houses would be painted. Mr. Wilson stated this :portion of the work has been bonded. They would like to start the following week however, they feel it would be better to wait until the brown coat is entirely before color coating the houses. Resolution No. 8097 N.G approving occupancy for a portion of Alderwood Subdivision was introduced'by Councilman Cavanagh., seconded by Vice -Mayor Perry and adopted by seven affirmative votes. AUTHORIZE CONTRACT City Manager Robert Meyer advised he had received a f� WITH TAM FOR .TRAFFIC memo from Planning Director Ronald Hall advising the / O6 STUDY CIVIC CENTER Planning Department has performed an initial environ- RES #8098 NCS mental review of the proposed public safety facility. `The Planning Department r-ecommend's that a .traffic analysis be prepared by ,4 qualified traffic engineer to provide detailed information and mitigation measures. Mr. Meyer stated the City Engineer had discussed the,cost of doing traffic study with TJKM', Planning and Trans- portation Consultants. If the City expects to go to a bond issue in November for the project the study would need'to be started almost immediately. TJKM, in their letter dated "February 3, 1978 to Assistant City Engineer Thomas Hargis, quoted a price of '$1,500 to do the initial study. Mr. Meyer indicated this amount is available in the budget from funds designated for the public safety building. City Engineer David Young advised the reason for the low cost for the fee is be the City's forces will do the counting of vehi- cles. This information will be supplied by the City to the consultant. Resolution No. 8098 N.Q.S. .authorizing the Mayor to sign Civic Center Traffic Study Agreement with TJKM Planning and Transportation Consultants, was intro- duced by Vice -Mayor ,Perry, seconded by Councilman Hilligoss and adopted by seven affirmative votes. 3 February 21, 1 978 TREE PLANTING City Manager Robert Meyer reviewed the cost for'p'lant- CAULFIELD LANE= ing trees along Caulfield Lane.: There are 90. lots and if two 15- gallon trees are planted per lost the cost would be approximately $5,400.. The 5- gallon size trees,, planted.two to a lot, would be $1,800.. He asked the Council if they would want:to defer the matter until budget discussions. He further advised the removal of trees;, which have been illegally planted, will be held up until the Council makes some decision. Councilman Harberson suggested where trees have to be removed and'wher:e they have grown to ,a rather large size, these ,should be replaced with the 'larger trees. However, he was not opposed 'to planting the smaller trees in other areas. Mr. Meyer asked the Council to give -him an opportunity to work with the Public Works Superintendent to determine what the cost would be to plant along Caulfield Lane as per Councilman Harberson''s suggestion. ',No action was taken on the matter. AMEND !RES Y/,8089 City Manager stated there are-some permits which the TO LIMIT.MORATORIUM staff feels can be processed to keep some�proJ.ects 4 CATI ' ON PERMIT moving along in the City and asked Mr. Gray to explain. ON S o the Council. ouncil. Mr. Gray stated the projects they are ' RES #8.099 NCS suggesting; to. be eliminated from the morat'or are those which the staff knows from experience do not take over 'a year to process,. These - would be such permits as site ;design review, use p'eriiits, variances and th(Ys'e general type of activities which can be administratively handled,. The larger applications such as subdivision maps, tentative maps,, rezonings and prezonings should be delayed until the City has. the proper forms'and information. Although the Planning sta -ff has a backlog of work they feel they can handle these routine matter-,s in order to serve the public. Resolution No: 80 N. C. S•.' amending' Resolution No. 80'89' N: C. S': to limit mora- torium.on planning and subd- ivision permit applications to certain specified applications was introduced by'Councilman Hlligoss:, seconded by Councilman Bond and adopted by seven affirmative votes,. r MEETINGS ON PROPOSED City' Manager Robert Meyer `advised letters had been V 4 MOORING ORDINANCE mailed to persons wTio 'would be' interested ' in the v mooring :regulations inviting them to, attend meetings on Friday morning, February 24; ' -and' Friday afternoon, February"224. The staff will meet with the commercial fishermen in the afternoon and the major- upland property owners and boating organizations %n the morning CORP OF ENGINEERS Mr. Meyer he had received, the official notice PUBLIC HEARING of the public hearing to be held.by the Department of MARCH 7, 1938 the Army Corp of Engineers. The meeting will be regarding Section 107 on the environmerftal working paper for Petaluma small craft harbor. REQUEST FOR STATUS` Councilman Balshaw' -City Manager to have.status REPORTS ON VARIOUS* reports prepared for the 'Council on ,the following" CITY PROJECTS items:' 1) The site select oh for senior c-- itizen housing;, 2) the - response from Wicke'a regarding annex- ation to the City; and, 3) the ,review of the budget. LEGISLATION AFFECTING CITIE& \� �J DISCUSSION REGARDING Assistant City Manager 'David Bren iger. s.'tated he had V r \ PROPOSITION 13 AND been contacted` by"S'enator Behr's representative, Joan �! SENATE SILL 1 Dickerson, regarding SB- l,which is-Senator Behr`& bill. The bill will go before the Assembly Ways and Means Committee - on February 22., Mr. Br,eninger stated this is"pr.obably the only alternative to Propos'itioTl :13 both. of Which wil have a .great impact. On, cities. Councilman Bond, questioned whether our city was,anticipating prepar- ing a report such as Redwood City had done to reflect the impacts on communities if Proposition 13 passes. City.Manager Robert Meyer advised the Finance Director is currently working 'on this information trying, to prepare "alter- natives if either bill. pass;. Mr. Meyer stated there is :some 'difficulty jj 3 February 21,, 19T8 DISCUSSION REGARDING in the interpretations . given`by various agencies PROPOSITION, 13 AND including the league of Cali-fornia Cities. Mr. SENATE BILL l Scharer stated one the basic,r,easons why the program has not been brought.-to the Council is the fact that the interpretation of the.Jarvis -Gann initiative changes daily. He further advised Redwood City, when they issued their budget based on the Jarvis -Gann initiative and .reduced services drastical_ly, assumed they would get no property tax at all. Mr. Scharer stated he,would prefer to use a realistic approach before supplying the Council with further information. AB 2205 FINES & This bill, authored by Assemblyman Maddy, would divert ' FORFEITURES all revenues from fines and forfeitures to the State's V66 �q general fund. Mr. Meyer indicated this would cost the City money. Councilman .Cavanagh stated the matter would be heard by the Assembly Committee on Judiciary on February 23, and urged the Council to take some definitive action. Assistant City Manager David Breninger advised he would make a telephone call or send a telegram indicating the City's opposi- tion to the bill. AUTHORIZE REMOVAL Ron Hall,•s'tated this matter was a referral from the V1 OF PARKING. 'METER Traffic Committee. Ken Brown of Weller Hopkins KELLER STREET Furniture Company located on Western Avenue and Keller RES #,8100 NCS Street, ,requested.a loading,zone.on the Keller Street side of.t - heir building. The request to remove one parking meter to provide a loading zone for the _furniture company was approved by the Traffic Committee.. The matter is being brought to the Council for ratification. 'Councilman _Bond indicated ,when Weller Hopkins was located at their other location they had two spots reserved 'for loading. Because there is a red zone at the corner of Keller Street and Western Avenue they could get along with one loading zone spot at this location. Resolution No. 810.0-NI-G.S. authorizing replacement of one metered parking space with one freight•loadi -ng zone (Keller Street and Western Avenue) was introduced by Councilman Bond, seconded by Councilman Cavanagh and adopted by seven affirmative votes., DISCUSSION REGARDING The letter to the Mayor and members of the City Coun- ABANDONMENT PORT -ION cil dated January 20, 1978 from City Attorney Larry PETALUMA BLVD. NORTH Klos'e submitted and filed,. Mr. Klose explained the (SHELL OIL CO.) Planning Commission, their site design review, recommended the acquisition by the owner of the por- tion of the right -of -way occupied by the service station. The service station is presently operating partially in the right -of -way with an encroachment permit. The recommendation is based upon -the fact that it does not appear likely the right -of` -way would ever be needed for future street purposes. Shell's lease is about, to expire-on the property. They would like to re- develop the service station; however, they would like to have the land matter cleared before they proceed with their redevelopment plans. The proposal is to quitclaim the property, to the owner'. Shell could lease the land from the property owner to reconstruct the service City_ Manager. Robert Meyer stated he was. opposed to giving up the land because the same strip of land.would also apply to Denny's and the rest of the prop- erty fronting along Petaluma.'Blvd. North. He would prefer to give Shell Oil Company an encroachment permit. He would be opposed to giving the land in the area to one property owner and then 'having to sell to the others. After some discuss -ion it was determined the Council preferred to give the service station an encroachment permit, and City Manager Robert Meyer indi- cated he would also try to negotiate with Shell Oil Company. No action was taken on the matter. REFER PROPOSED SIGN City Manager Robert Meyer reminded the Council these F5 '74 ORDINANCE & ORDINANCE matters. had been deferred for a period of 30 days in REDUCING PENALTIES TO order to give the Chamber of Commerce an opportunity PLANNING COMMISSION to respond. Mayor Putnam called on Mr. Fred Schram of RES #8101 NCS the Chamber of Commerce. Mr. Schram advised the Chamber went back the original members of the sign committee and discussed the proposals with them -. There were some mixed emotions regarding the issue; however, he had talked with Planning Director Ronald Hall last week and was advised the matter would be referred back to the Planning 4:5, February 21, 1978 REFER PROPOSED SIGN Commission. Mr. Schram `also advised a letter would be ORDINANCE;& ORDINANCE forthcoming from 'the Chamber of Commerce within ,a week REDUCING•P.ENALTIES -',TO reg4rd ng'the'matter,.- PLANNING COMMISSION ; RES #8.101. NCS City Manager explained the two ordinances to be referred (Continued) to the Planning Commiss'ion. would be,: 1) reduce the ,crimin'al' penalties for violation'of the Zoning Ordinance' from a misdemeanor to an infractiori ;' and the other would be- the- proposal to "grandfather." the legal - but nonconforming signs in the City providing a permit is granted for the sign.. Mr. Meyer'stated the.re.is a cross reference being prepared for the Coun'cil's review which would list the changes as suggested by the Chamber of Commence,. the Planning Commission and compare it, with the present ordinance. Mr. Meyer stated he hoped 'this would 'be set for a study session very soon. Re oliition NO: 8101 N.C.S. transmitting proposed sigin ordinance and ordinance reducng penalties for Zoning Ordinance violations• to the Planning Commission. was introduced by Councilman Hafberson; seconded by Councilman'�Balshaw and adopted by seven affirmative votes CERTIFICATES OF At ther•equest of Councilman Hilligoss, this item had COMPUI&CE FOR been removed from the consent calendar. Councilman 421-423& 425 -427 Hlligoss stated in her review of the certificates she DOUGLAS STREET noted there was no provision for an access easement in the certificates of compliance. These two parcels have a.common access driveway which is not referred to in the certificates. Councilman'Hillgoss questioned whether there was .some agreement. In Planning Director Ronaid'Hall'`�s memorandum to the City Manager dated November 14 the 'recommendation.:from .the'-Planning 'Department was to �haue . access easements recorded over - portions Of I bb,th lots when they are sold. City Attorney agreed with CouncilmanHilligoss the matter should probably b& incor- porated in the certificates of compliance - to provide access easements for both parties and also to require a joint '.maint agreement the City requires for common driveways•prior• to recordation o -i the certificates. "Mr.'`Meyer suggested the 'legislation for the revised -- cer.tif cates be brought 'ba'ck at the next meeting and -that the interested parties be advised of the context of the certificates of compliance. No action was taken on the matter. REC OMMEND "McNEAR Planning Director Ronald Hall stated this matter had MAN OR,ISTATE" BE evolved from a recent Planning Commission hearing In DEVELOPED AS the Planning staff report to the Commission a• general ' RESIDENTIAL * backround - was given on-this ' art'icula.r piece of land 02 RES , #81 NCS . and the 'fac:t' that it had once been considered and rejected. by the. City Council for a park: Mr. Hall _ stated there are. new members on Planning Commission who viewed the, site before the hearing and they felt it wa•sa very unique parcel of land and for that reason the until the matter could be brought back-to the Council to reaffirm its position or again, consider the land for a par-.k site. I'll The Planning Commission action has been deferred until 'the meeting of February 22. If 'the Council determines their ori'ginal still stands it will go back to:the Commission - for ' `a hearing. The proposal at the present time is to develop the land,fox residential.purposes The Environmental Design Plan indicates he land for residential use, and it is not indicated.on the General Plan,or the.Environmentai,Design as, a park site. Councilman Balshaw - stated he felt the discussion aro•se.because' the previous development was to'h'av'e been a townhouse type of development .rather than single -f ami -- residences. Councilman Harberson: asked the status of the City's purchase of the McNear Peninsula for 'a park site. ,Community 'Development and .Coordinator Frank Gray stated it is still in active nego'ti'ations I`f -the City is to purchase it with the funds available, the Council would have to move by September 1. • The City has not been able-to get clear title from the State Lands Commission but does have an authorization to proceed with the purchase. Negotiations have been held up, however, because of the property rights. Councilman Harberson stated, it was -his understanding it was the unanimous decision of the City Council `there are insufficient funds _to purcha's'e the McNear :Manor Estate site and the Council:has expressed publicly.that funds for development of parks should go to Lucchesi Park. Councilman H'arberson also stated to acquire this particular parcel would be very expensive. Councilman Balshaw stated perhaps if it was not rezoned for residential use it may not be beyond the' reach o -f the City `to purchase. Councilman Cavanagh indicated this piece of property has -been talked about for 10 or 12 years to his knowledge. There have been three different-proposals for land. He .also stated if the 1 February 21, 1978 RECOMMEND' "McNEAR City intended to designate the area for a park, it. MANOR ESTATE" BE, should have been done before the developer wend DEVELOPED. AS' .. through the. allocation board, City Attorney Larry RESIDENTIAL Klose cautioned the. Council if the land was rezoned "to RES #8102'NCS a. category other than residential, the City would have (Continued) to,be very' careful about precondemnation activities'. Councilman Ba <lshaw stated the Planning Commission requested an EIR'on the parcel. The"Planning Commission was not sure it could be developed into R -1 -6,500 because of the topography of the land. .Councilman Bond stated the specific request from the Planning Commission was to have the Council reconsider whether this site should be used for a park or some other use. Since it appears the Council does not wish to consider the site for a park it.might.be well for the Planning Commission to ask for a limited EIR. Councilman Bond also stated he felt. the City now has a commit- ment to the developer and agreed with Councilman 'Cavanagh's statement if the City had wanted.it for parkland it should have indicated prior to the devel- oper going through the allocation system. He felt there was an obligation to designate the correct zoning for the development:as long "as it is protected by an Environment�al.Imp-act Report. The previous Planning Commission established the fact this parcel was going to be developed for residential purposes. Resolution No. 8102 N.C.S. stating "the sense of the C called McNear Manor Estate be developed as residential for sensitivity in environmental review of any project thereon was introduced by•Councilman Bond, seconded by and adopted by six affirmative and one negative "votes. voted "no ". ey Council that the so- and expressing concern to be constructed Councilman Hilligoss Councilman Balshaw y CONTRACT WITH STATE Community Development and Services Coordinator Frank �" 7 OF CALIFORNIA FOR Gray stated some time ago a historical survey of th e PUBLICATION OF City had been completed and a.,summary of the survey,. HISTORIC SURVEY approximately 100 pages, was.to be printed. Estimates : RES #8103 NCS for: the cost of the printing were received and the lowest price was $5,100 for 1,000 copies. In the meantime Mr. Gray has been pursuing a grant from the,State of California for the printing. The State of California Department of. Parks and Recreation has, now approved their participation in the printing,. The City will be respon- sible:for the publication of 1,000 copies. The.S ate, will grant $3,000 and the City will match with $3,400. The City "will be 'able to sell the books. Mr. Gray suggested a $5 price'to recover the cost of the survey and print- ing of the books. The second part of Mr. Gray's ,discussion was a.pro.posal to enter into a con- tract with Dan Peterson, the consultant for the Historical.Survey. Under the terms of the agreement, Mr. Peterson would work with the-Historical and Cul- tural Preservation Committee to determine if the draft of the.survey is still current. He would be given the right to sell 4,000 copies for State and Federal distribution. This would reduce the cost to Mr. Peterson as well as relieve the.City of the burden of making distribution to these agencies. Since Mr. Peterson was unable to attend -the meeting, Council determined to approve the contract with the State of California and asked Mr. Gray to have further discussion with Mr. Peterson ascertain whether or not the City could receive a certain.percentage of the sales. Resolution No. 810.3 N.C.S. approving the application and contract for historic preservation publ- ication funds for.the City of Petaluma was introduced by Vice -Mayor Perry, seconded by Councilman Harberson "and_adopted by sixlaf'firm- ative and one absentee votes. Councilman Bond was excused from the meeting at 10:25 p.m. 'and was not present for the roll call on this vote. ORDINANCE AMENDING Planning Commission Resolution No. 1 -78 adopted ZONING ORDINANCE January 17, 1978 submitted and'filed. Planning staff F� �'74 BY MODIFYING report dated January ll:; 1978 to the Planning Commis - SECTION 2.0 -300 Sion submitted and filed, A letter requesting the PARKING REQUIREMENTS change in the Zoning Ordinance from Mr * Richard F. ORD #12;78 NCS Lieb dated November 11, 1977 addressed to the Planning (SECOND READING) Commission submitted and filed. Planning.Drector Ronald Hall stated the matter had been brought to his attention by Dick Lieb who had requested a modification to the parking conditions for duplex,properties. The Planning Commission recommended approval. No adverse February 21, 1978 Resolution No. 8104 N'.C'.S, estaba- ishing,cable television rates•f`or certain senior citzefis and handicapped persons was introduced by Councilman Hilligoss, seconded by Councilman;Balshaw. and adopted by six affirmative and one absentee votes. REQUIRE DEVELOPERS Assistant City Manager 'David Breninger stated "under a, OF NEW.SUBDIVI:�IQNS prior ordinance adopted'by the City in 1974 the•devel- AND RESIDENTIAL oiler: or 'builder paid for'trenching costs and 'backfill STRUCTURES T,O, ing costs in 'new subdivisions. The ordinance INSTALL CATV'SYSTEMS would enlarge these provisions to include the installa- ORD X6128'1 NCS tion of all conduit., vaults and pedestals, and internal wining City Attorney .Larry Klose pointed out the proposed ordinance differs from'Viacom's proposal where they had req.uest'ed the developer to provide amplifiers. The ordinance places responsibility on Viacom instead of the developer. Mr. Breninger' stated the repres,enfative ` of the Associated Building Industry of America had asked to be notified when the ordinance would be considered for final adoption. II& had spoken with Rena Clements.; however, she was •:unable to attend this evening's meeting. Mr. Larry Smith, the executive offcer.of the Construction Industry of- America of' Sonoma County was present and indicated the association is opposed to.•,the ordinance. They feel it is ,unfair for the'building industry to subsidize another private business. Mr. Smith indicated the cable television industry is not regulated by the Public Utilities Commission, and lie also stated he did not feel the action was legal.- Mr. Jerold Phillips of Phillips Gons1ruction Company also spoke in.opposition to the proposed ordinance. ORDINANCE AMENDING comments have been 'received from reviewing agencies.. ZONING ORDINANCE The proposal would reduce the number of . parking spaces BY MODIFYING 'speci'fied for each duplex living unit from three to SECTION 20 73.00. two,. This would provide each rental unit with one PARKING REQUIREMENTS covered and one - uncovered space. ORD #12A ,N:ds (SECOND "READING) 'Ordinance No. 1278'N.C.S.,amending, Zoning Ordinance (Continued_) No. 1072.N.C.S. by modifying Section 20 -300 re 'parking requirements for- single - :family, and duplex or compact dwellings was adopted by six affirmative.and one absentee votes. E'ffect'ive date of ordinance March 23, AMEND SECTION City Attorney Larry Klose advised the Council had 1,:12.010 OF PETALUMA previously adopted an ordinance authorizing Police ' {� MUNICIPAL CODE Service Aides., Parking EnforcementoOfficers `and other d" AUTHORIZING CITY City employees to enforce certain provisions 'of the PERSONNEL TO ENFORCE Municipal Code. ;Since that time it has been deter — CERTAIN PROVISIONS! mined there area limited number of. State 've'hicle code. OF STATE .LAW violations which are also enforced City, personnel. ORD #1280 NCS This ordinance would amend the section of the code to (EMERGENCY:): allow, enf'o:rcement of certain provis'i:ons °of t e ;State law. The intent of the ordinance is for' these speci- Tied City employees to only issue cita`tions': Ordinance No'. 1280'N.C.S. amending Section 1.12..101 of the Petaluma Municipal Code authoriz'ng;Police Service Aides, Parking Enforcement Offic and.other City.employees'to- enforce certain provisions of State law was adopted by six affirmative and one absentee votes: Effective date of ordinance'February 21,, 1978.' ESTABLISH CATV. A memorandum dated February 15, 19:78 from Assistant RATES ; FOR SENIOR City Manager David A. Breninger to the City Council I\� CITIZENS AND submitted and :filed`. Mayor Putnam asked 'Mr.. Leonard \/ HANDICAPPED PERSONS Keller from Viacom Cablevision if the rates 'outlined RES #810'4 NCS in the resolution, $ for handicapped 'subscribers or subscribers 62 years age, or older who receive SSI benefits, is in effect in :other communities. Mr.'Keller indicated the rate is it effect in Ma-rin County at this time. Councilman Cavanagh ques- tioned the'numbe'r - of people who would be eligible for the reduced rate. Mr. Keller indicated he did not have exact numbers but in Sonoma County there are more People eligible than in Marin County. Resolution No. 8104 N'.C'.S, estaba- ishing,cable television rates•f`or certain senior citzefis and handicapped persons was introduced by Councilman Hilligoss, seconded by Councilman;Balshaw. and adopted by six affirmative and one absentee votes. REQUIRE DEVELOPERS Assistant City Manager 'David Breninger stated "under a, OF NEW.SUBDIVI:�IQNS prior ordinance adopted'by the City in 1974 the•devel- AND RESIDENTIAL oiler: or 'builder paid for'trenching costs and 'backfill STRUCTURES T,O, ing costs in 'new subdivisions. The ordinance INSTALL CATV'SYSTEMS would enlarge these provisions to include the installa- ORD X6128'1 NCS tion of all conduit., vaults and pedestals, and internal wining City Attorney .Larry Klose pointed out the proposed ordinance differs from'Viacom's proposal where they had req.uest'ed the developer to provide amplifiers. The ordinance places responsibility on Viacom instead of the developer. Mr. Breninger' stated the repres,enfative ` of the Associated Building Industry of America had asked to be notified when the ordinance would be considered for final adoption. II& had spoken with Rena Clements.; however, she was •:unable to attend this evening's meeting. Mr. Larry Smith, the executive offcer.of the Construction Industry of- America of' Sonoma County was present and indicated the association is opposed to.•,the ordinance. They feel it is ,unfair for the'building industry to subsidize another private business. Mr. Smith indicated the cable television industry is not regulated by the Public Utilities Commission, and lie also stated he did not feel the action was legal.- Mr. Jerold Phillips of Phillips Gons1ruction Company also spoke in.opposition to the proposed ordinance. February 21, 1978 REQUIRE DEVELOPERS City Attorney Larry Klose stated since the legality,of OF'NEW- SUBDIVISIONS the ordinance has been challenged he felt he should. AND RESIDENTIAL comment, The Viacom Company is an unregulated public STRUCTURES;'TO utility, and the City ha_s the riglit to pass legislation INSTALL CATV SYSTEMS of this kind <and apportion the cost. If the Council ORD #12'81 LVCS' determines to pass the ordinance, it .is a question of (Continued) their discretion but not'of the legality. Ordinance No. 1281 N.C.S. to require developers of new subdivisions and resi- dential structures to pay for or install CATV systems to serve said properties in underground utility areas was introd''uced.by Vice - Mayor Perry, seconded by Councilman Balshaw and ordered published by five affirmative, one negative and one absentee votes. Councilman ''Cavanagh voted "no ". ACCEPT RESIGNATION Mayor Putnam advised she had received a letter from OF ANTHONY L. WRIGHT Anthony L, Wright dated February 15, 1978 informing FROM PLANNING the City Council he has accepted a position with the COMMISSION County Counsel's Office of Placer County and will not RES 48105 NCS be able to continue his association with the Planning commission.. A copy of the letter is on file with the .City Clerk., Resolution No. 8105 N.C.S. accepting the resignation of.Anthony L. Wright from the Petaluma Planning ;Commission was introduced by Councilman Harberson, seconded by Councilman Balshaw and adopted by five affirmative and two absentee votes. . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at-11:04 p.m. to an Executive Session. Mayor Attest: —� C ty Clerk 1 "4. %. 1 1