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Minutes 03/06/1978
_Vq: MINUTES bF MEETING! OF CITY COUNCIL PETALUMA, CALTFORNIA MARCH .6, 19'78 REGULAR MEETING In the absence,of 'Mayor Putnam and Vice -Mayor Perry, the City Clerk called the meeting to order at 7:3 - p.,m. ROLL CALL Present: Councilmen Balshaw, Bond, Cavanagh, Harberson, HilligosIs *. Absent: Councilman Perry and Mayor Putnam. *Councilman Hilligoss arrived at 7:34 p.m. ELECTION OF Councilman Cavanagh was unanimously elected Mayor Pro PRESIDING OFFICER Tempore. INVOCATION The Reverend Marvin Barbee, First Assembly of God Church, gave the `Invoca'tion. PLEDGE'OF ALLEGIANCE The. Pledge of Allegiance was led by City Clerk Marjorie Wilson. APPROVAL OF MINUTES The minutes of.the Regular Meeting'of February 6, 1978, were approved as mailed. The minutes of the Adjourned Meeting of February 13,.'1.9`78, were approved as mailed. CONSENT' CALENDAR Councilman'Balshaw asked.to have Agenda Item #2, per- taining to.the .prohibit'ing of .parking in employee parking areas at the Petaluma Public Library', removed from the Consent Calendar. A motion was made by.Counncilman Hilligoss, seconded by Councilman Bond, to adopt Resolutions, Items. #1 and #3', and order theOrdinanc'es published, Items #4 and 115. Motion carried unanimously. Agenda. Item #1 APPROVE SPECIFICA- TIONS - -BAR :SCREEN REPLACE MFIT RES # #106 NCS Agenda, .:Item #3 APPROVE CLAIMS AND BILLS; Q RES #8107 NCS Agenda Item #4 AMEND ZONING - ORD. BY REZON KG_L' A.P. #006 - 092 - 13 ( 16 WEST STREET - HLTON ORD 2. NCS L4W, .S Resolution #8106 N..C;.S..authorizing the purchase of a bar screen replacement 'for the,'Wa't'er` Po luti Control Fac it tv - was adopted. 'Resolution #8107 Ns.C.S.. approving Claims and Bills, #4294 - #4412, inclusive, General City; and, -- #841 - #857, inclusive, Water,, was adopted. ,Ordinance. #1282 N,.C.S. amending Zoning Ordinance #`1072 N.C.S. by reclassifying and rez.oriing .A. P #006- 092 -13 (approximately 7,.000 square feet) from C =H (Highway Commercial) to R -C (Compact Residential)- (16 West Street - Hamilton), was introduced and ordered published.. y; Agenda Item #5 Ordinance: #128`3 N.C.. "amend -ing Zoning Ordinance #10.72 AMEND ZONING ORD,. N _C. S. by' reclassifying and rezoning a portion' of Park TO REZONE PORTIONPe Place Subdivision from 'PCD' (Planned Community Development) PA_ Ri LACE SUBD.6d(�,;� to -a Planned Unit District, for Phase II of the" "develop- FROM PCD' TTO PUD ment:' (Qantas),, was introduced' and ordered published.. (QANTAS) ORD #1283 NGS GIBS" ESTABLISH EAST City. Engineer David Young, gave a,. history of the Was " 3 WASHINGTON STREET' in_gton Street Widening Project, and stated for a un ber UNDERGROUND,vUTILIT-Y C �o`f .years the City has. been. planning. the widening* of 2 ISTRICT 1146. 1 ) Washington ;Street.. 'The.,last stage to be completed is RES #8108 NCS from east of .Lakeville Street to the Freeway.. The \ oe5 project has been proposed to be funded by Federal Aid 4 1 March 6, 197`8 Mr.. Young then went on to report on the status of the project at this time., The City is presently under contract .with the State. :of California to appraise the ,property and ultimately negotiate and acquire the property for the City.. The undergroundirig. will physically: take place in the, widened, right -of -way,. Before the City can actually begin construction', it is necessary that the; right -of -way be acquired and the utilities be placed underground. The time- table.for construction is variab.le, depending upon how soon the,State, acting as the Agent,for the City, can complete the appraisals negotiate and acquire: the necessary right -of -way.. The latest. estimate appears to be. around. April 1979, before the right -of -way could be acquired.. Mr. Young stated P.G,.& E.'was asked, when they could have their under-grounding work, completed i'f; ,the,'Cit,y turned the ,right -oaf -way over :to them. :by June of 19.78.. P.G.;& E. advised they would ,have the undergrounding. completed by February, of 1979, and' by June of 1979, they would' - remove the. overhead :poles.. These, dates have 'been entered into the resolution to be considered by the Council; however„ it may have to be amended at a later date. if litigation is required on. - the acq :uisition.of property. In order for.P..G.& E. to process, their engineering design and actively begin work on the ,project,, it,.is necessary for ,the, City of Petaluma to create an Underground Utility D, strict... Mr,. Young stated a more pessimistic timeline would be for P.G. &.E. to start, their process of actually undergrounding the utilities in the,Spring of 1979, and have'it completed by the Spring, of 1.98'0. At the conclusion.of Mr. Youngs presentation,, Councilman Hilligoss stated it was her understanding.ihere would'. be �some,cost,to the'pro.perty owners. Mr Young stated the cost to the . prop erty owners .is! a .funct the rules and regulations of.:the public utilities,, and he stated he would defer the questions to Mr. Bud Bartlett, representing-Pacific-Gas and.Electric Company,, and Mr. Dick.Brow.n from,Pacific Telephone Company. The Mayor P„ -Tem then opened the Public Hearing. Mr. Bud Bartlett of 'P.G..& E. explained when the undergrounding is accompl•ish,ed on East Washington Street, there will be a splice box in front of, each proper It would be the property owner'sresponsibil'ity to go from the sp,liceib.ox to the ,building,. The. property, ;owner can ask P..G. &.E._,for their services; to do the trenching and backfilling. The cost for this would be approximately $L.70 ;per. foot. The Utility Company will pay.for the first, l00 feet of c.onduc,tor from the splide.box to the,.property. Anything over that would be approximately $.75. per :foo;t.. The price for .the wire he quoted .was. for ,.residential only, as there may be different sizes for .commercial uses which could increase the cost. Councilman, Hilligoss;.asked if .Mr. Bartlett could give an approximate cost for a home to connect to the underground utility: Mt...Bart.let't indicated'he was not sure what the price wou d b.e.at this time, ,but he.thoughtt when they last used the Ruule 20,'. it was..somewhere, between $30:0 to $400.. The, best thing, for property owners to do, he explained, would :b . to consult an, electrician. Mayor Pro Tem.Cavanagh 'indicated when the last,pr :oj�ect was done on:South McDowell Blvd:. , a group of the property ..owners. ,go.t together-. and, hired. one electrician to contract for the entire job and thereby reduced the cost. ESTABLISH EAST. Urban Funds. Several years ago, the City published a.' WASHINGTON STREET Negative Declaration,on the various impacts of the , UNDERGROUND UTILITY DISTRICT NO. 31 project. on the neighborhood, and.one of the findings at that time was that the ov'e'rhead utilities should be RES 48108. NC.S under- grounded. This recommendation was; made by the (Continued) Planning Commission to the City Council and the City ( Council also agreed to,proceed with the undergroundng of the. utilitaes,. Mr.. Youn g. sta ted he. believed..it was a requirement of the : F.ederal.Aid Urban.Systems that the mitigating measures be followed. Mr. Young stated,for ;a number of years the Public Utility Commission of the State, of California has, had a special source :of' funding., referred to as Rule. 20 Funds, wherein some of the users' utility rate goes toward the of utilities. `The County of Sonoma also. gets .a share; of these funds. "The City also shares in Rule 20 funds .on a population basis- The City has made.appli- cation to the Board of'Supervisors for a pro ;rata share' which was subsequently granted. Consequently, the cost of `he undergrounding will be borne-by a combination of City:and County Rule 20 funds: Mr.. Young then went on to report on the status of the project at this time., The City is presently under contract .with the State. :of California to appraise the ,property and ultimately negotiate and acquire the property for the City.. The undergroundirig. will physically: take place in the, widened, right -of -way,. Before the City can actually begin construction', it is necessary that the; right -of -way be acquired and the utilities be placed underground. The time- table.for construction is variab.le, depending upon how soon the,State, acting as the Agent,for the City, can complete the appraisals negotiate and acquire: the necessary right -of -way.. The latest. estimate appears to be. around. April 1979, before the right -of -way could be acquired.. Mr. Young stated P.G,.& E.'was asked, when they could have their under-grounding work, completed i'f; ,the,'Cit,y turned the ,right -oaf -way over :to them. :by June of 19.78.. P.G.;& E. advised they would ,have the undergrounding. completed by February, of 1979, and' by June of 1979, they would' - remove the. overhead :poles.. These, dates have 'been entered into the resolution to be considered by the Council; however„ it may have to be amended at a later date. if litigation is required on. - the acq :uisition.of property. In order for.P..G.& E. to process, their engineering design and actively begin work on the ,project,, it,.is necessary for ,the, City of Petaluma to create an Underground Utility D, strict... Mr,. Young stated a more pessimistic timeline would be for P.G. &.E. to start, their process of actually undergrounding the utilities in the,Spring of 1979, and have'it completed by the Spring, of 1.98'0. At the conclusion.of Mr. Youngs presentation,, Councilman Hilligoss stated it was her understanding.ihere would'. be �some,cost,to the'pro.perty owners. Mr Young stated the cost to the . prop erty owners .is! a .funct the rules and regulations of.:the public utilities,, and he stated he would defer the questions to Mr. Bud Bartlett, representing-Pacific-Gas and.Electric Company,, and Mr. Dick.Brow.n from,Pacific Telephone Company. The Mayor P„ -Tem then opened the Public Hearing. Mr. Bud Bartlett of 'P.G..& E. explained when the undergrounding is accompl•ish,ed on East Washington Street, there will be a splice box in front of, each proper It would be the property owner'sresponsibil'ity to go from the sp,liceib.ox to the ,building,. The. property, ;owner can ask P..G. &.E._,for their services; to do the trenching and backfilling. The cost for this would be approximately $L.70 ;per. foot. The Utility Company will pay.for the first, l00 feet of c.onduc,tor from the splide.box to the,.property. Anything over that would be approximately $.75. per :foo;t.. The price for .the wire he quoted .was. for ,.residential only, as there may be different sizes for .commercial uses which could increase the cost. Councilman, Hilligoss;.asked if .Mr. Bartlett could give an approximate cost for a home to connect to the underground utility: Mt...Bart.let't indicated'he was not sure what the price wou d b.e.at this time, ,but he.thoughtt when they last used the Ruule 20,'. it was..somewhere, between $30:0 to $400.. The, best thing, for property owners to do, he explained, would :b . to consult an, electrician. Mayor Pro Tem.Cavanagh 'indicated when the last,pr :oj�ect was done on:South McDowell Blvd:. , a group of the property ..owners. ,go.t together-. and, hired. one electrician to contract for the entire job and thereby reduced the cost. March 6;, 1978 4 � ESTABLISH EAST Mr. Dick Brown, .Manager of the Pacific Telephone Com- WASHINGTON STREET pany in Pe.taluma,�:s:t'ated they would cooperate with UNDERGROUND. UTILITY P.G.& E. on the project; however, they would supplytthe DISTRICT NQ. 3 wire to the location where it.would enter the building. RES 4:8.108 NCS Property` .owners who spoke. were.Mr. Stuart Curtis -, who (Continued')' . T_ explained he was.iinterested the cost and understood it would ° be - .the proper ty' owner''s..'respohaib 1i:ty only from the splice box to their 'property., -: Mr. Vic DeCarli questioned who would.pay for the,conduit,., Mr. Bartlett indicated this would `be the prop.ert.y owner's responsibility, as P.;G.& E. would only supply. 'th'e conductor or wire. Mr. Larry. Parks. questioned whether, it was th'e':intent to form a, district to pay the cost so the:'property owners-could .later pay back.on some type of agreement.. Mayor Pro T.em Cavana,gh.ind'icated there.would be no.payback. Mr. Parks then asked if the under•.ground'ing facilities were to be constructed in the right -of- way - on the south' side of the street:,. how far would.-the - property on the north. side have to pay. Mr. Bartlett indicated, it would be from the property line to the structure Mr. Alex Csutoras' advised he has:a business on.the corner of .East Washington and Wilson Streets, and, claimed ,all of. his utilities presently come off of Wilson Street.. He quesaioned,whe,ther his utilities were going to be changed around -to come from the Underground District.. City Engineer David Young. indicated the..Undergrounding District is 90 feet back from the centerline, but Mr. Csutoras saated. pole where he acquires his utilities - ,is approximately 150 feet off of -East Washington Street;. Iv ,did not-appear,, then,; that. this particular piece of property at 50.1 East Washington Street would receive ser- vice from the .underground .utility.., -The, City-,Engineer indicated this matter, . would have: to be investigated, however. The next person to.,speak, in,; the -Public ;Hearing •was;,Mrt Doug. McCabe. Mr. McCabe stated widening the street, . &,going,. to .beifunded'. the...S'tate and, the citizens of Petaluma would benefit by the widening, and he questioned why the cost of the undergrounding should be the responsibility of the property owners. He also stated some of the property—owners along the.s.treet felt they would`be losing by the s.treet..w:id'en ng of:.the,.redict on of lot sizes;. .City Manager: Robert Meyer pointed out - the prop.ert.y owners;. would be gaining by having new curb, gutter and sidewalks installed a,t.the.expense Hof other taxpayers. City Attorney Larry Klose: also indicated at the time the property is acquired by the City, there,.may be +sever.ence damages paid.. It- was also his, experience in other communities where : had.b.een accomplished that the property values increased, rather: than decreased. -, • „ ,. iWl , _• City Engineer David Young; felt-there was some misunderstanding on, Mr. McCabe's . part. He explained . the. Undergroind`Utility District is being funded by Rule 20 monies; paid. by_ all utility users. A portion of. this money is required to be held by; the Util•ity_Comp :any.f-or undergrounding ,purposes. :Lt,. is,-possible "to . have: an- ;underground district, whether •is street widening or;not,; it just so happens in this case.the environmental documents ,for, the street- project called for' undergr- ounding, .utilities as .a.mi,tigating measure. The street pro:ject.is; being funded,by.Federal.rmon es, rather State monies, and the Federa -1 :Aid tUrban - Systems will .fund .83% of .th pr- bj! ,,ect;., The •,remaining •:17% will. bei :the .responsib lit:y, :of' the City,;, but in a.,l,.p,r,obabilit;y „ 17% will = be derived from .State. gas; ,tax -receipts. Mr.,.- YO.Ungr- also, ista,ted Rule, 20 ;monies , can only be spent,,for-undergrounding ut.ili.ty,.services in,the street itself... They .cannot be private-property. Mr. Dan'0'Br en stated. he owned a corner property and questioned' whether he' could take power from the adjacent: street:' Mr'.' Young advised the matter wouia” have to be referred to the Pacific Gas:and,Electric Comapny to determine if the facility's taking power from 90 feet from the centerline. If this is the case, it would permitted to take the power from the adjacent street.. City Attorney Larry Klose the procedure:..for es ablishing the Underground Utiliiy District is very,,rigidly prescribed by the.Street. and Highways Code, and he did not feel the formula could be modified,. There being-no-further discussion from the.public,; the Public Hearing,was. closed.. After a,brief discussion by Council, Re'solution'4i81O8 N.C.S, estabi'ishing East Washington Street 'Utility District;,No. 3, was introduced by r Councilman Harberson, seconded, 'by Councilman ,Ba- lshaid.;: and. adopted 'b'y 'S of f rmative and 2 absentee votes. U� March 6, 19.78 LETTER FROM LEONA A ad'dr.essed•.,to the City Council_by Mrs. Leona B B. GEALTA REGARDING Gealta, was; read by the City Clerk and ordered ;filed C RE AL IGNMENT OF INTERSECTION Mrs.- Gealta suggested the;City purchase: the - property "D" & LAKEVILLE STS. located ,on ..the southwest_ corner of "D" and Lakeville Streets-where formerly a, h6mb:ur;ger stand had been in. business., but. 187.now vacant. Her suggestion was .to- install a :right =hand turn lane at this intersection in order to reduce some of the congestion at the intersection. City Attorney. Larry Klose advised, the matter... had-been, 'd- is'cussed. by the Traf -f c Committee on. February 13, and the 'C'ommittee; agreed' it was an : excellent idea. Mrs;. Geal,ta was advised at that time there had.been a study completed for the. widening of;::!'-Dl' iStreet. It was-their suggestion She refer ;the, ,matter 'to the . City Council in order.. to have, the Council, review thei priorities':.' City Engineer David Young stated the C:ty.Councl., in - previous years, had: reviewed plans for the, widening-of' "D" ,Street,: The matter had been placed on; the ballot as a bond issue but was defeated.: He .felt Mrs.. Geal'.ta's suggestion. was a good onei and also stated he felt some - improvements on "D" Str,eet� could be, implemented in stages.. As far as improving the conditions at the intersection of Lakeville Street and. ''D'= Street his suggestion was to widen the roadway down to ' Copeland_ .S,treet.. This will provide a 'tapering effect, 'to :allow suff i- cient distance, to merge traff;ic..from two lanes to four lanes. The cost. of such, a project, if 'constructed in thei Summer of 19:79, would 'be, approximately $405,000.. Mr. Young also. suggested .th'e Council seriously .consider .acquiring the ;property at the- corner of "D" Street. and Lakeville, at this time, as' it :is presently vacant and it would be an'.opportune time to acquire the property. Af ter' a brief discussion, a resolution* authorizing the, :commencement of nego -, tiation to acquire Parcel #07- 153 -08., was introduced by' Councilman .Bond,, seconded by Counclman.Harberson, and adopted by'.5 affirmative and 2 absentee votes `'City -Attorney :Larry Klose advised, •if. negotiations are, �succ'essful -, the acquisition' of the. property' would. require :the .adoption of an ordinance, Ct� SERVICE Mayor Pro 'Tem Cavanagh..xndicated Vice - Mayor; Perry had AREA LAW: -- SHERIFF" S attended, the meeting .where this, ;matter 'had been dis- DEPARTMENT C_=O - cussed and asked the City Manager to report. in. Mr. Perry's absence. Mr. Meyer stated the Mayors' and.Councilmen's Association had discussed ways and means` to determine if the services provided by the :Sheriff'is: Department in the unincorporated areas, such as Roseland Guernevil;le and the Sonoma Valley, were excessive as all taxpayers within the' County, including the urban: areas, were'bearing'the costs for these servi.cesi. The urban, areas receive little or no service from theSheriff's Department:. In order to make such a determi- ,nation, there are rules and regulatigns which must be ,followed, and one of those would be: to have a study prepared to prove the services iri the unincor porated areas are excessive. The Local- Agency Formation Commission could be the third party to prepare such a study. David Dorfman, the Executive Officer of LAFCO',.investigated the cost for the study and the. estimated ,cost., is $25,00.0. The :dost, for• cities' participating would be.`prora'ted on. an z'ssessed 'valuation 'basis;. After th'e study is completed„ the Local Agency' Formation Commission would s.end..a report to the Board of Supervisors - for .action. If it is determined.the..unincorpora-ted areas are receiving a higher level of: service, there could be a possibility of the for mation of :a County Service Area,to provide Sheriff's services to these areas and paid fqr by the County Service Area.. The City of 'Petaluma''s share .of ,.the✓cos't.. fo:r the study would be approximately $2,500. -to $3,.900.. The ,C1ties of .Sebastopol and Cloverdale have indicated' they are WililiIig 'to. pay. their pro rata share i .o rder..f,or t study: -,to b e : completed , . Mr: Meyer, asked the Council wheiher.or not they wished to move forward on the matter and advised it would be, d at the Mayors' .and Councilmen's .Meeting of March 9, The was to have the ;representative at the Mayors' and, Councilmen's Meeting ,on.March.9 indicate the City-of Re:taluma would be willing to participate in the study.. City Manager Robert Meyer- advised a resolution could,}b'e brought back to the. Council after Thursday's Meeting for the 'Council" s consideration. No 'act `'was taken. j 1 March 6, 1978 ENCROACHMENT- - PERMIT The. matter 'ha& ,previously been• :discussed by. SHELL OIL COMPANYj ' 'oti• February 21, 1= 978',.• _ PETALUMA 'BLVD •NORTH - City Manager Robert. Meyer ;advised he-had arranged a meeting with 'rep resentatives of the She +11 - O il% Company ;and they were -present to answer ques;tions the Council -. - Sh'e +11 -il+= Company is)'anxious to move aheadx•:(in the improvement to.their service.st-ation located at.Petaluma Blvd. North near the Denman Interchange. Councilman Balshaw� stated he objecte'd-- 'to.!She11 Oil Company being permitted the free, use• of the•'•land'..: He: further, stated when .it• b,ecome.s necessary for the City to purchase the right -of -way on 'East Washington Street, the City will be re- quired =to. •purchase gland, - from;Sh Oil Company.* :He questioned whether'some type' �bf cooperative- agreement could be +..made between.. Shell Oil Company and the City on the two properties. City Attorney Larry Klose cautioned the• Cotincil :- regarding••discus'sing any nego- tiations which would i -of -way on East Washington Street for the widening project as.this was no.t the proper forum.for' such a discussion. City Manager Robert Meyer, advis:ed.he had talked with the lady who owns.the property on Pe:taluma•.Blvd:..Nor`th presently being; leased'by Shell Oil Company. She is 'not 'interestedi in purchasing'•th -is _portion of the land to add to the parcel In•'addit,ion,,' Shell Oil Company is .not. interested in purchasing, or,' leasing'the aand'.: 'Mrry.' also stated the property in question would probably not create a' legal -'lot He recommended the. City- retain•ownership and perhaps at some future 'date La new iisei would •be - suggested 'for : the area which may need the additional land for expanded parking. The vaiue•'of the land will not decrease and the City could probably at some future time get a good price for Mrj. Lee Isackson, 'Real Estate Repres'entat ve of +Shell ;Qil Company, advised they stiII hold'a=25. -year lease. at) -the' Petaluma. Blvd'!.' North _ The >rfirm.• would -like to rebuild the service station into a modern self- service,+uni,t.. They do not need the land whch encroaches 'into .the . right -of -way.. 'The Planning Commission had approved -their plans; subject to the ' property in front being. abandoned, 'sold n or- .leased to the +property owner:: The ,property ! owner, Mrs:: Gilbert, is not` •interes;ted -` n.'buying, leasing theland. After some d ts'cuss'= on;!"it was: , determine&by the _Council Ito' take no; action +xto abandon or vacate .-:the property, .thereby) •al ccurrent encroachment' permit , tto.:rema i.n'•f'ull� force and .effect. ROHNERT : PARK. -WELLS + ,City Manager..Robert Meyer advised he, was, working with the North Marin.Water District and moving•ahead on Rohnert Park )Well • s tuat-Ion. The .wells were to, .have .been :completed last Summer, and terms of )the •agreemen;t.+ required R'ohnert+. Park begin paying for the wells March 1', I9x78.. ! Rohner`-t 'P'ark is .'asking for a 30 =day • extension of time. . •,; .. Ire ._ .. . , r! ., MARIN+MUNICIPAL 'Mr. Meyer advised •t'he wishes to purchase more WATER 'DISTRICT :, : -'winter l:time.twater •.from the aqueduct;. but some of the • representatives from contracting agencies would like to- 'have the FMarin Municipal Water District, endorse , the =lx: Warm 'Springs Dam 'Fr•oj.ect, before they 'agree to additional +• ' purchas:es'xof water. TREE PLANTING , ' - +' Thex,Cit3y� Manager . opportunity :to CAULFIELD LANE purchase.bare root trees..for this project at a very good price. The trees .already planted illegally.;on Caulfield -w ll•be moved io "Sunset'•PArk" near Sunset - r.i L., u_ • : and� -Twine •Co.? Cost. for+''mov.i - trees $10G. ENVIR©NMENTAL " °The City' asked•th'b C -i,ty Council- :to' -+the MANAGEMENT PLAN :r. ''!entire. draft'xof th'e plan in order =to 'be ali'lxe't.t'o =give :-Ieg slative'- input at' scheduled Association of Bay Area Government hearings. A 12J 1 'March 6, 1978 DISC HARGE.:REQUIREMENTS _City_ Manager reported a- jotter, had been received from; .- EPA the Environmental _P_ro,tect 'on. Agency dated February 22,, 19.78., advising the City was in'viola_tion-with,.regard.,to certain, discharge=s- from;_the,1:Wage "r; Pollution, Control Plant into the Petaluma River.,,: As.,a Lresult - -of. -the ;notification _from ;EPA, the, :C.ity ,will, have to more, closely, monitor and „enforce, the discharge requirements ,from some of the, indus- tries .in. , the. community. Assistant City °Manager David Breninger reported.he and Fred'Schoeneweis had attended,,-4,-Meeting. on ,Fr,- day,., March '3 which they -had requested -with represen- tatives - from the Xnvironmental, Protect ion) - Agency• arid, the State, Water jQual ty Control .Board <At .this meet-ing, ,a - review -was made of - .proposal, by the, City to monitor ,the. systems and -begin enforcement of Ordinance 41251 'N.:C•:S.,, ,i a -,_ gar:d ng the regulation. •of, ;wastewater. ..,There will., be,. a, requirement for A higher level of service at the Water Pollution Control Plant, :and, •contacts, will, have to be made with local industries:. It.may be necessary °to manda=te' compliance of the -;ordinance byr_the: °various industries. t LEGISLATION'AFFECTING CITIES, 1 , I • *, ; AB 2442=- SP.EED,LIMITS; . The League..of. :Calif;orn a,Cities :,,.in- ,their. bulletin,- has. RADAR'-ENFORCEMENT urged. support of; this bill which would reduce some of the speed .limits by,.taking into, consideration neighbor- ;;, hood,_facilities., such as -schools, presence of - children and,senigr citizens. , 'The,,Council, supported,the bill.. REPORT, BY CDM INC. - Mr. ,Bill Richards;, CDM, Inc.,, reviewed the 'history .of; BREACHING OF LEVEE the project, stating the Corps of Engineers issued 'a ,permit for, breaching th'e,, levee , on August 20, 19,74. The requirement., gat 'that,time, -was to ,revert-City” owned land;,to' salt water. marsh. The original,;,intent was, to - knock. the, .levee down,. and., allow, the tidal; waters to go- n, and ,out' of ,the :area,, - however, . it . was_ determined the, ,land' outside the' 'dike was two -:to : two;, arid. one -half feet • higher than the . reclaimed. land The . p•roj ect.: , has ,gone.out.;to, bid :twice, and the, last' low „bid was for $176,,084. •Due to the high cost of the bid, the Water;Resources•;Cdiltrol Board arranged a meet- ing. ;on February 21, which was attended by the .U.. S.. :Fish and Wildlife, the California Fish and Game ,DePartmen;t, th'e,!Marin- Sonoma, ,Mosquito Abatement District; and, h'is • :firm,; .CDMj,.Inc; Various•. suggestions., were made for `br.eaching the. .levee, and onei which. held favor with the Corps,.of'rEng neers,an& the BCDC- was to build bird .Islands. out of the ma=terial, rather than ,having it.hauled away. The low bidder, Dutra Construc=tion Company.,,.agr.eed to a change order ' and would reduce c'the.�'cos.t f' or. .the project by :$3:2,00.0..,1. 'Thisi, however,;, { creat - ed other problems. because _Cooper.MCrane ,and. Rigging. Company -of Novato intimated' they would file ,.a %protes;ti_- f. the . bid, wascawarded. on. the, basis of the change order. The ..result is .the. ',City. is,,:faced wi=th, the following :alternatives, :;, 1,) • ,award the contract as_ ,it' stands r :and :have., the mater-ia.l.:hauled away;; 2): negotiate ,a change._ order and have the bird - islands built:., which may cause a protest 'to: be 'filed; 31 :rebid the j'ob; however,. Dutra Construction Company is the only firm which has 'biCd on the project and have ,i ndicated *. the y would not offer another' bid;. The: fourth alternative would, be to.try to negotiate - with.the Corps •o -fi Engineers. Mr. Richard's•also•stated;.the Marn= Sonoma Mosquito Abatement District. was concerned regarding the breaching.,, because if. area behind the levee ponded it would create a salt, water: breedingJarea f.or salt,,water mosquitos which_ are extremely hard to control. Mr,. Richards was asked if there could be some' possibility the Corps of•Engineers may change their.requirement. Mrc'Richards indicated this wo.uld.have to be petit oned :.to the''Corps of Engineers, , . Mr. John_Blubaugh,,•.Senior Engineer ,,Scat :e, :Water.Resources Control Board, ad- vised' he had. been recently; assigned,: to the .,pr,oj pct.. Af ter reviewing the 'prof ect and the low .bid .of' $176,084 . he,did not. feel he could. recommend this amount' of money for Federal and,S't'ate grants;._.Mr. Blubaugh indicated he had met with the various agencies concerned and the Corps 'of 'Engineers. adv s,ed him the next time they :put a conditon,,on a permit, they ar:e.,going,.•;to investigate it :more thorough- 1y.11The Corps, of ,Engineers: -is also concerned. if the ;channels are 'dug, a silting. prob,lem..may, ;c- reated,;in dredged. channel,, in. the next few years,. City Manager Robert. Meyer asked Mr. Blubaugh if there was.a possabiiify the City could receive the ,$500,,000 the State is..hold ng•.on the project if the City. agreed to pay the 12�% share for the breachinng.. p;roj eet_.when it was A accomplished. Mr. Blubaugh;. indicated he would: research the matter. He, may be able to'close out this portion :of.the contract, but•wifhhold some of the funds until the final measures are taken on the levee. 1 March b, 1978 REPORT BY CDM ING. -- Councilman ,Bal'shaw asked if. .it:.would be possible to BREACHING OF LEVEE have the U.S Fish. and Wildlife Service purchase the' (Continued) land. They would tlien:be able to drain the area and add to their wildlife greserve ,proposed for the area If they refused., then• perhaps the City' could pgtitioh' th`e Corps 'of Engineers for some re-lief'. City. Efi ineer David Young advised he had - heard the U3. Fish and Wildlife Service had abandoned.their plan for a "preserve in the area. Mr. Richards recommended' the, .C`ouncil •no.t *.take any action at this meeting, as it seemed there were many problems. which,neede'd.to be resolved. 'He suggested another meeting be scheduled ;with. the Corps. of Engineers,, the' :City Engineer, and the State Water.Resources.Control Board.rep;r.esenta,tives to try to find some solution. Since there is an extension of -time to award the bid to Dutra Construction Company to March 24, 1978, the.Council may be able to take an action atitlfeiMeeting 'of March 20, 1978. No action was taken. RECESS . Mayor' Pro Tem. Cavanagh called a recess at 9:55 P.M., and the Council reconvened at'10: p.m. AUTHORIZE EMPLOYMENT City,Eng "ineer David Young advised his 1978 - Program TRAFFIC ENGINEER TO of 'service recommends.signal'ization of the intersection DESIGN STONY" POINT of 'S•toiiyPoint 'Roadoand. Petaluma Blvd; North:- In SIGNAL SYSTEM discussing the matter with'th'e Manager,.Mr.-Young RES 48110 NCS. advised this is a very urgent Traffic counts have been taken which indicate traffic warrants have been -, met fo'r'fultl isignalization for the ma'j'.or Land •minor.; streets and _iriterrup.t- on of ' traf 'ic. The City Manager "-then suggested, �r- ,ather than. wait: until - the 'beginning of the, fiscal year and have 'the'Engineetiig;Depar:tmerit do the design for the project; it might • b.e' best to i employ '•a •p•riva.te rconsuItant to beg- in as soon as possible. the meets all .three "conditions normally applied, namely the vehicular volume on major and minor streets., the interruption of continuous traffic and accident warrants. Councilman Bond reported the _Traffic: also recommended the project- be done.' The approximate cost for the complete, plans... and.,• specifications, ready to put the project out to ,bid, would ',be' approximately $8,,0.00.00. Mr. Young est "ima't'ed work .would. be eompleted.proba'bly within 60 days. Mr. Scharer_ indicated the funds for the completion..of .the..plans and specifications and .the;design could`be taken from gas tax funds combination of revenue sharing or 'reserve for acquisition and improvement. " Resolution 448110 W.C.S. authorizing a contract of. employment with a traffic engineer for design of a signal system for the vicinity of Stony Point Road and Petaluma Blvd.. North was introduced by Councilman Bond., seconded by Councilman Hilligoss, and adopted by. '5 affirmative and 2.absentee votes. ADOPT'VALUATION DATA Commun'ity, Development and.Services Coordinator Frank FOR COMPUTING BUILDING Gray advised the -time. th'e'valu'ation data for . PERMIT FEES computing building permits ;was established - for ttie'City RES 448111 NCS wasi in .1974 'Since that t-ime,,. building costs have gone up and - the, new, "charges .prop os,ed, : an approximate, 6% annual; increase. --The J ees would • remain the same,; however., the new • data-- . would - be used - 'for the "charges: The information for computing -the valuation data - is -'supplied,. to the; City; by ..the Building :Off ic1a•1.'- s .Guide: of.. 1976. After a brief discussion, Res,oltition 48 111 N,..C. -S. .adopting valuation data for comput -ing, building , permit , .•fees;.was> introduced by 'Councilman 'Harberson,, ,seconded b.y.Coutic loran Balshaw; „and .adopted,'by.5_affirmative and 2 absentee votes:;.: if �� ' March 6, .1978 STATUS REPORT OF Finance'Director John.S,charer had provided the'Council 1977 - BUDGET with charts.comparing.major revenue and expenditure classifications;. a, complete set of detailed budgetary reports provided monthly* to, the, departments., il of projects 'by fund. classification, and. a narrative. of -revenue accounts and ; expenditure - .accounts.. In his review of the General ,Fund, Mr-. Scharer: pointed out there would be an increase in revenue due to a revision in the sales tax, as well as'a•revision'in thel revenue& from ,licenses and permits:. The anti cipated increased revenues would be $288,,200, Offsett this increased estimate of revenue would be .the increased..cost for liability insurance amount- ing to 1$87,790:, and . increas.ed premium in Worker." s _Compensation Insurance of- $31,79.'6, or .a net increase of $168,614. Mr..'Scharer' also pointed out, the General Fund. Budget for. 1977 -78 'was short $259 .and,.reserv_e"s had been used, in that amount: APPROVE CERTIFICATE Planning Director Ronald Hall. explained this item. and OF'COMPLIANCE` th'e following one, Resolution #8113 N.C.S., had been A.P. #8 - 15,2 -15 scheduled as consent items at the meeting of Fe_bru.ary 421 -423 DOUGLAS ST., . 21. The matter was deferred until this meeting until a RES #8112 NCS review wa made of the conditions for a common access,- eas,ement and. recordation for ,a joint, .maintenance ; Agreement for - the easement.,. This matter been included in the Certificat of Compliance, both 'for A.P. #8- 15,2 -15 and A.T. #8- 152 -29. Resolution. 1,81 N.C.S. approving Certificate of Compliance - :for David, and Christine. Anderson, and ;Rudolph - and Lo s.Genetti .(A:P #8- 1 -15)'; 'was.`int"ro- duced Cquricilman Hilligoss, seconded by Councilman Bondi and adopted by :5 affirmative and 2 absentee votes. APPROVE CERTIFICATE Resolution #8113 N approving Certificate'of� Com'- 0,'f COMPLIANCE- J. rr_ :: pliance' for David and Christine, Anderson, and. Rudolph' A.P. 15'2 - 29' and Lois, Genetti (A.;P. 48- 152 - 29), was introduced by 425- 427'DOUGLAS ST.._ Councilman Hil.ligoss, seconded by Councilman - Bond,, and RES, #81 NCS adopted by 5 affirmative and 2: ab entee votes. STATUS -0'F REFERENDUM City Attorney `L arry Klose.ad.vsed. the Court had handed ELECTION down a 'decision regarding the. ,suit filed' ,by, Goldrich Kest, and Associates. 'The decision vas a preliminary injunction barring .the City 'from holding a referendum election or otherwise._ considering repeal of the ordinance regarding the xeezoning of propert at the corner of Ely Blvd.. and East ..Washington Street,.. _ Action preserves the status quo-until - a ,hearing, can 'b,e held on a permanent' injunction. The next step,, if theres. is .one;, would be a summary : j'udgment. to make the preliminary; .9inj'i iction permanent or the matter would go to trial- There:wil,,be. more .proceedings before the matter becomes permanent. In the meantime, no election can be held until.'the matter, is resolved.. PROHIBIT PUBLIC This matter had been removed from 'the Consent. Calendar PARKING IN EMPLOYEE at the request of. Councilman`Balshaw. Councilman PARKING AREA AT Balshaw indicated he giving preferential PETALUMA,PUBLIC treatment to °employ.ees,and felt special parking p'ri LIBRARY vileges should" not be granted,. RES 48114 NCS 'City Manager - Robert .Meyer.:stated when the Library was designed, the previous.Council..and the Lib:rary.Board.determined parking should. be provided s,taf,f at the 'Library and „it; is placed on the side of the building:. The pr4lem now :seems 'to be created' by. people who: visit the Rec reation Center and ,park in the ,employ,ee''s .parking lot. Without the lot being designated as employee parking with,the..City's resolution number, the:Police Department °is. unable to,eii.o.rce parking regulations in the.lot. Another problem s created.by'the working .hours at the Library when some of the employees,..who are, mos.t.ly, women, _leave. 'the Library.';at, .9: :00 p:.m. If parking, is not restricted in, employee's parking area and they have to park 'in the fringe areas, :there would, be. some ;distance f`or them to go to .their vehicles.. 1 Councilman Bond St ated twice in the, past 10, days he. has been at - the Library at night when there were no activities-going on in .the.Recreation Building and he was. unab1e'to find, a place to park. He feels there. is „a definite need for' more E March 6, 1978 PROHIBIT PUBLIC` parking at the Library. If an zrea is to be designated PARKING IN EMPLOYEE for employees at'the Library , then . sufficient additional PARKING AREA AT parking should "be provided for the customers. Mr. Bond PETALUMA_PUBLIC also stated,he felt some arrangement should be worked LIBRARY out that the lot would be- available for public parking RES 48114; NCS: during the daytime-and reserved for the employees so (Continued) when they leave the building,,at night they would have easy.access to their automobiles. - He suggested the matter beheld over until representatives from the Library could be present to determine.what kind of scheduling could be arranged: Resolution 481.14 N- .S. prohibiting parking.in areas.marked "Employee Parking" at the Petaluma.Public Library was introduced.by, Councilman Hilligoss, seconded by Councilman Harbers'on, and.adopted by 3 affirmative, 2 negative, and 2 absentee votes. Councilmen Bal-shaw and Bond voted "no ". ORDINANCE REQUIRING Mayor Pro Tem Cavanagh asked for comments or questions DEVELOPERS TO 'PAY FOR on the Ordinance.' There were none and Ordinance #1281. OR INSTALL CATV N.C.S. to require developers of new subdivisions and SYSTEMS residential structures to pay for or install CATV ORD 41281 NCS Systems to serve said properties in Underground Utility (SECOND `READING) Dis;tr.icis, was adopted 3 affirmative, 2 negative, and 2 absentee votes. Councilmen Bond and Cavanagh voted "no ": '.Effective date of Ordinance: April 5, 1978. RECOMMENDATIONS RE Councilman.Hilligoss had presented the Council with a FINAL REPORT. brief review of the Sonoma County Human Services Task HUMAN SERVICES Force Draft Final Report. The date of the memo `is TASK FORCE March 1, 1978, and is on file with the City Clerk. After some discussion on the report and its implica- tions, it was determined to have a resolution prepared for consideration by the City Council at the March 20',,.1978 meeting. No action was taken. ADJOURNMENT There being no further business -to come before the Council, the meeting was.adjourned at 11::04 p.m., to Monday, March 13, 19.78, following the Regular Meeting of.the Petaluma Community Development Commission scheduled for 4:00 p.m. Mayor Attest• Clit Clerk Ak,50( "I ; ! I 1 11 b ; ! I 1 11