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HomeMy WebLinkAboutMinutes 08/04/197526 MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA August 4, 1975 COUNCIL MEETING ATTFNDANCE APPROVAL OF MINUTES the hour of 7:3D p.m. The regular meeting of the City Council of the City of Petaluma was called to order by Mayor Helen Putnam at r Present: Councilmen Cavanagh, Harberson, Hilligoss, Mattei, Perry, and ?Mayor Putnam. Absent: Councilman Brunner. The minutes of July 14, 1975, were corrected at the request of Councilman Harberson, page 7, paragraph 1, which reads "A motion was made by Councilman Harberson, seconded by Councilman Mattei" to "A motion was made by Councilman Harberson, seconded by Mayor Putnam." The minutes were then approved as corrected. CONSENT CALENDAR Before consideration of the Consent Calendar, Mayor Putnam asked to have Items #7 and #8 appointing new members to the Planning Commission removed from the Consent Calendar in order for the Council to determine which appointee would serve the full four -year term and which the lesser term. At the conclusion of the adoption of the Consent Calendar, the Council would recess briefly to make the determination. At the request of Councilman Mattei, Item #5 an amended agreement with Columbia Research from the Consent - Calendar to be discussed-at Motion was then made by Councilman Cavanagh, approving Items #1, #2, #3, #4, X66, #9, 410, Motion carried unanimously. on the Consent Calendar authorizing and Testing Corporation was removed the time Item 420 would be considered. seconded by Councilman Perry, and #11 on the Consent Calendar. A AGENDA ITEM #1 Resolution #7069 N.C.S. denying claim of Debbie Lintow ^/ CLAIM DENIAL -- for personal injuries was introduced by Councilman . r DEBBIE LINTOW Cavanagh, seconded by Councilman Perry, and adopted by RES #7069 NCS 6 affirmative votes, 1 absentee. 1 AGENDA ITEM #2 Resolution #7070 N.C.S. denying claim of Robert F. CLAIM DENIAL -- Camby for personal injuries was introduced by Councilman ROBERT F. CAMBY Cavanagh, seconded by Councilman Perry, and adopted by RES #7070 NCS 6 affirmative votes, 1 absentee. e AGENDA ITEM #3 Resolution #7071 N.C.S. authorizing the City of Petaluma TRAFFIC SIGNAL to release the sum of $4,500 held pending completion PROJECT RS12 -73 and testing of traffic signal at the corner of South RES #7071 NCS McDowell Boulevard and ?McGregor Avenue (Project RS 12- 73) was introduced by Councilman Cavanagh, seconded by Councilman Perry, and adopted by 6 affirmative votes, 1 absentee. AGENDA ITEM #4 Resolution #7072 N.C.S. authorizing the Mayor to MAESTRETTI PARCEL execute a subdivision agreement.for the Maestretti MAP #32 AGREEMENT Parcel Map with Oliver Kullberg and Margaret Kullberg, RES #7072 NCS his wife, Isolena Maestretti, and Philip Joerger (Stony Point Road near Petaluma Boulevard North) was introduced by Councilman Cavanagh, seconded by Council- man Perry, and adopted by 6 affirmative votes, 1 absentee. � AGENDA ITEM #6 Resolution #7073 N.C.S. approving rental of the Petaluma I , � SANTA ROSA JR. Swim Center by Santa Rosa Junior College, Petaluma ✓/ COLLEGE RE SWIM Center, and authorizing the Mayor to execute an agree - POOL AGREEMENT ment for the use of the Swim Center was introduced by RES #7073 NCS Councilman Cavanagh, seconded by Councilman Perry, and adopted by 6 affirmative votes, 1 absentee. 1 9 '7 August .4, 1975 Mayor Putnam then asked the Council if they had any questions regarding the rezoning. There were none. The public hearing was then opened. There were no objections received by the City Clerk to the rezoning and no one appeared at the public hearing to voice an objection and the public hearing was Ordinance #1181 N.C.S. introduced by Councilman Hilligoss, seconded by Council- man Perry, amending Zoning Ordinance X61072 N.C.S. by reclassifying. #'6- 051- 49,.consisting • of approximately 1.2 acres from M -L, Light Industrial District, to a C -H, Highway Commercial District, located at 707 Petaluma Boulevard North (Pacciorini) was adopted by 6 affirmative votes, 1 absentee. BODEGA AVENUE STUDY AREA ORD X61182 NCS ORD '#1183 NCS ORD 661184 NCS (SECOND READING) The three ordinances pertain to an area which has been under study by the Planning Commission and the Planning Department for rezoning and prezoning.' Planning Director Dennis Boehlje advised the Council the first meeting held with the property owners was December 12, 1974. The actual study of the area started about two years ago. As a result of requests for minor subdivisions AGENDA ITEM #9 Resolution #7074 N.C.S. appointing Vincent J. Mamone VINCENT J. MAMONE to the Recreation, Music, and Parks Commission to June / RECREATION, MUSIC, 30, 1979, was introduced by Councilman Cavanagh, AND PARKS COMMIS - seconded by Councilman Perry, and adopted by 6 affirm - STON APPOINTEE ative votes, 1 absentee. RES #1074 NCS AGENDA ITEM 410 Resolution #7075 N.C.S. reappointing Jeannette E. JEANNETTE E. ANGLIN Anglin to the Recreation, Music, and Parks Commission - RECREATION, MUSIC, AND PARKS COMMIS- to June 30, 1979, was introduced by Councilman Cavanagh, seconded by'Councilman Perry, and adopted by 6 affirma- 81ON APPOINTEE tive votes, 1 absentee. RES #7075 NCS AGENDA ITEM #11 Resolution #7076 N.C.S. appointing certain persons to RESIDENTIAL the Residential Development Evaluation Board for the DEVELOPMENT construction year 1976 -1977 was introduced by Council - EVALUATION BOARD man Cavanagh, seconded by Councilman Perry, and APPOINTEES adopted by 6 affirmative votes, 1 absentee. (Planning RES #7076 NCS Commissioners Horciza and Wright were appointed along with Edward Kavanaugh representing St. Vincent's School District.) APPOINT ANTHONY L. Resolution #7077 N.C.S. appointing Anthony L. Wright WRIGHT TO PLANNING to the Planning .Commission . to serve a term expiring r COMMISSION June 30, 1979, was introduced by Councilman Hilligoss, RES #7077 N.C.S. seconded by Councilman Harberson,.and approved by 6 affirmative votes, 1 absentee. APPOINT C. GLENN Resolution #7078 N.C.S. appointing C. Glenn Head to HEAD TO PLANNING the Planning Commission with a term expiring June 30, COMMISSION 1978, was introduced by Councilman Perry, seconded by RES ' #'7078 NCS Councilman Hilligoss, and approved by 6 affirmative votes, 1 absentee. REZONING- -707 Planning Director Dennis Boehlje briefly reviewed the ♦'q � PETAL-UMA BOULEVARD staff report and indicated the'area.on the wall map. NORTH (PACCIORINI) The proposed rezoning from M -L to C -H District of ORD #1181 NCS approximately 1.2 acres located at 707 Petaluma Boule- (SECOND READING) vard North had been .requested by the City of Petaluma as a condition of a parcel map approval to bring the zoning into conformance with the Environmental Design Plan.and the General Plan. Mr.. Boehlje indicated the applicant would have access to Petaluma Boulevard North through the parcel presently facing on Petaluma Boulevard North at 707. Petaluma City Planning Commission Resolution #Z3 -75 recommending the adoption of the proposed amendment to the Zoning Ordinance submitted and filed. Excerpts from the Planning Commission minutes July 15, 1975, submitted and filed. Mayor Putnam then asked the Council if they had any questions regarding the rezoning. There were none. The public hearing was then opened. There were no objections received by the City Clerk to the rezoning and no one appeared at the public hearing to voice an objection and the public hearing was Ordinance #1181 N.C.S. introduced by Councilman Hilligoss, seconded by Council- man Perry, amending Zoning Ordinance X61072 N.C.S. by reclassifying. #'6- 051- 49,.consisting • of approximately 1.2 acres from M -L, Light Industrial District, to a C -H, Highway Commercial District, located at 707 Petaluma Boulevard North (Pacciorini) was adopted by 6 affirmative votes, 1 absentee. BODEGA AVENUE STUDY AREA ORD X61182 NCS ORD '#1183 NCS ORD 661184 NCS (SECOND READING) The three ordinances pertain to an area which has been under study by the Planning Commission and the Planning Department for rezoning and prezoning.' Planning Director Dennis Boehlje advised the Council the first meeting held with the property owners was December 12, 1974. The actual study of the area started about two years ago. As a result of requests for minor subdivisions E August 4, 1975 in the area problems arose because of a lack of a circulation plan. Six alternative plans were discussed with the property owners in December of 1974. These plans related to division of the property into parcel sizes of R -1- 20,000 and R -1- 10,000 minimum lots. The reaction from the participants at the meeting were mostly negative to smaller lots due to need for a circulation plan. Most of the property owners indicated they wanted to retain the openness of the area. Those who preferred the smaller lots and .a circulation system were in the minority. Mr. Boehlje indicated another meeting was up with the-property owners and the Planning.Commission on March.18; 1975. At the second meeting,:the proposal centered primarily on-R-1-20,000 zoning. There was,,however, still.a negative feeling toward any type of circulation system and toward smaller lots. At the meeting the.individual property owners were polled and most preferred to maintain a minimum of one -acre lots or R -1- 40,000 zoning. The Planning Department was left with very few alternatives. One, however, would be to provide for half -acre lots on the south side of Bodega Avenue and the other, which appeared to be unpopular with some, was to require the minimum one -acre and, Mr. Boehlje indicated, the third alternative would be to continue consent to the haphazard development of the area. The General Plan and the Environmental Design Plan called for two units per acre for part of the area and four and one -half units per acre on the south side of Bodega Avenue. The proposed.rezoning and prezoning would permit approximately one and one -half units per acre. Mr. Boehlje then advised the Council he would be happy to answer any questions. In answer to Councilman Cavanagh's question "How many property owners were involved ? ", Mr. Boehlje indicated approximately 60. Councilman Mattei indicated at the time of the study he was serving on the Planning Commission along with Mrs. Hilligoss. He indicated he was 'somewhat disappointed with the conclusions reached in - the size of the lots; however, he still feels-the problem in the area is the development of some type of circulation system. He indicated he could find no objection to rezoning the upper part of the hill to 40,000 square foot lots; however, he also indicated he could see no objection to rezoning the area to 20,000 square foot . lots and if the individual owners wished to sell an acre or a half an acre they would have that option. He also indicated where it is fairly .level, some type of circulation system, a "T" shaped street perhaps, should'be ' developed to provide access if this is what the residents desire. Councilman Mattei also questioned the number of lots that would be permitted on steeply inclined land. His second question was whether or not the City would incur any liability if they changed the zoning, which is presently 6,500 square feet per 'lot., to a lesser value and larger property. In answer to the question on:the matter of slopes, Planning Director Boehlje indicated the subdivision ordinance does provide for extreme slopes. There is a policy which permits two units per acre; however, the City does not at the present time have a zoning ordinance.which considers densities in sloped areas. In answer to Mr. Mattei's second question, City Attorney Matt Hudson indicated he knows of no cases in the State of California .where any public entity has been held liable for down - zoning any area Mr. Boehlje further stated Councilman Mattei was entirely correct-- no.circulation pattern has been provided in the larger lots. These are considered estate -type lots which could be served by cul -de -sacs or private streets. The original purpose of the study was to provide a circulation or grid pattern in the area; however, Mr. Boehlje indicated the property owners and residentsin the area seemed to be rejecting this type of proposal. Mayor Putnam then asked.Director of Public Works David Young for any comments he may have on the circulation pattern in the area. Mr. Young indicated the first matter which would have to be decided would be that of the land use. The circulation pattern could not be laid out until the sizes the various parcels were determined. He did indicate it would be beneficial to the City to provide access to that of Petaluma south of Bodega Avenue. Some thought had previously been given'to extending Webster Street through to give the people in-the Cherry Valley - Schuman Lane area access to the hospital, the Petaluma High School, the Petaluma Junior High School. The matter would lie strictly with the property owners in the area as to what type of ,circulation pattern they would desire. The Planning Director, Dennis Boehlje, then reviewed each area on the wall map; and in answer to Councilman Cavanagh's question regarding the 11 acres and how many parcels it contained, Mr. Boehlje indicated 9 9 August 4, 1975 approximately nine parcels. Some discussion was then held on the number of parcels in the other areas. Mr. Boehlje pointed out the 17 -acre parcel was merely being considered for prezoning and the City, at the.present time, is not considering annexation of the area; however, the City would prefer to have the area set in a zoning pattern. Mayor Putnam then declared the public hearing open. She asked the City Clerk if any objections or communications had been received. The City Clerk advised she had received a telephone call from Mr. Ace Marcellus, who was presently in Stanley, Idaho, opposing the prezoning of the area adjacent to the City limits to R -1- 40,000. He indicated, in his telephone conversation, he would prefer to.have the area zoned R -1- 20,000. Copy of the memo from the City Clerk to the Mayor and Council is on file. During the course of the public hearing, the City Clerk received a petition signed by 84 residents supporting the proposed prezoning and /or rezoning of the Paula Lane - Bodega Avenue property as unanimously recommended by the Petaluma Planning Commission. The petition was presented by Dr. James Paddor. An additional petition presented by Mr. Joe Lovato containing four signatures appealing the Petaluma Planning Commission's recommendation on the 11 -acres bounded by Bodega Avenue, Bantam Way, and North Webster Street was received by the City Clerk. Additional petition presented by•Mrs. Jerry Fowler containing four signatures appealing the Planning Commission's recommendation for rezoning of 52 acres bounded by the City limits, Bodega Avenue, and West Street was received by the City Clerk. Mr. Lovato indicated his property was on the Bantam Way side of the 11 acres in question. He further advised the City Council he had written a letter appealing to Congressman Don Clausen on the matter forwarding a petition containing 15 signatures which had presented to the Planning Commission. The petition and the letter referred to by Mr. Lovato was not presented to the City Clerk for filing. He voiced opposition to the R -1- 20,000, half -acre lots, and felt that one - quarter acre lots would be adequate. Councilman Harberson questioned Mr. Lovato whether or not he had appeared at previous meetings. Mr. Lovato replied in the affirmative. The next person to appear before the Council was Dr. James Paddor. Dr. Paddor clarified the petition he-presented to the Council by stating it included residents of Petaluma, but not all lived in the immediate area and some were not property owners. They were, however, concerned with the devel- opment in this particular area. Dr. Paddor indicated he owns approximately three acres in the area. He purchased the property in order to have the privacy he desired. He also indicated he was opposed to Plan G which would call for three roads adjacent.to his property or abutting his property. He further understood the responsibility for the roads would not be the City's, but would be his. He further-stated the property in question is partially very hilly, has quite.a few oak trees which are quite old, and he is anxious to preserve the atmosphere and the vegetation on his land. He indicated if he was required to provide the three roads indicated by Plan G, he would find it necessary to sell his property as it is his understanding grading and instal- lation of streets and roads in the area would be a very expensive proposition. He was, therefore, asking the City Council to uphold the Planning Commission's recommendations for the'R -1- 40,000 or approximately one -acre size lots. He further felt the'City Council had a mandate to provide low- density areas and open space. Dr. Paddor.further indicated if access was provided to the various locations in the study area, it would be necessary to widen and improve Bodega Avenue to carry -.the traffic. He further stated it was his understanding the sewer line serving the area was very small, probably a six - inch line, which would not be capable of handling increased density in the area. Mrs. Jerry Fowler addressed :the City Council stating she was opposed to the acre size lots. Mrs. Fowler owns property in the area would like to be able to sell parcels of the land if she so desired.. Mrs. Fowler indicated she would prefer to have the land rezoned to R -1- 10,000 square feet. Next to address the Council in the public hearing was Mr. Steve Dorenfeld. Mr. Dorenfeld was speaking on behalf of his father who owned one of the 30 August 4, 1975 largest lots in the area. Mr. Dorenfeld indicated they would prefer to have the lower portion of the acreage rezoned to R-1-10,000 square feet and the upper portion of the area into one -half acre lots. Mr. Dorenfeld remarked because of the taxes they must pay in the area, they feel they should be able to develop the acreage to their own benefit. Mr. Harry Dechene,.who owns a parcel zoned'C -N bounded'by the City limits and Bodega Avenue, spoke to the City Council stating he was opposed to any plan which would require the dedication of streets_ Mr. Dechene advised the Council he has already granted a20-foot easement on one side of his property, and if a 30 -foot easement was required to extend Bantam Way, it would reduce his property to less than a parcel size as only 57 feet face on Bodega Avenue. He felt if the parcels were zoned R -1- 40,000 square feet there would be no need for roads in the area. Mrs. Lois Kana, a resident of Bodega Avenue, also spoke in favor of the 40,000 square foot parcel size. Mrs. Kana further stated she did not feel any good conclusions had been reached through the series of meetings. One of her objections was the need for widening Bodega Avenue if higher density development would be permitted in the area. She further stated some decision.should be made about Bodega Avenue before giving any thought to rezoning.the properties into smaller than acre lot size. City Engineer David Young commented on the widening of Bodega Avenue stating it would have to be widened to a.four -lane arterial. street and he presumed the property owners abutting it would have to be responsible for the widening project. He did state, however, if it went over a period of many years and traffic warranted widening, the City Council could make a decision to use gas tax -funds for the project; however, he did not feel if the City "did the project they would assume the responsibility of providing curbs, gutters, and sidewalks. Mr. Young further stated the future of Bodega Avenue as a through -way to the coast is in doubt because the City's General Plan calls for a connection by way of Skillman Lane with an interchange on Highway 101, thus bypassing Bodega Avenue and Petaluma as a route to the coast. .Mr. Young stated this is not predicted for the near future. 'Councilman Matte, who had been a member of the Planning Commission during the meetings on the Bodega Avenue study area, indicated he feels a solution has not yet been reached, but the matter was more or less forced upon the City by a referral from Sonoma County, which has been denied by Sonoma County. He felt more time should be spent on trying to reach a- compromise decision. Councilman H•illigoss, who is also Chairman of the Planning Commission, advised the Council the Commission had tried to do what the public in the area wanted; however, she said if the lot : sizes are less than 40,000 square feet, the Commission feels roads would have to be built in the area. She also indicated, as a member of the Planning Commission, she had no objections to studying and working on the matter to tray to reach a satisfactory conclusion. Mayor Putnam then asked the City'Attorney's advice on how to proceed on the matter stating she did not feel the City Council was ready,, at this time, to take any action on the ordinances- before them. The City Attorney.advised the Council they had two choices; One was to refer the matter back to the Planning Commission to determine if some consensus on this plan or some other plan could be reached. He advised.the Council, however,, this action places a 30,- day time limit on the Planning Commission. He stated -the second alternative would be to deny the ordinances, which would place a restriction on bringing them back before the legislative body in the form for one.year. Mayor Putnam asked the Chairman of the Planning Commission, Councilman Hilligoss, to refer the matter back to the Planning Commission. She suggested, however, that the staff be augmented to include Mr. Young in order.for the residents in the Bodega Avenue study area to.be made aware of the implications and costs for providing roads and other public improvements such as sewer and wa s ter lines to the area. No action was taken on the three ordinances and the matter was referred back to the Planning Commission. 31 August 4, 1975 DELAY -- SIGNAL Letter from the Department of Transportation, dated SYSTEM, EAST July 11, 1975, and directed to David A. Young, Director WASHINGTON STREET of Public Works, regarding the delay on execution of AT McDOWELL the cooperative agreement for the modification of the BOULEVARD signal at the corner of East Washington Street and McDowell Boulevard was read by the City Engineer David Young and ordered filed. Mr. Young indicated the entire cost for the project `was.appr-oximately $114;000 of.which 83% will be funded by•FAU money. The State's share would be approximately $7,830 and the City's share, for which a cooperative agreement has, already been signed, $23,520. Mr. Young advised the Council he had called the Department of Trans - portation.and pointed out to them the limited amount of money required from the State for the project. He was assured they would analyze the situation and make a determination and advise him when they would be in a position to go ahead with the funding. The consensus of the Council was to wait and hear from the State, and if word 'has not been received from them within a reasonable time, the matter would then again be brought before the Council to determine alternate methods of funding the project. USE OF.BOAT LAUNCHING A letter directed to City Engineer David Young from FACILITY PARKING LOT the Department of Navigation and Ocean Development, RE RIVER DREDGING dated July 24, 1975, was..read by the City Clerk and ordered filed.. The State Department of Navigation is asking permission to use a portion of the boat launching facility parking lot in order for the contractor for the dredging project, Browning Ferris Industries, to use part of the parking lot for a construction trailer and as a miscellaneous supply area. Report from the Director of Environmental Affairs, Frank Gray, -dated July 30, 1975, outlining additional conditions for permission of use submitted and filed. The City Council authorized the City Manager and staff to prepare the necessary agreement with Browning Ferris Industries for the use of the parking lot at the boat launching facility, including the conditions contained in the letter from the Department of Navigation as well as the additional conditions submitted by the Director of Environmental Affairs. JOHN SANCHEZ -- Letter directed to the City Council from Mr. John DOG LEASH LAW Sanchez, 1268 San Rafael Drive, Petaluma, dated July 30, 1975, read by the City Clerk and ordered filed. Mr. Sanchez.appeared at the City Council meeting regarding the leash law imposed by City ordinance and asking permission to exercise his dogs near Schollenberger Park. He advised the City Council he had been exercising his dogs in the vicinity and.had been cited for not having the dogs on a leash. During the course of the conversation, it was brought out that Mr. Sanchez owns 24 dogs and he did suggest he would be able to rent some property outside the City limits in the County area in order to exercise his dogs. The consensus of the Council was the dog leash law was imposed not only to protect the citizens of Petaluma, but also to insure some safety for animals running at large. City Attorney Matthew Hudson advised the Council the leash law was very clear that any dog within the confines of the City limits had to be under the control of the owner and on a leash. This also included the public parks, if dogs were permitted in them. CLAIMS AND BILLS Resolution #7079 N.C.S. approving claims and bills RES #7079 NCS 45076 to #5209, inclusive, General City Funds, and 42978 to 42986, inclusive, Water Department Funds, approved for payment. by City Manager Robert H. Meyer, was introduced by Councilman Harberson, seconded by Councilman Perry, and approved by 6 affirmative votes, 1 absentee. NEW LIBRARY -- Councilman Hilligoss, Chairman of the Planning Commis - MODI-FICATIONS sion, advised the City Council the Environmental Assessment Statement for the proposed widening of East Washington Street from the Freeway to Lakeville Street contained a suggestion that modification be made to the new Petaluma Public Library which is presently under construction to include double paned windows J 3 August 4, 1975 to decrease the noise factor inside the library building. The.matter was brought to the Planning Commissi'on's attention by the Petaluma Library Advisory Committee. Mr..Richard Lieb, .the resident architect for the library project, spoke to the City Council advising the cost for such a modification would be $2,911.60. Mr. Lieb felt he could not recommend changing -the windows at the library building and flelt the reflecting glass which had been proposed should be installed. Councilman Cavanagh brought up the fact that the solar glass, which is proposed for the library.', is one- quarter inch plate glass whereas thermopane, or the double glass, is just plate glass. The Council accepted Mr. Lieb's recommendation and took no action on the matter. NEW LIBRARY - - This matter had been removed from the Consent Calendar COLUMBIA RESEARCH at the request of Councilman Mattei and held for AND TESTING CORP. discussion at this time in order for the architect, AMEND AGREEMENT Mr. Lieb, to comment. Mr. Lieb'explained before RES X67080 NCS construction began five firms had submitted proposals for construction- inspection, two of which were quali- fied welding inspectors; however, in the course of events, the'City determined not to hire outside inspectors, but to have their own inspectors do the on -site inspection as the work progressed. The Columbia Research and Testing Corporation,was hired to perform certain - testing services for the library for which City inspectors would not be qualified. The cost for services in the original contract with Columbia Research and Testing Corporation was one -half of one percent Of the construction cost. Mr. Lieb explained it is now necessary to have - on -site welding inspections made as well as inspection of 'prefabrications at a shop- in Santa Rosa, which necessitated Columbia Research and Testing to inspect the projects before placement into the building. This type of inspection was not included in the first contract with Columbia Research and Testing.. They are asking, therefore, an increase to a maximum compensation under the contract to three- fourths of one percent of the library project'contrac.t cost. Mr. Lieb further explained that by having the City use their own inspectors_on the project, a saving of approximately $22,000 was realized. He further stated the original plans and specifications included about $30,000 for contingencies, consultations, and inspection. Mr. Lieb further stated when Columbia Research.and Testing first proposed the agreement with the City of Petaluma they quoted one -half to three - quarters of one percent. 'It was the City's decision-at that time to write the agreement for one -half of one percent. They now find they are spending more time and the original contract will not completely cover the cost of inspection. Mr. Lieb further stated the building is approximately 33% complete and to date there have been no charges to ommissions and errors. In answer to Councilman Mattei's.queston whether or not the additional expense . for inspection could not revert back to the contractor, Mr. Lieb informed the Council it would be illegal for the contractor to pay for inspection of the building. Upon conclusion of the discussion, Resolution X67080 N.C.S. authorizing the Mayor to sign an amendment to the agreement.between the City of' Petaluma and Columbia Research and Testing Corporation was introduced by Councilman Perry, seconded by Councilman Harberson, and approved by 5 affirmative and 1 negative votes, 1 absentee. Councilman Mattei voted "no." COUNCIL REPORTS PUBLIC HEARINGS -- Councilman Mattei, who had been absent at the July 21, LUCCHESI PARK 1975, 'meeting when the matter of Lucchesi Park development DEVELOPMENT was discussed,•questioned Councilman Harberson, the Council's representative to the Recreation, Music, and Parks Commission on the reasoning behind the request to hold additional public hearings at the.Recreation, Music, and Parks Commission level on Lucchesi Park development. Mr. Mattei felt with the funds available, he thought the decision had been.pretty well set what the plans were for Lucchesi Park; however, Councilman Harberson reminded him at the time the plans were drawn up, they were merely schematics and did not include the plans 1 1 August 4, 1975 and specifications for drainage and grading. The public hearings would be held receive citizen input on the setting of priorities for the park and the expenditure of the available funds. REDWOOD EMPIRE Councilman Cavanagh reported that between 40 and 50 DIVISION MEETING people attended the workshop at the divisional meeting AUGUST 2, 1975 held in Arcata August 2, 1975. A new slate of officers had been installed at the evening meeting with the President now being Lorraine Pearson of Ukiah. First Vice- President Jim Howard of Eureka, and Second Vice - President John Miskimen of San Rafael. The Secretary- Treasurer and Clerk will be from the City of Ukiah. Mr.. Cavanagh stated the principal speaker for the evening meeting was Congressman Don Clausen. Mayor Putnam then commended Vice -Mayor Cavanagh for having completed a very fine year as President of the Redwood Empire Division of the League of California Cities. WEED ABATEMENT -- Resolution #7081 N.C.S. confirming Superintendent of SUPERINTENDENT OF Streets Report of cost of abatement of weeds, rubbish, STREETS REPORT refuse and dirt existing upon the streets, sidewalks, RES #7081 NCS parkways and parcels of private property in the City of Petaluma ordered abated by Resolution #6879 N.C.S. was introduced by Councilman Perry, seconded by Councilman Hilligoss, and approved by 6 affirmative votes, 1 absentee. Report of the cost of weed abatement, dated July 31, 1975, directed to City Manager Robert Meyer submitted and filed. Mayor Putnam opened the public hearing. No objections to the report had been received either in writing by the City Clerk and there were no objections from the floor. The public hearing was then closed and the above resolution adopted. APPROPRIATION Ordinance 41185 N.C.S. which had been introduced by ��`'�► ORDINANCE - - I Councilman Harberson, seconded by Councilman Perry, ' �� CAPITAL IMPROVEMENTS providing for the annual appropriation ordinance for FISCAL YEAR 1975 -76 capital improvements, projects and equipment and ORD #1185 NCS designating reserves for specific purposes for the (SECOND READING) fiscal year July 1, 1975, to June 30, 1976, setting forth the appropriation for each improvement project, item of equipment and reserve was adopted by 6 affirm- ative votes, 1 absentee. Section #5 of the ordinance indicates the ordinance to be an "emergency ordinance" and shall take effect and be in force upon adoption. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. to an executive session and to a study session August 11, 1975, at 7:30 p.m. raqw W", - • Attest: ity C1eK