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HomeMy WebLinkAboutMinutes 10/27/1975T3 MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA OCTOBER 27, 1975 COUNCIL MEETING The adjourned regular meeting of the City Council of the City of Petaluma was called to order by Vice -Mayor Fred Matted at the hour of 7:30 p.m. ATTENDANCE Present: Councilmen Brunner *, Cavanagh, Harberson, Perry, and Vice -Mayor Mattei. *Councilman Brunner arrived at 7:35 p.m. Absent:` Councilman Hilligoss and Mayor Putnam. INVOCATION The invocation was given by Rabbi Aron Horowitz of the Jewish Community Center. APPROVAL OF MINUTES The minutes of October 6, 1975, were approved as recorded. CONSENT. CALENDAR A motion was made by Councilman Cavanagh, seconded by Brunner, to file the two ABC applica- tions and approve the resolutions on the Consent Calendar. Motion carried unanimously. Agenda Item X61 ABC application for Alpha Beta Company for "20" off SJ1 ABC APPLICATION sale beer and wine license, approved by Police Chief, ALPHA BETA COMPANY Chief Building Inspector and,Health Officer was approved by 5 affirmative and 2 absentee votes. Agenda Item #4 CLAIM DENIAL- - DAVID FLEMING RES #7163 NCS Agenda Item #5 CLAIM DENIAL- - SANDRA L. DeZARN RES #7164 NCS Agenda Item X66 CLAIM DENIAL- - LISA VITALI RES #7165 NCS Agenda Item #7 CLAIM DENIAL- - TONY •A. SAMPSON RES #7166 NCS Agenda_ Item X68 CLAIM DENIAL= FLOYD G. SAMPSON RES #7167 NCS ABC application for Thrifty Drug Stores, Inc. for off sale transfer of license, approved by Police Chief, aS'r Chief Building Inspector and Health Officer was approved by 5 affirmative and .2 absentee votes. Resolution #7162 N .-C.-S. denying claim of Randolph 5 Andrew Mack was approved by 5 affirmative and 2 absentee votes. Resolution #7163 N.C.S. denying claim of David Fleming on behalf of Sean Fleming, a minor, was approved by 5 affirmative and 2 absentee votes. Resolution #7164 N.C.S. denying claim of Sandra I DeZarn was approved by'5 affirmative and 2 absentee, votes. Resolution #7165 N.C.S. denying claim of Lisa Vitali�� / was approved by 5 affirmative and 2 absentee votes. Resolution #7166 N.C.S. denying claim of Tony A. � Sampson was approved by 5 affirmative and 2 absentee votes. - Resolution #7167 N.C.S. denying claim of Floyd G. / Sampson was approved by 5 affirmative and 2�absentee °; votes. Agenda Item #2 ABC APPLICATION THRIFTY DRUG STORES, INC. Agenda Item' X63 CLAIM DENIAL- - RANDOLPH ANDREW MACK RES #7162 NCS Agenda Item #4 CLAIM DENIAL- - DAVID FLEMING RES #7163 NCS Agenda Item #5 CLAIM DENIAL- - SANDRA L. DeZARN RES #7164 NCS Agenda Item X66 CLAIM DENIAL- - LISA VITALI RES #7165 NCS Agenda Item #7 CLAIM DENIAL- - TONY •A. SAMPSON RES #7166 NCS Agenda_ Item X68 CLAIM DENIAL= FLOYD G. SAMPSON RES #7167 NCS ABC application for Thrifty Drug Stores, Inc. for off sale transfer of license, approved by Police Chief, aS'r Chief Building Inspector and Health Officer was approved by 5 affirmative and .2 absentee votes. Resolution #7162 N .-C.-S. denying claim of Randolph 5 Andrew Mack was approved by 5 affirmative and 2 absentee votes. Resolution #7163 N.C.S. denying claim of David Fleming on behalf of Sean Fleming, a minor, was approved by 5 affirmative and 2 absentee votes. Resolution #7164 N.C.S. denying claim of Sandra I DeZarn was approved by'5 affirmative and 2 absentee, votes. Resolution #7165 N.C.S. denying claim of Lisa Vitali�� / was approved by 5 affirmative and 2 absentee votes. Resolution #7166 N.C.S. denying claim of Tony A. � Sampson was approved by 5 affirmative and 2 absentee votes. - Resolution #7167 N.C.S. denying claim of Floyd G. / Sampson was approved by 5 affirmative and 2�absentee °; votes. p October 27, 1975 a Agenda Item 4617 AUTHORIZE CITY MANAGER, REPRESEN- TATIVE COMMUNITY ti DEVELOPMENT ACT OF 1974 RES 467176 NCS Agenda Item 4618 Resolution #7176 N.C.S. designating City Manager as authorized repres'ent'ative for purposes of Community Development Act.of 1974 was approved by 5 affirmative and 2 absentee votes. COMPLETION- - f6 FAIRGROUNDS WATER SYSTEM PROJECT 46WD 1 -73 -1 RES #7177 NCS Resolution 467177 N.C. -S. accepting comple ion of Water System Improvement Project, Sonoma - Marie County Fairgrounds -- Contract 45 -74, Proj, ;:ect WD 1 -73 -1 was approved by 5 affirmative and .2 absentee votes. The City Engineer's certification of completion.is on file with the City Clerk. Agenda Item #9 Resolution. #7168 N.C.S. denying claim of Floyd G. DENIAL - - Sampson was approved by 5 affirmative and 2 absentee a� (CLAIM FLOYD G. SAMPSON votes. RES #7168 NCS Agenda Item #10 Resolution #716,9 N.C.S. authorizing the Chief of AUTHORIZE POLICE CHIEF -- EXTEND OCJP Police of the City of Petaluma to execute appropriate x forms for the etension or modification of OCJP Grant GRANT No. 14 -97 -2 and Contract No. A- 1497 -2 -74 was approved RES 47169 NCS by 5 affirmative and 2 absentee votes. Agenda Item :411 Resolution 47170 N.C.S authorizing the purchase of CALL FOR BIDS -- liquid chlorine for the City of Petaluma was approved a ANNUAL CHLORINE by'5 affirmative and 2 absentee votes. Date for CONTRACT receiving said bids November 12 1975 at 2:30 .16 RES 47170 NCS Agenda Item 412 Resolution 47171 N.C.S. calling for bid's and approv CALL FOR BIDS -- ing specifications for the purchase of, one gasoline. , GASOLINE MOTOR motor scooter for the Police Department was approved SCOOTER by 5 affirmative and .2 absentee votes Date of bid RES X67171 NCS opening, November 12, 1975, at 2:00 p..m.. Agenda_ Item ,413 Resolution 467172 N.C.S. approving,agreement for Speed !� AGREEMENT - -SPEED Study computer services with the County of Sonoma, STUDY,COMPUTER and authorizing Mayor to sign, was approved by 5 SERVICES affirmative and 2 absentee votes.. RES 467172 NCS Agenda Item 46 14 Resolution 467173 N.C.S. initiating procedures to 1 DESIGNATE CARNEGIE FREE LIBRARY AS declare the Carnegie Free Library, located at the corner of Fourth and "B" Streets in the City of HISTORIC LANDMARK Petaluma, a historic landmark, was approved by 5 RES 467.173 NCS affirmative and 2 absentee votes. Agenda Item #15 Resolution 467174 N.C.S,.,setting.public hearing date CALL FOR PUBLIC for the purpose of considering an amendment to the HEARING, NOVEMBER General Plan and the Environmental Design Plan was t l� '17,._ 1915.- approved by 5 affirmative and 2 absentee votes. MODIFCAT�IONS TO GENERAL PLAN /EDP RES 467174 NCS Agenda Item. .- Resolution 467175 1 N.C.S. accepting completion of •ACCEPT'COMPLETION -- McNEAR TENNIS construction of McNear Park tennis court project was approved by 5.affirmative and 2 absentee votes. COURTS - Memorandum directed to the City Clerk from Jim RES 467175 NCS Raymond, Direcfor, of Recreation, recommending ac- ceptance and a memorandum to City Council from the - firm of Lie b•& Quaresma certifying completion are on file with the City Clerk. a Agenda Item 4617 AUTHORIZE CITY MANAGER, REPRESEN- TATIVE COMMUNITY ti DEVELOPMENT ACT OF 1974 RES 467176 NCS Agenda Item 4618 Resolution #7176 N.C.S. designating City Manager as authorized repres'ent'ative for purposes of Community Development Act.of 1974 was approved by 5 affirmative and 2 absentee votes. COMPLETION- - f6 FAIRGROUNDS WATER SYSTEM PROJECT 46WD 1 -73 -1 RES #7177 NCS Resolution 467177 N.C. -S. accepting comple ion of Water System Improvement Project, Sonoma - Marie County Fairgrounds -- Contract 45 -74, Proj, ;:ect WD 1 -73 -1 was approved by 5 affirmative and .2 absentee votes. The City Engineer's certification of completion.is on file with the City Clerk. 75 October 27, 1975 Agenda Item 419 AMEND. CONTRACT- - STATE OF CALIFORNIA FAIRGROUNDS WATER SYSTEM PROJECT WD 1 -73 -1 RES , #7178 NCS Resolution x{'7178 N.C.S. amending contract with the State of California regarding Fairgrounds Water System Improvement Project WD 1 -73 -1 was approved by 5 affirmative and 2 absentee votes. REST BENCHES A letter dated September 30,1975, addressed to the ON CITY PROPERTIES Mayor and City Council from Mrs. Hope Karp, Manager, Petaluma Villa Apartments, was read by the City .! Clerk and ordered filed. In addition to the letter, a petition containing 91 signatures was attached and is on file with the City Clerk. Community Development and Services Coordinator Frank Gray reported to the Council he had been in contact with Mrs. and offered.to extend whatever help he could in the selection of sites for the location of benches on City property. Mr. Gray stated it could become a very difficult matter if the benches were to be placed on private property. City Manager Robert Meyer suggested if the Council approved, the matter could be-coordinated with the Planning Department in order to determine the proper locations for the benches. Mrs. Hope Karp was present in the audience and spoke stating she had contacted various business owners on the project, including two lumber companies. She also suggested some firms would be willing to place adver- tising on the benches to help.defray the cost. She has contacted the various organizations, including FISH, and the Community Center, for volun- teer help. Vice -Mayor Mattei advised Mrs. Karp Mr. Gray would work with her on the project. - RECOMMENDATIONS FROM A letter had been received by the City Council AD HOC COMMITTEE 'RE October 6, 1975, and distributed to each member of BIKEWAYS' SYSTEM the Council and various Department heads within the City; the letter'is on file with the City Clerk. Seven signatures were contained at the conclusion of the letter; however, r. none of the authors were present to speak on the matter. It was a sug- gestion of Councilman Harberson that the matter be referred to the Rec- reation, Music and Parks Commission and then brought back to the City Council for consideration. Councilman'Brunner stated if the-plan suggested by the Committee included elimination of'parking, this matter would then need the consent of the City Council. The City Council took no'action on the letter and referred it to the Recreation, Music`and.Parks Commission. TRANSFER HOOD'S Letter submitted by Mr'. Pacheco dated October 17, ALLOTMENT UNITS TO 1975, requesting - transfer of Lyle Hood's eight unit s30 MANUAL PACHECO, on Grant Avenue was read by the City Clerk and S & M CONSTRUCTION ordered filed. In addition, a letter from Mr. and Mrs. Hood.advising that ownership of the subject 1 property was being transferred.to Manual and Sherri r Pacheco, S & M Construction Company, was read by the City-Clerk and ordered filed. Planning Director Dennis Boehlje advised the Council the eight units in question had been alloted to Mr. and Mr's. Hood for the 1973 -74 construction year. In his presentation, Mr. Boehlje by means of the viewfoil, described the PUD as had been planned by Mr. and Mrs. Hood which contained two tri- plexes and two single - family units. A private street had been included in the plans to serve the Planned Unit Development. By means of an overlay, Mr Boehlje reviewed the development proposed by Mr. Pacheco if the eight units were transferred to his ownership. This development would eliminate the need for private roads and would contain a public street with a cul -de- sac. Mr. Boehlje further explained to'the Council the matter before the Council was not to approve any proposed plan for development in the area, merely to 'determine whether or not the Council would approve the transfer of the eight allotment units to Mr. Pacheco. Councilman Brunner questioned the length of time between the allotment of the eight units and when the final building would take place. Mr. Boehlje advised the Council Mr. Pacheco has submitted a development plan and hopes to begin construction in the Spring of 1976. October 27, 1975 TRANSFER 1.D.. HOOD'S City Manager Robert Meyer also reminded the Council ALLOTMENT-UNITS TO Mr. Pacheco would need to submit a timetable-to the MANUAL PACHECO, Planning Director on the proposed development.- Mr. S & M CONSTRUCTION Pacheco was present in the audience and spoke brief - (Continued) ly on the proposed development, stating it would be essentially the same on his property',as had been proposed for Zyle Hood's property. Mr. Pacheco fur - ther.,stated..it would be more economically feasible to build one public street, instead of two private .r'oads to service the area. At the conclusion of the discussion, a motion was made by Councilman Harberson, seconded by Councilman Perrry, approving the transfer. of the eight units assigned to hyle.Hood for the Grant Avenue area to Manual Pacheco of S & M Construction Company. Motion approved by 5 affirmative and 2 absentee votes. BICENTENNIAL A letter addressed to the - Petaluma City Council \ COMMITTEE'S dated. October 17, 1975, from Kenneth Coi LASTING PROJECT man., Petaluma U. S. Bicentennial Committee., was RECOMMENDATION read to the City Council.and' ordered filed Attached'to the letter was a resolution - r- ecommen- ding the creation of, a small craft harbor Lasting•Project of the Bicentennial Committee, the resolution was signed by, Edward Fratini and Robert M.. McLaughlin, Co- Chairmen of the Sub - Committee to name a Lasting.' Project. Mr. Colin commented on 'a number of letters received by the Committee endorsing the, marina.proj'ect as the.lasting for the Petaluma U. S. Bicentennial Committee. Copies of the letter are on file with the City Clerk. He stated the Committee' has now gone as far as it can on the proj ect and needs a de7 cision from the City Council whether or not to proceed. Mr. Colin also stated he was aware the.proj,ect could not be completed in the Bicentennial year; however, the Committee was hopeful of having it reactivated. Mr. Colin ex- pressed some concern because.of the lack of the use of the river since com- mercial use has declined in recent years, and if not upgraded for- recreational purposes, including a marina; ,the City may not be able to have the river dredged by the 'Corps of Engineers. Councilman Brunner then asked what procedures would be necessary to reactivate the project -and Community Development and Services Coordinator Frank Gray indicated he felt the first step would be a committment from the.City apply for a Planning loan from the State Harbor Commission in the amount from $25,000 to $30,000 for Planning studies for the project. Such loans ar,e available at the present time, it is his understanding, and are repayable at the conclusion of a 5 -year period.. - The loan, however, must' be repaid whether or not the- marina were to be built. The interest. rate on the loan is 4 =1/2%. Both the principle and the interest are deferred until the.completion of the marina--if the project is built. City Manager Robert Meyer felt the studies made early in the 1960's may not apply to the project as proposed and it may be necessary for the. City to start from the beginning. Some discussion was then held on the amount of money formerly spent- on the small craft harbor project for planning.studies and plans and specifications drawn up by Morgan Noble. Vice -Mayor Mattei then asked staff if they could assemble - figures .for Council's consideration so they would be better informed as to the:inmediate cost for planning studies and what the long -range cost would be. Councilman Cavanagh advised the members of the City Council if the City decides to r:eac project, there could be a budgetary problem as far as the .State is concerned. It would be for the City to file a resolution of intent with the State by the first part of December in order to receive consideration. A discussion was then held on whether the funds would be made.available through revenue sharing or general city funds for the feasibility study. At the conclusion of the discussion, it`was the consensus of the City Council to have the staff contact the proper agencies. to determine whether or not such project go forward, and to determine what the cost of the study would be. City Attorney Matthew Hudson was asked to have resolutions.- prepared for the November 17th meeting for the Council's consideration. M October 27, 1975 BICENTENNIAL .. During the course of the discussion, Councilman Brunner COMMITTEE'S questioned Mr. Colin whether or not the Bicentennial LASTING PROJECT = Committee had discarded the idea of converting the RECOMMENDATION Carnegie Free. Library into. a museum as their lasting (Continued) project:, Mr. Colin indicated the Committee would like to pursue both of the projects and referred to the resolution passed;by the City Council on the Consent Calendar requesting - designation of Petaluma's Carnegie Free Library as a historical landmark. Mr. Colin indicated the Committee felt their next step now in regard to the museum was.to contact Frank Gray, the City's Community Development and Services Coord- inator, to determine what would need to be done to the in.order for it to serve this purpose. Mr. Gray indicated some,exclusions could be made to the Building Code, as long as they would not pose a problem to the health, safety, and welfare of citizens entering the premises. LETTER-- WESTGATE Because of the of the letter and the distribu- REALTY RE BUILDING tion to members of the City Council and members of the PERMIT VIOLATIONS staff, the letter was not read at the Council meeting by the City Clerk, but ordered filed. Mr. Martin Gavriloff, the author of the letter, was present in the audience to speak to the City Council. Mr. Gavriloff cited an incident where his realty firm had listed .a house which had extensive remodeling done without having been issued building permits, Mr. Gavriloff also stated the additions and remodeling to the home had been inspected by the - building inspectors and they felt they were done in a professional manner; however, they did violate the Building Code because provision was not made for covered parking space. Planning Director Dennis Boehlje advised,the Council there are probably several.hundred garages in the City that have been converted to.living facil- ities without the.benefit,of building permits, and many of .them are very hard to detect because the, garage doors remain in place. The Planning Commission rebiewed the problem at their last meeting and came to an agreement.they did not'feel these conversions should,be abated. Mr. Boehlje further stated the Commission feels the ordinance which requires covered parking spaces has merit, but their recommendation is not to proceed with any abatement pro- cedures: The Commission further reached a decision.to review the Zoning Ordinance the regular time in February and - possibly allow conversions of garages after the construction of a new home, but still require a covered parking space and the issuance of building permits. Councilman. Brunner then questioned what is the immediate problem, and Mr. Gavriloff replied the present owner of the home is a widow.-who is unable to retain the home,-the taxes have more than doubled.this.year over last year, and she is unable.to afford to retain the residence. Mr..Gavriloff also reported they have a potential buyer for the home and the problem is not really with the conversion because it presumably passes the Building Code. The problem lies with the-ordinance itself. The realty company feels they_ should be. n.a position to.,protect the potential buyer of the residence from having to abate the conversion to the home. Planning Director Dennis Boehlje advised the Council the problem still exists because the home does not comply with the Zoning Ordinance and it is necessary to come_ to some sort of agree- ment on the residence. At the conclusion of the discussion,, Attorney Matthew Hudson advised the Council not to make a statement of intent at this meeting, but to follow the recommendations of the Planning Commission after their meeting of November 4th,; then an ordinance can be brought back to the City Council November 17th. The Council concurred with Mr..Hudson's recommendation. LETTER & PETITION The letter dated October,.14, 1975, from Mr. Keith A. RE PSYCHIATRIC Hayenga and a petition containing 251 signatures �3 CONVALESCENT HOSPITAL requesting that an amendment to the Zoning Ordinance 330 DRIVE be inacted to eliminate the institutional use of land for purposes.of psychiatric convalescence around or near elementary,school or kindergarden was ordered filed by 'the City Clerk. 7 8 October 27, 1975 LETTER & PETITION RE PSYCHIATRIC CONVALESCENT. HOSPITAL 330 MARIA DRIVE All members of the City Council had previously re- ceived copies:of the letter and the letter was not read -at the Council meeting. (Continued) City Manager Robert Meyer advised the Council this matter has been scheduled a public hearing.at the Planning Commission meeting of November 4, 1975. Mr. Keith Hayenga was in the audience and introduced Mrs. Jean Burnett who cir- culated the petition. Mr. Hayenga explained two petitions had been circu- lated; one for an 'amendment to the 'Zoning Ordinance; and, the other for revoca- tion of the Use Permit for the psychiat -ric convalescent hospital-: The second petition was directed to the Planning- Department. Mr. Hayenga also, commended the City officials for the . profes 'signal manner in handling what- 'they consi- dered a very serious matter. The Council took no action on the matter as it would.be -Beard at the public hearing of the-Planning Commission meeting of November 4, 1975. CLAIMS•AND.BILLS Resolution #7179 N.C.S. approving claims and bills RES #1179 NCS approved for payment by the City Manager, was in- troduced by Councilman Cavanagh, seconded by-Counc man Perry, and approved by 5 affirmative and 2 absen- tee votes. VOLUNTARY WATER Mr. Rod•Sonne,, Assistant Director of Water Utility RATIONING PLAN -- Operations,. reported to the Council the Summer Water SUMMER 1975 Rationing Program - proved again to be-:successful and wanted to. commend the public for their cooperation during the summer months. Mr. Sonne advised the , Council the,;,Water Division called on Mr. Kelly and his Street crew to assist in citizens to comply with the voluntary rationing program during critic.:._ cal periods :in .th:e summer, and he also wished to thank the Assistant City Manager David Breninger, for keeping -the news media advised of need for conservation of water. He further stated the program•curtailed' approXimately 1/3 of the daily useage of water. (� SET APPEALS DATE -- City Manager Robert Meyer suggested to the ;City t � RESIDENTIAL Council.the appeals by developers to the allotments ALLOTMENTS awarded by-the Residential Development Allotment Board be heard during an afternoon session, possibly at 3: p.m. or-.4:00 p.m,, and suggested November 17th as the date for the appeals hearing. Vice =Mayor Matte;i, a member of the Residential Development Evaluation Board., felt there would not be too many appeals to be heard at the Council level and suggested a-.4.:00 ,p'. -m-. time.. City Manager Robert Meyer also.suggested if developers plan to appeal they should so advise the Council in.writing. MODIFICATIONS_ TO City Manager. Robert Meyer suggested to the City - GENERAL PLAN & Council that they.review the modifications' to the EDP General Plan and the Environmental Design .Plan as sent to them by the Planning Commission. The hearing on the modif= ications is scheduled- for November' 17 , 1975. He further asked the Council if they had questions on the.prop'osed.modifications, they should check with Planning Director .Dennis Boehle prior to the hearing date- 1975-76 FINAL, City Manager Robert Meyer advised the'.Council'MT. 1� BUDGET & PROGRAM Scharer had suggested combining -these two documents 1� OF SERVICE for presentation to the City Council. Copies.of 'the document were presented to the VOTING DELEGATES -- Resolution. #7180 N.G.S. appointing Mayor Helen Putnam 51st ANNUAL as voting representative of the City Council of the CONGRESS OF-CITIES City o Petaluma and�'appointing Councilman Jack W. RES #7180._NCS Cavanagh, Jr. as voting representative in the absence of Mayor Putnam at the 51st Annual Congress of Cities. was approved by rmative and 2 absentee votes.: + Mr. Meyer suggested should Mr. Cavanagh not be able to attend th'e conference, Mr. Brunner be named the second alternate voting member. October 27, 1975 PROPOSED INCREASE IN Vice -Mayor Mattei advised the.Council he had attended COUNTY DISPOSAL the.Mayor's Agenda.mdeting and one of the matters SITE RATES discussed was the public hearing to be held November 3, 1975, in"the Sonoma County Board of Supervisor's Room. Mr..Mattei felt the City should have represen- tation at.the meeting; however, the meeting is indirect conflict with the regularly scheduled Council meeting. The City Clerk was directed to write a letter to the Board of Supervisors advising them of the conflicting dates, and further requesting that tentative incr-eas'es be forwarded to the City Council in order for the Council to have some input before final adoption of increased rates. 61 PROPOSED AGREEMENT-- City Engineer David Young reported to the City TRANSIT BENEFITS - Council a letter dated October 22, 1975, had been COUNTY OF SONOMA received in his Department, and directed to all cities in Sonoma County. He explained the proposed a J draft agreement would be between.the County of Sonoma J and the Golden Gate Bridge District, and would compensate the Bridge District for local service. He further explained the Golden Gate Bridge District's maintenance and operating expenses are rising sharply and the implication in the letter is that the District would only have sufficient funds to operate through fiscal year 1975 -76. After that period of time, it appears the only other areas for them to obtain funds from would be the various local agencies. The agreement is.to -be renewed annually and-Mr. Young feels it would be impossible for the City of Petaluma to project what transportation fund's would be available to.the City for ensuing years: He felt unless the City could enter into a 3- or.5 -year agreement, it would be virtually impossible for the City to set up a local bus system without knowing what the income level of funds from Transportation Development Act monies .would be available. The letter asks the cities to attend a meeting with the Board of Supervisors either on a Monday or 1uesday and the staff was to contact the Board and endeavor to set -up a meeting for a Tuesday. Vice-Mayor Mattei suggested the City.should. have good representation from the'City's staff, as well as at least two members of the Council attend the meeting.. REPORT- -WATER City Engineer David Young advised the Council the CONTRACTOR'S ADVISORY Committee met October 21, 1975. Mr. Young reported r MEETING. the Sonoma County Water Agency reported on the status of the aqueduct project and.gave the following time- table: October 16th the bond brochure was November 4th the bond.bds' will be opened and the awards made to the low bidder.; November.13th the Agency should receive.the proceeds of the bond sales; and, November 17th receive North Marin Water District's final advance and then also award the.,remaining construction-contract. Mr. Young._stated he had been given a copy of the bond brochure which he and Mr. Scharer had analyzed. The water rates projected in the brochure could be higher for Petaluma,-depending upon the City' rate of growth and consumptiori'of water versus the.rate used for the purposes of the water contract. If the growth rate is less, however, the cost per-acre foot could be more. The Committee showed some concern over the Water Agency's proposal to install a temporary water operations center at Wohler to be contained in three por- table trailers. Mr. Young stated the Agency has been unable to solve their problems for expansion in the County center and the Committee's concern was the cost.factor in having to move the Agency's operations center more than one time. Mr. Young further stated it is probable an amendment will be needed to the Water - Contractor's Agreement because of favorable reduced construction costs in the :North Marin Water District. The North Marin Water District will ask for.a,reduction in their payment which would require amending the agreement. n answer.to Vice -Mayor Mattei's question whether or not the City would be Uea T: d with water rationing next summer, Mr. Young replied there would be a voluntary, water rationing program in the Summer of 1976; however, it appears the construction on the aqueduct is on schedule and.the line should be in by 1977. Upon conclusion of.the discussion, the above resolution was adopted. AMEND CODE RE Ordinance #1194 N.C.S._to add Chapter 8;.20 to•T tle 8 SMOKING IN PUBLIC of the Petaluma Municipal Code regulating smoking in PLACES certain places was adopted by 3 affirmative:,.2 negative ORD #11.94 NCS and 2 absentee votes. Councilmen Brunner and Cavanagh (SECOND READING) voted "no ". Prior to the adoption of the ordinance, Councilman Cavanagh asked whether or not' signs would be posted in the various rooms in the City Hall, to which the'City Attorney replied. in the affirmative. Councilman• Brunner then asked to have the following ,comments made a matter of.record -in the minutes. (1) . "This is a 'pr.ime. example of . a piece of 'legislation which, attempts to protect people from themselves. It is a confiscation .of individual liberties being perpetuated by self- appointed "do- gooders ". In my opinion there is to much of this in government today. (2 Basically, it -is not enforceable and you are not going to put a police officer_ in every public meeting.. (3) It will raise procedural questions and will lead to disruption of meetings and will result in longer meetings; and (4) It is very possible it will lower the already low attendance at meetings and discourage the smoker from seeking public office. PETITION FOR_ TRAFFIC The City Clerk was presented a petition containing 59 SIGNAL-- P.ETALUMA BLVD signatures presented to the. City Council requesting.a NORTH AT -LAKEVILLE ST ,.. traffic signal at the intersection of Petaluma Boule vard North at Lakeville' Street. The p etitioner is ;;. Carol_ J. DeLosada from the Plant Warehouse, Petaluma Boulevard North. Councilman Perry, as,the Council's representative on the.Traffic Committee, reported the matter had been reviewed by the Traffic Committee and the matter was scheduled for the November 3, 1975, meeting. ADJOURNMENT There be =ing no further business to come before the City Council, the meeting was adjourned at 9:3_'5 p.m. to an Executive Session. 1 October 27, 1975 AGREEMENT FOR TITLE Resolution #7180 N.C.S. approving agreement for title SERVICES- -EAST services with.Sonoma Title.Guaranty Company regarding WASHINGTON STREET East Washington Street. Widening•Project was intro - \� WIDENING .PROJECT duced „by Councilman Perry, seconded by'Councilman / RES #1180 NCS Harberson, and approved by 5 affirmative and 2 absentee votes. City Attorney Matthew Hudson explained the City had previously : entered.into an agreement with the State of California for right -of -way services concerning the widening,of East Washington Street. The State has now advised the City they cannot provide the escrow and title insurance services at special State rates, and the State has chosen Sonoma Title Guaranty Company to perform the services. All fees will he paid by the'Sta'te through the terms of the prior agreement. Councilman Cavanagh asked if other firms had been contacted by the State'to perform.service's to which the City Attorney replied they had not be The City was more or less required to accept the selection made by the State of California. Upon conclusion of.the discussion, the above resolution was adopted. AMEND CODE RE Ordinance #1194 N.C.S._to add Chapter 8;.20 to•T tle 8 SMOKING IN PUBLIC of the Petaluma Municipal Code regulating smoking in PLACES certain places was adopted by 3 affirmative:,.2 negative ORD #11.94 NCS and 2 absentee votes. Councilmen Brunner and Cavanagh (SECOND READING) voted "no ". Prior to the adoption of the ordinance, Councilman Cavanagh asked whether or not' signs would be posted in the various rooms in the City Hall, to which the'City Attorney replied. in the affirmative. Councilman• Brunner then asked to have the following ,comments made a matter of.record -in the minutes. (1) . "This is a 'pr.ime. example of . a piece of 'legislation which, attempts to protect people from themselves. It is a confiscation .of individual liberties being perpetuated by self- appointed "do- gooders ". In my opinion there is to much of this in government today. (2 Basically, it -is not enforceable and you are not going to put a police officer_ in every public meeting.. (3) It will raise procedural questions and will lead to disruption of meetings and will result in longer meetings; and (4) It is very possible it will lower the already low attendance at meetings and discourage the smoker from seeking public office. PETITION FOR_ TRAFFIC The City Clerk was presented a petition containing 59 SIGNAL-- P.ETALUMA BLVD signatures presented to the. City Council requesting.a NORTH AT -LAKEVILLE ST ,.. traffic signal at the intersection of Petaluma Boule vard North at Lakeville' Street. The p etitioner is ;;. Carol_ J. DeLosada from the Plant Warehouse, Petaluma Boulevard North. Councilman Perry, as,the Council's representative on the.Traffic Committee, reported the matter had been reviewed by the Traffic Committee and the matter was scheduled for the November 3, 1975, meeting. ADJOURNMENT There be =ing no further business to come before the City Council, the meeting was adjourned at 9:3_'5 p.m. to an Executive Session. 1