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HomeMy WebLinkAboutCity Council Minutes 06/07/19762�3 MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA JUNE 7, 1976 REGULAR MEETING The regular meeting of the Petaluma City Council was called to-order at the hour of 7:35 p.m., by Mayor Helen Putnam. ROLL CALL Present: Councilmen Brunner, Cavanagh, Harberson, Hilligoss, Mattei, Perry, and Mayor Putnam. Absent: None. INVOCATION The Reverend Ray Vinson of the First Church of God gave the invocation. PLEDGE OF ALLEGIANCE Mayor Helen Putnam led the assemblege in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of May 17, 1976, and May 24, 1976, were approved as mailed. CONSENT CALENDAR A motion was. made by Councilman Perry, seconded by Councilman Harberson, to adopt the resolutions on the Consent Calendar and file the letter. Motion carried unanimously. Agenda Item #1 Resolution #7399 N.C.S. authorizing the purchase of CALL FOR BIDS -- one 1976 1/2 -ton pick -up truck, and calling for bids 6,9_ 1/2 -TON PICK -UP June 16, 1976, was adopted. TRUCK RES #7399 NCS Agenda Item #2 Resolution #7400 N.C.S. authorizing the purchase of CALL FOR BIDS -- one street striping machine, 'and calling for bids June (�7 STREET STRIPING 17, 1976, was adopted. MACHINE RES X67400 NCS Agenda Item X63 A letter dated May 12, 1976, addressed to the Mayor RESIGNATION-- and City Council, from Anne Zala submitting her resig- F ANNE ZALA, nation as a member of the Downtown Development Com- AB 103 COMMITTEE mittee AB 103, was ordered filed. Agenda Item X64 Resolution #7401 N.C.S. accepting completion of work ��� ACCEPT COMPLETION-- required in Greenbriar Square Unit X64 (Medical Complex) PUBLIC IMPROVEMENTS was adopted. GREENBRIAR SQUARE UNIT 664 RES 667401 NCS Agenda Item X65 Resolution X67402 N.C.S. finding personal property DECLARE 1961 FORD herein.named (one 1961 Ford 4 -door Sedan) is surplus, F L� T 7 y SEDAN SURPLUS no longer required, and directing the City Manager to RES X67402 NCS dispose of and sell the same, was adopted. Agenda Item #6 Resolution X67403 N.C.S. consenting to and calling a CALL PUBLIC joint public hearing on the Redevelopment Plan for the F` 6 HEARING-- Petaluma Central Business District Redevelopment ltJ r�? REDEVELOPMENT PLAN Project and the Final Environmental Impact Report AND E.I.R. relating thereto, and setting said public hearing July CBD REDEVELOPMENT 12, 1976, at 7:30 p.m., was adopted. PROJECT RES X67403 NCS _ Agenda_ Item #7 - _ f Reso'lut .on X67404 N.. C.S. authorizing transfer of certain �j J AUTHO RIZE GRANT f real property to the McNear Company (Erwin and Jefferson `� __ DEED- McNEA Streets) was adopted. COMPANY . RES X67404 NCS 284 June 7, 1976 \ Agenda Item #8 Resolution X67405 N.C.S. expressing intent of the City 0-)APPROVE STAFF of Petaluma to participate in study of 'intergovern- -" SERVICES TO PREPARE mental approaches to growth management with the County HUD 701 STUDY of Sonoma was adopted. \ RES #7405 NCS AMEND ZONING ORDINANCE NO. / 1072 NCS TO RECLASSIFY 205 KELLER STREET FROM R -M -G TO C -O DISTRICT ORD X61215 N.CS (SECOND READING) Community Development and Services Coordinator Frank Gray outlined the area by means of the viewfoil. Planning Commission Resolution No. Z3 -76, adopted May 4, 1976, submitted and filed; excerpts of the City Planning Commission Minutes of May 4, 1976, submitted and filed; staff report dated April 28, 1976, from the Planning Department to the Planning Commission, submitted and filed. Mr. Gray explained the proposed building is directly behind the new Sierra Bank, and is to be one- story, split -level office build- ing. Planning Commission hearings have been field on the matter. The neighbors in the area have.expressed their concurrence with the application, and Envi- ronmental Impact Review had been accomplished by the Planning Commission. Mayor Putnam then opened the public hearing.. Mr. Richard Lieb, Architect, advised the Mayor the principals, Mr. William Bettinelli, Mr. Arthur Lafranchi, and Mr. Max Mickelsen, were present if there were any questions to be answered. No comments were received from the audience, none had been received by the City Clerk, the City Clerk advised the Mayor the prop,er notices had been sent to residents in the area, and the public hearing had been duly advertised. The public hearing was then closed. Ordinance X61215 N.C.S. amending Zoning Ordinance No. 1072 N.C.S. by reclas- sifying a portion of A.P. X66- 474-23., consisting of approximately 14,168 sq. ft., from an R -M -G (Garden Apartment Residence) District, to a C -0 (Adminis- trative and Professional Office) District, located at 205 Keller Street -- Lafranchi Bettinelli, and Mickelsen) was adopted by 7 affirmative votes. AMEND.ZONING ORD. Community Development and Services Coordinator Frank NO. 1072 NCS TO Gray explained to the Council the matter of the r \ RECLASSIFY 303 rezoning for the subdivision encompasses part of the GRANT AVENUE & land formerly known as the "Lyle Hood PUD". One -half VICINITY FROM of the property had formerly belonged to Mr. Hood and PUD & R- 1- 6,.500 the other half will bring the area into a complete and TO PUD an overall development for the property. The,Planning ORD #1216 NCS Commission had reviewed the matter and determined it (SECOND READING) was a better development for the two lots. There are three existing houses on the proposed subdivision. Mr. Gray explained the original plan contained two triplexes which had been a matter of some concern to the Planning Commission. However, these have now been changed to single- family residences.. The road to serve the subdivision will be a public street ending in a cul -de -sac. At the end of the cul -de -sac would be private driveways of 20 -foot widths to serve Lots 4 and 5. The proposed public street is 44 feet wide to be constructed according to. City standards and the two 20 -foot private driveways would be asphalt. Some questions were raised by the Council regarding the road. Councilman Cavanagh asked the length of the private driveway, and Mr. Gray responded by stating they would be between 75 and 100 feet. Vice -Mayor Mattei then ques- tioned why the public street was not extended the full length of the.sub- division, and Mr. Gray advised private driveways were considered to be more. adaptable to the terrain because the steepness and slope would require deep cuts to install a public street. It was felt the private driveways would adequately serve the properties. Mr. Gray also advised a fire hydrant would be placed at the end of the cul -de -sac which meets with the approval of the Fire Chief. The diameter of the proposed cul -de-,sac is 100 feet and would provide ample room for public safety equipment to turn around. 1 June 7, 1976 AMEND ZONING ORD. Mayor Putnam then opened the public hearing. The City NO. 1012 NCS. TO Clerk advised"th'e hearing had been duly published in RECLASSIFY 303 the newspaper notices had been sent to residences GRANT AVENUE & within a'300 =.foot radius of the proposed subdivision, VICINITY FROM and no comments had, `been received by the City Clerk. PUD & R -1 -6,500 There were no comments from the audience, and Mayor TO PUD Putnam closed the public hearing. ORD 41216 NCS (SECOND READING) Planning Commission Resolution No. Z4 -76 recommending (Continued) the reclassification of the property and adopted by the Planning Commission May 4, 1976, submitted and filed; findings of the Planning Commission relative to the rezoning, submitted and filed; excerpts from the Planning Commission Minutes dated May 4, 1976, submitted and filed'; staff report from the Planning Department to the Planning Commission dated April 28, 1976, submitted and filed. Ordinance 41216 N.C.S.'amending Zoning Ordinance No. 1072 N.C.S. by reclassi- fying A.P. #8- 510 -30, #8- 510 -31, #8- 510 -45, and #8- 510 -19, from an R-1-6,500 (Single - family residential, 6,500 sq. ft. minimum lot size) District, and A.P. #8- 510 -47 from a Planned Unit District, to a Planned Unit District for pro- perty located at 303 Grant Avenue and immediate area, consisting of approxi- mately 4.4 acres (Pacheco) was adopted by'7 affirmative votes. 285 SIGN ORDINANCE A letter dated May 18, 1976, addressed to City Manager ENFORCEMENT MORATORIUM Robert Meyer from Mr. F. K. Schram, General Manager, R/574 REQUEST -- CHAMBER OF Petaluma Area Chamber. of Commerce, had been distri- // COMMERCE buted,to members of the City Council was not read by the City Clerk, but is on file. The letter requested consideration be ,given to granting a one -year moratorium prior to. enforcing the Sign Ordinance. City Manager Robert Meyer advised the Council he had asked the.staff to.work with the Chamber of Commerce and come forward with some recommendation to the City Council. Community Development and Services Coordinator Frank Gray advised.the Council the.-Chamber has raised some very valid points in their letter in that there are some ordinances in conflict with the provisions of the Zoning Ordinance relating to signs. There is some conflict between the two ordinances as to the administration of the Sign Ordinance. The other matter Mr. Gray felt the Council should consider was the notices of specific violations were,not sent out until about three months ago. Some of the:people notified expressed disappointment that they had not been made aware of the fact three years ago, at the beginning of the amortization.period,.in order for them to conform. Mr. Gray stated he felt the request from the Chamber of Commerce was a fair one, and the moratorium period would allow the City.enough time to correct the discrepancies between the two Codes. City Manager Robert Meyer suggested if the Council determined to extend the enforcement period for a year, the matter be sent to.the Planning Commission for their comments. Vice -Mayor Mattei also asked if the Council would have an opportunity to review the matter with the Planning.Commission. Mr. Gray stated a study session could be scheduled with the property owners, the Planning Commission and the City Council. Some discussion was then held on the status of the notices already sent out where property owners and businesses had a 90 -day period within which to conform. City Manager Robert Meyer,suggested the matter be referred to the Planning Commission to be taken under advisement as far as extending the enforcement period. The Commission would'meet.on June 15, and the matter could be brought back to the City Council June 21. The final determination of the extension would lie with the City Council. Mr. Meyer further suggested the City Attorney might review both the Zoning Ordinance and the Sign Ordinance in order to make a determination of where the conflicts lie, and endeavor to bring the two documents into conformity. Councilman Brunner why the notices were not sent out three years ago when the ordinance was adopted. Community Development and Services Coordinator Frank Gray explained a program had not been worked out at that time. The inventory of the signs had been a very time- consuming process. Mr. Gray indicated he started the program about 1 -1/2 years ago and a CETA employee has been working on the process for about a one -man year and all of the signs have been photographed and catalogued. This was necessary before any enforcement procedures could be taken. June 7, 1976 n LETTER -- FAMILY INFORMATION CENTER REQUEST FOR FUNDS and was not read by the Clerk's office. A letter dated May 12, 1976, received by the City Clerk May 24, 1976, addressed to the City Council, attention Mayor Helen Putnam, from the Family Infor- mation Center,_8236 Old Redwood Highway, California, had been distributed to members of the City Council Clerk. The letter and attachments are on file in the City Manager Robert Meyer indicated he felt the request had been intended to be included in the revenue sharing program, however, it had not been received until May 24th, and after the Council had considered outside requests for revenue sharing funds. A representative from the Family Information Center was not present to explain the request,. Councilman Harberson stated the Family Information Center well be serving people from the Petaluma area; however, it is not the' policy of the Petaluma City Council to provide funds for organizations outside the City Limits. .Councilman Harberson also stated he felt there could be a possibility the Petaluma People Services Center is providing a similar ser- vice. Mayor Putnam asked the City Clerk to prepare a response to the letter, first giving the Council an opportunity to review the draft. LETTER -- PETALUMA A letter dated June 1, 1976, addressed to the City \ MAS -ONIC HALL Manager from the Petaluma Masonic Hall Association, / TOWN CLOCK TOWER and signed by Ellsworth W. Bean., secretary, was read (� by the City Clerk and ordered filed. Some discussion was held on the intent of the letter, whether the project of polishing the town clock could be,accomplished, if permission was not !granted by the Association. However, Councilman Perry stated, in a discussion with Mr. Bean, he made it very clear that they did not want anyone on the roof. Their main concern was damage to the roof if the project was to proceed. City Manager Robert Meyer also stated:the Masonic Hall Association has given the City permission to go up into the clock tower for the purpose -of repairing the clock when it is necessary, however, they have made it clear the bu- ilding, the tower, and access to the tower belongs to the Association and any project which would take place they would want to be advised and involved. Councilman Brunner stated there were citizens interested.in -the Bicentennial project of polishing the tower and wondered if there was a possibility that the Masonic Hall Association would grant permission. At the conclusion of the discussion, Mayor Putnam asked the City Clerk to direct a letter to Mr. Bean in ..order to.clarify the position and to determine whether or not if the group interested in.polishing the clock would contact the Masonic Hall Association perhaps the matter could be resolved. CLAIMS -AND BILLS Resolution No. 7406 N.C.S., approving claims and RES #7406 NCS bills, numbers 8202 -8480 inclusive, General City., and numbers 604 -649 inclusive, Water, approved for payment by the -City Manager was introduced by.Councilman Harberson, seconded by Councilman Cavanagh and adopted by 7 affirmative votes_ CITY MANAGER'S REPORTS PRESENTATION OF City Manager Robert Meyer advised the Council three DIPLOMAS TO : employees-of the City, Shirley Dobe,_William Liebel ` SHIRLEY DOBE and Roy Smith had successfully completed a very WILLIAM LIEBEL difficult course of study and Mr. Meyer asked. Frank ROY SMITH Gray, Community Development and Services Coordinator to make the presentation of the diplomas. Mr:. Gray prefaced the presentation by explaining the students . had spent.a considerable amount _of time over the past six months during their noon hour to pursue the course of study offered by the International City Managers Association using ICMA technical publications. The instructor for the course was a person in.Washington D. C., by the name of Mr..Hendrickson and Gray stated he acted as the local proctor to administer the sessions. Mr. Gray also stated the final examination for the course entitled "Principles and Practices in Urban Planning" was a very difficult one and he was extremely pleased to have three people graduate. He then presented the diplomas to the three. recipients. Mayor Putnam and the City Manager congratulated the employees on their graduation and completion of the course. June 7, 1976 PROGRESS REPORT City Manager Robert Meyer reported that during the BUS OPERATION first, month of operation 13,611 people patronized the new.bus service. The average miles per gallon real -. ized.during the first.mont'h.of operation was between 10 and 11 which had been anticipated when the system was inaugurated. Mr. Meyer also reported that 2,268 senior citizens rode the bus during the first month of operation. LEGISLATION AFFECTING CITIES Councilman.Cavanagh reported responses.had been received from various legis- lators.including Senator Behr, regarding the Council's stand on Senate Bill 839 and from Assemblyman Wornum on the Council's position taken on Assembly Bill 3259. Councilman Cavanagh stated he and the City Attorney had reviewed the legislative bulletins received from the League of California Cities and asked Mr. Hudson to comment. AB 3000 PEACE OFFICERS LIFETIME TENURE ACT City Attorney. Matt Hudson advised the Council had already taken a stand on this bill, however, it has now been amended to apply to every city that does not have a Civil Service Board. The City of Petaluma does not have a Civil Service Board or Commission and would automatically be affected by the bill. Mr. Hudson urged the Council to make personal contact with the legislators.regarding the bill. AB 3331 Mr. Hudson advised the League was urging opposition to STATE MANDATED this bill which would mandate local detention facili- AMENITIES- -JAIL ties to provide certain amenities such as recreation, FACILITIES access to a Law.Library, telephone calls, educational and - vocational courses, etc. The.bill disclaims any reimbursement to local agencies for providing these 'services. Mr. Hudson indicated if the Council con- curred he would forward a letter of opposition. AB 4474 Mr. Hudson briefly reviewed-.the provisions of the bill UNION MEMBERSHIP-- which would delete the present authority of cities and POLICE EMPLOYEES. counties to restrict the membership of peace officers to organizations composed solely of peace officers. Under the.provisions of the bill, police employees could be members of traditional unions,. The.League of California Cities urges opposition.to the bill and Mr. Hudson stated, with the Council's concurrence, he would forward letters to the Committee. AB 3461 Vice -Mayor Mattei stated he had •reviewed the League's BUSINESS INVENTORY summation of this bill .which would provide a business RELIEF inventory.tax relief - financed by reduced property tax revenue. Mr. Mattei stated he realizes the League opposes the bill, however, they do mention in the bulletin if the bill was amended so as not to .penalize local agencies, perhaps the matter should be pursued further. Mr. Mattei stated he is aware of many wholesale businesses which have relocated to neighboring states in order to avoid the business inventory tax. He feels the state and local agencies are losing revenues and some effort should be .made to -have these businesses relocate in California. The City Attorney advised the Council.he would compose a letter to the League and to Senator Behr and Assemblyman Wornum and have Vice -Mayor Mattei review the letter before it was mailed. COUNCIL REPORTS: LIBRARY EQUIPMENT Councilman Brunner questioned whether or not it would AND FURNISHINGS be necessary for the Council to review every item which still remains to be purchased -for the completion of the new library. He specifically referred to items 5 through 9 on the list sent -to Finance Director John Scharer May 24, 1976, from George Tauzer of the Sonoma County Library System. It was the consensus of the Council the items needed for the library should be purchased and the amounts are within the estimated budget for -the furnishings. 287 x/66 4 G R 8 June 7, 1976 LIBRARY EQUIPMENT Councilman Brunner also advised the Council a tour of AND FURNISHINGS the library has been arranged by Mrs. Bertucci for (Continued) Thursday, June 10,. 1976, at 4:30 p.m., and members of the..Council were invited to inspect the library. City Manager Robert Meyer stated the acceptance of the completion of the library would be an item scheduled for -the June -14th agenda. ' `\ CITY S OFFICIAL Vice -Mayor Mattei r eported the plans are well under �\ BICENTENNIAL way for the City's Official Bicentennial Celebration. CELEBRATION The dinner- dance and program will be held Saturday, July 3, 1976, at the Veteran's Memorial Building. He commented the committee has been working very dili- gently on.the program and it appears to be one of the outstanding events' of the year. Mr. Mattei.asked the Council members to reserve the evening of July 3rd and to attend the program.the following day, July 4th. Mayor Putnam also commented on the Bicentennial Celebration and particularly mentioned the parade on July 4th, and.the fact that the time capsule was being prepared. Every organization is being asked to submit significant - items to be included -in the time capsule. Items for the time capsule will be presented at the ball on July 3rd, and at a later date will be placed in a suitable spot in the.library. As much of the history of Petaluma as can be gathered will be contained in the time capsule including a.list of..mayors who have served the City throughout the years. City Manager Robert Meyer stated momentos of the Bicentennial year would continue to be placed.in the time capsule through December and he felt certain the new library would still be standing 100 years from now when the time capsule .is to be opened. Mayor Putnam also commented on the parade to be held July 4th, stating it, would be strictly a local old- fashioned Fourth of July parade and suggested that perhaps the Council might want to walk in the parade. QUITCLAIM, DEED. �Q JOHN S. & VIRGINIA D. JEFFERS "I" & OLIVE STREET REALIGNMENT RES #7407 NCS alignment project. Mr. exchange of land and has needed for the project. City Attorney Matthew Hudson explained the resolution before the Council was to acquire the necessary rights=of' -way for the realignment of "I" and Olive Street. The property in question has a very small portion which encroaches on the City's right -of -way. In order' to clear up this encroachment the City would quitclaim that portion.of the property and purchase the required right -of- way.from the Jeffers for the Hudson stated the City Engineer has reviewed the indicated the property to be quitclaimed would not be Resolution No. 7407 N.C.S., authorizing the.Mayor.to execute a Quitclaim Deed for "I" Street and Olive Street Realignment (Jeffers) was introduced by Councilman Perry, seconded by Councilman Mattei and adopted by 7 affirmative votes. AUTHORIZE City Attorney Matthew Hudson advised the Council EMINENT DOMAIN although there are three property owners listed on the & IMMEDIATE agenda for which he.had requested authorization to POSSESSION proceed with.Eminent Domain, it appears a resolution » fix PROCEEDINGS to condemn the Lake property is not necessary;at this OLSEN PROPERTY time and a tentative agreement has been reached with SUNNYSLOPE ROAD the Tennyson's for their property. However, Mr. Olsen RES #7408.NCS has indicated he would not give the City permission to go onto the property while the.matter of acquisition is still being discussed. After review of the.posi- tion taken by Mr. Olsen, Mr.. Hudson indicated he had no alternative but to ask the Council to authorize him to,proceed with Eminent Domain and also 'an order of immediate possession so the work can proceed. Vice -Mayor Mattei asked if it would not be possible to clear the matter up before it is necessary to proceed with the work and would it be possible to delay the actions. City Attorney Matthew Hudson stated he was hopeful by the time he would be able to get an order through the.courts, an agreement will have been reached with Mr. Olsen. He is not sure, however, this would .actually happen in order for the work to go ahead as the crews are now on the opposite side of the street and he wanted to allow sufficient lead time to do the legal paper work. 1 J 1 June 7, 1976 AUTHORIZE Upon conclusion of-the discussion, Resolution No. 7408 EMINENT DOMAIN N.C.S:, declaring public necessity, directing the & IMMEDIATE acquiring-, of fee title iii real property for street POSSESSION widening purposes, and directing the City Attorney to PROCEEDINGS take such proceedings as are necessary to acquire the OLSEN PROPERTY real property (Olsen) was introduced by Councilman SUNNY:SLOPE ROAD Harberson, seconded by Councilman Perry and adopted by RES #7408 NCS 6 affirmative and 1 negative vote. Councilman Cavanagh (Continued) voted no. AUTHORIZE PURCHASE City Attorney Matthew Hudson advised the Council OF REAL PROPERTY purchase of-this property is also necessary for the F6q "I" &OLIVE STREETS realignment of "I" Street and Olive Street. Mrs. REALIGNMENT Edith K. Cooper has agreed to the terms and the City RES #7409 NCS is to pay Mrs. Cooper the-sum of $325 along with other services such as removing and stubbing all existing sprinklers in the required right -of -way, attempt to move the existing fence and provide new posts therefore, and attempt to move one loquat tree to another location on'the - property. Resolution No. 7409 N.C.S., authorizing purchase of real property for 11 I" Street and Olive Street Realignment (Cooper), was introduced by Councilman Perry, seconded by Councilman Brunner and adopted by 7 affirmative votes. MARINA PROJECT Community Development and Services Coordinator Frank FEASIBILITY STUDY Gray reported the consultants had informed the City if F61 7 PHASE III the application deadline is to be met, it would be / necessary for Phase II and Phase III to be worked on simultaneously. The Council had previously given permission to proceed with Phase II of the project, but no authorization had been given for Phase III. The third phase of the feasibility study is the preparation of the Draft Environmental Impact Report, would cost $7,500. A motion was then made by Councilman Brunner, seconded by Councilman Perry to approve proceeding with Phase -III of the Marina Project Feasibility Study. Motion carried by 6 affirmative votes and one abstention, Councilman Hilligoss abstained from voting. APPROVE TENTATIVE Community Development and Services Coordinator Frank MAP -- PACHECO Gray advised the Council state law requires the F—OIJ SUBDIVISION-- Council to make certain findings with regard to the GRANT AVENUE tentative subdivision map for Manuel Pacheco. Mr. RES 47410 NCS Gray stated the subdivision conforms-with-the General Plan which calls for urban development in the area and he then reviewed the eight findings of fact contained in the proposed resolution before them. In commenting on the eighth finding regarding the discharge of waste from the proposed subdivision into the existing community sewer system, Mr. Gray asked the City Attorney to comment. Mr. Hudson indicated this finding is difficult to interpret even as it is outlined in the Subdivision Map Act. He had.made the conclusion that as long as there was no cease and desist order outstanding from the Regional Water Quality Control Board., it can be assumed the acceptance of the tentative map for the subdivision would not constitute a violation. Mr. Hudson also stated he felt the City Engineer was prepared to say the acceptance of these units would not cause a cease and desist order to-be issued in his judgment. City Manager Robert Meyer also stated the City-is required, under the provisions of the Federal- Grant, to accept any problem -type areas into the system. City Attorney Matthew Hudson stated there are some problems which the Regional Water Quality Control Board is aware of and they have placed the City on a time table for compliance, but at the present time, we are not in violation. Mr. Gray then reviewed the tentative map with the City Council, pointing out the exceptions listed on the map: the deletion of a sidewalk at the end of the cul -de -sac; the reduced width of Lot No. 10 from 65 feet to 61 feet, third, the sideyard setback of Lot No. 11 is 5 feet at the corner; and, fourth, the maximum street grade of 15 %. Mr. Gray indicated these requests for exceptions would not appreciably affect the-:.sub'division. Mr. Gray also stated the Planning Commission had recommended 17-conditions of approval be-placed on the subdivision.-map and the tentative map provided to the City Council reflects these conditions. 290 June 7, 1976 APPROVE TENTATIVE A discus was held on the driveways which would, MAP -- PACHECO extend beyond the diameter of the cul -de -.sac. Mr. SUBDIVISION-- Gray explained each. driveway would be 20 feet .wide to GRANT AVENUE serve Lots 4 & 5.. This 40 -foot width, at the top RES #7410 NCS the cul -de -sac, would - not have curbed gutters and (Continued) sidewalks, but would be private driveways extending beyond the end of the cul -de -sac. The driveways would be constructed of asphalt and the public ..right -of -way, culminating at the end of the cul -de -sac,, would 'be 44 feet wide and conform to City standards. Assistant City Engineer Thomas Hargis .advised the Council there would be no sidewalk in.front.of Lot, No. 6 primarily .because of the steepness of the lot. If a sidewalk was to be placed in front of the lot, it would be necessary for the contractor to construct a, retaining wall. City Manager Robert Meyer questioned whether the subdivision would create any drainage problems for neighbors on either side of the 11 -lot subdivision, i.e., Kelly Lane and "V' Street. Mr.,Gray indicated there would be no grading done either along Kelly Lane.or "I" Street. Mr. Gray further clarified the matter by stating the houses on Kelly_Lane - and in the proposed,subdiv..sion would continue down the hill in descending order and not cause drainage . problems. In other words, the houses on Kelly Lane and the ones to be con - structed would be on the same grade plane or elevation - in descending, order. A question was asked by Vice- Mayor.Mattei regarding the - access easement. Mr. Gray explained it was to prevent people residing on Kelly Lane from using the public right -of -way to be constructed in the new subdivision and to prevent the residents of the new subdivision from using Kelly Lane which is a private street. Mr. Manuel Pacheco, the developer for the subdivision, then spoke to the Council asking if there would be possibility of changing part of Condition No. 15 placed on the subdivision by the Planning Commission. lie specifically mentioned Assessor's Parcel Nos. - 8- 510 -31 which is Lot No. 11 and 8- 510 -45, Lot No. 10. Mr. Pacheco explained both of these lots now have homes existing on them and have an average assessed market value of $8,000. The homes in question do not belong to,Mr. Pacheco,, but he had to include them on. the subdivision map. The inclusion of the two parcels increases the Park and Recreation Fee for the subdivision by $800, and Mr. Pacheco was asking to have the two lots deleted for the purposes of the assessment of the.fees. After some discussion, it was agreed the lots would be deleted from the average appraised market value of the land for the purpose of determining the Park and Recreational Fee. The proposed fee for the other parcels, including these two lots had been determined at $2,780. With the elimination of the two lots from the fee determination,, the final figure would be $1,980. Mr. Gray indicated the two houses already exist on.these two parcels, the elimination of the land for the purpose of assessing the fees would not create any additional hardship on the park system. Mr. Gray stated the only reason the two lots in the subdivision was to gain the easements for the public street right -of- way. Mr. Pacheco indicated he had suitable arrangements with owners of Lots No. 10 & 11 for either a trade of land or the purchase of the easement for the right -of =way. Upon conclusion,of the discussion., Resolution No. 7410 N..C.S., Approving Tentative Subdivision Map of S & M Construction (Pacheco), was .introduced by Councilman Perry, seconded by Councilman Hilligoss and adopted by 7 affirma- tive votes. Condition No. 15,..in- Exhibit "B" to be changed as noted above. Planning Commission Resolution No. 12 -76, adopted May 4, 1976, submitted and filed. ESTABLISH RATES & Councilman Cavanagh reviewed the rates outlined in the CHARGES FOR GARBAGE resolution, noting they had been reduced somewhat from \, & RUBBISH_ the proposal presented at a previous meeting. He also RES #7411 NCS indicated a section has been included_ for mobilehome parks . and,asked. the question whether or not it would be possible to .review the rates on an annual basis. Finance - Director John Scharer stated the rates, as presented previously for the voluntar=y service, was $2.7,5 per 32- gallon can per month. In reviewing the rates with the Petaluma Refuse Company, it was determined, at staff level, if the company could support the fact they were encountering ,a declining - rate of profit, the City would be responsive to allowing a more frequent review of the rates. It was because of this concession the rates were reduced to $2.65 per month per 32- gallon can. Mr. Scharer further stated the refuse company had been anticipating a rate increase sooner than this date. Councilman r 1 1 June 7, 1976 291 ESTABLISH RATES & Mattei questioned whether or not the new rate is yet CHARGES FOR GARBAGE in effect in Santa Rosa, and Mr. Jim Ratto from the & RUBBISH Petaluma,Refuse Company stated the rate went into RES #7411 NCS effect last February. (Continued) Upon conclusion.of, the discussion, Resolution No. 7411 N.C.S., establishing the rates and charges for the collection of garbage and rubbish in the City of Petaluma., in- accordance with the provisions of Chapter 8.16 of the Petaluma Municipal Code and repealing certain sections of Resolu- tion No. 6421 N.C.S., was introduced by Councilman Perry, seconded by Councilman Brunner and adopted by 7 affirmative votes. LETTER FROM A letter dated April 10, 1976, directed to the City YELLOW CAB COMPANY Council from Margret L. Flud, doing business as Vd- 4 V REGARDING RATES & Yellow Cab Company, regarding taxi cab rates and PROBLEMS problems was submitted to the City Council previously and briefly reviewed at the meeting. The main basis for Mrs. Flud's request was to eliminate the rate charged from 10:00 p.m. to 7:00 a.m., which is two times the base rate. The proposal submitted by Mr. and Mrs. Flud was to charge the base rate from 6:00 a.m. to 9:00 p.m., and from 9:00 p.m. to 6:00 a.m., the rate would be 1 -1/2 times the base rate. Some other suggestions were made by Mrs. Flud, however, during the course of the discussion, the Council felt the Petaluma Taxi Company should also be involved in the discussion if any of the rates are to be changed. The matter was scheduled for the June 21, 1976 Council meeting. The City Clerk was requested to advise Mr. Stephen Paronto of the date of the meeting. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:55 p.m., to an Executive Session and to June 14, 1976, at 7:30 p.m. 1 zt, Mayor Attest::: City' Clerk 1