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HomeMy WebLinkAboutCity Council Minutes 09/20/1976MINUTES OF MEETING' OF CITY_ COUNCIL CALIFORNIA PETALUMA,. SEPTEMBER 20,,1976 REGULAR MEETING The regular - meeting of; the Petaluma Council was called to order by Mayor Helen Putnam at the hour. of 7:30. p.. m. ROLL CALL Present: Councilmen Brunner., Cavanagh, Harberson,, Hilligoss,.- Mattei, Perry, and Mayor Putnam. Absent: None INVOCATION The Reverend Thorval Elim Lutheran:.Church gave the invocation. At the conclusion.of Mr. Evenson'-s invocation, Mayor Putnam wished him success and happiness as he moved on to a new call at Redway, California. Mr. Evenson will be leaving.the,community in the very near future ®: PLEDGE OF ALLEGIANCE Debbie.Stander, a student.at the Kenilworth Junior High School, led:the audience and the Council in pledging allegiance,to..the Flag. APPROVAL OF MINUTES The Minutes of August 30, 1976, were approved as mailed. Councilman Cavanagh asked to have the - negative votes on pages six and seven of the Minutes of September -7 ident- ified. The corrections were noted by the City Clerk and will be incorporated into the Minutes. Regarding the Minutes of September 13, 1976, Councilman Cavanagh asked to have the members who attended the meeting on the Public Safety Communication System identified.in that,. in addition to himself, members of the City staff including the Police Chief,, a member..from the Fire Department, the Assistant City Manager,. City Manager and the ..Adminstrative,Assistant to the Police Chief were in attendance. The:correction was noted by the City Clerk and. will be incorporated into the Minutes.: ,.'. CONSENT.' CALENDAR A motion was made by Vice -Mayor Brunner, seconded by Councilman Harberson to adopt the resolutions on the Consent Calendar. Motion carried unanimously. Agenda Stem #1 Resolution. #7514 N.C.S. adopting "Goals and Timetables ADOPT* GOALS & . for Affirmative Action Plan - Fiscal Year 1976=77 was F 1 TIMETABLES'' adopted. AFFIRMATIVE ACTION'.. PLAN` -1976 -1977' RES 47514 NCS Agenda Item #2 Resolution 47515 N.C.S. accepting'the resignation of ACCEPT RESIGNATION - Jeannette Anglin as a member of the-.Petaluma Recrea= OF JEA.NNETTE ANGLIN tion, Music and Parks.Commission was.adopted. Fq 7 AND EXPRESS APPRECIATION Resolution 47516 N.C.S. expressing appreciation to RES #7515 NCS & Jeannette E— Anglin.was adopted. , #7516-NCS' - AMEND ZONING Planning Director Ronald F.,,. Ha:ll reviewed.the application ORDINANCE TO for rezoning submitted by Gary Stokes, the developer for U' RECLASSIFY Casa de Arroyo Subdivision Units 1 & 2. The applicant is A.P. #5 -040 -030 requesting.a rezoning from Planned Unit Development in #17- 030 -20 Unit,l to R - (compact residential) to accommodate 23 FROM PUD TO R -1- -:: duplex units or a total of .46. units.. In addition, a re- 6 - CASA'DE quest is.made.to rezone app.roximately'33 acres from Planned ARROYO, UNITS 1 & 2 Unit District to R -1 -6,500 '(single'-family residential) to ORD #1224 NCS accommodate '126 single - family ::dwellings. The previous (SECOND READING) .zoning proposed for the development was a Planned Unit District for 241 units. Mr. Hall stated, during the hearing 382 - September 20, 1976 AMEND .ZONING -on the previous. development, an EIR had been submitted,. ORDINANCE TO The area is located at -the ekten'ion of McDowell. Blvd. RECLASSIFY and Casa Grande.Road. The Planning Commission considered A.P. #5 -640 =030 the matter and by their, Resolutions -76 and Zll -76 ap- & A.P. 17- 03.0 -.2Q p.rbved both the rezonings and requested a Negative'Decla- FROM PUD TO R -1- ra tion be filed. By means of the viewfoil, Mr. Hall 6f 5.00 -- CASA_DE indicated the area which would contain the duplex units ARROYO "; UNITS 2 and be zoned Compact Residential as.well as the single - ORD 41224 NCS 'family unit s.to be zoned R- 1- 6,500. There a re approx= (SECOND READING) imately 42 acres in the area to be covered by Unit's - 1 & 2. Vice -Mayor Brunner stated although he had no objection to the re'zoning,he was somewhat disappointed the "Pinnigan 'Cluster" concept had been abandoned by the developer. This concept would have eliminated the typical row upon row of subdivi- - sion.development Some questiofis..were raised- is to' the ; placement of the park larea.; however,,. Mr. Hall stated the matter - before the Council at this present time was for the re- - zoning and the placement of parks and the developments would be considered under 'items " ^.19 and "20 on the agenda when.the tentative maps for both Unit 1 &.2 would-., be discussed by the City Council. Councilman Mattei. also expressed some concern about the old Lakeville. Road and whether'or not it was to be abandoned. City Manager Robert Meyer stated -this would also be discussed at the tentative map' s t ag e„ Mayor Putnam declared the public hearing open.. No comments -were made from the floor, none had'been received by the City Clerk and the public hearing was-de- clared closed.. - Ordinance #1224'N.C..S'. amending Zoning Ordinance 41072 N.C.S. by reclassifying A.P. #5- 040 -3.0 (consisting of.Approximately nine acres located on Lakeville- Highway'near Casa Grand e 'Road), from_PUD (Planned Unit District) to. R -C (Compact Residential) and A.P. #17-7030'20 (consisting.of approximately 33 acres located on Lakeville Highway and,Frates Road) from PUD - (Planned Unit District) to -. 1- 6 (One Family Residential) - Casa'de Arroyo Units l & 2 was adopted by 7 affirmative votes. Effective date of ordinance is October 19, 1976. REJECT A memorandum.directed ' to the City Manager from the City SCHOOL ACCESS ` Engineer regarding the bids received for the school C� FOOTPATHS access footpaths on Bodega Avenue and Bantam Way, Project RES .447517_ NCS ° ' No;� 1000 -9412 was read by the City Engineer and ordered. , filed; Mr". Young. 'stated hts. department had talked with the two - contracting firms who had submitted bids a -Their high bids were a result of the large amount of hand work involved-in the Project. The contractors must use union labor; thus creating a high cost for manpower... Councilman Hilligoss questioned if the City crew was to do the job would. it be advantageous to hire extra people.. - Public Superintendent Roy..Kelly> responded by stating did not feel it would be worthwhile to ;hire"extra people to, accomplish the as he would not have enough equipment anyhow. His est - mate of time to complete the job would be about three weeks, and it would mean delaying other street projects. His estimate for the cost of materials: was somewhere around $3,,500. Mr. Kelly also - stated if crews were expected to accomplish the construction of the footpaths he would want to modify the specifi- cations somewhat. He would propose to use only enough base rock for leveling as this is only .. an interim - measure- before the street would need complete recon- struction.' Mr,. Kelly also. stated the paths which had been done by the 'City crew in Walnut Park and the Washington Creek Linear Parkway, seemed -to be 8atisfact ory and these -would be of a similar- nature;: At the conclusion of the discussion; Resolution .#7517 N,.C,.S:.:rejecting bids for school access footpaths, Bodega Avenue and- .Bantam Way -' '(Pro j ect 1000- 9412) was introduced by' Councilman, Matte'i :seconded by CGuncilman'Perry and adopt-ed by T affirmative votes. The Council's! decision was. to have the City's crew accomplish the construction of the footpaths. September 20, 1976 AWARD BID Memo dated September 17, 1976 to the Council from Charles / 1977 1/2 -TON D.�Huffman Purchasing Officer.,_. submitted and filed... �� / PICKUP TRUCK Qn,1y - one b d.had -been received_ °for :this vehicle for: COMANCHE CHEVROLET the Street Department: City Manager Robert Meyer commented RES 47518 NCS it may be well the City to consider for future vehicle purchases to work with the State of California as bid responses were not-being-received the City. Reso_lut;iori #7518 N.C.S. awarding contract for one 1977 1/2 -ton pickup truck for the Street Department to Comanche Chevrolet in' the amount of.$4,073.64 was introduced by Councilman Hilligoss, seconded by Councilman Harberson and adopted by-6 affirmative and 1 negative 'Votes. Councilman'Cavanagh voted "no ". AWARD BID A memorandum dated September 17 -, 1976 to the Council FIRE RESCUE'TRUGK from Purchasing Officer C. D. Huffman indicated only F6 - CAB AND CHASSIS one. bid. had been xeceived for the cab and chassis ". SANDERSON FORD Fire Chief Joe Ellwood indicated'the original bid'whith RES 47519 NCS had been awarded to Sanderson Ford could not be honored as the factory had discontinued production of 1976 vehicles. For this bid, invitations were sent to six companies and five indicated- they could bid.. Chief Ellwood also ,stated! ;this is not 'a special item; it is a.stock.it.em on which either.Cheverolet,'.Dodge,. GMC,.Ford, and- others could have bid.. :The bid received from Sanderson Ford is $311.67 more for the 1977 vehicle than for the 197.6 vehicle.. At. -the conclusion the discussion Resolution 47519 N.C.S. awarding.,the contract for the purchase of one cab and chassis for the Fire Department rescue:truck to Sanderson Ford- Mereury.Sales in the amount of $7,148;67 was intro(uced''by, „Councilman Perry, seconded by Councilman.Harberson and adopted by '7 affirmative votes.. A14ARD BID :, A memorandum dated September 17 1976..to members of ,the 3/4 -TON TRUCK City Council from Putchasing.Officer C. D. Huffman was FVj_ q COMANCHE CHEVROLET submitted and filed..,_ Two.:bids had been received.for. the . RES 447520 NCS purchase of one new 1977.3/4 - ton truck for:the Water Pol- -lution Control Plant. The- low was.Comanche Chevrolet. This was a re -bid as the previous bid could not be.honored as the factory had discontinued:the..production of 1976 vehicles. Resolution 47520 N.C.S. awarding.contract. for the purchase of one 3/4 -ton truck for the Water Pollution Control Plant to'Coman.che Chevrolet in the amount-of $4,752:83: was introduced. by Councilman Harberson,.'seconded by'Vice- Mayor Brunner.and. adopted by 6 affirmative And'l negative votes Councilman Canavagh indicated he-had-voted no on the award of'bids to.Comanche'Chevrolet items 5 and 7 on the because this firm.did not have a business license in Petaluma. A brief discussion was held'. following 'the. award :of. the. bids : for:, the :trucks- - . regarding the bidding ;procedure....Mayor Putnam stated ;.the City would continue -to encourage local bidders to° submit proposals and: °pointed out.that some of-the bids were awarded to firms:- within the.corpo:rate limits of the-City of. Petaluma. In`other cases, -the .bids were awarded becaus:e`.the'y were :.the only bids received.. Co6ncilman:Harberson quest -ioned whether the: Counc l: would have a legal right to.'reject bids merely because they came from outside.-the City limits It was his understanding the'Council was bound to award.bids to the lowest responsible bidder. City Attorney Matthew Hudson.stated the Council reserves the right to.reject all bids, but in.this case since there .was only one,.bid the Council could`.go'ahea'd and award' the bid. If there were others however and the low bidder was from the 'City limits, the.Council'would probably.be bound to awar&'to the lowest responsible bidder. MOTION TO CHANGE The next item appearing on the agenda.for the meeting AGENDA ORDER was the results of the bid opening September 15, 1976, for three transit buses, - Councilman Mattei, suggested before;'reviewing. the bids.and.award ng the contract for the .purchase. of.the three buses which would be related to :the intra- county transit - system, discussion should be held on item 18 on-the, agenda relating to the system to service California State College Sonoma in.cooperation.with the City of Rohnert Park, the City of•,Co.tati and the ;County.of Sonoma.', Councilman,, Harberson then suggested that' item °17 which relates..to- th&'Petaluma Transit System also be-moved forward for discussion prior to the award of bid for the 3 September 20, 1976 ; MOTION TO CHANGE transit buses.,. A.motion was.made by. Councilman Harber- AGENDA ORDER son. seconded-'by Councilman Perry to move agenda items (Continued) • ', 417 .and. 18. - to become, .7A ,on- the agenda. Motion carried unanimously. REVIEW OF OPERATION A;.memorandum prepared by John:L. Scharer, City Finance TRANSIT Officer,.to City Manager Robert H. Meyer dated September o SYSTE 17, was reviewed by the City Manager in the ab- \� sence Mr. Scharer. The study for the three -month period from Ma .1. July 31, 1976., showed by deducting the -fare box revenue from the o eratin - g P g costs there was a net deficit of $36, the TDA. allocation for the period was $37,000 leaving available funds, in excess of cost:, of $776. Recommendations. contained in Mr. Scharer's memorandum_ then dis,cussed,by the City Council. With reference to the comments received by Mr. Scharer relating to- student rate, he felt rather- __. . than . adding a cumbersome mechanism to, identify students his recommendation would be to.sell books containing 40 tickets with- a'face value of $10 for'$:7.50,.'thus - affecting a'25 percent discount. In addition, Mr. Scharer recommended the' - early morning.schedule.from S,OO.a.m. to 7:00 a.m. on routes 1 and 2 be discon- tinued because of .the lack of ridership. ,With regard to routes, the recom- mendation'in- the.report is to maintain routes 3A and 3B, the valley.`routes`as implemented but to make minor changes in route 1, Cherry Valley, and route 2,- . Hillcrest.. . Mr.` report also addressed the specific request to.`service - ... the Leisure Lake Moblehome Park area. He indicated that until such time -as .the. - :L - County of.Sonoma corrects the Corona Road "intersection at Petaluma Blvd. North he :felt it would - be unsafe for the Petaluma.Cal State Sonoma bus to service the . area, Mr;. Sc report referred to a petition: received from. parents of children who reside on the valley side.of the community with children attending - the St. Vincent Elementary School on Howard Street. The petition requests a bus stop closer'to St. Vincent Elementary School:as well as a $.10 fare per child. The letter directed to the, City Council and - signed, by Barbara._ Guerrero along with the petition containing 6l signatures is on.file with the City Clerk.' Mr. Scharer:indicated.in his report there�-is not. - sufficient time allowable in the schedule to make route deviations ": He did state, however,, -if the Petaluma State Sonoma route is implemented in the latter part of the year routes 3A and '3B could be reviewed. and •a possible schedule. worked out to provide coverage closer the St. "Vincent Elementary School area. City Manager - Robert- :Meyer stated - that -if the Council approved the, recommenda- tions -contained. in. Mr.- Scharer't report.. implementation would take-place as.soon as would take a little time.. to, print new schedules.., and the are 'books.-and possibly in:. two or three weeks the new changes :could'be implemented' Some.discussion.was held on 'the route changes­ -and the performance, of the buses,, and "a quest 1bn.:vAs`.-asked by Councilm Cavanagh - regarding the breakdown of -one of the buses; Mr. Jerry" Mitchel„ the local manager for the transit. system.,. stated ;there, had. ;been . a breakdown in one :of . the buses. " Mr-. , Scharer had been informed inimedately,•and the dealer';had sent a replacement- bus so the• City -,. still has .the regular four route buses and aback =up bus. In response to Council -' man Cavanagh' -s questions as to how long:, the bus. had been, out of. service, Mr. `:Mitchel stated a week.,and -one day. He did -not anticipate any problem in ,receiving the part . to - •repair the "vehicle. ;. Mayor Putnam then stated she ,regarded the. report,this.,evening . as A progress report on the status of the bus ,system, and.even: though changes were recommended to be made, she.felt a study should continue on. the.operation -of the transit.. system. The City Manager then stated the sta €f would comeback to the Council 'with another report after a-three -month period. Mayor Putnam then invited .comments from the audience. Mrs. Barbara "Guerrero; the author of the letter to the City ; Council with the . : petition; felt the $.18 cent fare proposed under the commute.book system was still too high.._. When asked by Councilman Brunner: what alternative. they would :have, 'Mrs. Guerrero, stated it would be going back to ear pooling.. Mrs. Gueriero-als - o stated she.had checked with the :City of Santa-Rosa which charges a $.15 . fare for students' under - 1 -1 years of age. They also iss ue a commute book for $1.50- which . -they, felt to be more, reasonable.. In addition, Mrs. 3815 I F� September 20, 197.6 REVIEW OF. OPERATION f Guerrero stated they would= like.to have the buses PETALLT14A TRANSIT closer to the school to.address the Council was SYSTEM Mr. Lavin stating there 'are: a number of-students who (Continued) have no alternative means 'of transportation - to get.to . school, and most cities-..recognize this and make provi- sions for a student fare. Mr. Steve Schrei'spoke"to-the Council stating.he.was one of the 2.6 persons who rode',the early morning-schedule. He had -recently moved to the Westridge vision-fr . om Menlo Park and.although-he realized.it was not financially feasible for the-City to continue this route; he suggested that since the area would be increasing in population the City might use some.-means of advertising, perhaps on the front page of the local paper, to advise citizens the service is avail- able. This might the ridership in the early morning hours. Mr. Schrei further stated-,the system, is,a,good system and is one of the many things he.likes-about living in Petaluma. Linda Millsap -then questioned whether Mr Scharer's-report had mentioned any- thing.about changing : .the bus stop,..from..the Golde . n,,,Conc6urse to Howard and Wash- ington Street in order to . accommodate children attending St. Vincent School. City - Manager.R6,bert Meyer,responded'by stating thismay -becote possible if the intra-county syst6m is put in service California State College Sonoma. The earliest possible time take 1place; howe-ver,..would.be sometime in December. At the conclusion of the discussion by the Council and members of the audience, Councilman Harberson made a motion to eliminate early morning service five - days a week for a three-month period institute the sale of the ticket books to determine what it does for the financial and ridership situation and implement the route chaages.-as:recommended the Cherry Valley - and Hillcrest..routes as,. showri.in the report. The motion seconded by Councilman Hilligoss and cav- ried unanimously. INTRA-COUNTY. City Manager Robert, Meye r,repqrted Mr. Scharer had been TRANSIT SERVICE advised the Sonoma County Board of Supervisors has F707 .AUTHORIZE AGREEMENTi approved.:the system.to service California State College, RES #7521 NCS Sonoma.. The other cities involved, namely, Park ---and have letters of intent.And the one remain ing authorization needed was for the City of Petaluma to indicate they were willing to sign agreement. Reso'lution,. #152.1. ..0 S : - 'a the Mayor to' sign- agreement with the County of Sonoma,., City' of. CQtati and City bf - Rohnert. Park.' f or transit . services was introduc-ed',by . Councilman Harbetsoh', seconded by:Councilman Hi llig oss and adopted by 7'affirma'tiv6 votes. AWARD.CONTRACT The'results of the bid opening of :Septeinber 15 1976 for FOR PURCHASE OF three'tr . ansit buses'.con'tained in 'rep ort from Mr. THREE TRANSIT'BUSE& ­;;Sch e . ar r, the . City Finance Officer,­to:City Manager :,�F HOLT MOTORS-. 'Robert H. 'Meyer da September. 20, 1976, submitted and RES #7522 NCS filed. - Three bids had been one-from North American Transit Sales for GMC in'the amount of $125,989.29; the second bid'from European Motors, Ltd., for Mercedes Benz buses,, $100,936.38; and,'frbbl Holt.Motors, Mercedes Behz"buses,. $98 Before voting.-on the resolution; some discussion was held regarding awarding the bids for the entire.order of three buses inasmuch as the County of Sonoma was to purchase two of the . buses and City of Petaluma to purchase one. it was sug gested.the resolution awarding the contract,.. state the. acceptance of the,bid contingent upon the execution of the agreement by and between the City of Petaluma, County of Sonoma, City of-Rohnert Park an City of Cotati. City Attorney Matthew Hudson indicated: this,-would'be incorporated in the resolution. Mr. Ben Godway of European Motors in Oakland questioned the amount of the bid from Holt Motors stating he had been present at the.bid opening on September 15th-.when a quotation 'of.$99,364050.had been the-City Clerk. City September 20, 1976 AWARD CONTRACT Manager Robert Meyer. explained Holt Motors had erred In FOR PURCHASE:'OF their bid proposal..in that tthey charged the sales tax THREE TRANSIT. BUSES applicable.to Counties supporting the Bart System'and HOLT MOTORS = had revised, their-'bid downward.to reflect the correc =. RES #7'522.NCS tion. The correct amount of the bide is $98,898.00. (Continued) Upon conclusion of the :discussion Resolution #7522 N.C.S. awarding the contract for three transit buses for intra -city bus services subject to execution of agreement for transit service and awarding the contract to Holt Motors, Stockton, California, in the amount of $98,898.00 was introduced by Councilman Harberson, seconded by.:Councilman ._ Hilligoss and adopted by 7 affirmative votes.: o \ AWARD BID: Results of the bid opening, September 15., 1976 were 1976 LIGHT -DUTY reviewed by Purchasing Officer C. D._ Huffman; copy of \, mo PICK -UP TRUCK bid results on file'with City Clerk. The low bid for 0 RES #7523 NOS the vehicle was received from Torvick Datsun,, Santa Rosa. Mr. Huffman stated the Public Works Superinten- dent, Roy recommended awarding the bid to Torvick. Resolution #7523 N.C.S. awarding;con`tract for the purchase of one light -duty pick =up truck to Torvick Datsun, Santa'Rosa.in the amount of $3,527.04 was introduced'by Vice -Mayor Brunner, seconded by Councilman Perry and adopted by six affirmative and one negative votes. Councilman Cavnagh voted "no". RECESS Mayor Putnam called a recess at 9.:23 p.m. and the Council reconvened at 9:30 p.m... QANTAS DEVELOPMENT A letter dated September 15, 1976 dir-ected.to.the City LETTER RESCINDING' Council by Jon D. Joslyn, Qantas Development Corpora - APPEAL tion, Rohnert Park, formally requesting rescission.of the appeal contained in their letter dated August 12th was read the City Clerk and ordered filed. _ WILLIAMS & AGUIRRE A- letter, dated August -28, 1976 d-irected._to the City REQUEST FOR ADDITIONAL Council from Walter Williams and Ray V. Aguirre re- . � ® ALLOTMENT -'questing ten allotments for their'proposed. �j RES #7524 NCS subdivision was read by the Clerk and ordered filed. City Manager Robert .Meyer . explained 470.units had been authorized for the valley side of the community under this year's interim allot- ment *system...: -... The Residential Development. Allotment. Board could not .award 'more than 100 units to a developer without the Councils approvah.., If the Councih approved the ten additional units for Williams and Aguirre, the 4uota for the east side would. bg exceeded.by two units.. City Attorney Matthew Hudson stated the-interim-plan does provide .for the ; award of additional units "'if the develop - ment is not economically feasible .or there are other factors beyond the develop- ex's control. He advised the Council they would have to make - these findings'.' before awarding the ten.additional allotments'.: Mr. Hudson stated there should be some testimony, in.this regard. Planning.Directo;r Ronald Hall placed the map of.the proposed subdivision on the vi;ewfoil which showed the configuration and the diff iculty.which would.arise by trying to.eliminate ten of the units,. Mr. Hudson stated he felt it should be stated for the record by the City Council that the configuration for the proposed development is such.that'if the ten units were withheld it would create considerable harm in the construction:of the public improvements': Resolution #7524;N.C.S. approving award of development allotment in� excess .of 100 residential units for subdivision proposed by Williams and Aguirre was -introduced by Councilman Perry, seconded by Vice -Mayor Brunner and adopted by six - affirmative and one negative vote. Councilman Harberson "no ".. CITY MANAGER'S; REPORTS CLAIMS .& BiLLS Before approving' the 'claims'. and bills, a• discus ; was - check RES #7525 NCS held. regarding the summary pre register those 3" CLAIMS" &.BILLS checks which had been issued marked with an' "H ". Council- . RES #7525 NCS ; rhan Harberson stated he agreed with some of the checks (Continued') such as to the Postmaster and for Petty Cash; however, he questioned the payment of. dues and other items: which. had an "H" on the summary pre -check register which he felt could be issued on the 15th of the month and held for the Council's ap- proval at.a later date...City,Manager Robert Meyer explained some of the items on the p.re -check register were contractual items which had'to be paid, and Assistant, City Manager.David Breninger. also stated.some ,of the ins u urance pay- men had .to.be paid in advance rather than during the month for which the premiums were due: Mayor Putnam stated in view of the fact. Mr. Scharer.was not available to answer.some of the Council's questions regarding the check regis- ter., the matter should be deferred until such time as-Mr. Scharer was present. Mr.`Meyer'stated•:the;Finance Department.has been.working within the framework,of the reso:lution.passed by,the Council.and, if desired,.the resolution could be changed and brought,back for the Council's consideration. Upon completion of this.discussion,,resolution'#7525 N.C..S,, approving, claims and bills #294 to #487, inclusive, General City 0488 voided and, Water Claims #67 to #78, inclusive,, was.introduced by Councilman.Harberson,.'seconded by Councilman Hil'ligoss and adopted by.seven affirmative votes. REJECT.BIDS: .City Manager Robert. Meyer reminded the Council the,. -6� RADIO.BASE= ..STATION matter of ahe radio base station bids which had been RES #7525A received August 18,, 1976 had been discussed at a pre - vious meeting. Since the specifications in the original call . for bids had been changed where the items are now less than the Council had expressed the desire to request quotations rather than go to formal bidding procedures.. Resolution .#7525A N.C. $'.' rejecting all- bids ' for the Fire Department radio base station - - public.safety communications system was introduced by Councilman Mattei, seconded by Councilman Perry and adopted' by seven affirmative : votes. AUTHORIZE ENGINEERING' Two proposals had been received by Public Works Super- SERVICES -'ALTERATIONS 'intendent Roy Kelly for alterations to the heating.. / o C TO HEATING SYSTEM system in the basement of City Hall and the Police. / �J � RES #7.526`NCS Station. In a memorandum dated-September 17, 1976 from Mr. Kelly to Community Development and Services Coor- dinator Frank Gray, retaining the firm of Ihsan H: - Ali and' Associates to perform the engineering and design services in an amount not to exceed Resolution. #.7526.N.C.S approving contract for engineering services with Ihsan H. Ali.and..Associates,.for heating,was, introduced by Councilman Brunner,, seconded by Councilman.Perry and adopted -.by seven affirmative - _votes. RELOCATION - .CHAMBER The. letter - forwarded to.the' City, Manager by F. K. Schram, OF COMMERCE!­ PARKING Manager of the Petaluma Area Chamber of.Commerce, dated SPACES Septembe r 7,, 1976 , .submitted to the City- Cler.k,and ordered filed. City Manager Robert Meyer suggested there may.be..several ways to accommodate the Chamber of Commerce'.s request,to remove parking in front'of their new location at .314 Western Avenue. A request had been previously made of the City to remove all parking in the area which presently has two hour parking meters. This could be done but the ordinance would have to be amended., Mr. Meyer further advised the two parking': spaces which the,Chamber presently has at their location at 10 Petaluma.Blvd- North are illegal spaces which are marked for the Chamber of Commerce's use. only. _ Community Development. and Services Coordinator Frank Gray pointed.out..the building which the Chamber plans to occupy sometime - around October...lst.did.not have a meter in one space.. It was formerly a garage and the•'ent:rance.to the was a' driveway, therefore, no parking meter had been placed. After a discussion, a was made by Councilman Har- berson:and ,seconded by .Councilman Per,ry repaint two parking.spaces in front of 314.Western Avenue green and remove -one parking meter for relocation to Petaluma Blvd.' Motion carried unanimously. t ". September 20, 1976 COUNCIL-REPORTS TRAFFIC COMMITTEE Councilman Cavanagh reported on-the meeting of the ; TRUCK ROUTES .'Traffic Committee stating the Committee reviewed the plans for the Circus which plans to come °to 'town and discussed the�parade.' This matter•will•be taken up at a . later date:' In addition ", the Traffic Committee dis- cussed the proposed truck route, and recommendation is to have the route from Lakeville Street /Petaluma Blvd. to "D" 'Street, providing the traffic: signals are installed. The Committee will give a more comprehensive report to the Council at 'a later 'date. TEEN ACTION PROGRAM Councilman Hilligoss., the Council's representative:on the Recreation,'Music' and Parks Commission, stated she had met with representatives from the Petaluma. - People Services Center:'regarding'the teen action program. In addition, • Recreation Director Jim Raymond and Jim Crabb attended the meeting. Councilman Hilligoss stated Mr. Raymond would'figure the costs for the programs the group wishes to hold at the Kenilworth Recreation Center for the�Counc l's consideration.'. WATER COMMISSION - Councilman Perry, the Council's representative on.the REPORT Commission, reported the consumption of water in . .Water t he •City'has decreased, and the Commission expressed some concern regarding the fact when the Russian River to Cot:ati.Inter:tie proje'ct'is completed and'the City is 'authorized the use;of more water.f'rom the Russian.River, there may be some difficulty in selling the minimum amount of water -for which the. City will be charged. '.. TENTATIVE MAP Planning Director Ronald F. Hall briefly outlined the CASA DE'_ ARROYO - ; . area under discussion for Casa :de .Arroyo Unit No..: 1. SUBDIVISION.UNIT I tentative map for the subject subdivision does not . The (Continued ..to include parks, nor would the old Lakeville Road have any October4, 1976) bearing on this unite The proposed subdivision would contain 46 units or,23 duplexes in Unit No:, 1. The only issue brought forth at.the Planning Commission l eve l was Condition #13 regarding landscaping which the. subdivider was concerned about , because. :of.the.high cost.for.the landscaping requirements. Originally- the recommendation ..was.to,..require heavy landscaping. The, word "heavy" was deleted from the Planning. Commission's ,recommendation"-to allow for more' f lexible type of landscaping.:. The - ,Planning Commission further required the developer•to work' with the City.:staf f with'.- regard to.. landscaping requirements, of 'the 25 - =foot area along_Lakeville' Highway, ' however; lawns and:shrubs` would not be a requirement. Vice- Mayor"..Brunner objected the placed on the tentative map for = decorative board fencing."' He. felt any development;.along Lakeville Highway.` should hay.e..masonry fending would not deterioriate and cause :problems such as has been created:by''the Boise development, Gary Stokes, , for the ro.ect, stated cost for a masons .be' three `times:. p j y. fence:would greater than.for..a wooden'fence and felt that since there would be a 50 -foot setback- from.the highway this.would.create a suitable buffer zone - for noise Lakeville Highway.traffic. Mr. Stokes 'further pointed out that the public improvements 6h. the entire development were very costly since he had to extend South McDowell Blvd. and do some channelization work and other major improve - . ments which added greatly to their cost: City Manager Robert Meyer-questioned-Mr. Stokes'. statement regarding the-50- ..foo.t. .. .. setback from the highway: Mr. Stokes explained there would be.50 "feet from the highway before there would a lot. The staff's requirement. was to place a fence 2.5 feet behind the highway and -there would be an additional 25 feet to the property line.. Community Development and Services Coordinator Frank Gray." explained th: e�. original concept - for the, development was to have a roll ,berm three feet.high., feet back from. the highway upon 'which a, three foot concrete. fence would.be built. Beyond that would be another '25! feet to the property Tine - which responsibility of the - property .owner to maintain, however, no. . would • be'the structures could be built in this section:: The-idea was to provide for a 50 -. foot buffer zone because of the traffic noise coming from Lakeville Highway.. J . 3 September 20, 1976 TENTATIVE MAP : was raised. of whose responsibility it would CASA DE ARROYO J be to ,maintain the 25 feet between the fence and the SUBDIVISION UNIT h highway and it was determined the responsibility would (Continued .to .fall upon the City. A suggestion was made to dedicate October 4, 1976). this land to the State.of California, CALTRANS Division, (Continued) for future widening Lakeville Highway; however, Mr. Young, the City's Engineer-, indicated he did not feel CALTRANS would have any plans to widen Lakeville Highway within the next ten years and'did, not believe they would accept the `right -.of -way. Mr. Stokes stated in the letter he received from CALTRANS they indicated they had no future plans for the widening of'Route 116.. He felt it was unreasonable for them.to be required to dedicate a"50 -foot right -of -way and still build a concrete fence to control the noise level. - There w.as a considerable - discussion'on the size'of the lots. The fact was brought out .that none :of the lot lines backed up to the highway and many the.. lots would' be anywhere.from 120 to 150'or 200 feet deep. Although the Council d reach a,conclusion on the matter; it was the concensus to require only a 25- foot.right -of -way but to have the ^developer build the six -foot masonry fence. Mr. Stokes asked if.they were required - to build the six -foot masonry fence could they .. eliminate-the . three-foot berm. Planning Director Ronald Hall stated he felt,the matter.could be resolved by establishing a rear yard setback for each individual lote There was a great deal of''discussion then about the maintenance of the 25 -foot strip ..along.thO.subdivision. City Engineer David Young felt the City was in- heri.ting'a maintenance task which should rightly belong to either the State of California,.as the.hi.ghway belongs to the State, or to the developer. By having the dedicated to the City the expense of maintaining 'the area would fall on local taxpayers, Mr. Young also pointed out the area would be susceptible to a great deal of debris. In summing:;up.the. discussion, Councilman Harberson, the Council's representative on the Planning Commission, suggested the six -foot masonry fence be built on the upward s.lope,.25 feet from the rightTof� way and that this 25 -foot strip of land be dedicated to the City. The City would maintain the trees to be planted in the area; Before'a vote..could'be taken on'this item:, Mr. Stokes requested that item #20, the tentative-map for Casa de Arroyo Unit No. 2. be discussed and asked for a delay­-on the vote until both items were discussed and voted on at the same time. TENTATIVE MAP Planning Director Ronald F. Hall outlined the subject. ASA DE, OYO .. subdivision on the wall map and advised the Council Unit C ARR SUBDIVISION `UNIT No. 2 would contain 126 single - family dwellings. With (Continued to relation to'the Planning Commission's conditions of October. 4, approval for this.subdivision item #13 which was the same condition on'Unit l regarding the board fencing. City Manager Robert Meyer asked if the same treatment would 'not be carried all along Lakeville Highway as had been discussed in Unit No. 1. Mr. Hall stated the Planning Commission had also deleted the requirement in item #14 for heavy landscaping. With relation to item #17 regarding the existing :well on the property, Mr. Stokes indicated he had talked with Mr. Tom Wilson, Director of the City's Water Utility, and was informed by Mr. Wilson the well would not be-of any value. -City Engineer David Young also stated if the water was to be used for irrigation purposes for the divider strip on Casa Grande Road, it.would be necessary to run 700 feet of water main.. It was his recommendation the requirement for the dedication of the well be deleted from the conditons.for. approval of the tentative map. The Council agreed to the _deletion. of this item. The next 'item to be ( d iscussed was item #18 on the conditions for approval recom- mended by the P.lanning.Commission; i.e., the park dedication. The original recommendation was fora channel'right =of -way for park land. However, Mr. Hall September 20, 1976 TENTATIVE MAP stated he felt it would be necessary to realign the CASA DE ARROYO - channel and remove some the lots in orde to save SUBDIVISION' UNIT 2 some.of the trees existing on.the property. He was (Continued to advised„ However, that many of the trees are in poor October 4_, 1976) `cond'it on and would have to be remove'. Mr. Stokes also (Continued) spoke stating their objection to condition 418 was that it_ really wouldn't provide anything. They were not quite sure what the City would do with a;park that would be 100 feet wide and' -700 - feet long. It was -his suggestion it would be better for the developer to pay the money to the in -lieu fee fund for other parks indicated in the General .Plan. City Manager Robert Meyer questioned whether it would.not be feasible to place a park on.the east side of old Lakeville Road, 'so. that a park could serve not only this dev.elopment other developments which would extend out to Ely-Blvd... Mayor Putnam inquired whether the decision had - to be made at this meeting regarding the placement of the park;or the acceptance of in -lieu fees in view of :the fact that condition #1'8 stipulated the.subdivider ..must meet with the Recreation Director to discuss :the park,dedication She questioned. Mr. Stokes as to.whether he.had discussed the matter with Jim'Raymond', the Recreation Director. Mr. Stokes indicated the matter had been before Recreation Commission :and they were unable to reach a decision 'and cast a split vote. City Manager.Robert Meyer advised if.the.Council accepted the conditions, then the decision .regarding the parks would be.left to the Recreation Director and the Council would have no .voice in the matter at the tentative map - stage. Councilman "Mattei indicated he would object to a linear park "in this development because of the experience the City has had with the channel on East Washington. Creek. He.also. indicated he is uncertain whether the linear park in Westridge Subdivision.will serve a real recreational purpose;. Councilman Harberson referred to the tentative map and stated by removing lots 41 through 46 - to create'a''park would,eliminate the problems of 'having the park back up onto other properties in the area 'as: it. would: face Casa Ver -de ,Court on one side and Old := Adobe Creek on the other side and -wou.ld make .quite a large area for A park site,. Planning Director Ronald Hall. also stated the Police Department has indicated this arrangement would be'much better for security purposes the department would be able to police the area more adequately. Mr. Hall also stated it would. not be considered a -strip park Mr. Stokes.stated if it.is•the Council's decision to require- a`park they would like .to have some• v.oice as .to where 'and how it is to be located. To require the developer to provide.A 700 -foot frontage without any lots on'it would be very, expensive. Their preference would be to provide the same -amount of land but not the same.amount of street frontage.. The. Area* being discussed comprises about 1.7 .acres and they would prefer t.o dedicat :e 22 acres of land McDowell Blvd. which has to be extended and the developer would not face ad ditional.costs for public improvements. Planning.Direc.tor Ronald Hall :pointed out.South Mc:Dowell.Blvd. is now a` heavily' traveled arterial street; and�when continued "through - to - connect with 'Lakeville Highway, traffic will be .heavier. When it appeared no decision could.be reached on, whether to indicate an.area for a park in the developme u nt or accept in ®lie fees, Mayor Putnam asked if the matter could.not be continued. Mr.. Hall - responded'in the affirmative,'however, Mr. Stokes indicated they would not ; be "able comeback to the City-Council with. -a final map unless they knew whether or not the Council would require a - park.. City Attorney Matthew Hudson suggested the .matter' be referred to the Recreation Commission, - have them send their determination to the.Planning Com- mission an&.the,Planning Commission make a recommendation *to.the City Council. He further.:stated . it appears the Planning Commission did not 'have a firm recom- mendation.f.r-om the Recreation Commission before they made their decision. Mr. Stokes ; pointed out the recommendation from the Planning Commission was for him to meet with..the Recreation Director to discuss the park dedication to determine 1f _.it is necessary and,.if necessary, to determine the location. Further., their: recommendation was: that if &.park is not necessary in this subdivision, the developer shall pay an in -lieu park dedication feel of $8, -534. Mr. Stokes.requested a continuation of the approval of tentative sbdivision map on Casa de.Arroyo Units land 2 until he had had an opportunity to meet with Mr.- Raymond-and discuss the park in the development 391 September 20, 1976 ' TENTATIVE. MAP Councilman Hilligoss asked about the signalization CASA DE, ARROYO 1 system-,at-the intersection of the extension of_McDowell' SUBDIVISION UN.IT.2 Blvd. and Lakeville'Highway... City Engineer David•Young (Continued to explained at this time CALTRANS would not want to October 4, 1976) stall a signal... It is the State's position to allow the (Continued) traffic to generate to make a study of the condition, ''then make determinaton'whether signals are.needed. The last item..to be discussed was'the question - raised by.Councilman Mattei regarding -the abandonment of Old Lakeville Highway. Mr. Stokes advised the road is not.to be eliminated,'but is to'be improved according.to City standards. The City Engineer- stated the road would, however, be blocked off at the.end in order to eliminate the five -way intersection at`Lakeville :Highway, Frates Road and the Old Lakeville`:Highway. Lakeville Highway is regulated at 55 miles per:hour,.at that point goes into a curve-; and to have a'five -leg intersection is a very dangerous condition: No further discussion was held on the tentative map for Casa de Arroyo Unit No. 2, and Mayor Putnam declared the matter continued'to the.meeting of October 4, 1976 APPEAL Councilman'Mattei advised the Council the matter was ��� DR.' LAWRENCE JONAS before them this evening primarily. at his request. RE: CUL -DE -SAC After reflecting on his vote.previously on the matter, he felt he should have agreed with the compromise. suggested by Councilman Harberson at that time and asked whether °or.not..he could revote on the matter. He was advised a revote would not be in order: The matter would-'have to be brought.before the Council again. He emphasized the fact that Dr. Jonas had riot come to see-him to ask him to.change his vote. He.did. have A-discussion with Dr. Jonas shortly after the meeting When the matter -was taken up and indicated to him he felt he should have voted for the.compromis.e. The proposal -being considered.by the Council this is somewhat different than the previous one. He realizes that it still does.not meet.the City Engineer's requirements but felt Halsey Avenue was built many ,years. ago without an adequate turnaround and the extension of the avenue ,would also provid'e> these. residents with an improved water system. In view oft problems:, he'felt that lie should change his vote on this matter. •Councilman.Harberson', the`Council's representative on the Planning Commission, indicate d..ahe. matter had.been by the•Planning Commission. The Com- missiou• ~d'id '.nof feel the design of cul -de -sac was substantially different from the previous - proposal and- sustained :the'City Engineer's recommendations. City Attorney Matthew Hudson.explained the parliamentary procedures:.to be ,taken on the matter. - .The-first is Whether : the. proposal is substantially different, from the one.the:Counci.l previously voted on.. The Planning_ Commission has. indicated at.does not feel is substantially:different, and the matter is... being..appealed_b.y.Dra Jonas The second condition -which might come before the Council.is.whether the matter could be in its previous form. Mr. 'Hudson stated the rule -is that the matter cannot be considered unless at.the same meeting when originally presented, or one week after that meeting.. Mr. Hudson stated the other alternative for the Council would be to state they would desire to suspend the rules.. In this case, a majority vote would be needed to reconsider. the.case. The question on whether the plan would be approved would be another vote and take a majority vote. Mayor asked for comments from the City Engineer.and Young indicated; basically, .the-design.is the same as the one previously presented.' It is still a forked configuration rather than a cul -de -sac: Fire Chief Joe Ellwood indicated the:.hammerhead configuration would require a turning action by emergency vehicles and the 50 -foot cul -de -sac is preferable. City Attorney Matthew Hudson then advised the Council it was their obligation to now determine whether- or.not the new proposal for ~the hammerhead cul -de -sac is substantially diff`erent;"than the proposal. September 20, 1976 APPEAL :", Mayor Putnam then if the applicant''wished to DR. LAWRENCE,JONAS speak. Mr:,Joe Burton,,Engineer"for the applicant,, _ RE: CUL -DE -SAG addressed stating they had redesigned : the (Continued) .: hammerhead.cul -de -sac to provide wider bulbs at the end :. and feel there is sufficient room for emergency vehicles to -turn around although the cul -de -sac is minimal. Mr. Burton.also,stated the ,residents on Halsey Avenue had advised them they have no difficulty in turning around at the end of Halsey Avenue and he feels this additional room,would provide better service for the residents in.the area. G. Roland Bond, a member of the Planning Commission, spoke.to the Council urging` them to.vote against the plan as presented by Dr.. Jonas, and Mr. Bond stated he resented..the.fact that Dr,. Jonas was given the . privilege of reappealing the matter when it had been turned. down twice,.by the Planning Commission and once by the City Council. Mr. B:ond.questioned.if the Council approves the cul -de -sac would.a variance.be.needed.'.City Attorney,Matthew Hudson responded by stating the.requirement would be in the Subdivision. Ordinance, however, it. would be possible to modify the requi_rements the topography or other natural setting requires it and it is no of 'the subdivider.. A motion- denying.the.- .appeal of Dr. Jonas and,declar ng the new proposal, for "a turnaround .is, not...substantially different and upholding the 'decision. of the Planning .Commiss.on.was introduced by Councilman Perry, seconded by Councilman Rilligoss..and.adopted.by four and three negative votes Councilmen Brunner; Cavanagh and Mattei voted "no'% A motion was then made by Councilman Mattei and seconded by Councilman Brunner to suspend.ahe.rules to permit reconsideration.of the appeal of Dr. Larry Jonas - at this time... Motion.failed by three affirmative and four negative votes. Councilmen Harberson,.Hilligoss, Perry and Mayor Putnam voted "no ". " 12.:35 A.M.- Mayor Putnam Vice -Mayor Brunner from the meeting SEPT., 21, 1976 - at this hour._. REQUEST.FOR Planning Director Ronald Hall reviewed the staff. report_ -JOSEPH prepared by-the Planning Department for the Planning �� STREET' 80 BODEGA Commission. Mr. Hall explained Mr. Eaquinta is request - . EAQUINTA, AVENUE . ing a private access to two lots on a . to - provide �Continued_to :` proposed three -lot parcel map at 800 Bodega Avenue. The October 4, 1976) lots range in size from 34,, 400 sq. ft. to 4'3,000 sq. ft. The "property presently. has „a 20 -foot right- of way,, and the request is.for,an additional.30 -foot right -of -way ;to provide -a..50 -foot wide`streeti Mr: Hall stated the Planning Commission took. action. .to..approve`. the. request, however, the problem still remains of too many ingress. and. egress _;points. along Bodega Avenue: Mr. Hall also referred to the study. which:._had.previously been done on. the Bodega Avenue area, and no solution -. has been found . to an orderly manner of providing a circulation pattern in this area,' Mr. Hall indicated ahe.20 -foot right -of -way on the property is a valid. way. .. The .Planning Commission they .:could grant the additional 30- feet,. however, they.-.did feel at a later date If a public . street was needed, the 30 -foot right -of -way could be added to the 50 -foot to make a public street. City "Mana.ger.,:Rob:ert Meyer ,suggested before the Council approves any private streets in the area..that they'attempt` once more to settle the problem. in the Bodega'.Avenue area for prezoning and rezoning. At one point-in tune", the Council was.- nearly ready'.to. adopt one of the proposals for prezoning and, re- zoning. in the area; ..however Mr. Joseph Burton, a: Civil Engineer, requested a delay .to meet-with property-owners and bring back an amended propos..al,to. the .City Council. This has not been received by the City at this time,. Councilman. HArbersoni the= o; on the Planning Commission; . stated.the..applicant.should not be penalized the Council had not been - able to.reach a. decision - on which plan to adopt for the Bodega Avenue study area.. The Planning Commission, ..at meeting of August 17, 1976, made the 393: September 20, 1976 REQUEST FOR PRIVATE Minding that the logical development of -land STREET = JOSEPH `` permits:lots to'be created which are served a private EAQUINTA, 800 BODEGA street. This is'one of the findings required...'. order. AVENUE - to ;permit a private street-: (Continued 'to October 4, 1976)_ In the discussion, it was brought out the street, (Continued) as proposed, would eventually become a public street and should be built this time to meet the standard're- quirements'of the City. Mayor Putnam suggested -the Engineer, Joseph Burton;:be contacted to come back before the Council with the plan he was :going to propose for the area. Community Development and Services Coordinator F.rank'Gray advised the Council the Planning Director had contacted r - Burton, and he does not have a plan -and no'longer has clients in the. area.. At the conclusion of the' discussion, Mayor Putnam requested the matter be =con - tinued to October -4, 1976. AUTHORIZE PURCHASE Ordinance #1226 N.C.S. authorizing real. OF REAL PROPERTY property at 19 Howard'Street, Petaluma, at a price of 19 HOWARD STREET - - $9,250 for the future expansion of City Hall complex was ORD #1226 NCS `introduced by Councilman Perry, seconded by Councilman _ 'Harberson and ordered published by six affirmative. and 1 .absentee votes. AUTHORIZE. MAYOR TO `' Resolution #1527 N.C.S. authorizing the Mayor to sign an SIGN AGREEMENT.FOR agreement for the. purchase of real property (19 Howard F706 PURCHASE':OF :19 HOWARD `:Street) was introduced by Councilman Hilligoss, seconded STREET by Councilman Perry and adopted by -six affirmative and RES #7527 NCS one absentee votes. AMEND PETALUMA Ordinance #1227 N:'C.S. lamend.ing chapter 11.48 of.the MUNICIPAL CODE - Petaluma Municipal Code (stopping loading or un--° CURB MARKING loading) by adding Section 11..48'.085;' Re: B1ue.curb HANDICAPPED PERSONS -marking for physically handicapped persons was intro - ORD #1227 NCS •duced by Councilman Harberson `.seconded by Councilman . Cavanagh and ordered by six affirmative -and one absentee votes.: OPPOSE:CONS.TRUCTION In the discussion preceding the adoption of the reso- _ OF 230. KV_RANSMISSION '` lution, City Mahager Meyer explained to th .T e LINES Council`there'were : alterndte :routes being proposed for RES 7.528 NCS this .transmission line for electrical power generated at the Geysers'to go to the East Bay Area. One of the Y routes, Route "E ", would pass directly through Petaluma. As there.ar.e alternatesi which would bypass.the City and Pacific Gas and Electric Company would - prefer a route..other than Route "E ", the sub bef.ore,,the Council at..this.meeting.. The public hearing. is.to.be held September 28,. and the. ' Planning Commission would the matter at their meeting September 21. The.City Clerk.was requested to read the. resolution.in .its. entirety. Mr. Donald Marquardt, a .representative from,the Pacific Gas and..Electric Company, stated they had no problem with the Council's resolution. They would ask, however, to. have-the .City..recommend_Route. "A'. Mr..Marquardt'.s. request was, denied and Resolution #7528.X.C,S. opposing ,construction of 230'KV transmission. lines through .the.City. of 'Petaluma was ; .introduced • by Councilman.Harberson, seconded by Councilman Perry and adopted by six affirmative and one absentee votes. MODIFY APPROPRIATIONS Copies of the resolution had been previously forwarded /77 ORD #1225 NCS to members of the City Council and it was not discussed - RES X67529 NCS - or read. 7 7 Resolution N.C.S. modifing Appropriations Ordinance X61225 N.C.S. was.introduced by Councilman Harb'erson, seconded by Councilman Perry and adopted by'six - affirmative and - one absentee votes. 3 9.41 September 20, 1976 o AUTHORIZE APPLICATION Resolution authorizing' filing - of application for.local Cj LOCAL PUBLIC .WORKS pdblic works'.capital development.and investment program PROGRAM,FUND,S; DESIG funds and City Manager the official 4 NATE REPRESENTATIVE representative -was introduced by Councilman.Hilligoss, RES 47530 NCS - seconded by Councilman Harbersoii and adopted. by s affirmative and one absentee votes. REMOVE ORD 441221 At this' time Councilman Harberson requested that-the FROM .TABLE ordinance, which. ha& been:table:d July 12, 1976 approving r �( RES 47531 NCS and adopting .the. Redevelopment Plan f or. the :Peta (/ Central Business District..Redevelopment Project, be \ removed from,:the table. Councilman Cavanagh called for a point of. order as to.whether it was proper to discuss the matter at this time. Councilman.Harberson.indicated lie had waited -until the section of the agenda for the consideration of new and unfinished business was completed in order to bring the matter before the.Councl. City Attorney Matthew Hudson this was the proper time if they wished the matter. Councilman Cavanagh- ::.then made.a. statement regarding.the discussion.of the or dinance and-. expressed •some that it had not been 'made an agenda item_. He also._t..elt..that..b.ecause =it was a - major.decision and due to the of the hour,,it should -not be'discus.sed at this....time. Councilman Cavanagh also stated . he felt it.was known as early as the prevous�week.ahe matter would be. brought up for - discussion at.this meeting because of the October l deadline. City-Manager:Robert Meyer stated he did not have the authority to place the item on the :agenda as it was tabled by the City. Council, and, the only. legal . way to bring.it. back before.the Council was for one of the.four - members who voted'on ,the ordinance to request,it be removed from the table. Resolution 17531.N.C.S. removing Ordinance 41221 N.C.S..regarding Redevelopment Plan for the Petaluma Central Business District.Proj:ect Area from the table was introduced by:Councilman Harberson, seconded by. Councilman 'Hilligoss. and adopted, by three affirmative, one negative and one absentee vote. Councilman Mattei. and Perry abstained from voting. Councilman Cavanagh voted "no0 ORD 441221 NCS,,_ -Councilman.Harberson stated there had-been much =discus- AS AMENDED', '.;lion on : the. matter: regarding ..redevelopment and . prin= APPROVING- AND '.. cipally.the.section of the ordinance pertaining to ADOPTINGTHE ... eminent domain. He, suggested the ordinance be amended REDEVELOPMENT PLAN and, published up before the Council. at .a later ORDERED RUBLIS.HED date. when. there would be. ample time for discussioni.' His RES #7532 NCS = suggestion for amending the .ordinance was to a'dd ".a'." sentence to paragraph- f.under. Section 2-to read "Not withstanding the .above,, the power of eminent domain shall, not be exercised. by and is not delegated to the Petaluma Development Commission ".._ Councilman ..Cauanagh...asked whether the, would ' be any possibility 'of changing' the ordinance as.he felt the entire paragraph f under Section 2-should be deleted,. There.was further discussion by Councilman Cavanagh and members of the Council regarding ..additional.:.amendments -and deletions from the ordinance: Councilman Cavanagh the .-ordinance is-to be published ins the -form as . suggested,,he . did not feel he.could vote, for the matter. City Manager - Robert Meyer explained he felt'the ordnance,: been:brought'.before the Council to see.if' some action could be taken `.on; September - 2.7 in case the 'Governor would sign the bills' passed by the.Legislature.which would 'impose new regulations-. Mr. Meyer further stated if Councilman Cavanagh was firm in that under no circumstance would he vote for the matter, it may be a waste of taxpayers' money to republish the ordinance... recommendation then was that the Council not endeavor to adopt the.. ordinance. on 'September 27: Councilman Cavanagh 'indicated the Governor: has not yet signed..the. "Montoya Package" bills, but Mr. Meyer he was anticipating the fact the. Govenor may. sign the bill and the matter was, *back before the. tonight in order to have it, if .possible-:, adopted on the 27 ah. Mr. Meyer further .stated% the, clause added the ordinance> regarding eminent domain was prepared at the suggestion of the City Attorney and the Special.. w: 1` 1 1 ORD #1221 NCS •Counsel Mr. Joseph Coomes. It was their opinion this AS AMENDED,,- ' would eliminate the possibility of comdemnation of APPROVING AND property by the Petaluma Community'Development Commis ADOPTING THE sign. If amendments are required at a later time, REDEVELOPMENT'-PLAN there would be no possibility of adopting the plan ORDERED PUBLISHED before October l as it would have to be republished. RES #7532 NCS. _ (Continued) Mr.. Richard Lieb, Chairman of the Project Area Committee, spoke briefly to the Council stating they had been circulating petitions to endeavor to get the 60 percent of the property owners in favor of the.plan. to sign the petition as had been requested by Councilman Cavanagh at.a previous meeting: As of this date Mr. Lieb stated they have 42 percent. The petition being circulated by the Project Area stated the matter -of the power of eminent domain had been removed from the Petaluma Com- munity Development Commission. Mr. Lieb also stated the Project Area Committee has been working very diligently. It was his opinion there had been no mis leading statements made by members of the Committee and he felt everything -was being.done aboveboard and in the open. Councilman Cavanagh wanted to review various sections of the ordinance; however, Mayor Putnam.felt.since all of the members of the Council did not have a copy of the ordinance before them,, i t would not be proper to go through all the par- agraphs at ,this: time. There was further considerable .discussion regarding the matter and Mr. Meyer made reference to the fact there is a possibility another member of the. Council may be eligible to vote on the ordinance at the next meeting. Mayor..Putnam stated she felt the matter been given ample'attention at this.meeting and asked the City Clerk to call the roll on Resolution #7532 N.C.S. directing republication of Ordinance No. 1221 N.C.S. regarding a Rede- velopment.Plan_for the Central Business District Project Area as amended, in- troduced by Councilman Harberson, seconded by Councilman Hilligoss, and' adopted by three- .affirmative, and one absentee votes. Councilman-Mattei and Councilman Perry abstained from voting. Councilman Cavanagh voted "no ". SIGN FOR'PETALUMA Councilman Hilligoss mentioned the sign which had for- PUBLIC LIBRARY merly been placed at the Kenilworth Little League Park has been vacant.for some time and made the suggestion the masonry holder for the sign contain one which would identify the Petaluma Public Library. City Manager Robert Meyer advised the matter would be handled. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 1:40 a.m., September 21, 1976, to Monday September 27, 1976 at 7:30 p.m.