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HomeMy WebLinkAboutCity Council Minutes 11/15/1976na MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA NOVEMBER 15, 1976 REGULAR MEETING The regular meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at 7:30 p.m. ROLL CALL Present: Councilman Brunner, Cavanagh, Harberson *, Hilligoss, Mattei, Perry and Mayor Putnam. Absent: None. *Councilman Harberson arrived at 7:45 p.m. INVOCATION The Reverend Henry Rankin of the Two Rock Presbyterian Church gave the invocation. PLEDGE OF ALLEGIANCE Webelo Scouts Danny Grorcki, Paul Salisbury and Scott Williams of Pack 74 led the Council and the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of October 26, were approved as corrected. The minutes of November 1, were approved as corrected. The minutes of November 8, were approved as mailed. CONSENT CALENDAR A brief discussion was held on Item #1 on the Consent Calendar, the ABC Application for The Rim, 901 Lake- ville Street. Planning Director Ronald Hall stated although no formal notification has been received by the City, it is his under- standing this application has been withdrawn. A motion was made by Councilman Mattei, seconded by Councilman Perry to file the ABC Applications and adopt the resolutions on the Consent Calendar. Motion carried unanimously. Agenda Item #1 ABC Application, The Rim, 901 Lakeville Street, Victor ABC APPLICATION & Vaili Nagel, on sale eating place was approved. F3 g THE RIM Agenda Item #2 ABC Application, Arthur Behrs, et al, Steel Bear Deli - ABC APPLICATION catessen, 5155 Old Redwood Highway North, off sale beer STEEL BEAR and wine, original was approved. DELICATESSEN Agenda Item #3 ABC Application, Roberta Mae Padgett, 927 Petaluma ABC APPLICATION Boulevard North, original on sale beer and wine, public ROBERTA MAE PADGETT premises was approved. Agenda Item #4 CALL FOR, BIDS- - CHLORINE & SULFUR DIOXIDE RES #7573 NCS Agenda Item #5 REVISIONS TO PERSONNEL CLAS- SIFICATION SYSTEM RES #7574 NCS PUBLIC HEARING AMEND ZONING ORDI- NANCE TO REZONE SOUTHEAST CORNER OF EIGHTH & "F STREETS ORD #1228 NCS (SECOND READING) (DEFEATED) Resolution #7573 N.C.S.-approving specifications for chlorine and sulfur dioxide requirements for City and calling for bids November 24, 1976, was adopted. Resolution #7574 N.C.S. adopting revisions to the personnel classification system was adopted. ** F375 Planning Commission Resolution #Z13 -76 with Exhibits F5 r , 7Z I L " A " and "B" and location map attached submitted and filed. Plans for the proposed project submitted and filed. Staff report dated October 18, 1976, regarding traffic assessment submitted and filed.. Staff report dated October 13, 1976, regarding subject project submitted and filed. Planning Director Ronald F. Hall stated the request was-for rezoning of the southeast corner of Eighth and "F" Streets from an R -1 -6,500 zone to a Planned ,Unit Development. The request had been made by Goltermann, Glazier 'and Hansen. The matter was 4 2 November 15, 1976 PUBLIC HEARING AMEND 'ZONING ORDI NANCE TO REZONE SOUTHEAST CORNER OF EIGHTH & "F" STREETS ORD 41228 NCS (SECOND'READING) (DEFEATED) unanimously approved by the Planning Commission on October 19, 1976, and their Resolution #Z13 -76 .recom- mended approval of the rezoning for this 13 -unit senior citizens' apartment building. Mr. Hall stated there was limited testimony given at the Planning Commission hearing, however, one letter had been received after the hearing of the Planning Commission and, therefore, was not entered into testimony at the hearing. (Continued) In the ensuing discussion, Vice -Mayor Brunner pointed out the staff report of October 13, 1976, justified the density for this prop.osed:PUD of 22 units per acre by including McNear Park or public lands in the calculations to arrive at a net two units per acre for the block bounded by Eighth Street,, "F" - Street, "G" Street and Eleventh Street. Mr. Brunner stated if this logic is permitted for this development he felt Qantas Development Company should be able to include Lucchesi Park in their density calculations and, citing a former development, Young America Homes had requested the inclusion of La Terce.ra Park to permit a higher density for residential units in the area. A general discussion followed on the proposed density for the project and if the Council approved the rezoning, would they also, in fact, be approving this specific development? Mr. Hall responded by stating the rezoning is for 'a Planned Unit Development which :implies a specific development would be brought before the Council. The Council would be making a commitment for the develop- ment if they approved the rezoning. Mayor Putnam asked Councilman Harberson, the Council's representative on the Planning Commission, if the Commission had considered the matter of density when they discussed the project. Mr. Harberson stated the Commission did not discuss density. They felt the project was an excellent replacement for a former commercial use on the site, and the Commission was happy to 'see some housing for the elderly being proposed. A question was raised whether or not this would constitute "spot zoning" and whether or not it would be legal. City Attorney Matthew Hudson responded by stating, in his opinion, this was a proper use for a Planned Unit Development. It may be a marginal use, but he feels it fits well within the intention and spirit of the PUD ordinance. Another point of discussion was whether or not the City could be assured the proposal would remain as housing for senior citizens. Mr. Hall stated there could be deed restrictions established as far as age levels are concerned. The only other instrument'the City could use would be contract zoning. This would require a change in the ordinance to include this type of zoning. Mayor Putnam then opened the public hearing. Mr. Kenneth Wightman, 8 Coady Court, indicated he had reviewed the plans for the project, felt they were well done, and that the builder has a good repu- tation. He did object to the project, however, on the basis it may change from housing for senior citizens to just an apartment complex. While the 13 units and nine parking spaces would probably be adequate for senior housing, he felt the complex would need many more parking spaces if the development became an apartment complex with no restrictions: Mr. Wightman stated placing an 'apart- ment complex in this area would be planting the seeds of decay for the neigh- borhood. He asked the Council to consider the project on the basis of what it may become in later years. Next to address Council was Mr. Jim McCaffrey, 10 Coady Court. He objected to the project because it constituted "spot zoning" and would set a precedent for future "spot zoned" developments. Mr. McCaffrey felt this - development would break down the integrity of the. General.Plan. He stated the area sur- rounding McNear Park. should`remain, zoned for single - family residences. He also indicated some concern about the increase in traffic the development would generate. Next to address the Council was Mr. Richard Lieb, Architect for, the development and speaking on behalf of the developers, Goltermann, Glazier and Hansen. Mr. Lieb stated he wanted to clear some matters which had been discussed at the meeting this evening. First, the plan calls for 13 units for which there would be 13 parking spaces. There are no amenities built into the project which would be attractive to families with children, such as -play areas, etc. The development has a 25 -foot setback on Eighth Street and a 20 -foot setback on "F" 1 1 1 November 15, 1976 PUBLIC HEARING AMEND ZONING ORDI NANCE TO. REZONE SOUTHEAST CORNER ° OF EIGHTH & "F" STREETS ORD #1228 NCS (SECOND READING) (DEFEATED) . (Continued) 443 Street which would be landscaped. The center of the development has a court yard. Mr. Lieb stated he felt by replacing the former market with this development would generate less traffic in the area. The traffic study the developer was required to make indicated the project would not be a big contributor to additional traffic. In addition, the former use created a great deal of litter in the area which would be eliminated or greatly reduced. At the conclusion of Mr. Lieb's'testimony, several questions were asked of him. Councilman Perry asked if this development did not meet the Council's approval, is there another area which could be considered for such a project? Mr. Lieb responded by stating there was very little land available in the City zoned for multiple units. When asked by Councilman Cavanagh who would retain ownership and responsibility for the development, Mr. Lieb indicated Goltermann, Glazier and Hansen would retain posession of the development and administer its operation. Next entered into testimony was a letter received by the Planning Director October 20, 1976, from Mr. and Mrs. David Lobdell, 417 Eighth Street. Mr. and Mrs. Lobdell objected to the location of the proposed project because they felt the noise problem at McNear Park would be annoying for the dwellers in such units. The letter was read by the City Clerk and is on file. Mayor Putnam o then closed the.public hearing and asked the City Clerk-to read the title of the ordinance. Before a vote was taken on the ordinance, there was some discussion regarding deed restrictions and when they would be placed on the development. City Attorney Matthew Hudson advised the deed restrictions could be required when application is made for a building permit. Mr.. Hudson said there are a number of ways to accomplish the deed restrictions Planning Direc- tor Ronald Hall also stated .there is a provision in State law which allows for contract zoning. Mr. Hall felt the Council would.have.to make a motion to include contract zoning to assure the tenants would be 55 years of age or over. After further discussion, the following vote was recorded. "Aye" votes in- cluded Councilman Mattei, Councilman Perry and Mayor Putnam. "No" votes: Vice -Mayor Brunner, Councilman Cavanagh, Councilman Harberson and Councilman Hilligoss. The ordinance was then declared defeated by three affirmative and four negative votes. AMEND ZONING ORDI- Planning Director Ronald Hall explained the proposed NANCE SECTION 2,4 -600 ordinance would.allow the Zoning Administrator (Plan- F5 ORD #1229 NCS ning Director) to grant lot coverage variances not (SECOND READING.) limited to.five percent in excess of the lot coverage allowed. It is particularly adaptable to the downtown area where there are parking provisions outside of the properties in question. Mr. Hall stated if there was an immediate need in the downtown area to rebuild,a structure which, for instance, may have been destroyed by fire, the Zoning Administrator could issue a variance without the Council having to spend additional time to•consider the matter. If problems should arise, the Zoning Administrator would take the issue to the Planning Commission, however, if there was no testimony from the general public, this could be an administrative act. City Attorney Matthew Hudson indicated this does not change the rules in any of how a variance is granted or determine if it should be granted. It is merely a delegation of the existing power of the Council to the Planning Director in order to remove some of the administrative burden from the Council. Mayor Putnam opened the public hearing. No comments were received from the floor and none had been received by the City Clerk and the public hearing was closed. Ordinance #1229 N.C.S. amending Section 24 -600 of Zoning Ordinance #1072 N.C.S. was adopted by seven affirmative votes. AWARD CONTRACT Only one bid had been received for the repair of the "/0 REPAIR INGERSOLL /RAND AIR COMPRESSOR RES 47575 NCS April of 1967, before CAL /OSHA standards were imposed. They indicated they could not assume responsibility for repairing the compressor beyond its original Ingersoll/ Rand .Air Compressor which is dismantled and at the Water Pollution Control Plant. Christie Machine Works, in response to a telephone conversation regard- ing compliance with CAL / "OSHA requirements as outlined in the General Provisions of Specification No. 40, indicated the compressor was shipped to the .City in 1! I; 1. F� C F 6b6 November 15, 1976 AWARD CONTRACT condition. Mr. Fred Schoeneweis indicated,before the REPAIR equipment had been dismantled CAL /OSHA had viewed it at INGERSOLL /RAND the plant and issued no complaints on the equipment. AIR COMPRESSOR The recommendation from the Finance Director dated RES 9f7575 NCS November 10, 1976, submitted to the Council,, recommends ° (Continued) awarding the bid to Christie Machine Works in the amount of $8,602.62. When questioned regarding -the cost of a new compressor, Mr. Schoeneweis indicated to duplicate this particular type of compressor would cost about $3;5,000. At the conclusion of the discussion, resolution #7575 N.C.S. awarding contract for repairs of Ingersoll /Rand Air. Compressor for the Water Pollution Contxol Yacili- ty to Christie Machine Works, San Francisco, California, in the amount of $8,6.02.62 was introduced by Councilman Mattei, seconded by Councilman Perry and adopted by seven affirmative votes. RECESS Mayor.Putnam called a recess at 9:08 p.m. and the Council reconvened at 9:15 p.m. APPROVE INSTALLATION Mr. Dennis W. Pooler, 516 Walnut Street, spoke to the OF EL CAMINO REAL Council regarding the installation of an El Camino.R'eal MISSION BELL Mission Bell in Center Park. Mr. Pooler advised he had written to Dr. Knox Mellon the Executive Secretary of the State Historical Resources Commission at the State Department of Parks and Recreation. in September, 1976. Along with his letter he had sent documentation prepared by local historian, Ed Mannon, which indi- cated Petaluma was along the trail of the Padres as they f ounded, and built California's historic missions. The research provided by Mr. Mannion indicated the Padres came through Petaluma and went out as far as Willowbrook in order to cross the headlands of the waterway on their way to Sonoma where the last mission was established. Mr. Pooler Tread a letter dated October 13, 197`6, from Dr. Knox Mellon, a copy of which is on file with the City Clerk. In addition, he read a letter from Mr. Stuart Nixon, General Manager of Redwood Empire Association, assuring Mr. Pooler the mission bell which the Redwood Empire Association has in storage is.availabie for installation in the City of Petaluma. Mr. Pooler stated he felt this would be an ideal way to climax Petaluma's Bicentennial year. At the conclusion of the discussion,, Councilman.Mat_tei made a motion that the City accept the bell, the details for the installation be worked out with the City Manager and that the bell be placed in Center Park. Councilman Hilligoss seconded the motion which carried unanimously. LETTER S,ONOMA A letter dated November 5, 1976, from Robert A. Mag COUNTY JUNIOR giora,.Dean of Business Services, Sonoma County Junior COLLEGE DISTRICT College District, was not read by the City Clerk, but RE REDEVELOPMENT is on file. Mr. John Scharer the Finance Director, recapped the letter for the .City Counc lc.e.:Mt. - : Scharer indicated the letter was a result of an article which appeared in the Santa Rosa Press Democrat stating school districts would lose little if any because of the state tax. "leveling" laws keyed to a "revenue limit" system. The Board of Trustees wanted to point out to the City Council community college financing is directly affected.when- ever any property values are frozen or removed from the tax rolls. Mr Scharer stated Mr. Maggiora wanted to point out to the Council they were not involved with the leveling law. Mr. Scharer indicated he had done a.preliminary esti- mate of the financial impact on the Sonoma County Junior College Dis trict and, based on the information available, it would amount to approximately $2,837 per year. STATUS REPORT PETALUMA HISTORIC A letter dated November 8, 1976, from Dan Peterson RESOURCES SURVEY outlining the status of the Petaluma Historic Resources \' Survey had been distributed to the members of the City V Council, was not read by the City Clerk, but is on file. Community Development and Services Coordinator Frank Gray reviewed the letter for the Council stating the Committee., which meets. weekly in the City Hall, had compiled a list of 250 representative building types, styles and periods present in Petaluma on which they would do further in depth study. The target date for presenting a com- pleted project to the City Council is January 1, 1977. CITY MANAGER'S. REPORTS In the absence of the City Manager and the Assistant City Manager, Finance Director John Scharer acted as City Manager. November 15, 1976 CITY MANAGER'S REPORTS CLAIMS & BILLS RES #7576 NCS Finance Director John glossary of terms used them. Resolution , #7576 N..C.S. approving claims and bills #797 to #904, inclusive, General City; and., #129 to $141, inclusive, Water,..was introduced by Councilman Har- berson, seconded by 'Councilman Mattei and adopted by seven affirmative votes. Scharer advised the Council he would present them with a in claims listings for their convenience in interpreting SONOMA COUNTY Finance Director John Scharer reminded the Council they WATER AGENCY'S had passed a resolution urging the Sonoma County Water "J3 ADMINISTRATION & Agency to take certain ac - tion to proceed with the / OPERATION CENTER construction of the Water Agency administration and operation center. Mr. Tom Wilson, Petaluma's Director of Water Utility Operations, had attended the Board meeting November 8 when the matter was discussed. The Board of Supervisors has taken the action to include this project as one of those in their application for Federal Public Works Act funds and they are going to take a "wait and see" stand until they receive a response on these funds. City Engineer David Young also reported Mr. John Nelson attended the meeting and in his report to Mr. Young he stated only two of the Supervisors gave their reasons for postponing the action.. Supervisor DeLong was in favor of the the Sonoma County Water Agency'.s building being included in the Federal Grant, but if the funds were not available he would be in favor of going ahead with the project. On the other hand, Supervisor Theiller favored the Federal Grant approach, but if the funds were not available he still wanted the Sonoma County Water Agency facility to be a part.of the overall Sonoma County building project. Mr. Young stated the County will not be receiving their answer on.the Federal Grants until the latter part of December. It would. appear it will be the future Board of-Supervisors, which will seat two new members in January, who will be taking action on the matter. REPORT ON HOUSING Ms. Janie Warman, Project Manager of the Petaluma c� PROGRAM Community Development Commission, gave a status repor on the Section 8 Housing Subsidy Rental Program. She stated this is the program where the individual seeks their own housing and the Sonoma County Housing Authority pays the landlord the difference between the 25 percent of that person's income and the amount charged for rent. Originally, Petaluma was informed.35 units would be available. To date, only one lease -has been signed and only eight individual applicants have been certified to look for housing units. There are 60 people still waiting. Ms. Warman stated there are two reasons for these low figures. One is the low vacancy rate in Petaluma, which is 3.9:percent, and the second reason is the rentals found in Petaluma are above the fair market value. The rental struc- ture in Petaluma is higher than other.par'ts of Sonoma County because of its proximity to San Francisco. Ms. Warman indicated the Federal officials have asked the Housing Authority to continue the program for another 60 days and if the quotas still cannot be met, they would give some consideration to permit an increase in the rental value limits. She also advised she had learned today the Park Lane Apartments can be used up to a maximum of 35 units. She stated, however, these units will probably be used by individuals or families already residing in the Park Lane Apartments. Ms. Warman also indicated there are some people living in the apartments who are now paying up to 60 percent of their income for housing and even though they are under another program they would still be eligible for assistance under the Section 1 8 funds. Originally, the Park Lane Apartments' developer received a low - interest loan to build the complex. Ms. Warman reviewed the fair market rentals as •established by HUD. One of the difficulties in locating eligible housing arises because.the schedule set forth by HUD includes utilities, except for telephones. To cite an example, a two bedroom apartment under HUD's schedule should be $209, in utilities except telephone, whereas most two bedroom rental units in Petaluma start at about $225. This fact., coupled with the low vacancy rate in Petaluma makes it difficult for eligible personsoto find suitable housing. 4 4 6 November 15, 1976 COUNCIL REPORTS PROHIBIT TRUCK Councilman Cavanagh, the Council's representative on TRAFFIC- -FIFTH the Traffic Committee, reported on the action taken by STREET that Committee at their meeting of October 12. The RES #7577 NCS petition containing 13 signatures asking to have commercial vehicular traffic banned on Fifth Street for one block of Keller S,treet, and from Western Avenue to "D" Street had been received by the Committee. Traffic had previously been prohibited on Sixth Street and traffic was now diverting to Fifth Street. The Traffic Committee realized banning traffic on Fifth Street was not a solution to the problem as truck routes need to be established in the community, how- ever, they recommended this action be taken. Two residents in the area gave testimony at the meeting. Mr. Ed Fratini who resides at the corner of Fifth ,and "D" Streets, spoke to the Council opposing such action. He felt since Petaluma was an agriculturally - oriented community, the agribusiness needed to be served. Milk has to be shipped to and from the creamery and feed has to be delivered. He felt rerouting the truck traffic from place to place doesn't solve the problem. Mrs. Bridget Palmer who resides at 100 Fifth .Street, also spoke to the Council stating their purpose in the petition was to ask for a temporary solution to their problem. She favored having.the trucks banned on Fifth Street. The street is not heavily used during the day time, but during the night and early morning hours there is very heavy truck traffic on Fifth Street. There was some discussion regarding the steps necessary to institute truck routes within the City. City Engineer David Young indicated there are several alternatives, however, none would be the complete solution to the problem.- He advised a tentative arrangement has been worked:out with Bar Ale Company to use Copeland Street to Washington Street then on to Howard and across to Western Avenue for their feed delivery trucks. The proposed truck route to use Lake- ville Street thence onto Petaluma Boulevard North cannot be resolved until some agreement is arrived at for removing parking to.accommodate the signal system at the corner of Lakeville Street and Petaluma Boulevard North. In order to do this some off- street parking must be provided. The Council had discussed this at a previous meeting, and it was his understanding that some of the property .owners, and the Chamber of Commerce were to meet and bring suggestions back to the City Council. Mayor Putnam :stated anything the Council would do at this meeting would be an interim measure until truck routes for the City could be outlined. At the conclusion of the discussion, Resolution #7577 N.C.S. prohibiting commercial vehicles on Fifth. Street (including Keller Street) between Western Avenue and "D" Street was introduced by Councilman Perry, seconded.by Councilman Cavanagh and adopted by seven affirmative votes. TRAFFIC COMMITTEE City Attorney Matthew Hudson advised about one -half of REPORTS the business handled by the Traffic Committee was concerned with.complaints. The Committee determined these should be turned over to the appropriate depart- ments and not come before the Traffic Committee to be resolved. Most of the complaints centered around speeding on various streets which would be handled by the Police Department. The Committee also responded to the request of Baji Mavalwalla, the student at Grant School who had appeared be -fore the City Council asking for control of speeding cars on Grant Avenue. The matter was resolved at the Traffic Com- mittee level by having radar - controlled speed instituted on Grant Avenue. Mr. Hudson advised Mr. Dan Libarle of the Lace House Laundry, had requested an extension of the loading zone on Liberty Street to accommodate his place of business and Food City Supe'rmark'et for loading and unloading. At the present time, there. are four parking meters in the area which they would l'i'ke to have removed in -order to accommodate the large trucks serving both of these busi= nesses. The Council delayed act -ion on the matter until they had an opportunity to visit the site and review the matter. 1 1 1 Mr. Hudson also stated there had been a request to change the time limit for loading.,and unloading trucks from 20 minutes to 30 minutes In the yellow zones. Mr. Hudson was instructed to prepare an ordinance for the Council's consideration. November 15, 1976 0. , I MEETING WITH Vice -Mayor Brunner reported on the meeting held with V61 DEPARTMENT OF DNOD officials November 5, 1976; at the California NAVIGATION & Marine Parks and Harbors Association meeting. Mr. OCEAN DEVELOPMENT Brunner advised'Councilnian Hiilligoss, Councilman OFFICIALS Mattei, Frank Gray and he`had an opportunity to in- formally talk with Bill Satow of the Department of Navigation and Ocean Development. Essentially, Mr. Satow reiterated DNOD's position as far as the City's marina project is con- cerned. Mr. Brunner stated a suggestion was made to have the City explore other avenues of funding in lieu of seeking 107 Funds. This would be to con- tact the Public Works Committee of the House of Representatives, our District Congressman Don Clausen serves as Vice - Chairman on the Committee of Public Works. Mr. Satow felt the City would be in a very good position to pursue this other avenue for funds through our Congressman. He further suggested the City either pursue the 107 Grant or the grant from the Public Works Committee, but not try to have both projects going at the same time as the Corps of Engineers would be responsible for preparing the data and presenting it to the Public Works Committee. Mayor Putnam appointed Vice -Mayor Brunner as Chairman and Councilmen Cavanagh and Hilligoss as committee members to work on this project and meet with Congressman Clausen's representative Gordon Tippit and at some future time and with Congressman Clausen when he is in the area in the latter part of November or early in December. STATUS REPORT Mayor Putnam distributed copies of this report and OLD LIBRARY asked the matter to be scheduled for Council study at a future date. STATUS REPORT Community Development and Services Coordinator Frank 1 ��� TURNING BASIN Gray reported on meetings the staff attended with V t just one agency has sole jurisdiction. Other agencies Mr. Gray also reported he had met with several of the fishermen who were now using the turning basin to moor their vessels. Problems were discussed and it was agreed they should be mutually resolved. Future meetings are scheduled when items to be incorporated into an ordinance will be discussed. Some of these include speed on the river, length of stay in the basin, blocking of the City floats and waste discharge into the river. Mr. Gray also advised the Council a letter had been received from one of the fishermen, Mr. Arleigh M. Gray, copies of which had been distributed to the City Council. The letter was not read by the City Clerk, but is on file. ADDITIONAL LIGHTING -- At a prior Council meeting, Public Works Superintendent McNEAR PARK -MOTION Roy Kelly had been asked to report back to the Council �02 TO APPROVE on the cost for upgrading the lighting at McNear Park. / The Pacific Gas and Electric Company had done a survey of the park at Mr. Kelly's request, and submitted a proposal dated November 9, 1976, which is on file with the City Clerk. Mr. Kelly stated the area under consideration is from the westerly side of the hardball field to Eleventh Street;. The recommendation from P.G.& E. to place the.: lights centered in the area where the trees .make it extremely dark. Five lights of the mercury vapor luminaire type are proposed to be installed as well as upgrading the 'three incandescent lamps presently installed in the park to mercury vapor lights. Mr. Kelly stated there are three lamps in the park plus two large lights on either side of the tennis courts. The five lights which P.G.& E. would own and maintain would cost $765 to install. The City would do the majority of the labor to install the wiring underground. Mr. Kelly further stated it would take about $250 to upgrade the present incandescent lamps to mercury vapor, $85 for the materials to do the undergrounding and $100 to add a light to the tennis court area, or a total of approximately $1,20.0 to have 12 lights in this four -acre park. This would equal the ratio of lighting in La Tercera and Miwok Parks which. are two and one -half acres and presently have seven lights. The cost for electricity for the additional lighting would be $336.90 per year. Mr. Kelly stated Mr. Pratt of P.G.& E. was concerned because the incandescent lamps use more voltage than the mercury vapor lights and by converting the older lights to mercury vapor some energy costs could be reduced. Mr. Kelly stated the $336.90 would have to be added to his annual budget for the additional lighting costs in .McNear Park. He also stated P.G.& E. would representatives from the Federal, State and other governmental agencies regarding the status of the turning basin. It was determined the City has jurisdiction over the turning basin; however, no would help enforce the regulations the local agency adopts for the general welfare and health of the citizens. CI 4 8 November 15, 1976 ADDITIONAL LIGHTING -- not be able to install the new lamps until sometime McNEAR PARK - MOTION during the summer, however, the present incandescent TO APPROVE lamps could be upgraded.at any time. At the conclusion (Continued) of Mr. Kelly's report, a motion was made by Councilman Mattei, seconded.by Vice -Mayor Brunner approving the lighting project for McNear Park and transferring the funds from reserve for contingencies. Motion carried unanimously. APPROVE REVISION Planning Director Ronald Hall exp,lained.the request (� TENTATIVE SUB before the City Council.is to change Condition #5'of DIVISION MAP the tentative subdivision map approved by the Council \ S & M CONSTRUCTION on June 7, 1976, for- Pachec'o,.S & M Construction 303 GRANT AVENUE Company. This condition required an 18 percent grade RES #7578 NCS on lots four and five of the subdivision. Mr. Pacheco indicated to Mr. Hall he would have protested, this condition at the June meeting, but overlooked the fact. The staff has reviewed the matter and found it would cause no difficulty. This particular subdivision has a topography along the streets which varies in percentage of grade from seven percent to 18 percent, thus creating an impact of only 11 percent. When asked. by Councilman Cavanagh if it would cause problems for public safety equipment, Mr. 'Hall stated it will probably be a better situation because there will be a flat area at the top of the grade. Planning Commission Resolution #26 -26 recommending approval of the amendment to the tentative map adopted by the Planning Commission November 2., 1976, sub- mitted and filed.. Excerpts of the Planning Commis-sion meeting November 2, 1976, submitted and filed. Staff report dated October 28,. 1976 from the Planning Department to the Planning Commission on the subject amendment., submitted and filed. Resolution #7578 N.C.S. amending Resolution #7410 N.C.S. regarding tentative subdivision map for S & M Construction., 303 Grant Avenue - (Manuel Pacheco) was introduced by Councilman Perry, seconded by Vice-Mayor Brunner and adopted by seven affirmative votes. REPORT ON PUBLIC Planning Director Ronald Hall advised the Council he HEARING = -- PROPOSED had attended the public hearing November 8,,1976, REVISIONS TO STATE regarding- the State 'Department of Housing and. Community HOUSING ELEMENT Development's proposed revision of the.State Housing. GUIDELINES Element Guidelines. Mr. Hall reviewed his memorandum dated November 11, 1976, forwarded to the City- Manager, a copy of which is on file with the City Clerk. Mr. Hall.stated much of the testimony given at the-hearing opposed the proposal by the Department of Housing and Community Development. Many ,concerns were raised regarding the cost of the proposal and the voluminous amount of data which would have to be collected. In addition,.Mr. Hall stated rather than guide- lines, the proposal appeared to be a mandate. He felt the original document would be amended and he and his staff will continue to monitor the proposals from the State Department of Housing and Community Development. There was some discussion regarding "K" Street and whether or not it would be =, at some future date,.extendedand improved. City Engineer 'David Young advised there is a street there now, but it is only partially improved. He is un- certain whet her it would be extended through to Fifth Street. Mr. Young stated it had been the decision of the staff not to require the placement of public improvements if a lot split had occurred before April 17, 1950- Resolution #7579 N.C.S. approving Certificate of Compliance ('80'0 Petaluma Boulevard South - Fredericks) was introduced by Councilman`Hilligoss, seconded by Councilman Harberson and adopted by six affirmative votes. Councilman Mattei abstained from voting stating that he had a relationship in this par- ticular item. APPROVE CERT- IFICATE Planning Di "rector Ronald Hall explained the request for OF COMPLIANCE, 800 a Certificate of Compliance for property located at 800 PETALUMA- BOULEVARD Petaluma Boulevard South, A.P. #8- 313 -16, had-been _. ,_ SOUTH-- FREDERCKS submitted by Mr. Harvey :Kendall on behalf of Mr. Owen RES #7579 NCS Fredericks. The building houses a .retail furniture store. Mr. Hall stated Certificates of Compliance will be more numerous than in the past because title com- panies are referring these to cities and counties, in order to determine if parcels are legal or not. The property in question was created prior to April 17, 1950, when•Petaluma adopted its first subdivision ordinance,. There was some discussion regarding "K" Street and whether or not it would be =, at some future date,.extendedand improved. City Engineer 'David Young advised there is a street there now, but it is only partially improved. He is un- certain whet her it would be extended through to Fifth Street. Mr. Young stated it had been the decision of the staff not to require the placement of public improvements if a lot split had occurred before April 17, 1950- Resolution #7579 N.C.S. approving Certificate of Compliance ('80'0 Petaluma Boulevard South - Fredericks) was introduced by Councilman`Hilligoss, seconded by Councilman Harberson and adopted by six affirmative votes. Councilman Mattei abstained from voting stating that he had a relationship in this par- ticular item. November 15, 1976 BREACH DIKES AT City Engineer David Young advised the Council he had WATER POLLUTION received a telephone call earlier in the week from the FqS7 CONTROL FACILITIES United States Fish and Wildlife Service regarding the' RES #7580 NCS status of the dike breaching on the Petaluma River. Mr. Young stated this was one of the special conditions placed on the Corps of Engineers' permit for the oxidation pond construction. The City was required to breach the River dike and restore approximately 80 acres to marshland. This permit expires on August 16, 1977, and the work has to be accomplished prior to that date in order to have the City qualify under the state and federal grant. The actual breaching work would have to be done either in May, June, or July of 1977. Accordingly, Mr. Young stated he would recommend the Project Engineers, CDM, Inc., be authorized to prepare the,plans and specifications for breaching the dikes. There was discussion regarding the possibility of the City being reimbursed for the 80 acres which would have to revert to marshland. Councilman Mattei felt the United States Legislators should be contacted to determine if some type of repayment to the City was not available for the land which the City had to purchase and would revert to marshland and not under the City's control. City Engineer David Young recalled at one time, the fish and wildlife people had contacted the City Manager and indicated they would be willing to explore the possibilities of buying land where dikes had previously been breached and the land reverted to marshland. At the conclusion of the discussion, Mayor Putnam asked that the alternatives be explored, i.e., the matter of inverse condemnation, researching whether or not the United States Fish and Wildlife Service would purchase the land and also, to follow through on Mr. Mattei's suggestion to have the Fish and Wild- life Service pay for the construction and engineering costs for breaching the dikes. Resolution #7580 N.C.S. authorizing CDM, Inc., to prepare plans and specifi- cations for breaching dikes at Water Pollution Control Facilities - 1972 Project was introduced by Councilman Hilligoss, seconded by Councilman Harber- son and adopted by five affirmative and two negative votes. Councilman Mattei and Councilman Perry voted no. REPORT- City Engineer David Young advised, at the direction of V C9, `.-� CALIFORNIA the City Council, he had attended the hearing of the OC TRANSPORTATION PLAN State Transportation Board in Oakland on September 8, at POLICY ELEMENT Bart Headquarters. The hearing was well attended and had been given a great deal of publicity in the Oakland Tribune over the weekend prior to the hearing. As a result of the publicity given to the hearing, approximately 60 organizations wanted to testify. Mr. Young stated Mr. William Lucius of Healdsburg, Chairman of the Transportation Board, chaired the meeting and some of the points brought out at the meeting were as follows: 1.) The League of Women Voters endorsed the plan in general,.however, they did have some reservations about some minor points; 2) The Sierra Club appeared to support the plan in concept and com- mended the Board, however, they did feel the public should have been drawn into it at an earlier stage; 3) Mr. Young stated a businessman in the transportation field who owns a trucking line which traverses from Alaska to Florida spoke before the hearing and gave the impression that the trucking industry was opposed to the plan. Mr. Young further stated, although it was not brought out at this particular hearing, from reports he had read the rural community is voicing some objections to the plan as it appears to ignore the plight rural California, but only addresses urban problems. INCREASE COVERAGE -- A memorandum dated November 5, 1976, directed to City / ERRORS AND OMISSIONS Manager Robert Meyer from Finance Director John Scharer POLICY explained the present limits under the City's errors RES #7581 NCS and omissions policy and the cost for adding additional coverage to the policy. The memorandum is on file with the City Clerk. After a brief discussion on the matter, Resolution #7581 N.C.S. authorizing and approving increase in coverage under errors and omissions policy was introduced by Councilman Perry, seconded by Councilman Harberson and adopted by seven affirmative votes. AMEND ZONING ORDI- Ordinance 41230 N.C.S. suspending time for abatement of NANCE TO CHANGE TIME certain signs and outdoor advertising structures was FOR ABATEMENT ON adopted by seven affirmative votes. Effective date of �f SIGNS & OUTDOOR ordinance, December 15, 1976. ADVERTISING STRUCTURES ORD 41230 NCS - (SECOND READING) 450 November 15, 1976 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:32 p.m., to November 22,- 1976, at 7:30 p.m., for the purpose of a study session. 1 Mayor Attest; City Cle 1