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Home My WebLink AboutMinutes 09/23/1974271 MINUTES OF MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA September 23, 1974 Council Meeting Special meeting of the City Council of the City of Petaluma was called to order by Mayor_. Putnam at 7:30 p.m. Attendance Present: Councilmen Brunner, Cavanagh, Jr., Harberson, Mattei, Perry, Jr., and Mayor Putnam. Absent: Councilman Daly. Notice of Notice of the:Special Meeting called for the Call September 23, 1974, a certificate of the City Clerk of the delivery of said notice and the consent of the City Council�of holding said meeting, submitted and filed. Purpose of The meeting was called to "consider and act on Meeting the following: The adoption of Ordinance 41161 N.C.S. amending Ordinance #1154 N.C.S. calling a Special Municipal Bond Election in the City of Petaluma; and, approve occupancy of apartments in the newly developed, but uncompleted Greenbriar Subdivision. Special Ordinance #1161 N.C.S. amending Ordinance Municipal Bond #1154:.N.C.S. calling for a Special Municipal Election, Amend Bond Election in the City of Petaluma was. _ Ord #1154 NCS adopted by 6 affirmative votes, 1 absentee, - Ord #1161 NCS as follows: (Second Reading) INTRODUCED BY.COUNCILMAN SECONDED.BY COUNCILMAN John W. Cavanagh, Jr. Robert E. Daly ORDINANCE NO. 1161 N.C.S. AN ORDINANCE AMENDING ORDINANCE NO. 1154 N._C.S. CALLING A SPECIAL MUNICIPAL BOND'ELECTION IN THE CITY OF PETALUMA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: SECTION 1 . Ordinance No. 1154 N.C.S. passed and adopted on August 19, 1974, and entitled "AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND ELECTION IN THE CITY OF PETALUMA FOR THE PURPOSE OF SUBMITTING TO THE'ELECTORS OF SAID CITY THE MEASURE OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE.ACQUISITION, CONSTRUCTION'AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVEMENT,. TO WIT: PARK AND RECREATION IMPROVEMENTS; DE- CLARING THE ESTIMATED COST OF SAID MUNICIPAL IMPROVEMENT, THE AMOUNT OF THE PRINCIPAL OF SAID INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON; MAKING PROVISION FOR THE LEVY AND COLLECTION OF TAXES; FIXING THE DATE OF SAID ELECTION AND THE MANNER OF HOLDING THE SAME AND PROVIDING FOR NOTICE THEREOF" is hereby amended by amending Section 3 thereof to read as follows: 272 September 23, 1974 Ordinance #1161 N.C.S. (c6Htihtbd) " SECTI.ON 3 . The Council proposes to issue and,sell.. bonds of the City for the-objects and. purposes, but not exceeding the amount, specified in said measure -if two - thirds of the quali- fied electors voting on said measure at said special municipal bond election. shall vote..in favor of said_ measure. Said bonds shall.be. negotiable in form and of the character known as serial, and shall bear interest at a rate not to exceed.eight percent (80) per annum, payable semiannually (except that interest for the first year after the date of said bonds may be made. payable at .or before .the . end of said year), Provis.ion .is hereby_ made for the _payment of .the principal of. and interest on said bonds as follows: At the time of making the general tax -levy after incurring the bonded.indebtedness, and annually thereafter .until the bonds. are paid_ or until there is a sum in the treasury set apart for that purpose sufficient to meet all payments of pr.incipal.and. interest -on the bonds as they become due, the Council shall levy and. collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds -of_. a tax_ levied at the next general tax levy will be available; provided., however, that if said bonds. -are authorized to be issued at.said election, and it is.expected- -tha.t all or any part of said bonds will be sold at such time_ that. the_ princi,pal..of. or -interest . on such bonds will become due before the proceeds of a tax levied after such sale would be available to pay such principal or interest, the Council, at the time.of fixing-the annual tax..levy,.may levy a tax in an amount clearly sufficient .to.pay...that portion of the principal of and interest - on.said bonds -which it is expected will be.come.d.ue before the,preceeds•of. the next succeeding.tax levy will be available. If the earliest maturity of the bonds is more -than one year after the date of issuance, the Council shall._.levy - and ' collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for the payment,of the principal on or before maturity. Such taxes'-shall be levied and collected as other City taxes and shall.be in addition to all other taxes and shall be used only for payment of. -the bonds and the interest thereon." SECTION 2 . The City the City is hereby directed, upon the - passage and adoption of this ordinance, to. publish the same once a day for seven (7) days in the Petaluma.Argus- Courier, which is a newspaper of general circulation piublished at least six (6) days a week in the City. SECTION 3 . - This ordinance shall be forthwith entered upon the minutes of the Council and in the Ordinance Book of the'' City.. This Ordinance, being an ordinance amending an= ordinance calling and ordering an election, shall- take effect from - and -.. - after its final adoption. ORDERED PUBLISHED on this 16th day of September, 1974, by the following.vote: AYES: Councilmen Brunner, Cavanagh, Jr., Daly, Harberson, :Perry, Jr., and -Mayor Putnam. NOES: None. ABSENT: Councilman Mattei. 273 September 23, 1974 Ordinance #1161 N.C.S. (continued) And ADOPTED on the 23rd day of September, 1974, by the following vote: AYES': Councilmen Brunner., Cavanagh, Jr., Harberson, Mattei, Perry, Jr., and Mayor Putnam. NOES: None. ABSENT: Councilman Daly. Helen Putnam Mayor ATTEST: Marjorie J. Wilson City Clerk City Manager Robert Meyer noted for the Council that this amendment changed the interest rate to not exceed 8% - per annum instead 7 %, and the ordinance becomes effective immediately upon its adoption. Occupancy -- The matter of occupancy-of Greenbriar-Apartments I Greenbriar prior to the acceptance.of the public improve- Apartments ments had, by motion, been added to the / _ agenda of-September 16, 1.974. At that time the Council indicated they would defer the matter to the agenda of the special meeting of this date. ....In reporting to the City Council, Director of Public Works.David Young indicated the check. list had been completed with the exception of the recreational building and the laundry room. The swimming pool has been fenced off, the fire alarm system was checked out by the Fire Department and the only remaining item to be completed in the public improvements was the wire mesh screening on the culvert bridge. Basically, nothing is left to hinder occupancy. In answer to City Manager Robert Meyer's question whether or not the City Council would at this time be accepting the public improvements, Mr. Young stated they would not, but that for a practical matter, the living units are completed. He explained the Council's policy of not accepting a subdivision until all public improvements had been completed was framed around R -1 - residences. This development is a PUD. wherein there will be several groups of apartment units which will have a central recreational facility. The recreation building.and the laundry building are being built to serve all ninety - six units; however, the first four apartments buildings are completed, the street lights are installed and will be activated by P.G. & E., and the private facilities are in the process of being built. Mr. Young further stated the swimming pool area had been fenced off to provide safety until the pools have been completed. 274 September 23, 1974 Occupancy -- City Attorney Matt Hudson reported- to•the Greenbriar Council that he.had reviewed Gr.eenbriar's Apartments lease- agreement.for their tenants to which an (cont- inued) addendum had been added stating "Young- America Homes is allowing occupancy for the°con-: venience of the tenants, that the private recreational fa_ cilities , are- not- -yet completed*; and since the occupancy is for the• tenant's convenience, they will hold the City harmless of any liability which might arise a.*s 7 •a- result of the incomplete facilities and the ongoing construction. The City - Attorney indicated he was satisfied this agreement would protect the City of Petaluma. Upon the conclusion of'the discussion, a motion was made by Councilman Perry and seconded by Councilman Harberson Greenbr.iar Apartments to list:-for occupancy those units which are completed with the proviso that the tenants•be informed -of the incomplete recreational and laundry facilities and also with the understanding the tenants have read and understand paragraph 32 of the lease- agreement "Additional Terms entitled and Conditions." Motion carried by 6 affirma- tive votes, 1 absentee. Adjournment There being no further business to come before the Council, the meeting was adjourned at 7:45 p.m. Mayor Attest: City lerk